daye is had in memorie. Also Mario capteine of the Romains
at the overthrowe of the Cymbri otherwise called Flamingi
at what time he determined to fight wth his Ennemie comman:
ded that his whole armie sholde eate temperatlie and afterwardes
attending the helpe of the sonne wch shined vppon the face of
thennemie thorough force therof & the duste wthout greate
resistaunce he vanquished that moste obstinate people Not
wthstanding (as in one place it is recited) the lawe Civile &
the lawes of Lombardie doe not permitt, that in combatts
there shalbe vsed any herbes venemous devises, or other divelish
arts. Therfore the Prince havinge admitted free & indiffe:
rente feilde, it semeth that he that caste abroade theas pricks
hathe iniustlie violated the securitie of his lorde. The lawe
saith that Princes doe make the place of Combatt sacred
& lawfull & whosoeuer dooth violate the same deserueth pu:
nishmente. And therfore because the offence committed was
contrarie to the true nature of Combat wherin a man
ought to offende his ennemie only by meanes allowable in armes
this arte semeth an vnlawfull crafte and great treason, for the
agrement was to fight wth swordes & not otherwise. ffor
thease reasons it semeth it is not lawfull to offende the enne:
mie by other deceipts, and though it be permitted in combatts for
liffe and death to vse all pollecies, yet shall it not exceede
the articles agreed vppon. Therfore accordinge to the lawe
he deserueth no rewarde that dishonestlie transgresseth the
Couenents agreed of. And albeit in Combatts for lief it is
lawfull everie waye to offende the ennemie, yet is it intended
that the same shall not be wth other weopons or aduauntage
then were agreed vppon by order & Custome in armes and
not by such meanes as are not allowable therby. As for
example yf two doe appointe to fight wth swordes, it is
not lawfull yt anie of them shall bring to the feilde a
launce a Crosbowe or such like, and this I affirme for
reason and lawe vnder the correction of experte capteines
Conductors & others longe practized in the discipline of
Armes.
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Page:MS V.b.104 110r.png
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