Page:MS V.b.104 103v.png

aswell of the decretall & the lawe wch saith that crafte or deceipte vsed against an ennemie yf he be ouercome, shalbe reputed virtue. we reade howe Hanibal in his affaires against the Africane Rebells knowinge they loued to drink wine caused certeine vessells of his owne provision to be poysoned & in a night remoued his Campe as though he had fledd leaving the saide vessells there, wch the Africans pursuenge came thither & not mistrusting the deceipte, to quench their great thirst dronke of the wine & forthwth died. wch don Anibal retorned & wthout manie blowes obteined the victorie. On this behalf maye be alleadged an other lawe wch saith that to escape the hande of thennemie no crafte art or subtletie ys vnlawfull, & who so cannot destroie his ennemie by sworde may doe it wth venome. Frontino writeth of manie deceits to be vsed against our ennemies. Nevertheles seinge this order of proceedinge tendeth rather to assuraunce to offende then defende, we ought to esteme victorie by poyson as vnlawfull neither maye anie man in that sorte Challenge a victorious Crowne. This victorie is moste dishonest & the Iudge shall forbid in iuerie combatt to use anye venome or poyson and yf anie man by such meanes doe overcome his ennemie, he shall not be demed victorious. The lawe of Lombardie hath worthelie proved, that no person shall vse or weare anye pestilent hearbe or poyson in feilde or other place appointed for the triall of martiall prowesse, because the same is a thinge impertinent to gent, and soldiers & fit for Phisitions. This is the true Iudgement, that victorie shalbe gained thorough virtue dexteritie & manhoode & not thorough medicine. Yf this sentence semeth not good alleadginge a better reason I will give place.