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Replieth to the Contrarye, sayenge there is no man Iuste, because
manye things be lawfull wch are not honneste, and in enterprises of
armes it is vnlawfull to transgresse the Commission geven
The opinion of the doctors in lawe is that he ought not to
be elected a Iudge who is suspected to favour the one side more
then the other, or els for freindshipp will anye whitt encline to
the one more then to the other. ffor in Combat for life & deathe
it is lawfull by all meanes of pollecie or deceipte to overcome
thennemie, for victorie consisteth in wisedome & pollecie, though
the sworde be vsed wth force ioyned wth Iustice, for the libell of
the warrs is the sworde, and the Emperiall lawe vnderstandeth
not the wayse of armes because they are [deuine?], and for him yt
hath right it is lawfull to choose place for battle, as in thexam:
ple of Scipio it is seene who for his advanntage did chuse to
fight in Africa, for that he thought it not beste to deale wth
Hanibal in Italie. The lyke did the kinge of Siracusa in
Carthage. Also Metellus in Spaine vsed manie pollecies
to obteine victorie, sometimes appointinge to fighte vppon the
mountaines, and otherwhiles vppon the plaine groundes. As
Valerius maximus reporteth. Vigetius de re militari saithe
that battle is of suche condicion, that a thinge wch advantageth
the one dooth hinder the other, neither sholde anye man fighte
at the devotion of his ennemie, but rather every man to seke
his beste advauntage, as much as he maye to the annoye of
his ennemie. ffor Frontino saith that Alexander allwaies
chose that place for battle where he thought it moste likelye
to oppresse his ennemie. we reade also of Caesar howe he every
sought for place to fighte where he might take the aduantage
so dooth also Frontino reporte that Paulus Aemilius a Romain
capteine leadinge his armie against the Tarentines assay:
led them wth scorpions. Nicostrato duke of the Etholins
by lyke pollecie procured the savetie of his soldiers againste
the Epirotti. Phillip of Macedon in Greece did lykewise
obteine victorie by kepinge the ambassadors of his Ennemies
ffinallie we reade of diuers other Romaine capteines who
thoroughe fravde and deceipte have overcome their ennemies
Frontino also writeth of manie subtleties thorough wch many
battells have bene gained Nevertheles on the contrarie pte
is there contrarye reason, howe that a souldier trusteth
muche to the assurannce of Princes, as we reade in Liuius
his seventh boke Vrbe condita howe a french man came
to fighte wth theemperor vppon a plaine nere vnto booth their