Page:MS V.b.104 021r.png

gentlemen as wth dyscretion & reason come to battell, are therin
the more couragious. Likewise they that wthout iustice attempt
suche an exploite, become vile and cowardlie, doubtinge ever
leste God myslikinge, or offended wth their enterprise doth
hinder them therin, ffor that againste iustice, they suspect
themselues to fighte, and to are easelie vanquished. Ones:
andro saith that an Emperor ought come to battell, beinge
provoked, and not unwillinglie, but allwaies reguardinge
truth and iustice, and at laste seinge him selfe wronged
before God and men, he shall profess that he is not volun:
tarilie, but wth the inequitie of his enemies brought
to battell, not to the hinderannce of anye, but onlye to the
defence of his owne righte. Liuius saith in his firste booke
ab urbe condita that battells ought to be performed wth
religion and protestacion, and not to vsurpe an other mans
goodes, but reasonablie to take it in hande. ffor in suche
cases, as combat is taken in hande for favouros iustice
victorie insueth. The Decretall doth testyfie that mysf:
ortune and adversitie followeth sinfull attempts. Propertius
syth that who so hathe iuste cause to fighte, his force increasethe
and to those yt attempte wrongfull battell happeneth the contrarye
havinge thus proved in what sorte a man ought come to battell
wth iustice, non provoked wth Ire, envie, or perverse will. I saye
suche precepts muste be obserued in iustification, as Liuius in his
booke ab vrbe condita writeth. That a certeine frenche gen:
tleman of great force voluntarilie provoking Marcus Valerius
a gentleman of Rome was by him overcome by reason of an in:
fortunate vision, wch was a raven that descended from heaven
in the favour of Valerius. Likewise Metio Tusculano having
volyntarilie provoked Tito Mallio to battell was by him op:
pressed and slaine. And Titus Liuius writeth that one
other frenchman likewise provoking the saide Mallio was by him
vanquished also. Liuius in his booke De bello punico saithe
further that Jubellio a Tarentine, provokinge Claudio Asel:
lio in flienge, was by Jubellio overthrowne. So he writeth
of Badeo Campano provokinge Crispino who did not only van:
quish Badeo, but also spoyled him of his armes. And Iusi:
mano reporteth the like of Alexander the great, and the
kinge Poro his challenger. Oftenest times those yt willingly
and wthout necessitie of cause to defende their honnor doe
make challenge, in the ende remaine vanquished because