The six books of a common-weale

WE have now alreadie told what difference there is betwixt Subiects, Citisens, and Straungers: let vs now also speake of Allies, and first of them which are in protection; for that there is not one of them which have written of a Commonweale, which haue rouched this string; which for all that is the most necessary for the understanding of the states of Commonweales. The word of protection in generall extendeth unto all subiects which are[*](Protection.) under the obeysance of one soueraigne prince or seignorie; as we have said▪ That the prince is bound by force of armes, and of his lawes, to maintaine his subiects in suretie of their persons, their goods, and families: for which the Subiects by a recipro---all obligation owe unto their prince, faith, subiection, obeysance, aid, and succour. This is the first and the strongest protection that is. For the protection of maisters towards their slaues, of patrons towards their enfranchised, of lords towards their vassals, is much lesse than that of princes towards their Subiects: insomuch that the slaue, the enfranchised, the vassall, oweth faith, homage, and succour, unto his lord; but yet that is after his owne soueraigne prince, to whome he is a bound Subiect▪ the souldior also oweth obeysance and succour unto his captaine▪ and by the law deserueth death, if hee defend him not at his need. Yet in all treaties and actions of peace betwixt princes & people[*](How in of peace prin are said to be on of them in the protection of another.) in amitie and friendship ioyned together: the word of Protection is special, importing not any subiection of him that is in protection, neither commaund of the protecture towards his adherents, but onely an honourable and reuerent respect of the adherents towards their protector, who hath taken upon him their defence and protection, without any other impeachment of the maiestie of the adherents over whome the Protector hath no power at all. So that the right of protection is well deemed to bee the greatest, fairest, and most honourable of all others that are amongst princes. For the[*](To protect others is a thing most honourable.) soueraigne prince, the maister, the lord, the patron, draw unto themselves great profit and obedience, for the defence of their subiects, their slaues, their enfranchised, and vassals: but the Protector is to content himselfe with the honour and acknowledgement of his adherent, seeing that of all duties of courtesie, none is greater, than as euerie man standeth in most need of helpe, so to giue him the greatest relief---; neither of so great kindnesse to accept any other reward than thanks: for if hee couenant for any

thing farther, he looseth the name of a Protector. For as he which lendeth unto anoman part of his goods or trauell, if he receiue any gaine or profit thereby, he is no more to be called a lender, or that his doing to be tearmed a lending or pleasuring, but a meere mercinatie gaining: so he which hath liberally promised to doe any thing for another man, is without any hire by the law bound to accomplish his promise: and the reason is, for that unto dutie no hire is due. Neither is there any band of promise stronger, or more effectuall, than that which is made to defend the goods, the life, the honor of the weake against the stronger, of the poore against the rich, of the good distressed against the violence of the wicked. And that is it for which Romulus, founder of the citie of Rome, setting in order the state of his subiects, to keepe them all at peace and unitie among themselves, assigned unto every one of the hundred gentlemen, or Senators that he had chosen to be of his priuie counsell, a certaine number of his other meaner subiects, to be by them maintained under their protection and safegard; holding him accursed and execrable, who should leaue the defence of any his adherents. And the Censors marked them with the note of infamie, that had forsaken their adherents. The law also of the xij tables in that case carrieth with it the paine of excommunication, as in these words: If the Patron deceiue his Client let him be accursed. Yet Plutarch writeth, The clients to have giuen money to the bestowing of their patrons daughters: which I remember not to have bene elswhere written; for in so doing they should have cosened their clients: but it may bee that he mistooke clients, for men enfranchised; who albeit that they be both called clients or adherents, yet is the bond of the enfranchised greater towards their patrons that set them at libertie; than is that of the free borne clients, who had no patrons but aduocats, who defended the causes of their clients. How beit with vs the patrons exact money of their enfranchised clients, the better to bestow their daughters, which is like enough to haue come from the Romans unto vs. Now when that forren people saw the Roman clients or adherents to be safe from the iniurie and oppression of the more mightie, not onely every particular man, but men euen generally, yea whole cities and prouinces yeelded themselves into[*](How whole cities sometimes put themselves into the protection of some one honourable house of the Roman Senators.) the protection of the Senators. For so the house of the Marcelles had in their protection the citie of Syracusa, the Antonies had likewise the citie of Boulongne la Grasse: and so others afterwards tooke upon them the protection and defence of others also. Yea the straungers in like case, that frequented the citie of Rome, had also their protectors, who by the law of application or patronage, tooke unto ---hem whatsoeuer the straunger dying in the citie possessed. And of these same Romans that filled Fraunce with the multitude of their Colonies, it is like this law of protection, which of the aduocats and not of the clients, they cal the law of Auoison, or Auouerie to haue taken▪ beginning. But the enfranchised clients differ much from the free borne clients, albeit[*](Great difference betwixt the free borne clients and the clients enfranchised.) that they be both called clients, for the likenesse that is betwixt the one and the other) but especially in this, that the enfranchised clients may from their libertie be againe reduced into slauerie, if they shall be proued to have bene vngratefull unto their patrons whereas the free borne clients cannot so be. The enfranchised clients are constrained also to helpe their patrons with their labours: wheras the free borne clients are bound to reuerence their protectors or aduocats, and to do them mutuall kindnesse, but not seruile seruice or labour: neither if they have done any thing to deceiue their patrons do they therefore loose their libertie: beside that the patrons suruiuing may by the law take part of the goods of their enfranchised clients: whereas the aduocats, or protectors can take nothing of the goods or inheritance of their free borne clients or adherents.

And although there be so many things common to the free borne clients, with the vassals or adherents, as that they are almost accounted for one, yet is there great difference

betwixt them. For the vassall is bound with all fidelitie to honour and reuerence [*](The difference betwixt the free borne client and the vassall. This right is of the Latins called Ius-commissi: & of the French Droit de comise. ) his lord, to helpe him being in daunger, and to do him all the kindnesse possible: and if so be that he shall deceiue his lord, disgrace him, perfidiously abiure him, or giue him the lye: hee by and by looseth therefore his fee, which escheateth unto his lord by the right which the lord hath against his vassall in such case: whereas from the vndutiful or vnkind client, or adherent, nothing can at all be taken. Moreover if the vassall hath without any exception giuen his faith unto his lord, or acknowledge no man greater than him; whether he be sworne or not, he is bound unto the subiection & command of him the same his lord and prince: whereof he cannot be said to be discharged, albeit that he neuer so much renounce his fee: whereas the client or adherent standeth not in these tearmes, being in nothing subiect to his aduocat or protectour. The vassall also whether he be a king or pope, or whatsoeuer els oweth faith and seruice vnto the lord of whome he holdeth his fee, except he renounce the fee: whereas the free borne client or adherent, whether he be prince or priuat man, is free from all seruice and commaund of his more mightie aduocat or protectour. In briefe the right of a[*](Vassalage but new: protection most auntient.) vassall age seemeth in a manner to be but new, and before the comming of the Lombards into Italie vnknowne: whereas the law of protection is most auntient and before the time of Romulus, who borrowed it of the Greeks: for it was long before used in Thessalie, Aegypt, Asia, and Sclauonia, as we read in auntient writers: that so the weaker might be the safer from the violence or iniurie of the more mightie. The vassall also receiueth inheritance and fees of his lord, from whose fealtie and obesance which he oweth unto him, he cannot bee exempted, albeit that the soueraigne prince should raise the fee of his vassall depending of him into a countie, dutchie, or principalitie, as hath beene adiudged by the decree of the parliament of Paris. Whereby it is to be vnderstood them to erre and be deceiued, who out of Cesars Commentaries interpret them whome he calleth Soldurios et deuotos, to be vassals, seeing that hee hath made no mention of their fee, without which they cannot so be, ioyning thereunto also, that they were indeed true and naturall subiects: for that their lives, their goods, and their persons, were consecrated unto their lord: which is the true marke of subiection, which the vassals owe onely unto their soueraigne prince, not in the qualitie of vassals, but in the qualitie of naturall subiects, who ought to runne the same fortune with their prince, and to live and die for him if need bee, albeit that the vassall bee more specially bound, than the other subiects.

All which things tend to this purpose, that it may plainely be perceiued, what and[*](The difference betwixt patronage, vassallage, and protection.) how much difference there is betwixt the rights of patronage, vassallage, and protection, which we see to bee of many for the likenesse among themselves confounded. For the vassall and the adherent owe their fidelitie unto their lord and protector; and the one of them are reciprocally bound unto the other, albeit that the lord be not bound by expresse word to giue his oath of fidelitie to his vassall, as the protector ought to his client or adherent, and so solemnly to keepe all the treaties of protection. The lord and the vassell also ought to deliver solemne letters of their mutuall obliging of themselves the one to the other: like as the protectour and the adherent, are bound to giue letters of protection the one of them to the other: but especially if one soueraigne prince upon a league made, receiue another soueraigne prince into his protection, which are to be renewed either of the princes dying. For the right of protection belongeth not unto the heires, except the same be in the league so comprlsed: and bee it neuer so prouided for, yet neuerthelesse either of the princes being dead, it is needful for his successor by lawfull acts to professe his protection, & to have the league renewed. But to make more manifest the matter of protection betwixt soueraigne princes,

whereof we are to entreat: it seemeth that the soueraigne prince or people, which hath put it selfe into the protection of another, is become his subiect. And if he be a subiect, then is he no more a soueraigne, and his subiects shall also be the subiects of the protector. And what subiection would a man have greater, than to put himselfe into the protection of another man, and to acknowledge him for his superiour? For protection[*](What protection beixt gre princes is.) betwixt great princes, is nothing else but the confederation and alliance of two princes, or soueraigne lords, wherein the one acknowledgeth the other for superiour; whome he bindeth himselfe to obserue and reuerence, and into whose protection hee is receiued, so to be the safer from the iniurie of some other more mightie: also when the subiect of a prince retireth himselfe into the territorie of another prince, hee is likewise in his protection; in such sort, as that if he be pursued after by the enemie, & taken prisoner in the territorie of another soueraigne prince, hee is not prisonet of him that pursueth him, but of him into whose territorie he hath fled: as was iudged by the law of armes at the interparle of peace, which was betwixt the French king & the emperor Charls the fist, in the yere 1555, when question was made of the imperial prisoners that the French had taken in the countie of Guynes, which was then in the subiection of the English; it was maintained by the Chancellor of England, That they could not be detained as prisoners, being taken in the territorie and protection of the English: howbeit that the contrarie might be said: for albeit it was not permitted to pursue or take prey in another mans territorie, yet it is lawfull hauing raised it in his owne territorie, to pursue it into another mans ground: which yet suffereth this exception, If the lord of the ground forbid him not so to do: as did the lord Grey, gouernour of Calais and Guines, who comming in the time of the pursute, was said to have taken the flying Spaniards into his protection, although that they were carried away by the French. Now in this case the word Protection, is not taken in proper signification; for there is no protection, if there be no conuention: and the strange prince cannot take another princes subiect into his protection without the consent of his owne prince, as wee shall hereafter declare.

But yet before let vs determine the propounded question, Whether a soueraigne[*](Whether a soueraigne prince submitting himselfe unto the protection of ano ther prince, looseth thereby his own soueraignty, and so becommeth the other princes subiect.) prince submitting himself unto another soueraigne prince, looseth the right of his own soueraigntie; and whether he become subiect to the other? For it seemeth that he is no soueraigne, acknowledging a greater than himselfe. Neuerthelesse I am of opinion that he continueth still a soueraigne, and not a subiect. And this point is decided by a law, whereof there is not the like, and hath in diuers readings bene altered: but we follow the originall of the Pandects of Florence, which hold, That soueraigne princes who in treatie of alliance acknowledge the protectour to bee greater than themselves, are not yet for al that their subiects. I doubt not (saith the law) but that allies, and other people vsing their libertie are not straungers unto vs, &c. And albeit that in the treatie of confederats and allies, by vnequall alliance, it be expresly said, That one of them shall respectiuely regard the maiestie of the other; that maketh not that hee should bee therefore his subiect, no more than our adherents and clients are lesse free than our selues, although they be not equall with vs, neither in goods, power, nor honour. And the ordinarie clause inserted into the treaties of vnequall alliance in these words, Comiter maiestatem conseruare (that is to say, curteously to preserue the maiestie of the greater) importeth no other thing, but that betwixt the princes allied, the one is greater and more honourable than the other; and that the lesser allies should in al modestie respect the greater. So that it euidently appeareth, that protection importeth not subiection,[*](Protection importeth not subiection.) but the superioritie and prerogative of honour. And the more cleerely to vnderstand this point, and the nature of treaties and alliances, we may say that all treaties amongst

princes are made either with friends, enemies, or newters. The treaties betwixt enemies, are made to have peace and amitie, or truce, or to compose warres begun for seignories or for persons, or to redresse the iniuries and displeasures of one of them against the other, or for traffick and hospitalitie that might bee betwixt enemies during the time of truce. As for the others which are not enemies, the treaties which are made with them, are either by alliance equall, or vnequall: in this the one acknowledgeth[*](Alliance equall▪ or vnequall▪ Vnequall of two sorts.) the other to be superiour in the treatie of alliance; which is in two sorts, that is to wit, when the one acknowledgeth the other to be his superiour for honour, and yet is not in his protection: or els the one receiueth the other into protection, and both the one and the other is bound to pay a certaine pention, or to giue certaine succours; or els owe neither pention nor succours. As for allies by alliance equall, which the Latines call Aequo foedere, the qualitie is vnderstood, when the one is in nothing superiour[*](Alliance equall.) unto the other in the treatie: and that the one hath nothing aboue the other for their prerogative of honour, albeit that the one must do or giue more or lesse than the other for the aid that the one oweth unto the other. And in this sort of treatie, they have alwaies entreated of amitie, traffique, and hospitalitie, to harbour the one with the other, and to traffique together with all kind of marchandise, or some certaine kindes onely, and at the charge of certaine imposts agreed upon by the treaties. And both the one and the other alliance is of two sorts, that is to wit, defensiue onely, or defensiue[*](Alliance defensiue only, or both defensiue and offensiue.) and offensiue; and yet may be both the one & the other, without exception of person, or with the exception of certaine princes: and the most strait alliance is that which is both defensiue and offensiue, towards all, and against all; as to be a friend to friends, and an enemie to enemies; and so most commonly order is taken, and treaties of mariages one of them had with the other. But yet the alliance is more strong, when as one king is allied with another king, realme with realme, and one man with another man; as were in auntient times the kings of Fraunce and Spaine, and the kings of Scotland and Fraunce. And that was it for which the ambassadours of Fraunce aunswered Edward the fourth, being driuen out of the realme of England, That the king could not giue him aid, for that the alliances of Fraunce and England were made with the kings, and the realmes, in such sort that king Edward chased out of his realme, the league continued with the realme and the king that therein raigned: the effect of which words was this, with such a king, his countries, territories, and seignories: which words are as it were in all treaties expressed. But these treaties ought also to bee published in soueraigne courts or parliaments, and ratified by the estates, by the consent of the Atturney generall, as was decreed in the treatie made betwixt king Lewes the eleuenth, and Maximilian the arch duke, in the yeare 1482. The third sort of alliance is that of neutralitie, which is neither defensiue nor offensiue, which may be betwixt the subiects of two[*](Alliance of neutralitie.) princes being enemies; as those of the Franche-countie have alliance of neutralitie with the house of Fraunce, and are assured in time of warre: in which alliance was also comprised the countrie of Bassigny, by the decree of Bade in the yeare 1555, in confirming with the king the renouation of the neutralitie for the Franch-countie. And all these aforesaid alliances are perpetuall, or limited to a certaine time, or for the life of princes, and some yeares more, as is alwaies in treaties of alliance agreed upon betwixt the kings of Fraunce, and the lords of the leagues.

And thus much for the generall diuision of all the treaties which are made betwixt princes, under the which are comprehended all the particular alliances. For as for the diuision of the Roman ambassadors, at the enterparle of peace betwixt them and Antiochus the great, it is verie short. Liuie saith, Tria sunt Genera foederum, vnum cum bello victis dicer entur leges: alterum cum pares bello aequo foedere in pacem & amicitiam venirent:

tertium cum qui hostes nunquam fuerunt in amicitiam foedere co---unt, qui neque dicunt neque accipiun--- leges. There are (saith he) three kinds of leagues or confederations; one, when as lawes and conditions are appointed to them that be in battell ouercome: another when men in warre equall come together in like league into peace & friendship: the third, when as they which neuer were enemies, by league ioyne in amitie, who neither giue nor take lawes. All the others, which are neither subiects nor allies, are either coallies, or enemies, or newters without alliance or hostilitie, who all generally, if they be not subiects (bee they allies, coallies, enemies, or newters) are straungers. The coallies are the allies of our allies, which are not for all that our allies, no[*](Coallies they be. Coallies alwaies comprised in the league of their allies.) more than the companion of our associat is ou--- companion; who yet neuerthelesse either in generall or speciall tearmes, are alwaies in all leagues comprised. As the lords of the three confederats of the Grises, the antient allies of the Swissers, were in expresse tearmes comprised in the treatie of alliance made in the yere 1531, betwixt king Frances the first of that name, and the Swissers, in qualitie of coallies. But in the yeare 1550 they were allies unto the house of France, and comprised in the treatie of alliance renewed betwixt king Henrie and the Swissers, in qualitie of allies by alliance equall, in like degree and pension with the Swissers, that is to wit 3000 pound, for euerie league or confederacie, to take away the partialitie that was betwixt the one and the others. For although the Swissers were allied with the league of the Grises, by alliance equall by the treatie made betwixt the Grisons and the seuen little Cantons, in the yeare 1498: so it was yet neuerthelesse that they constrained the lords of the leagues of the Grises to obey the decrees made in their diets, if it should be there otherwise determined; which was like to have broken the alliance betwixt the Grisons and the Swissers, in the yeare 1565, for no other cause, (as said the Grisons) than to make the Swissers to know that they were their equals in alliance: but the truth is, that the emperour practised under hand, and gaue eleuen thousand crownes unto certaine of the most factious of the Grisons, to make head, as they confessed afterwards being put to torture, and were condemned in a fine of ten thousand crownes; as I have learned out of the Commentaries and letters of the French ambassadours, which then was sent vnto the Grisons. Wee have also example of them of Geneua, who were comprised in the treaties of alliance made betwixt the house of Fraunce and the Bernois, in whose protection they then were; and so were since the yeare 1527, unto the yere 1558, that they exempted themselves out of protection, and entreated in alliance equall, and have alwaies in alliance bene comprised in the qualitie of coallies.

But as those alliances which are defensiue and offensiue towards and against all persons[*](N alliance vnsure or weake, than the simple alliance of commerce and raffick.) without exception, are of all others the straitest and strongest: so also there is no alliance more vnsure or weaker, than the simple alliance of commerce and traffique which may be euen betwixt enemies: which although it may seeme to bee grounded upon the law of nations, yet we see it oftentimes to bee forbidden by princes in their own countries, least their subiects should riotously abuse the store of things broght in, or be pinched with the want of things carried our. And for this cause princes have in this respect vsed particular treaties, & granted certaine special priueleges & liberties: as in the treaty of commerce or traffick betwixt the house of France & the porttowns of the Easterlings, & the Milanois with the Swissers; wherein they are by the treaties of commerce bound to deliver a certain quantitie of graine, at a certain price expressed in the said treaties, which the French ambassadors would oftentimes have broken, for the doubt that the Swissers made to enter upon the Milanois, enemies unto the French, for feare the transportation of corne shuld have bene forbidden: which when the gouernor of Millan had done, in the yeare 1550, the Swissers were upon the point to haue made

alliance defensiue with the Millanois, or at leastwise to have had them excepted amongst the confederats as newters. The force of which league was, that such as were in the same league excepted, could not become prisoners to any the confederats; when as yet for all that straungers, although they were no enemies, were by the law prisoners to them that tooke them: For so Pomponius writeth unto Quintus Mutius: For (saith he) if we haue neither friendship nor hospitalitie, nor league of amitie with any nation, these truely are not enemies: yet what thing soeuer of ours falleth into their hands becommeth theirs; insomuch that a free man borne of ours, by them taken, becommeth their slaue; and so likewise it is, if any thing come from them to vs: thus much he. But this law we now vse not, for regard of that curtesie which ought to bee betwixt man[*](Who indeed are to be accounted enemies.) and man. But by the name of enemies we vnderstand them vnto whome we, or they unto vs, have publickly denounced warte; or els without any denuntiation have of fact made warre upon vs: as for the rest they are to be deemed of, as of theeves or pirats, with whome we ought to have no societie or communitie. In auntient time also there was a treatie of alliance to have iustice done them in a straunge citie, as we read in the books of the Grecians; but at length by the great consent and agreement of all nations, the port of iustice hath by little and little bene still opened, as well to strangers as to citisens.

But in euerie alliance, league, confederation, or conuention whatsoeuer, it behoueth[*](In all alliance the soueraigneti i still unto all Princes, & people to bee reserued safe and vntouched.) that the lawes of maiestie be unto euerie prince or people reserued safe and vntouched: for otherwise the one should fall into the power and mercie of the other; as the weaker oftentimes are by the power & might of the stronger enforced to receiue lawes; which is not so in the treaties of alliance equall: wherein euen little cities are in the indifferent lawes of leagues equall unto most mightie kings and people, being not bound either to obserue the maiestie of their more mightie confederats, or to giue them place. As a man may see in that treatie of alliance made betwixt the kings of Persia, & the seignori--- of Thebes: For albeit that the Persian empire was bounded almost with the same bounds that the course of the sunne was, viz▪ from the riuage of Hellesponrus unto the remotest parts of India; and that the citie of Thebes was enclosed but in strait wals, and the countrey of Beotia; yet for all that were they both in the league of their alliance equall. Now where we said, that in alliance of protection, the protector hath a prerogative of honour; that is not to be vnderstood onely, that hee ought to be the chiefe allie, as was Lewes the eleuenth the French king with the Swissers, who did him that honour aboue the duke of Sauoy, who was before the chiefe: For alwayes the soueraigne prince be he neuer so little, in alliance equall, is maister in his owne house, and holdeth the first place aboue all other princes comming into his countrie: but if the protector himselfe come, he is the first both in sitting and all other honours.

But here might one say, Why should allies in league defensiue & offensiue against all without exception, vsing the same customes, the same lawes, the same state, the same diets, be reputed straungers one to another? Wee haue hereof example of the Swissers, who are allied amongst themselves, with such alliance as I have said, since the yeare 1315; yet say I neuerthelesse that such alliance letteth not, but that they are still straungers one unto the other, and maketh not that they are one citisens to the[*](Alliance maketh not but that men may still bee one of them strangers unto another, & not of the same Ciie or Commonweale.) other. We have also hereof example of the Latines, and the Romans, who were allies in league defensiue and offensiue, used the same customes, the same armes, the same language, and had the same friends and enemies: Whereupon the Latines maintained, that it was and ought to be one and the selfe same Commonweale; and therfore by their ambassadours demaunded to have their part in the estate & offices of Rome, as had the Romans themselves. S--- societ---s (said they) equatio iuris est, si socialis exercitus

illis est quo duplicent vires suas; cur non omnia aequantur? cur non alter ab Latinis Consuldatur? Vbi pars virium, ibi & imperij pars est. And immediatly after, Vnum populum, vnam rempublicam fieri aequum est. Tum Consul Romanus. Audi Iupiter haec scelera: peregrinos Consules, & peregrinum Senatum in tuo templo, &c. If societie (said they) be an equalitie of right, if they have their allies armie, whereby they double their strength: why then are not all things made equall? why is not one of the Consuls chosen of the Latines? where part of the strength is, there should also part of the government be. And immediatly after, It is but right that there should bee but one people and one Commonweale. Then said the Roman Consull, Heare ô Iupiter these villanies, straunge Consuls, and a straunge Senat in thy temple, &c. So hee calleth them straungers which were allied unto the Romans with the strongest alliance that was possible to deuise, insomuch that they seemed to be all of one and the selfe same citie. Yea Festus teacheth vs the Municipes (or enfranchised men) not to haue bene citisens: whose words we have thought good here to set downe: Municip---um id genus hominum dicitur, qui cum Romam venissent, neque ciues Romani essent, participes tamen fuerunt omnium rerum ad munus fungendum vnà cum Romanis ciuibus, praeterquam de suffragio ferendo aut magistratu capiendo: sicut fuerunt Fundani, Formiani, Cumani, Acerrani, Lanuuini, Tusculani, qui post aliquot annos ciues Romani effecti sunt. Al---o modo id genus hominum dicitur, quorum ciuitas vniuersain ciuitatem Romanam venit, vt Aricini, Cerites, Anagnini. Tertio definiuntur ij qui ad ciuitatem Romanam it a venerunt, vt Municipia essent suae cuiusque ciuitatis coloniae, vt Tiburtes, Praenestini, Pisani, Arpinates, Nolani, Bononienses, Placentini, Sutrini, Lucenses. That kind of men (saith hee) is called Municipials, who comming to Rome and being no citisens, were yet partakers of all things together with the Roman citisens, except in giuing of voyces, and bearing of offices; as were the Fundani, the Formiani, the Cumani, the Acerrani, the Lanuuini, and the Tusculani, who after certaine yeares were made citisens of Rome. And otherwise that sort of men is so called also, whose whole citie came into the citie of Rome; as the Aricini, the Cerites, and the Anagnini. And thirdly they who so came unto the citie of Rome, as that the Colonies of euerie citie were accounted Municipials; as were the Tiburts, the Praenestini, the Pisani, the Arpinates, the Nolani, the Bononienses, the Placentini, Sutrini, and Lucenses.

Now many I see to be in the same errour, as that the Swissers for like reason are all[*](That the Can of the Swissers are not one, but diuers Commonweales.) but one Commonweale: and yet it is most certaine that they be thirteene Commonweals, holding nothing one of another, but euerie one of them hauing the soueraignty thereof divided from the rest. In former time their countrey was but one member of the German empire, gouerned by the emperours deputie. The first that rebelled were the inhabitants of Schwits, Vri, and Vnderuald, who treated of alliance both defensiue and offensiue, in the month of December, in the yeare 1315: whereof the first article[*](The beginning of the Swissers revols from the Empire, and the first establishing of their Commonweales.) was, That none of them should more admit the commaund of any prince, or endure any soueraigne prince over him. And afterwards in the yeare 1332 alliance was made of foure Cantons, which were called the foure townes of the wood, viz. Vri, Schwits, and Lucerne. And in the yeare 1351, Zurith entred into alliance with these foure. And in the yeare 1352 Zug was also receiued with these fiue; and the yeare following Berne. And afterwards in the yeare 1393, was made the treatie of Sempach (after that the nobilitie of the Swissers was by the commonaltie discomfited and ouerthrowne) wherein they of Zurich, Lucerne, Berne, Soleure, Zug, Vri, Schwits, Vnderuald, and Glaris, entred into alliance defensiue and offensiue; which they renewed in the yeare 1481. Basill was also receiued in the yeare 1501: Schaffuse also and Apenzel in the yeare 1513, Mulhouse in the yeare 1520, Rotwill in the yeare 1519. The Valesians also

in the yeare 1528, with whom beside the auntient treatie, a particular treatie was made betwixt them and the Bernoies for league defensiue. Bienne also entred into league offensiue and defensiue with the Bernoies, in the yere 1352, after that they had exempted themselves out of the power of the bishop of Basill their soueraigne prince. All which treaties of alliance, the abbat of Orbez, ambassadour for the French king vnto the Swissers, hath let me see. Whereby a man may not onely note the pluralitie of Commonweals, but the diuersitie of alliances also. For they of Berne may summon the three little Cantons of Vri, Schwits, and Vnderuald, unto their succour, by vertue of their first league: and they of Zurich and Berne, may reciprocally summon the one the other: they of Lucerne may of eight Cantons summon fiue: And the three little Cantons of Schwits, Vri, and Vnderuald, may summon all the rest of the Cantons unto their aid, if they chaunce to be inuaded, and that for diuers causes. The assemblies of al the Swissers, except the Rhaetians, them of Geneua, and the Valesians, are holden euerie yeare: and whatsoeuer is decreed by the greater part of the ambassadours of the cities, bindeth them all in particular, and the lesser part of the whole in common. The last that entred into the league under the protection of the Bernois, were they of Geneua.[*](Geneua the las that entred into league with the Swissers, under the protection of the Bernois.) All these allies, confederats, and coallies, made two and twentie Commonweales, with the abbat of St. Gal a soueraigne prince; all seperated in soueraigntie, and euerie one of them hauing their magistrats apart, their state apart, their bursse, their demaine and territorie apart. In briefe, their armies, their crie, their name, their money, their seale, their assemblies, their iurisdiction, their ordinances in euerie estate divided. And if one of the Cantons of themselves get any thing, the rest have no part therein: as the Bernoies haue well giuen to vnderstand: For since they entred into the league, they haue ioined unto their own domesticall government little lesse than fortie towns, upon whome they leuie men and money, and giue unto them lawes: over which the other Cantons have no power at all: as was iudged by Frauncis the first, the French king, by them chosen arbitrator in this matter. They of Basil also, when in the yeare 1560 they had lent fiftie thousand crownes unto the French king, they tooke the Canton of Soleure to themselves in caution▪ but hauing by the common aid of al the Cantons taken in the bailiwike of Lugan, with certaine other lands beyond the mountaines; euerie Canton by turne one after another, sent thither their magistrats and gouernours, for the administration of iustice▪ that so unto every Canton of the Swissers might be reserued their right and due. The towne also of Bade, where they commonly hold their yearely assemblies or diets, is common unto eight Cantons, which after the victorie of Sempech ioyned in league together. It is also (as I suppose) wel known unto all men, how that they are not all of one and the same religion, but to bee therein divided, and had therfore oftentimes taken up arms one of them against another, if the French king had not wisely prouided therfore; as well for the sincere loue and affection hee bare unto them, as for the notable interest hee had to maintaine them in peace: for that of their health and welfare the securitie of Fraunce seemeth almost wholy to depend.

But unto manie it may seeme, that they altogether make but one estate, considering that, that which is decreed in their diets in common, bindeth euerie one of the Cantons,[*](The Cantons of the Swissers divided among themselves for religion.) and the lesser part of them all: as the seuen Cantons Catholike gaue well to vnderstand unto the foure Cantons Protestants, at the diet holden in September, in the yeare 1554, insomuch that the common countrie situat beyond the mountaines, divided in religion, and gouerned by the magistrats that euerie Canton sendeth thither by turne; it chaunced that the seuen Cantons Catholike caused them of the common countrey to bind themselves not to chaunge the religion Catholike: and so following

the same obligation would afterwards haue proceeded against them of the religion there, against whome the cantons protestants opposed themselves, and were now readie to have entred into armes, had not the ambassadour of Fraunce stept in betwixt them, and wisely pacified the matter: yet for all that with this prouiso, That the common subiects of the religion should be punished (for chaunging their religion, contrary unto the league) if the greater part of the cantons should be of that opinion, and that the cantons catholike should neuerthelesse redeliver the letters obligatorie of the common subiects. By which meane their differences were againe well appeased. Wherunto the cantons of Glaris and Apenzel serued in good stead; who indifferently receiued both the one and the other religion, and made as it were an equall counterpoise betwixt the one of them and the other. So that it appeareth that the greater part of the cantons bindeth the lesse, and euerie one of them in particular. Yea and that more is, none of the cantons may haue alliance with any prince whatsoeuer without the whole[*](None of the cantons may make alliance with any prince, wishout the whole consent of the rest of the cantons) consent of the rest. As the cantons protestants hauing made alliance with Philip the Landgraue of Hessen, and the seignorie of Strasburg, in the yeare 1532, were by the rest of their allies enforced againe to depart from the same. As in like case the cantons catholike were compelled to renounce their new alliance made with the house of Austria. And albeit that the five cantons catholike Lucerne, Vri, Schwits, Vnderuald, and Zug, had made alliance with Pope Pius the fourth, for the defence of their religion; yet could they not with any rewards (were they neuer so great) be enduced to renew the same with his successours. But when treatie was had, for alliance to bee made betwixt Frauncis the first, the French king, and the Swissers, nothing more letted the same, than the opposition of the cantons protestants; who before instructed in the new religion, and persuaded by the earnest sermons of Zuinglius their preacher, who affirmed it to be vnlawfull for them to serue straunge princes in their warres, preuailed so much, that his followers and countrie men would no other wise make alliance with the king, but by the way of peace and friendship onely. But the leagues renewed with Henry the second, they of Basil and Schaffuse, with the catholike cities, ioyned themselves unto the French, not in league of friendship onely, but in giuing of their aid also: when as for al that, they of Zutic and Berne, in the yeare 1554, forbad their subiects upon paine of death to serue the French king in his warres. And the same yere the gouernors of the canton of Vnderuald, requested by the cardinall of Trent, That by their leaue hee might leuie certaine men in their countrey; forbad their subiects in generall, uppon paine of death, and confiscation of their goods, to go to serue any other prince than the French king: which are all vndoubted arguments to shew, that among the Swissers there are as many Commonweals as there are cities or cantons. In like case the three confederat cities of the Grisons, which consist of fiftie companies or fellowships, have their governments diuers one from another; and yet as oft as they have their assemblies, the greatest citie of the Grisons vseth to send thereunto eight and twentie deputies, the second twentie foure, and the last fourteene: with power, that whatsoeuer the greatest part of these their deputies shall agree upon, in matters concerning their common societie, shall bind every one of them in particular: and sometimes also in matters of greater importance all the people assemble themselves. Wherefore they are deceiued, which of those three cities would make one Commonweale. For common assemblies and meetings, common demaines, common enemies and friends, make not the same Commonweale; no not although they haue the same bourse, or certaine common treasure: but the soueraigntie of power that euerie one hath to commaund or restraine their subiects: as in like case, if many heads of families should become partners of all their goods, yet should they not therefore make one and the selfe same familie. The same opinion we may have of the alliance contracted betwixt the Romans and the rest of the townes of Italie, combined in league both offensiue and defensiue, against all men without exception: who yet neuerthelesse were diuers Commonweales, divided both in their assemblies and soueraigntie. The like we may say of the league of the seuen townes of the Amphictioniques, who had their meetings and soueraigntie divided: to whose example most of the townes and seignories of Greece afterwards entred into the same league and confederation, for the deciding of their controuersies: and euerie yeare every seignorie sent their ambassadours and deputies unto the common estates, where the greatest affaires, proceedings, and differences, betwixt the princes and seignories, were determined by their deputies, whom they called Myrios: by whom the Lacedemonians were condemned to the seignorie of Thebes, in the summe of thirtie thousand crownes: and for not obaying the decree, were condemned in double thereof: for that contrarie to the treatie of peace, they had surprised the castle of Cadmee. The Phocences also afterwards when they had robbed the holy treasure at Delphos, were by the decree of the Amphictioniques, enioyned to restore the money by them so euill taken out of the temple: for default of which doing, all their country was adiudged unto the treasurie of the temple: so that if there were any person which shewed himselfe disobedient unto the decrees of the Amphictioniques, he therefore incurred the indignation of all Greece.

Here might one say, That all Greece was but one Commonweale, considering the power of the Amphictioniques: and yet neuerthelesse there were almost as many diuers Commonweales, as cities, holding nothing one of them of another, neither of the states of the Amphictioniques; but that they had so promised one to another, as princes have accustomed to promise among themselves, and to chuse their allies for their arbitrators: which neither the Lacedemonians, nor the Phocenses had done, neither could against their wils be of right thereunto enforced. Yea the Phocenses to giue the Amphictioniques to vnderstand that they had no power over them, pluckt downe and tore in peeces the decrees of the Amphictioniques, fastened unto the pillers of the temple of Delphos. Yet true it is, that Philip king of Macedon (beeing himselfe none of the league) tooke hereupon occasion to denounce the sacred warre unto the Phocenses, and to ruinat their state: and in recompence therof obtained the place and priueleges of the Phocenses: the Lacedemonians being also excluded out of the league of the Amphictioniques, for hauing giuen vnto them succours. The like league almost we also find to have bene amongst the auntient Gaules, as is to bee seene in the Commentaries[*](The alliance of the auntient Commonweals of Gaule.) of Caesar, where he saith, That Vercingentorix chosen their generall, caused all the states of Gaule to be assembled. And albeit that the lords of Autun, of Chartres, of Gergoye in Auuergne, and of Beauuois, held nothing one of them of another; and that the seignorie of Bourges was in the protection of Autun; and those of Viarron in the protection of Bruges, and so consequently the other townes in like sort: yet so it was, that all the princes and seignories passed their differences by the decrees and iudgements of the Druydes; unto whose censure if they refused to obey, they were by them excommunicated, and so of euerie man shunned, as men of all others most detestable. And yet is it most manifest that these Commonweales which I have spoken of, had their soueraignties divided one of them from another, the territories of their cities certainely bounded out, and every one of them their owne proper state and maiestie.

But it may also happen, that to become but one estate, one Commonweale, & one seignorie, when the partners of one league doe agree in the same soueraigntie: a thing not easie to be iudged; if a man looke not neere into it. As the league of the Achaeans

was not at the first but of three cities, divided in estate, assemblies, and soueraigntie; allies [*](The league of e Achaeans.) by alliance equal, both defensiue & offensiue: who hauing the same enemies & the same friends, yet at the beginning kept every one of them vnto themselves the maiesty of their owne citie. But being troubled with continuall warres, and enforced to hold their often assemblies, they by little and little became so straitly vnited together, that in fine they became but one Commonwealth composed of many: and in tract of time drew unto their estate all the townes and cities of Achaia and Morea, they all retaining still the first name of the Achaeans. As it happened unto them of the league, whome[*](Whereof the Swissers tooke their name.) they call Swissers; for that the canton of Schwits, the least of all the rest, was the first that reuolted, after that they had slaine their gouernor. And as the Achaians were called the correctors of tirants; so also the Swissers (to their great praise) carried this title of honour. The townes also of the kingdome of Naples, after the massacre of the Pithagorians, being much troubled, and not knowing unto whome to have recourse, cast themselves into the protection of the Achaians. But the author and meane of all these cities, to make one and the same Commonweale, was Aratus, who procured it to be decreed by the estates, That euerie yere one chiefe generall should bee chosen to commaund in their warres, and to gouerne their estates: and hee was prince of the Achaians, that is to say, the first that called together their assemblies. And whereas before euerie citie sent their ambassadours and deputies with instructions unto the assemblie of the Achaians (as the Swissers vse to doe) there to giue their voyces deliberatiue: Aratus brought to passe, that the assemblie of the ambassadours and deputies so sent, should make choyce of ten principall men, whome they called Demiurges, who alone had voices deliberatiue, and power to resolue, to determine, and decide matters of state: therest of the ambassadours and deputies hauing onely voyces consultatiue. These two points gained, there by little and little grew up an Aristocraticall Commonweale, in stead of diuers particular Monarchies, Aristocraties, and popular Seignories: many tyrants partly for loue, partly for feare, being drawne thereunto. Now all the spoyle of the enemies, and conquests made by the generals, were not any one cities, but belonged to them all. So that at length such was the vnion and consent of the confederats, that all the townes of Achaia and Morea being made subiect, vnited, and incorporat unto the state of the Achaians, used the same lawes, the same right, the same customes, the same religion, the same tongue, the same language, the same discipline, the same manners, the same money, the same weights and measures, as saith Polybius. The kings of Macedon entred also into this league; yea the two Philips, Antigonus, and Demetrius, were chosen chiefe captaines of the Achaians, holding neuerthelesse their realme seperated apart from the seignorie of the Achaians. And the Romans knowing well that they could not possibly conquer Greece, the league of the Achaeans standing whole, gaue commaundement unto Gallus their Proconsull, by all meanes possible to doe what he might to breake the same; which hee not in vaine attempted. For diuers cities complaining unto the states, that under colour of a league and alliance equall, they had taken from them the managing of their estate and soueraigntie; and assuring themselves of the aid of the Romans, reuolted from the communitie of the Achaians: to meet wherewith, and to stay the other cities from doing the like, Aratus obtained commission from the states to enforme against these rebels: after which the cities before reuolted, put themselves into the protection of the Romans; yet with prouiso, that their estate and soueraigntie should remaine unto them still. But when the power of the Romans seemed unto the rest of the Achaeans inuincible, they for the safegard of their libertie, entred into amitie with the Romans also; yet with condition, That the Lacedemonians, whome the Romans had in a manner drawne from the state of the Achaeans, should from thenceforth be under the protection and power of the Achaeans, except in case concerning the life or goods of a Lacedemonian citisen, wherewith the Achaeans might not meddle. Which was by the Romans most subtilly done: that so there might still be matter of perpetuall discord and civill warre betwixt the Lacedemonians and the Achaeans. For if the Lacedemonians had bene altogether in power of the Achaeans, they had with their wealth greatly augmented the strength of the associats: and on the other side if the Romans should have left them altogether free, it was to be feared least they should together with their wonted valour, have recouered their auntient Commonweale also. The like deceit they used also against the Aetolians, which was another estate and league divided from the[*](The league of the Aetolians.) Achaeans, composed of three cities, who had also their estate, assemblies, & soueraigntie divided; but in fine, following the example of the Achaeans, they of three Commonweals allied with alliance equall, both defensiue and offensiue, established one Aristocratical Commonweale, mannaged by the states of the three confederats, & by one common Senat, wherein was president one chiefe captaine every yeare chosen. The[*](The league of the Lycians.) like we may say of the three and twentie cities of Lycia, which established one Aristocraticall Commonweale, like unto that of the Achaeans; sauing that the deputies of the greater cities had in their generall assemblies three deliberatiue voices, the meaner citisens two, and the rest but one; as saith Strabo: and moreover out of the estates they chose a captaine generall, whome they called the Lyciarque, and so the other magistats and judges of all the cities also. Other alliances also and leagues there were of the thirteene [*](The league of the 13. Cities of Ionia. The 12. Cities of Tuscanie: and the 47. Cities of the Latines. ) cities of Ionia, of the twelue cities of Tuscanie, and of the fortie seuen cities of the Latines, strongly made by alliance equall, both defensiue and offensiue, holding their assemblies of their states euerie yeare, and chusing also sometimes (but not euer) a chiefe captaine or generall, especially in time of warre: and yet neuerthelesse the soueraigntie of euerie citie continued in the estate of it selfe, as doth the Swissers. For albeit that the citie of Rome was entred into league with the Latines, and that Seruius Tullius, and Tarquin the proud king of Rome, had bene chosen chiefe captaines of the league of the Latines; yet so it is neuerthelesse, that euerie citie kept still the assemblies and soueraigntie thereof: and yet the kings of Rome lost nothing thereby of their maiestie. Now it seemeth at the first show, that such leagues of cities were like unto those of the Achaeans: but the like thereof there is not one, except those of the Aetolians: and at this present the estate of the empire of the Germans, which we will in due place show to bee no monarchie, but a pure Aristocratie, composed of the princes of the empire, of the seuen electors, and the imperiall cities. Yet this is a thing common to all confederat cities, that in time of warre they have used to make one generall captaine, every yeare to be chosen, or els once for all. For as the seignorie of the Achaeans chose for their captaines the kings of Macedon, Antigonus, and Philip the second; and the league of the Aetolians made choice of Attalus king of Asia, as saith [*](Lib. 27.) Liuie; and likewise the Latines, of the kings of Rome, and other their neighbour princes▪ so also the electors have oftentimes chosen straunge princes, as Henrie of Lutzemburg, Alphonsus the tenth, and Charles the fift, kings of Castile; who although they were soueraignes in their owne realmes, were yet neuerthelesse subiects to the empires, as captaines[*](A General chosen by many Cities or States in League together, maketh not them that have so chosen him euer a what the more one Commonweale.) in chiefe. For as a captaine in chief, being not soueraigne to them that have chosen him, maketh not them of the league to be one Commonweale: so also he chaungeth in nothing the estate and vnion of the Commonweale whereunto hee is called. So Philip Valois the French king, was chosen generall of the ecclesiasticall forces, as we see in that league which was made betwixt Philip Valois, & Henry count Palatine, who was afterwards of the Germans chosen emperour. And not long since Adolphus vncle to the king of Denmarke, was chosen chiefe captaine of the league of the Hauns cities. The Venetians also as oft as they are to make warre, have used to make choyce of any straunge generall, rather than of a citisen of their owne. But the German emperours take upon them a stile of much higher qualitie than of Captains in chief, or Generall; auoching themselves not onely to bee cheife captaines and magistrats, but euen monarchs also: which whether it be so or no, we will in due place declare. They pretend also to have power to commaund not onely the princes of the empire, but euen them also who hold of them nothing. For it is not long since that the emperour Ferdinand sent his ambassadours unto the Swissers, to the end they should not receiue Grombach, nor the conspiratours his adherents, banished out of the empire: which thing, when the emperour seemed by his letters rather to commaund than to request; the Swissers (a free people) were therewith not a little moued. And before that also, Morlet Musa ambassadour for the French king unto the Swissers, certified the king, How that the gouernour of Milan (as hauing such charge from the emperour) had forbidden the cardinall of Syon to enter into league with the French king, for that hee was a prince of the empire: of which his commaund the cardinall made no great account, but without regard of his prohibition made alliance with the French king; from whome he receiued twelue hundred pounds pention yearly. True it is, that in all the leagues of the Swissers with forren princes, the empire is alwayes excepted, if there be not thereof expresse[*](The Swissers in all their leagues with forren Princes till exceps the Empire) mention made. And for that cause Guiche the kings ambassadour to the Swissers had thereof expresse charge (as I have seene by the instructions that were giuen him) to make mention of the emperour in the treatie of alliance, of the yere 1521. For the Germans grounded themselves upon a maxime, in vertie whereof the emperour Sigismund caused the Swissers to take up armes against Frederick of Austria, to the preiudice of the alliance made with the house of Austria: presupposing that the empire was superiour unto the Swissers, and that in all treaties of alliance, the right of the superiour is still to be excepted, although there be thereof no expresse mention made. Which is certaine, for as much as concerneth the lawes of maiestie; but the Swissers confesse not that the emperor hath any superioritie over them, and much lesse the emperour, subiect to the states of the empire. It is also true, that by the treatie made betwixt the eight auntient cantons, there is an expresse clause, whereby the cantons of Zurich, Berne, Schwits, and Vnderualden (as hauing sometime bene part of the German empire) declared, That for their part they entended to comprehend in that treatie the maiestie of the sacred empire, the right whereof they purposed not to preiudice by that treatie of alliance. And within a few yeares aftet, the cantons of Zurich, Berne, Lucerne, Vri, and Glaris, in the name of all the cantons of the Swissers, sent their ambassadours to obtaine the confirmation of their auntient priueledges, of Ferdinand, then holding a diet of the states of the empire, at Ausburg. And by the treaties of alliance made betwixt the sacred empire and the cities of the cantons, it is expresly articulated, That they should not giue any aid unto any straunge prince, to make warre upon the territorie of the empire; as I have learned by a copie of the letters of the emperour Charles the fift, written to the lords of the cantons; whereby hee complaineth, That their subiects ioyned with the forces of the French king, had entred upon the territories of the empire, contrarie to the expresse tenour of the alliance that they had with the empire. And not long after, he by other letters demandeth of the lords of the cantons to punish their subiects, who had inuaded the territories belonging to the house of Austria, contrarie to the hereditarie alliance made betwixt the princes of the house of Austria and the Swissers, in the yeare of Grace 1467, and renewed in the yere 1501, in which league, the See of Rome, the Pope, and the empire, are excepted: and a yerely pention set downe, of two hundred florins to be yeately paid unto every canton. Which alliance was againe renewed by the xiij cantons, at the diet of Bade holden the xx day of Iuly 1554. As for the league betwixt the said lords of the cantons, and the French king, it was onely a league defensiue, for the preseruation of the states of the allies, and not for the inuading of forreners: which are the true reasons for which the Swissers are withholden to inuade the territories of the empire, and of the house of Austria; and not for the right of any preheminence, or superioritie that the empire hath over them. Which is also yet more expresly verified by the treatie of alliance, renewed betwixt the French king and the lords of the cantons, in Iune 1549, out of which are excluded all such as are not subiect to the Swissers, nor vse not the German tongue. And that is it for which Charles the fift, the emperour, laboured by all meanes to make agreement with the Swissers, that the dukedome of Millan, with the kingdoms of Naples and Sicilie, might be comprised in the hereditarie treaties of alliance, made with them for the house Austria: which the Swissers ---latly refused to grant in the yere 1555. The same we may iudge of the cities of the Grisons, rent from the German empire, who sufficiently declared themselves to bee in nothing bound unto the edicts of the empire, or of the emperor; in that they would not accept euen of a German prince by the emperor appointed to be their bishop: but the 3 cities of the Grisons, being at variance among themselves, about the choice of their bishop▪ the Swissers by the authority of the league, taking upon them to be arbitrators of all controuersies arising betwixt the confederat cities, without any regard had to the prouision of the pope, or confirmation of the emperour appointed him to be bishop which was chosen by the Chapiter, subiect to the Grisons; and decreed, that from that time forward hee should be bishop whome the league of the Cadde should make choyce of.

Now seeing that our reasoning is of leagues, and of lawes of armes, question might[*](Not lawfull for subiects to entreat of any particular league or alliance among themselves, or with forren princes, without the leaue or consent of their own soueraignes.) be made, Whether it be lawfull for subiects to entreat of any particular league or alliance among themselves, or with other forren princes, without the leaue or consent of their owne soueraignes? Such alliances, and especially with strangers princes have used to embarre, for the euill consequences that might ensue thereon: and namely the king Catholike by expresse edicts hath forbidden all his subiects so to do. And at such time as Lewes of Fraunce, duke of Orleance (he which was slaine at Paris) was charge with many matters, nothing was more grieuously obiected against him beeing slaine, than that he had secretly entred into league with Henrie duke of Lancaster. Yet for all that the princes of the empire thinke it lawfull for them so to doe: and for their owne safetie to enter into league of alliance, both among themselves, and with other forren princes, so that it be done without the preiudice of the German empire. For whatsoeuer leagues are by them otherwise made, are void and of none effect. But when the empire is excepted, the emperour himselfe is not therefore excepted, as hath oftentimes but neuer more plainely bene vnderstood, than in the league which many of the German princes made with Henrie the second, the French king, at Chambort, for the defence of the German empire, against the emperour Charles the fift, in the yeare 1552. In which league they acknowledged king Henry for their superiour, promising curteously to reuerence his maiestie; and so by their common consent made him generall of their warres, calling him The Protectour of Princes, and of the libertie of the empire. And in the yeare 1559 the like alliance both defensiue and offensiue was made betwixt the king of Sweden, the marques Assemberg, the duke of Brunsuich, the duke of Cleue, the prince of Orange, the countie Aiguemont, and diuers other imperiall townes on the one part, and the king of Denmarke, the duke of Saxonie, the Landgraue of Hesse, the duke of Holste, the duke of Bauyere, the towne of Nuremberg, the

bishops of Wirciburg, and Bamberg the towne of Lubec, and diuers other, with Sigismund Augustus king of Polonia, on the other part. Yea the emperour Charles the fift himselfe made particular alliance with the duke of Bauaria, and other the catholike princes, to chuse his brother Ferdinand king of Romans. And a little after also the league of Franconia was made betwixt the house of Austria, the duke of Bauaria, the three bishops of Franconia, the archbishop of Salisburg, and the cities of Nuremberg and Ausberg. And Ferdinand also king of the Romans, for the catholike religion sake made a particular league with the bishop of Salisburg against the protestants, in the yeare 1556. Wee have seene also the league which was called The league of Sueuia, to have made alliance offensiue and defensiue for 40 yeares, without excepting any thing sa---e the empire. And the like league also betwixt the Sea townes, which they cal the Vandales, that is to wit, Lubech, Hambourg, Vimare, Rostoc, Bresme, Suid, imperiall townes, chusing for their chiefe captaine Adolph vncle to the king of Denmarke, who was not any way subiect to the empire. Yet in all these leagues was euer excepted the maiestie of the German empire. Yea that more is, the nobilitie of Denmarke entred into a league defensiue with Sigismund Augustus king of Polonia, & the towne[*](A foule and rebellious league of subiects against their prince.) of Luec, against the king of Denmarke himselfe: greater treason than which none could have bene deuised, if the king of Denmarke had the highest power over his people, and were an absolute soueraigne: of which matter, and of all the law of armes wee will in due place reason: but first it behoueth vs to speake of maiestie, or Soueraigntie.