vtterly falce who affirmed this man to be pronounced a traitor vnles it were for one of the two causes before recited, yea though him self confessed to have fought in a quarrell Iniuste, yet in respecte of this feare no firme credit is to be geven vnto him selfe. ffor the moste parte of those yt are put to tormente doe confesse that is not true thorough force therof. The lawe therfore willeth that such confession shall not stande vnles by other presumptions it appeare verie likelye, that he who is tormented hath committed the offence wherwth he is chardged as for example, one confessinge that he hath slaine a man in the woode. The Iudge ought forthwth to give order yt the place be serched, for the findinge of the deade bodie, and not finding any suche he that made the confession must not be punished, for yt the same is not by serch verefied. ffor this reason it is concluded that those yt by force of armes doe yelde although by iudgement of armes they remaine defamed & vanquished yet maye not be reputed as traitors, but shall continue as repulsed as in one other Chapiter it hath bene declared. ~
When one in combat is Vanquished and after alleageth that he confessed an Vntruth beinge forced therto, appeareth he ought to be harde.
Ca. 36.
In combat for liffe a question was moved by one who confessed therin that he had not iustice, and after desirous to saye the contrarie alleadged that by force of armes, & for feare of lyfe he had spoken that was not true. The question is yf a man in suche a case ought to be harde. Baldus saith that the nature of particular battle is such as no force or feare after victorie can be alleadged, for otherwise it sholde not be battle, & this is true because force is iuste when the same is performed, for proof & triall of trouth, cheiflie when wth order necessarie & due circumstaunce the battle is taken in hande
