The six books of a common-weale

THis treatie depends of the former, the which ought not to be omitted, seeing that neither lawyer nor polititian hath euer handled it: and yet there is nothing in all affaires of state that doth more trouble Princes and Commonweales, then to assure the treaties which they make one with an other, be it betwixt friends or enemies, with those that be newters, or with subiects. Some assure themselves upon their simple faith mutuallie giuen, others demaund hostages, and many require some places of strength: some there are which rest not satisfied if they disarme not the vanquished for their better assurance, but that which hath been held the strongest assurance, is, when it is confirmed by alliance and neerenes of bloud. And euen as there is a difference betwixt friends and enemies, the conquerours and the conquered, those that are equall in power and the weake, the prince and the subiect, so in like sort their treaties must be diuers, and their assurances diuers. But this maxime holds generall and vndoubted, that in all kinds of treaties there is no greater assurance then that the clauses and conditions inserted in the treaties be fit and sortable for the parties, and agreeing with the subiect that is treated of. There was neuer any thing more true then the aduice[*](Plantius Consul, pud li. 8) of that Consull which said in open Senat, Neminem populum diutiùs ea conditione esse posse, cuius eum poeniteat, No people can continue long in that estate whereof they are wearie. The question was touching the Priuernates whom the Romans had vanquished, for that they had broken the league, they demanded of their Ambassador what punishment they had deserued? The paines, answered he, of such as should live in libertie. Then the Consull replied, If we pardon you, shall we be assured of a peace?

the Ambassador answered, Si bonam dederitis, & fidam & perpetuam, sin malam haud diuturnam: If you giue vs a good peace, you shall haue it kept faithfullie and perpetually; if a bad one, it shall be soone broken. The yonger Senators found these answers too proud and haughtie, but the wiser sort said▪ That this people which contended only for their libertie deserued to be made citisens of Rome, else they would neuer be good subiects, nor trustie friends: and according to this aduice the decree of the Senat did passe in force of a priuiledge, and was confirmed by the people; and yet had they yeelded themselves to the mercie of the Romans, as all the other cities of the Latins their allies had done, who had conspired against the Romains. The assurance which the antient Romans tooke of those whom they would make ubiect after they had vanquished them, was to seaze upon all their places of strength, to put in garrisons, to receiue hostages, and to disarme the vanquished. Mos autem, inquit Liuius, Romanis vetustus erat, cum quo nec foedere nec aequis legibus iungeretur ---, non prius Imperio in eum tanquam pacatum vti, quam omnia diuina humanaque dedid---sset, obsides accepti arma adempta, praesidia vrbibus imposita forent: It was an antient custome among the Romans towards those with whom they had not ioyned in league, nor contracted friendship upon equall ---earmes; neuer to gouerne them peaceably, vntill they had yeelded up all, delivered hostages, disarmed them, and put garrisons into their townes. For we may not thinke euer to keepe that people in subiection which hath alwayes lived[*](A free people i neuer kept in subiction, vnlesse they e disarmed.) in libertie, if they be not disarmed. To take away part of their libertie, is to incense them more, than if they were wholie subiected: as Lewis the 12 did unto the Geneuois, who had put themselves under his protection when they were in danger, which being past, they reuolted, and allied themselves unto his enemies; against whom he went in person, besieged them, and forced them to yeeld; then he condemned them in two hundred thousand crownes, putting a strong garrison into their fort called the Lanterne; yet he suffered them to live after their owne lawes and with their old magistrates, taking[*](A Popular estat must either be wholly subiected, or set at free libertie.) only from them the stamp of their coine. It had been farre better either to have made them good subiects, or to haue restored them to their perfect libertie: for king Lewis the 11 to whom they had giuen themselves, made answere, That he gaue them vnto the diuell▪ refusing to receiue a yearely pension for the protection of such dis---oyall allies, who had reuolted from king Charles the 6, hauing --- them into his protection to defend them against the Venetians. And the Earles of Sauoy receiued those of Berne into their protection, beeing opprest by the lords of Bourdorg; but the feare being past, they desired nothing more than to be freed from their protection, the which the Earle willinglie granted, chusing rather to have faithfull fellowes, than faithlesse allies. But king Francis the first in my opinion committed a greater error, who refused two hundred thousand crownes in his necessitie, the which the Geneuois offred him to be freed from his protection, giuing him to vnderstand that upon the first occasion they would reuolt, as they did after the battaile of Pauia, and afterwards expelled the garrison which remained in their fort, and razed it to the ground: he should either have ---ade them faithfull and free confederats, being tied together by an equall league; or els have made them subiects, and so have taken from them the government of their estate.

But some one will say, that it is a breach of faith to infringe the treaties, and to change the protection into a soueraignetie. I answere, that it is and alwayes shall be lawfull for the Patron to make himselfe absolute lord, if the client be disloyall. We read that Augustus made those people subiect which had abused their libertie. And therefore king Charles the 9 (hauing discouered the secret practises of the Spaniards with the inhabitants of Thoul, Metz, and Verdun) was inforced somewhat to restraine

their liberties, for in all treaties of protection there is an expresse clause, That those which are in protection shall retaine their estate and soueraigntie: but there is no great assurance if the Protector holds his clients forts, for that he may make them subiect when he pleaseth. Who knowes not that the cities of Constance, Vtrech,[*](Imperiall made▪ subiect under colour of protection.) Cambray, Vienna in Austria, and many others which have put themselves in the protection of the house of Austria, have now lost their liberties. The kingdome of Hongarie hath runne the same fortune: for after the death of king Ihon, the estates of the countrie sent Ambassadours to the Turke to receiue their yong king and the realme into his protection, fearing least Ferdinand should make himselfe lord thereof, pretending the realme to belong unto him by vertue of certaine treaties made betwixt the house of Austria, and the kings of Hongarie; but those treaties had no sure ground, for the realme being electiue, the king could not take this prerogative from the people without their consent: and if the house of Austria lying so neere and being so famous for their glorious deeds, had made offer of any one of their princes to have bin chosen, they had caried it without any difficultie; but the estates had rather make choise of Mathew Coruin for their king, than to lose the right of election: and although that the new king and the estates of the countrie did ratifie the former treaties with the house of Austria, yet were they not kept, for that they seemed to be made by force against all law and reason, wherefore they did chuse rather to put themselves under the Turks[*](Hungary mad subiect under shadow of protection.) protection; who soone after made himselfe absolute lord, knowing well that Ferdinand would carrie it, who notwithstanding had some part, but he was forced to agree with the Turke, paying yeerely a good summe of money, which the Emperour tearmes a Pension, & the Turke a Tribute, vanting that the Emperor is his Tributarie. But there is a great difference betwixt a pensionar and a tributarie, for tribute is paied by the subiect, or by him who to inioy his libertie paies that which is promised unto him which hath forced him thereunto. A pension is voluntarily giuen by him that is in protection,[*](The difference betwixt tribute and pension.) or by him that is equall in a treatie of alliance to haue peace, and to withhold the pensionar from ioyning with his enemies, or to haue succours when he shall require them; as in the treaties of equall league betwixt the kings of France, and the Cantons of the Swissers, upon that condition that our kings might at their pleasures leauie an armie[*](Why the king of France gaue pension unto the Swissers.) of Swissers for the defence of this realme, and should likewise help them against the incursions of their enemies: and for that it was needfull to make many leuies of Swissers for the guard of this crowne: fearing also least the enemies thereof should draw them from the societie of the French, our kings have willingly graunted a thousand crownes yearely pension to every Canton, notwithstanding that king Francis the first, three yeares before the treatie, had gotten of the Swissers at Marignan one of the goodlyest victories that euer Prince obtayned. And although we have sayd, That protection rightlie was that, when as one takes the defence of an other freely without any reward, for that the mightie are bound to defend the weake against the iniuries of their enemies: yet for the assurance of treaties and protections, they vse[*](The mighty are bound to defend the weake.) to receiue a pension from him that puts himselfe into protection, to the end that the Protector beeing bound not onely by his oath, but also in receiuing a pension, should bee more readie to succour his adherent a need. This was held by the Antients, against the honor and maiestie of the Empire: but since that, they have confounded honestie with profit, they have begun to make marchandise of protection; whereof Saluian of Marseilles doth greatlie complayne, saying, That the weake putting themselves in the protection of the mightie, giue all they have to be protected. It is well knowne that they of Luques, Parma, Sienna, and manie others, pay great pensions to be protected: And oftentimes a pension is payed to the protector, not so much to warrant him from his enemies, as from the protector himselfe: as it happened after the battaile of Pauia, all the potentates of Italie turned their vowes to the Spanyard, and to free themselves from inuasion, they put themselves into their protection. Amongst others the Luquois payed unto the Emperour Charles the fift, tenne thousand ducates▪ the Siennois fifteene thousand, and the duke of Ferrare fifteene thousand, the which he paied to the Viceroy of Naples, vnder colour of lending, without hope of restitution, being in the protection[*](It is dishonourable to abandon him you have taken into protection.) of the French. But it is shamefull and dishonourable, to take into protection, to receiue a pension, and to abandon the client in his great need. Not long since Sigismund Augustus king of Poland had taken the protection of the inhabitants of Lifland, against the king of Moscouia: but hauing made a league with the Moscouite, he is not onely said to have abandoned his clients, but to haue betrayed them unto their enemie. But if he that is in protection as a soueraigne, and in subiection as a vassall and subiect, demaunds aid of his protector, he hath double reason to defend him, especially if they attempt any thing against his honour and person: as it happened in the yeare 1563, in the Moneth of March, when as the Inquisition at Rome sent out a Citation[*](By the commandement of pope Pius the fift.) against the queene of Nauarre, to appeare personally at Rome within six moneths, and not by any procurator, upon paine of confiscation of all her goods, estates, and seigneuries. King Charles the ninth tooke her into his protection, saying, That she was neerely allied unto him in blood, that she was a widow, and tied to the house of Fraunce, a vassall and subiect unto the king; and that by treaties of popes, and generall councels she might not be drawne out of the realm for what cause soeuer: seeing that pope Clement the seuenth sent two cardinals into England, to heare king Henrie the eight, touching the --- betwixt him and Katherine of Spaine. And for that the Citation and threat made unto such a princesse, toucht his honour and the estates, the king of France did aduertise all his neighbour princes and allies, by his ambassadors, giuing the popes legat to vnderstand, That his maister should not take it ill, if hee did punish those that were the cause of this enterprise: as Lewis the young did in the like case to Thibaud earle of Champagne, who had caused the earle of Vermandois to be censured by the pope: intreating the pope moreouer, to reuoke his sentences giuen as well by himselfe, as by his deputies: else he should not hold it strange if hee used the meanes which had bene accustomed in like cases.

But it falls out oft, that those which are receiued into protection, after the daunger is past, make warre against their protectour: We have many examples, and without further search, in our memorie we have seene many princes of Germany cast themselves[*](The Duke of Saxonie.) into the protection of king Henrie the second, to be freed from the captiuitie and slauery[*](The Lantgraue of Hesse.) which did threaten them: the king receiued them into protection, and in stead of[*](The Marquesse of Brandebourg.) taking any pension, he gaue them two hundred thousand crownes towards their wars, and leuied an armie of threescore thousand men at his owne charge for the libertie of the empire. And although by the 34 article of the treatie of Protection, it was concluded, That the confederat princes should suffer the king to seize upon the imperiall townes, speaking French, yet the emperour was no sooner chased away, & the empire restored to her former beautie, by meanes of the French, but the chiefe of the confederats and adherents, forsooke the kings protection: and which is more, tooke armes against their protectour. And at an imperiall diet, held in the yere 1565, it was decreed, To send an ambassage into Fraunce, to demaund those three imperiall townes which are in the protection of France, Thoul, Verdun, and Metz, although that Verdun hath for these hundred and sixtie yeares bene in the protection of Fraunce, paying thirtie pound starling onely for a yearely pension. But this imperiall decree tooke no effect,

and the king was aduertised by letters of the first of December 1559, from a pensioner of his, That the estates of the empire would be wel pleased, to have the king hold those townes of the empire, doing homage for them: which shewed, that he held not these[*](Those which are in protection have need of greater securiti than the protector.) townes but upon good and iust considerations. And for that the protectour cannot be inuaded by him that is in protection, being alwayes the weaker: those which put themselves into protection, have need of greater securitie than the protectors, least under a colour of patronage they loose their liberties.

Some one may obiect, That it is an absurd thing to demaund securitie of the protector, seeing that the client puts himselfe in his protection: and by an auntient decree of the court of parliament, the vassal demaunding securitie against his lord, was reiected. But the deceit and treacherie of man hath so farre extended, as the wisest have held it necessarie to succor the vassall against the violence of his patron, whom the soueraigne prince shall take into his safegard, if there be iust cause: with greater reason the client is to seeke all the securitie that may be from the protector. The first assurance depends[*](The assurance of the league of protection.) upon reasonable conditions annexed unto the treatie: the second of the letters of protection, which the protector must deliver unto the clients, to testifie, That all the rights of soueraigntie and maiestie remaine absolute unto the client: and this is to be done in Monarchies, at the comming of a new prince: for the protection is dissolued by the death of the client, as well as of the patron: neither is the succession tied unto the protection. And therefore the inhabitants of Mets, after the death of Henry the second, demaunded to have new letters of protection from Charles his sonne: not for that they should be more safe from their enemies, but to shew that they were not in subiection, the which is generall in all treaties made betwixt princes, and it hath beene alwayes obserued, to renew leagues and alliances, which else should be dissolued ---y death. So Perseus king of Macedon, after the death of his father, sent an ambassage to the Senat of Rome, to renew the league they had with his father, and to the end he might be called king by the Senat. But when as the Senat offered to renew the same conditions of the league which they had with Philip his father, Perseus refused them, saying, That the treatie made with his father, did nothing concerne him: and if they would contract a new league, they must first agree upon the conditions. So Henrie the seuenth, king of England hauing receiued the duke of Suffolke from the Archduke Philip, father unto [*](A league made with the father binds not the sonne.) the emperour Charles the fift, upon condition, That he should not put him to death, he kept his faith; but he being dead, his sonne Henry the eight caused his head to bee cut off, saying, That he was not tied unto the treatie which his father had made.

But for that protections are more daungerous for the adherents or clients, than all other treaties, it is needfull to have greater securitie: for oft times wee see, that for want of securitie the protection is chaunged into a seigneurie. And sometimes hee thinkes himselfe well assured, that makes the wolfe the keeper of his flocke. And therefore protections must be limited to a certaine time, especially in Popular and Aristocraticall estates, which neuer die. And therefore the inhabitants of Geneua hauing put themselves in the protection of them of Berne, would not have the protection continue aboue thirtie yeares, the which did expire in the yeare 1558, and then the Geneuois made an equall league with the Bernois, the which was not without great difficultie, being almost brought into subiection, by the practises of some citisens that were executed. Since the first impression of these books, a Printer of Geneua put them suddenly to the presse, making an aduertisement in the beginning, wherein hee doth controll some places: but he deserues to be punished by the Seigneurie: First, for that hee hath attempted against another mans workes, who hath spoken as honourably of Geneua, as of any Commonweale whatsoeuer. Secondly, for that he hath infringed the ordinances

of the Seigneurie of Geneua, published the fift of Iune, 1559: whereby it is expresly defended, To make any inuectiue against such authors as are set forth. For if the author deserued any reproachfull words from the Printer, he should not have printed them, and much lesse set them to sale. But as for his reprehensions all men of iudgement have esteemed them as they deserue. And heretofore this good Printer hath bene aunswered, who maintaines, That it is lawfull for the subiect to kil his prince, kindling by this meanes the fire of sedition and rebellion in all places. And whereas hee saith, That Geneua hath not bene in the protection of Berne, the author refers himselfe unto the treatie that was made in the yeare 1536. But the fault growes, for that they knew not what protection was, which our auntient treaties call Auouoison, and in Latine Aduocatio. The like may be said of Rotuille, and of Mulhouse, which are allied with the Cantons of the Swissers, but it is an alliance of protection. As in like case the abbat and towne of Saint Gall, which are also allied, but yet in the protection of Zurich, Lucerne, Swits, and Glaris, as I have seene by the treaties which the abbat of Orbez, (hauing remained long ambassedour in Swisserland) imparted vnto me from the first unto the last: those of Valdaost, were in like daunger to them of Geneua, for the Valoisians would have made them subiect, under a colour of protection, in the yeare 1559, if the king of Fraunce bad not defended them. And euen as the vassall is freed from the fealtie and homage which he oweth unto his lord, if hee bee ill intreated by him, as it was adiudged by the court of parliament, for the lady of Raiz against the duke of Brittaine: in like sort the client is exempt from the power of the [*](The client is freed from the protection, if the protector make any brach.) protector, if he doth infringe and breake the lawes of protection. But the chiefest caution and assurance, is, when as the protector is not ceised of the places of strength, nor hath not any garrisons in his clients townes. There is nothing more true, than what was spoken by Brutus the Tribune of the people, unto the nobilitie of Rome, That there was one onely assurance for the weake against the mightie, which was, That if the mightie would, they could not hurt them: for that ambitious men that have power over another, neuer want will. And therefore it was wisely prouided by the Scots, when as they came into the protection of the English, made in the yeare 1559, That the queene of England, who tooke their protection, should giue hostages, the which should be chaunged every six moneths: and that she should not build any forts in Scotland, but with the consent of the Scottish men. Wherein the Athenians did erre, who hauing put themselves first into the protection of Antipater, then of Cassander, of Ptolomey, and in the end of Demetrius the Besieger, they suffered their protectors to seize upon their forts, and to put in garrisons, who presently made themselves soueraigne lords. The which Demosthenes had well and wisely foreseene, when as one commended unto him the mildnesse and courtesie of Antipater: hee aunswered, Wee desire no lord and maister, how mild and gratious soeuer: and him did Antipater pursue euen into Italie, and slue him. But the Athenians were circumuented by the same fraud as they had done their associats: For the Persians being expelled out of Greece, all the cities of Greece made an equall league, for the defence of their estates and liberties, concluding, That they should have one common treasurie in Apolloes temple, whither all the associats should yearely bring their money, that an account might bee giuen of the receits and expences by a common consent. Euerie citie sent ambassadours for the swearing of their league: Aristides surnamed the Iust, came for the Athenians, who after solemne sacrifice, did cast peeces of burning yron into the sea, calling heauen and earth, and all their gods, to witnesse, and saying, As this fire is quencht in the water, so let them suddenly perish, that shall breake their faith. But the Athenians seeing the[*](The league broken by the raud of the Athenians) common treasure great, fortified their citie ports, & passages therewith, and made prouision of nauie, ships, & gallies well armed. And then finding themselves the stronger, they changed the equal league into protection, & protection into subiection. So as the[*](The cities of Greece subiected under colour of alliance.) appellations of all the confederat cities came unto Athens; as we read in Xenophon, & all charges and impositions were taxed by the Athenians, who had freed themselves from all imposts: the which chanced for that the Athenians trained their subiects up in arms, at their confederats costs. And so did the Lacedemonians to all their confederats, whom under colour of an equall league, they imperiously forced to obey: for that for the most part they were all mechanike people. And contrariwise in Lacedemon there was not any Spartan that was an Artisan, being against Licurgus his lawes: so as the citie of Sparta was farre more mightie, and held in a manner all their other allies in subiection; as we read in Plutarch. We see that the Latines fell almost into the like difficultie, after that they had made an equall league with the Romans, against whom they tooke armes: for that the Romans commaunded them imperiously as their subiects: whereof Setin captaine of the Latines complained, saying, Sub vmbra foederis aequi seruitutem patimur, We are (saith he) slaues unto the Romans, under colour of an equall league. And a little after, Consilia populorum Latinorum habita, responsumque non ambiguum imperantibus milites Romanis datum, absisterent imperare ijs, quorum auxilio egerent: Latinos pro sua libertate potius quam pro alieno imperio arma laturos, The Latines hauing held a councell, and giuen a plaine aunswere to the Romans which commaunded the souldiours, they wished them to forbeare to commaund them whose aid they needed: the Latines would rather take arms for their owne liberties, than for anothers rule and empire. We read, that Licortas captaine generall of the Acheans, used the like complaints to Appius the Consull, after that the Acheans had treated an equall league with the Romans, Foedus Romanorum cum Acheis specie quidem aequum esse: re precariam libertatem, ---pud Romanos etiam imperium esse, The league which the Romans have with the Acheans, in shew it is equall, but in effect it is an intreated libertie, and with the Romans it is emperie or absolute command. For the same cause the Samnites made warre against the Romans, renouncing their league: for that under a colour of societie, they would commaund absolutely over them. And for the same reason the cities of Italie allied unto the Romans by an equall league, reuolted from their alliance for that the Romans drew from them an infinit succour of men and money, so that in [*](The cause of the sociall warre.) all their warres they had two of their allies for one Roman, and by that meanes conquered the greatest empire that euer was, and yet their associats had no part of the conquest, but some pillage, after that the Romans had taken what they pleased: which[*](. 56.) was the cause of the confederats warre in Italie, the which had no end, vntill that the allies were made citisens of Rome, to have part of honours and offices. And yet what equall league soeuer the Romans made, they were still the stronger, & held their allies as it were in subiection. How imperiously the Romans behaued themselves towards their confederats, the speech of the Consull Appius unto the Generall of the Acheans, contending for the libertie of the Lacedemonians, is a sufficient testimonie, saying, Dum liceret voluntate sua facere gratiam inirent, ne mox inuiti & coacti facerent, Whilest they might do it of their owne free will, they should deserue thankes; else they should be soone forced thereunto against their wills. And in the treatie made with the Aetolians (to whome they would not graunt any peace, vnlesse they submitted themselves wholly unto their mercie) there are these words, Imperium maiestatemque populi Romanor---m gens Aetolorum conseruato sine dolo malo; hostes eosdem habeto quos populus Romanus, armaque in eos ferto: & bellum pariter gerito, obsides arbitrio Consulis 40, & talenta --- dato, You Aetolians shall maintaine the empire and maiestie of the people o--- Rome, without any fraud or guile, their enemies shall be yours, you shall carry arms, and make warre against them with the people of Rome: you shall giue fortie hostages at the Consuls discretion, and fiftie talents. They left them the free government of the state, but with such conditions, as they were little better than subiects; hauing vnfurnished them of men and money, and taken the best amongst them for hostages. These words of the league, Maiestatem Romanorum conseruato, Maintaine the maiestie of the Romans; shewes, that the league betwixt the Romans and the Aetolians was vnequall, and that the one did respect the maiestie of the other with all honour. And although the Romans gaue lawes unto the Aetolians, yet they did enioy their estate and soueraigntie: as they did in all Greece, which they freed from the power of the kings of Macedon. And after that they had vanquished and taken Perseus king of Macedon, they freed all the people, and discharged them of the moitie of their imposts, suffering them to gouerne their owne estates: and for their better assurance, they commaunded upon paine of death, That all Gouernours, Captaines, Lieutenants, Presidents, Councellours of state, Gentlemen in ordinarie, and euen the kings Pages and Footmen (qui seruire regibus humiliter alijs superbe imperare consueuerunt, Which had beene accustomed to serue their kings humbly, and to commaund others imperiously) to depart out of Macedon, and to passe into Italy. And not content therewith, they divided Macedon into foure prouinces, forbidding upon paine of death, That the one should have no accesse, communication, traffique, commerce, nor alliance of marriage, with another: and moreouer, that the moitie of those charges which were paid to the king, should be carried yearely into the treasurie of Rome. And so the people of Macedonie [*](Macedonie made tributarie to the Romans.) receiued a law from the victor, and remained tributaries, yet they enioyed the government of their estates. The Consull Mummius used the like policie, hauing subiected the estate of Achaia, he rased Corinth, and abolished the societies & communalties of Greece; yet he suffered the free people to enioy their laws and magistrats, easing them of part of their tributes: the which was a subtill meanes to draw unto the amitie of the Romans all the people which had bene held in slauish subiection, and to make tyrants to tremble, or at the least to force soueraigne kings and princes to gouerne their subiects iustly, seeing that the prize and reward of the Romans victorie, was the liberty[*](The of the Romans victories) of people, and ruine of tyrants. Whereby they reaped the greatest honour that men might in this world, To be iust and wise.

It is also a double wrong which the lord receiues from his subiect, hauing put himselfe in the protection of another, and from him that hath receiued him, if hee hold not of him by fealtie and homage, or hath some liuing in the protectors countrey. And for that Charles of Lorraine bishop of Metz, put himselfe into the protection of the empire, and obtained a safegard for him and his, of all that which he held in the country of Messin, in the yeare 1565, the king of Fraunce his lieutenant opposed himselfe to the publication of this safegard: whereby he (hauing recourse unto the empire) brought in question his obedience due unto his prince, the protection of Metz, & his kings right. And yet many princes receiue all that seeke it, without discretion, the which is the cause of many inconueniences, if the protection be not iust. It is a dangerous thing to vndertake the protection of another prince, but it is more dangerous to vndergoe it without a iust cause, being the chiefe subiect of all wars, & the ruine of cities and kingdoms, when as subiects fall from the obedience of their naturall prince, to obey another. And generally all treaties of alliance made with a prince or warlike people, draw after them a subiection and necessitie to take armes alwayes for his succour, and to run the same fortune: as the Romans confederats, who by their treaties were bound to furnish men and money for their succours, and all the profit and honour of the conquests came unto the Romans. They make no such treaties at this day, yet the victor prescribes a law

unto the vanquished. And therefore many have bene of opinion, That it was expedient [*](Neutralitie is sometimes profitable.) for a prince to be a Neuter, and not to meddle with any other princes warres: the chief reason is, That the losse is common, but the fruit of the victorie is his only whose quarrell they maintaine; besides, he must declare himselfe an enemie to those princes which have not wronged him: but he that shall stand indifferent, is oftentimes a means to reconcile enemies: and maintaining himselfe in the loue of them all, hee shall reape thanks and honour of euerie side. And if all princes be in league one against another, who shal mediat a peace? Moreover it seems there is no better meanes to maintaine the greatnes of an estate, than to see the neighbor princes ruine one another. For the greatnes of a prince (to speake properly) is nothing els but the ruine & fall of his neighbors:[*](How a prince maintaines his greatnesse.) & his strength is no other thing, but the weaknesse of another. And therfore Flaminius said unto the Consull Attilius, intending to ruine the citie of the Aetolians, That it was not so expedient to weaken the Aetolians, as to oppose against the greatnesse of young Philip king of Macedon. These reasons may helpe them that defend neutralitie: but it seemes they are subiect to greater inconueniences. First in matter of state it is a maxime, That he must either be the stronger, or of the stronger faction (and this rule doth not admit many exceptions, be it in the selfe same Commonweale, or among[*](Neutralitie is many times dangerous.) sundrie princes) els hee must alwayes remaine a prey at the victors discretion: as the Roman ambassadour said unto the Acheans, whome Antiochus king of Persia persuaded, That they would remaine neuters betwixt him and the Romans. And it seemes, that whosoeuer will maintaine himselfe, must of necessitie bee a friend or an enemie. Whereof we have an example in Lewes the eleuenth, king of Fraunce, against whom they made warre of all sides, so long as he continued a newter: but after that he had allied the Swissers more strictly among thēselues, & the citie of Strausbourg with them, and that he had entred into that league, neuer any enemies durst assault him, (as Philip de Commines saith:) for neutralitie, Neque amicos parat, neque inimicos tollit, It neither[*](Liuius lib. 5.) purchaseth friends, nor takes away enemies: as an auntient captaine of the Samnites said. And the like conclusion was made among the estates of the Aetolians, by Aristemus their Generall, saying, Romanos aut socios habere oportet, aut hostes, media via nulla est, We must have the Romans either confederats or enemies, there is no meane. We[*](Neutralitie is oftentimes the ruine of princes.) have infinit examples in al histories: Ferdinand king of Aragon found no better means to pull the kingdome of Nauarre from Peter of Albret, than in persuading him to bee a neuter betwixt him and the king of Fraunce, that hee might bee abandoned at need. And the inhabitants of Iabes remaining neuters, and not ingaging themselves in the warre which the people of Israel made against the tribe of Beniamin, they were all slaine, and their townes rased. As also the Thebans fell into great daunger, being neuters, when as king Xerxes came into Greece. As in the like case the towne of Lays in Soria, was surprised, spoiled, sacked, and burnt, by a small troupe of the tribe of Dan: for that (as the historie saith) they were not in league with any soueraigne prince[*](Iud. c. 18.) or state. And without any further search, the Florentines after they had left the alliance of the house of Fraunce, refusing to enter into league with the pope, the emperor, the king of England, and the king of Spaine, against the king of Fraunce, they soone felt the fruits of their neutralitie.

But it were an vniust thing, will some one say, to ioyne in league against France, with whom they had been so strictly conioyned: I confesse it, so should they not have left it at need as they did; for the league is not only broken if thou beest an enemie to my associates, or if thou ioynest with my enemies, but also if for feare thou doest abandon thy associates, being bound by the league to succour them; as a Roman Ambassador said, Sisocios meos pro hostibus habeas, aut cum hostibus te coniungas, If thou takest

my associates for thine enemies, or ioynest with mine enemies. Yet some may say, that neutralitie may well be granted with the consent of other princes, which seemeth to be the best support without any feare of the victors. The estates of Lorraine, Bourgongue and Sauoy have maintained themselves in a free peace, so long as they had an alliance of tranquilitie, but after that the Duke of Sauoy had once vnited himselfe to the Spanish faction, he was expelled his countrie by the french. But there is a great difference to be a neuter without the friendship either of the one or the other, and a neuter allied[*](The difference of neutralities.) to both parties, and these are farre more assured, than if they were enemies to both factions: for they are free from the victors inuasion, and if there be any treatie of peace betwixt both parties, they are comprehended of either side. And if neutralitie be commendable in that manner, as I have said, it is farre more commendable in a Prince that doth exceede all others in power and dignitie, that he may have the honor to be the vmper and moderator; as it happens alwaies, that quarrels betwixt Princes are decided by friends that stand indifferent, and especially by those which exceede the rest in power and greatnes, as heretofore many Popes which knew well how to mainetaine their ranke, and reconcile Christian Princes, have reaped honor, thanks, and assurance[*](In what case one should be neuter) for their persons and estates, and those which have followed either the one or the other partie, have drawne after them the ruine of other Princes. It was thought very strange in Spaine that Pope Alexander the 6 a naturall Spanyard, should enter into league with Lewis the 12, king of France against the Spanyards; and when as the Spanyards had the better in Italie, he told the french Ambassador that he would remaine a neuter, and be a common father to both parties, but it was too late now to make a shew to quench that fier which he himselfe had kindled. As in the like case the Duke of Alua Viceroy of Naples being aduertised of a request made by the Procurator of the chamber of Rome against the Emperour, touching the confiscation and reunion of the realme of Naples to the reuenues of S. Peter, he did write vnto Pope Theatin, who had entred into league with the house of France, that he should remaine as neuter for the dignitie which he had aboue all other Christian Princes, but the truce being broken, the armies in field, and their ensignes displayed, the end was miserable, for the Pope renounced the league, leauing the french in their greatest neede, and it was concluded by a treatie which he made with the Spanyard that he should continue newter. Neuer was the hatred of any Prince so pernitious unto his enemie, as the favour of Theatin was then unto the french, without the which they had not bin reduced to such extremitie, as in one day to lose all they had conquered in thirtie yeares. It is more strange, for that the memory is more fresh of the like errors committed by pope Clement the 7, fauoring one of these princes against the aduice of Lewis Canosa his Ambassador, who aduertised him by letters written out of France, that the greatnes and suertie of his estate was to shew himselfe a neuter: so soone after he see himselfe prisoner to the imperials and the citie of Rome sackt after a strange manner, and both himselfe and his Cardinals ransomed at the victors discretion. I enter not into the worthines of the fact, neither is it in question to know who deserued most favour, but only, that hee which alone may be iudge and moderator of honor, should neuer make himselfe a partie, although he were assured that he should incurre no danger, much more when his estate is in question, and that he can have no securitie but hazard by the victorie. There are others who to win favour of all sides forbids their subiects by publike proclamations to giue ayde or succour to the enemies of their associates, and yet vnderhand they suffer them to passe, yea sometimes they send them, so did the Aetolians, saith Titus Liuius, Qui iuuentutem aduersus suos socios, publica tantum auctoritate dempta, militare sinunt, & contrariae saepè acies in vtra{que} parte Aetolica auxilia habent, Which suffer there your yong men vnderhand to goe to warre against their owne confederates, [*](Allies are someimes dangerous.) and oftentimes troupes of Aetolians are seene in either armie. Such allies are more dangerous than enemies. But it may be some one will say that it is dangerous to suffer a Prince so to increase in power as he may giue law unto the rest, and inuade their estates when he pleaseth. It is true, and there is no greater occasion then that, to induce a neuter to seeke by all meanes to hinder him; for the suretie of Princes and Commonweales consists in the equall counterpeeze of power. So when as the Romans made warre against king Perseus, some fauored the king, others supported the Romans, Tertia pars (said Titus Liuius) optima eadem & prudentissima, si vtique optio domini potioris daretur, sub Romanis quàm sub Rege esse mallebat: si liberum inde arbitrium neutram partem vole bat altera oppressa fieri potentiorem: it a inter vtrosque conditionem ciuitatum optimam fore, protegente semper altero inopem ab alterius iniuria, & illihatis vtriusque partis viribus parem esse: A third part, saith Titus Liuius being the best and the wisest, if they were to make choise of their lord, had rather subiect themselves unto the Romans than under the king, but if they might have their free will, they would have neither of them superior, with the ruine of the other, so as betwixt both the cities should be secure, the one alwayes protecting the weake from the iniuries of the other, and they both should remaine equall, their forces being not impaired: So as the wisest have held opinion, that there was nothing better for the suretie of estates, then to haue the power of great Princes as equall as might be; yet those which were of this opinion, when as the Romans and Macedonians were in warre, remained neuters, although they were tyed to the power of the Romans, and to the king of Macedon, and it succeeded well for them: for there is a difference in wishing the parties to be equall, and in making himselfe a partisan. It is therefore commendable for the greatest[*](It is honourable for great princes to be neuters.) and mightiest Princes to remaine neuters, although it be not so concluded betwixt other Princes, as I have said before. And this is necessarie for the common good of all Princes and States, which cannot be reconciled but by their common allies, or by them that are neuters. But those that be neuters do many times kindle the fier in stead of quenching it; the which may be excusable, if the preseruation of their estate depends upon the warre which they entertaine betwixt others; but it can hardly be concealed, and the matter once discouered, the parties most commonly agree to fall upon their common enemie, as it happened to the Venetians, who were alwayes wont to sow diuision among their neighbours, and to fish in a troubled water. Lewis the twelfth discouering it, he allied himselfe with all the other Princes, and then they all iointly made a[*](A generall league against the Venetians.) league against the Venetians, who were reduced to that extremitie, as they yeelded Creme, Bresse, Bergame, Cremona, and Guiradadde, being members of the Duchie of Milan, unto the french king, and to the Pope Fauence, Rimini, Rauenne, and Ceruie, being of the patrimonie of S. Peter: to the Empire Padoua, Vincentia, and Verona: to the Emperour the places of Friuli and Treuisan, being the inheritance of the house of Austria: to Ferdinand the ports and places ingaged by the kings of Naples to the seigneurie of Venice, and to call home their magistrates from the imperiall townes, and out of all the countrie which they held upon the firme land. Whereas before the warre the Pope would haue been contented with some one place, but this tooke not effect, for Dominike Treuiran Procurator of S. Marke stayed the Senat, saying, That the Venetians were alwayes accustomed to take townes and castels, but hauing once taken them, it were absurd to restore them. It is therefore more sase for him that remaines a neuter to meditate a peace, than to nourish warre, and in so doing to purchase[*](It is most safe for a neuter to mediat peace.) honor and the loue of others with the assurance of his owne estate, as the Athenians procured a peace betwixt the Rhodians and Demetrius the besieger, to the great content of both parties, who were tyred with warre, and yet were loth to demaund a peace one of another: by which meanes the Athenians did reape great honor and profit to their estate. The which is so much the more necessarie, if he which is a neuter be allied to them that are in warre, and hath occasion to draw succors from his allies: as our kings have alwayes done betwixt the Catholike and Protestant Swissers, and betwixt the Grisons and the Swissers, as well for the lawes of friendship, as fearing that in the meane time he should want the ayd of his confederats. And sometimes those which are wearied with the warre, stirre up a third partie being a neuter, for the desire they have of peace, and the shame they have to seeke it: as the Florentines not able to subdue the Pisans, by reason of the Venetian succors, who desired nothing more than to retire themselves, they did procure the duke of Ferrare vnderhand to mediate an agreement. It is the greatest point of honor that a Prince can attaine vnto, to be chosen judge and vmpier of other princes quarrels, as in old time the Romans were, for[*](It is honourable for a prince to be an vmpire in other princes quarrels.) the great opinion which was held of their vertue & integritie: & since, this prerogative hath been giuen unto the Popes among other Christian Princes, who oftentimes have been chosen iudges and arbitrators of all their controuersies: as in the treaties betwixt king Charles the 5, and Charles king of Nauarre, made in the yeare 1365; and betwixt Philip Augustus and Richard king of England: If the Pope were not a partie, as Innocent the 4 was against the Emperour Frederick the 2, then the Emperour made choise of the Parliament of Paris for arbitrator, which was the Senat of Peeres and Princes, and the Councell of France. And Pope Clement the 7 making a league with the kings of France and England against the Emperour in the yeare 1528, he caused it to be inserted in the treatie, That if it were needfull to conclude a peace with the Emperor, he should have the honor to be arbitrator. Paule the 3 did the like betwixt the king of France and the Emperour in the treaties of Marseilles and Soissons. One of the most necessarie things for the assurance of treaties of peace and alliance, is to name some great and mightier Prince to be iudge and vmpier in case of contrauention, that they may have recourse unto him to meditate an agreement betwixt them; who being equall, cannot with their honors refuse warre, nor demaund peace. But to the end that other Princes be not driuen to that exigent, it shall be necessarie for them all to ioyne together in league, to keepe downe the power of any one that might bring the weaker into subiection: or else if they be in league, to send Ambassadors to meditate a peace before the victorie, as the Athenians, the Rhodians, the king of Egipt, and the seigneurie of Chio did, betwixt Philip the yong, king of Macedon, and the Aetolians, fearing the greatnes of the king of Macedon, as we reade in Titus Liuius. And for this cause after the taking of king Francis the first before Pauia, the Pope, the Venetians, the Florentines, the Duke of Ferrare, and other Potentates of Italie, made a league with the[*](Why many princes made a league against the emperour after the battaile of Pauia.) king of England for the deliverie of the king of France: not for that the afflicted fortune of the French did moue them unto pitie (as it is vsuall to kings, to whom the name of maiestie seemes holie) but for feare of the imperiall Eagle, which hauing couered a great part of Europe with her wings, might gripe and teare in sunder those pettie princes with her tallents: and yet they themselves had not many yeares before ioyned in league with the Emperour against king Francis after the battaile of Marignan, and restored Francis Sforce to the Duchie of Milan; hauing found by experience how dangerous[*](It is dangerous to be neighbour to a mightie prince.) the neighbourhood of a mightie Prince was, for if he be iust and upright, his successor will not resemble him, for which cause Methridates king of Pontus seeing the Roman empire to reach up to heauen, he entred into league with the kings of Parthia, Armenia, and Egipt, and with many cities of Greece against the Romans, who had seazed upon the greatest part of Europe under coulor of iustice, causing in one day fortie five thousand Roman citisens to be slaine throughout all Asia, by a secret conspiracie, but it was then too late to make a league against a power which was inuincible. And therefore at this day if great Princes conclude a peace, all others seeke to be comprehended therein, as well to assure their estates, as to hold those great princes in an equall counterpeize, least that the one by his greatnes oppresse the rest: as in the treatie of peace made at Cambray in the yeare 1559, all estates and Christian Princes were comprehended by the king of France, or the Catholike king, or by them both togither, and any others that the two kings should name within sixe moneths. But they must be named particularly, and not in generall tearmes by the names of allies or[*]( treaties the parties comprehended must be expresly named.) neuters, for if there be not a speciall expression, they may iustly pretend ignorance; for that affaiers of state are sometimes managed so secretlie and so sodenly, as a league is made before the enterprise can be discouered, notwithstanding all the diligence of Ambassadors to learne out the conditions of the treatie: as it happened in the treatie of Cambray made in October 1508, whereas the Pope, the Emperour, the Empire, the king of France, the king of Arragon and Naples, the king of Castill, the Dukes of Lorraine, Ferrare, and Mantoue, entred into league against the seigneurie of Venice, the which was concluded before the Venetians had any notice thereof, although they had ambassadors in a manner with all these Princes: and without doubt if they had had any intelligence thereof, they might easily have preuented it, seeing that after the conclusion thereof, and the warre begun, they found meanes to withdraw the Pope, and to make him a mortall enemie to the French, which was the only meanes to preserue their estate from ineuitable ruine. The like happened unto the protestant Princes, against whome the treatie of Soissons was made in September in the yeare 1544, betwixt the king of France and the Emperour, where by the first article it was agreed, that the two princes should ioyne their forces together to make warre against them, the which they could neuer beleeue, vntill they had seene the preparations made against them. They might easily have preuented the storme which fell upon them: for that the Emperour had no great desier to make warre against them, and the king lesse, who did secretly favour them; so as in giuing the Emperour some succors, or sending an ambassador unto him, they had been comprehended in the treatie, for they had no enemie but the Pope, who was then a neuter betwixt the Emperour and the King. Sometimes the league is so strong, and the hatred so great, as it is a hard matter to hinder[*](A league against Fraunce.) it, and much more to breake it, being concluded. King Francis the first was well aduertised of the league made betwixt the Pope, the Emperour, the king of England, the Venetians, the Dukes of Milan and Mantoue, the Commonweales of Genes, Florence, Luques, and Sienna, all confederates against his estate; yet could he not preuent it, but in quitting the duchie of Milan. Those which had concluded a peace and perpetuall amitie with him, and those which were tied unto him by a defensiue league, brake their faith, and made open warre against him: the which was not held strange, for many make no esteeme of the breach of faith in matter of treaties betwixt princes, especiallie if they may reape any profit thereby: yea some are so treacherous, as they sweare most when as they intend most fraud, as Lisander was wont to say, That men must be circumuented and deceiued with oathes, and children with toyes; but he felt[*](Plu. i Lisand.) the grieuous punishment of his disloyaltie. Doubtlesse, periurie is more detestable than atheisme, for that the atheist who beleeues there is no God, is not so wicked and impious, as he that knowes there is a God which hath a care of humane things, yet vnder coulor of a false and counterfeit oath, is not ashamed to skorne and abuse his deitie: so as we may rightly say, That treacherie is alwayes ioyned with impietie and basenesse of mind; for hee that willinglie forsweares himselfe to deceiue another, shewes plainely that he skornes God, and feares his enemie. It were better neuer to call the immortall God, or him they hold to be a God, to be a witnes of their fraud, but only themselves; as Richard Earle of Poitiers sonne to the king of England did, who giuing a confirmation of the priuiledges of Rochell, used these words, Teste meipso, My selfe being witnes. Seeing then that faith is the only foundation and support of iustice whereon not only Commonweales, but all humaine societie is grounded, it must remaine sacred and inuiolable in those things which are not vniust, especially betwixt princes: for seeing they are the warrants of faith and oathes, what remedie shall the subiects have against their power for the oathes which they take among[*](Faith betwixt allies must be kept.) themselves, if they be the first which breake and violate their faith. I speake of iust things, for it is a double impietie to sweare to do a wicked act, and in this case he that breakes his oath is no treacher, but deserues reward. And in like case, if the Prince hath promised not to do a thing which is allowable by the law of nature and iust, he is not periured although he make breach thereof; neither are priuate men tyed by their[*](It is no disloialtie to breake an vnlawfull oath.) oath, if they have promised to do more than is allowable by the civill law. Those things which are by nature vniust and vnlawfull no man may promise, neither may any man vrge them if they be promised. But wise Princes ought not to sweare any thing unto other Princes that is not allowable by the law of nature and nations, not force any Prince that is weaker then themselves to sweare to vnreasonable conditions. And to take away all ambiguitie of words, it shall be needfull to shew what is vniust, else he that is bound will take the word iust in generall to make vse of it in some speciall case, as in the treatie made in the moneth of May, in the yeare 1412, betwixt Henry king of England and his children on the one part, and the Dukes of Berry, Orleans, and Bourbon, the Earles of Alancon and Armaignac, and the lord of Albret on the other part, who sware to serue the king of England with their bodies and goods in all his iust quarrels when they should be required. There was no expresse reseruation of their soueraigne, against whom the king of England meant to imploy them by vertue of this contract, the which he could not do. There is neuer any iust cause to take armes against ones prince or countrie, as an auntient orator said, yet are not those princes free from the note of treacherie, which infringe their faith in matters which they have sworne to their preiudice, being forced thereunto by the victor as some Doctors haue maintained, being as ill informed of the estate of Commonweales, as of auntient histories, and of the ground of true iustice, discoursing of treaties made betwixt princes, as of contracts and conuentions among priuat men, the which is an opinion of most dangerous consequence, which error hath taken such roote within these two or three hundred yeares, as there is no league (how firme soeuer) made betwixt princes, but it is broken, so as this opinion goes now for a grounded maxime, that the prince which is[*](A daungerous opinion in treaties.) forced to make a league or peace to his hurt and preiudice, may go from it when occasion is offred. But it is strange that neither the first lawgiuers and lawyers, nor the Romans who were the patrons of iustice, did neuer thinke of this shift and euasion. For it is manifest, that most treaties of peace are made by force, either for feare of the victor, or of him that is the stronger; and what feare is more iust then of the losse of life? yet neuer any prince or lawgiuer did refuse to performe that which he had promised unto the victor, as if it had been forced. Quae enim viro forti, inquit Tullius, vis potest [*](A resolute man cannot be forced) adhiberi? What force can be vsed▪ sayth▪ Tully, to a valiant and resolute man? It appeared in the Consull Marcus Attilius Reg---lus, who being taken prisoner by the Carthaginians and sent to Rome upon his word, swearing that he would returne vnlesse he could procure some noblemen that were captaines to be set at libertie, from the which he dissuaded the Senat, yet did he not refuse to returne, although it were to an assured death, nor yet the Consull Mancinus to the Spanyards, when as he could not persuade the Senat to the conditions of peace. What grauer schoolemasters of the lawes of armes, what better interpreters of the Roman lawes can we desire, than the Roman Consuls? they went willingly unto torments rather than they would treacherously breake their faith. The Consull Posthumius and his companion with sixe hundred Captaines, Lieutenants and Gentlemen of the Roman armie, being surprized by the enemie in the straights of the Appenine hills, whereas they could neither aduance, retire, nor yet fight; being set at libertie upon their words, and hauing disputed of the law of nations in open Senat, and before all the people, touching accords and treaties made in warre; they did neuer pretend force nor feare, but it was only said, that they could not treat of any conditions of peace with the enemie, without an especiall charge and commission from the people of Rome: whereupon the Consuls which had sworne the peace, and those which had giuen themselves as hostages for the whole armie, yeelded themselves willinglie to the enemie, to dispose of their lives at their pleasure, and so they were delivered unto them by the Heralds.

In the treatie of Madrill, made the 14 of February 1526, it was said, That king Francis [*](The treatie of Madril.) the first being come unto the first towne of his realme, he should ratifie the articles which he had sworne in prison, and cause them to be ratified by the Daulphin of France when as he came to age: and by the last article it was agreed, That if the king would not obserue the peace which he had sworne, he should returne prisoner into Spaine, giuing his two sonnes Francis and Henry for hostages. Being at libertie, all Princes offred themselves, and ioyned with him in league against the Emperour Charles the fift, to pull downe his power whom they had raised up to heauen. The king hauing assembled all his princes and noblemen in his court of Parliament to resolue what was to be done touching the treatie of Madrill: Selua the first president, seeking to prooue that the king was not tyed unto the treatie, he grounded himselfe upon the authoritie of Cardinall Zabarella, who held, That whatsoeuer was done by force or feare, was not to be ratified; confirming it by the example of Ihon king of Cipres, who being taken prisoner by the Geneuois, gaue his sonne for hostage, and yet kept not his promise. I wonder the President of so great a Senat did not blush not only to[*](Treaties made by a prisoner may not be broken.) commend a man that was ignorant of the lawes of armes, but also to arme himselfe with such foolish arguments, yet this was the chiefest ground of the breach of the treatie of Madrill, adding thereunto, that the king could not giue away or renounce the soueraigntie of the Lowcountries, nor the duchie of Burgongne, without the expresse consent of the estates. This indeed was sufficient to breake the treatie, the rest were impertinent. But all these obiections were neuer brought in question by the antients, they neuer required, That a prince being set at libertie out of his enemies power, should ratifie that which he had sworne being a prisoner: a ridiculous thing, that were to call the treatie in question, and leaue it to the discretion of him that was a prisoner, whether he shall obserue that which he hath sworne or not. Moreover the antients neuer regarded[*](An oath is needlesse where hostages are taken.) the breach of treaties, when as they tooke hostages: for that he is not tied to any lawes of the treatie, nor to any other, neither is he forced to sweare; for hostages are giuen to be pledge for him that is captiue, and to suffer, if he shall make a breach of the conditions agreed upon. And were not he simple, that hauing a good pledge, should complaine of his debtor, that he hath broke promise with him: therefore the Consull Posthumius maintained before the people, That there was no contrauention in the treatie made betwixt him and the Samnites, seeing it was no treatie of peace, or league, but a simple promise, the which did bind them onely which had consented thereunto, Quid enim (inquit ille) obsidebus aut sponsoribus in foedere opu--- esset, sipraecatione res transigitur?

Nomina Consulum Legatorum, Tribunorum militum extant: si ex foedere res acta esset, preterquam duorum foecialium non extarent, What need (saith he) should there bee of hostages and sureties in a league or peace, if it be concluded by intreatie? the names of the Consuls, Lieutenants, and Tribunes, which vndertooke it, are extant: if it be ended by a league, there should be no names ioyned unto it, but of the two heraulds. Whereby it appeares, that king Francis the first, and the king of Cipres, who left their children for hostages, were absolued of their promises by their enemies themselves, for that they had pledges, and did not trust in their prisoners oath. And by the law of arms a prisoner which hath his libertie giuen him upon his word, is bound to returne to prison againe. And by a proclamation made by the Senat of Rome, all prisoners were enioyned upon paine of death (the which were verie many, being let goe uppon their words by king Pyrrhus, to goe visit their friends) should returne at a certaine day, but no man gaue any hostage. And if the prisoner be held in bonds, he may escape, neither[*](A prisoner taken in the war, being kept, may escape without .) is he bound to him that tooke him: as king Francis the first said unto Granuella the emperours ambassadour. For as a Roman Consull was wont to say, Vult quisque sibi credi, & habita fides ipsam obligat fidem, every man desires to be beleeued, & a trust reposed, binds the faith it selfe.

If any one say unto me, That the king had sworne to returne, if the treatie tooke not effect: and that king Iohn returned prisoner into England, for that he could not accomplish the conditions of the treatie, by which he had giuen a great part of the realme to the English, and promised three millions of crownes: I aunswere, that there was no fault in the king, for the estates opposed against the alienation of the reuenues of the crowne: and as for his returne, neither he nor king Iohn were tied unto it, seeing they had taken their children for hostages. And therefore king Francis seeing that the emperour would not remit the vniust conditions of the treatie, with the councell and consent of his princes and subiects hee proclaimed a new warre against him: wherewith the emperour being moued, said, That the king had carried himselfe basely; and that he had broken his oath, and that hee would willingly hazard his life with him in single combat, to make an end of so great a warre. The king being aduertised by his ambassadour, That the emperour had touched his honour and reputation; hee caused all the princes to assemble in his court of parliament; and after that hee had called Perrenot Granuelle ambassadour for Spaine, he said unto him, That Charles of Austria (hauing[*](The French king defies the emperour.) said unto the herauld of Fraunce, That the king had broken his faith) had spoken falsly, and that as often as he should say so, he did lie: and that hee should appoint a time and place for the combat, where he would meet him. The king of England finding in like[*](The king of England defies him.) sort that he was touched, used the like chalenge, and with the like solemnities. It was done like generous princes, to let all the world vnderstand, that there is nothing more foule and impious than the breach of faith, especially in princes. Neither was there euer prince so disloyall, that would maintaine it to be lawfull to breake their faith. But some have pretended that they have bene circumuented in their treaties, by the fraud of their enemies: others, that they have erred in fact, or have bene seduced by euill councell: or that things were so chaunged, as the wisest could not have foreseene them: or that it should be impossible to obserue the treaties without the ineuitable losse, or apparent daunger of the whole state. In which cases they would pretend, That an oath doth not bind, the condition or the cause of the oath being impossible or vniust. Some there be which maintaine, That the pope may dispence not onely with the oath of other princes, but also of himselfe: but they have bene confuted by other Canonists. So pope Iulio the second finding no meanes to breake his faith with king Lewis the twelft, that he might fly from the treatie of Cambray, he did not say, that hee was not tied to

his oath, but he tooke occasion to aduance a factor in Rome to the bishoprike of Arles in Prouence, without the priuitie of the king or his ambassadour, which did reside at Rome: where with the king being incensed (as the case deserued) he caused all the fruits which the beneficers of Rome had in Fraunce, to be seized on: then the pope hauing found what he sought for, declared himselfe an open enemie unto the king. So Gui---chardin writes, That pope Iulio was woont to bragge, That all the treaties which hee made with the French, Spaniards, and Germans (all which he called barbarous) was but to abuse them, and to ruine one by another, that he might expell them all out of Italy. There are others which curse and condemne traytors, yet they loue the treason, and hold the fruits thereof sweet: as it is ---itten of Philip king of Macedon: and the Lacedemonians condemned Phebidas their captaine, for that contrarie to the tenor of the treatie made with the Thebans, hee had seized upon their castle called Cadmee, & yet they kept the place still, as Plutarch writes. Some which can find no iust cause nor[*](Plu. in Epawida.) colourable to falsifie their faith, and have any respect to their honour, they aske aduise and councell of lawyers: as the marquesse of Pesquiere, who aspiring to make himselfe king of Naples, caused many consultations to bee made under hand, to know if hee which were vassall to the king of Naples, might (with his faith and honour saued) obey the pope, who was soueraigne lord of the realme of Naples, rather than the king, who was but a feudatarie: hauing two strings to his bow, for he made his account, that if the warre were attempted by the duke of Milan with the popes consent, against Charles the fift, should succeed well, he should then be king of Naples: but if hee should faile, then would he begge the dutchie of Milan, as a reward for his seruice, the duke beeing conuicted of rebellion. But this conspiracie being discouered, hee caused Maron the dukes chauncellour to be apprehended and put into the castle, and making of his processe, he suffred him to escape, fearing he should speake too plainely, if he were ill intreated: and soone after he died of thought, knowing well that his treacherie and disloyaltie was discouered, and inexcusable, seeing that he betrayed both the emperour and the duke, and all those of the league by the same meanes: the which is the most detestable treacherie of all others. Yet do I not blame him, that to assure himselfe hath two strings to his bow, so as it be done with a respect to his faith and honour: as it is reported of Themistocles, who secretly aduertised the king of Persia, That vnlesse he departed suddenly out of Europe, the Greekes had resolued to breake the bridge which hee had made upon the sea Hellespont, to passe his armie out of Asia into Europe: desiring him to keepe it secret. This he did to assure himselfe of the favour of the king of Persia, if he did vanquish; or to have the honour to have expelled him out of Greece, if hee marched away, as he did. But these subtill deuises beeing discouered by princes that are in league, do oftentimes cause good friends to become sworne enemies: as the Epirots, who agreed with the Acheans their confederats, to make warre against the Aetolians, and yet they did signifie by their ambassadour, That they would not take armes against them. Another time they plaid the like part with Antiochus, promising him al friendship, so as they might not be in disgrace with the Romans, Idagebatur (inquit Titus Liuius) vt sirex abstinuisset Epiro, integra sibi essent omnia apud Romanos, & conciliata apud regem gratia, quòd accepturi fuissent venientem, That was done (saith Titus Liuius) that if the king did forbeare to enter into Epirus, they should continue in favour with the Romans, and they should purchase grace with the king, that they would have receiued him if he had come. But their councels being discouered, they procured to themselves a miserable slauerie with the flight of Perseus. The lawyers hold it for a maxime, That faith is not to be kept with them that have broken their faith. But they pas---e on further and say, That by a decree made at the councell of Constans, it was ordained, That no faith should be kept with the enemies of the faith: for that the emperour Sigismond hauing giuen his faith to Lancelot king of Bohemia, and a safe conduct to Iohn Hus, and Ierosme of Prague, would not suffer any to proceed against them: but to free him of that doubt, there were many Lawyers, Canonists, and Diuines, especially Nicholas abbat of Palerme, and Lewis du Pont surnamed Romain, which concluded in this opinion, the which passed for a decree, and was confirmed by the councell. So as Iohn Hus and his companion were executed, although that neither the councell nor the emperor had any iurisdiction over them: neither was the king of Bohemia (their naturall lord) of their opinion, to whom notwithstanding the emperour had giuen his faith, but they regarded it not. Whereat we must not maruell, seeing that Bartol (the first lawyer of[*](If aith be to be kept with enemies of the faith) his age) maintaines, That faith is not to be kept with priuat enemies, but with captains in chiefe. According to which decree the cardinall Saint Iulian was sent Legat into Hongarie, to breake the treaties of peace concluded with the Turke: against the[*](L. conuentionum F. e Pactis.) which Humiades father to Mathew Coruin king of Hongarie opposed himselfe vehemently, shewing that the peace was concluded with very reasonable and profitable conditions for the Christians, notwithstanding the Legat shewed him this decree made by the Councell, by the which they might not hold no faith with the enemies of the faith. The Hongarians building thereon, brake the peace. But the Emperour of the Turks hauing notice of this decree, and of the breach of the peace, leauied a mightie armie, and hath neuer ceased since, both he and his successors, to increase in power▪ and to build that great Empire upon the ruine of Christendome; for euen the Emperour Sigismond himselfe was chased away with all the armie of Christians, and the Ambassador which had carried this decree, was in his returne slaine by certaine th---es that were Christians, whereby it appeared that God was displeased with that decree, for if it be lawfull to breake ones faith with infidels, then is it not lawfull to giue it; but contrariwise if it bee lawfull to capitulate with infidels, it is also necessarie to keepe promise with them. The Emperour Charles the fift made a league of friendship by his Ambassadour Robert Inglish with the king of Persia, who was pursued by the Sangiac of Soria euen unto the frontiers of Persia, and yet he had no other reproch to make against king Francis the first but that he had made a league with the Turke. It is well knowne that the kings of Poland, the Venetians, Geneuois, and Rhagusians have the like with them. And the same Emperour Charles the fift gaue his faith vnto Martin Luther (whom the Pope had cursed as an enemie to the Church) to come to imperiall diet at Wormes, in the yeare 1519, whereas Echius seeing that hee would not abiure his opinion, alleaged the decree of Constance, according to the tenor whereof hee v---ged them to proceed against him, without any respect to the faith which the Emperour had giuen. But there was not any prince which did not abhorre this request of Echius, and detested his decree. And therefore the emperour to maintaine the publike faith, sent Martin Luther backe safe to his owne home, with certaine troupes of horse. I know not how it came in the fathers minds at the councell of Constans, to take all faith from heretikes, when as the pope himselfe at his first installing, doth take an oath of the Iewes, suffring them to enioy their religion with all libertie. Yea and many times the princes of Germanie and Italie do admit Iewes to be witnesses in their suits, the forme of the Iewes oath is set downe in the decrees of the Imperiall chamber, Lib. 1. the 86 chapter, where it is said, That they should sweare to keep their faith with the Christians as loyally as their predecessors did with the Gifans that were Idolaters. So Iosua commaunder[*](Faith must be kept with Pagans and Idolaters.) over the Israelites, hauing bene circumuented by the Gabionites beeing Pagans and Infidels, in a treatie which he had made with them, to saue them, and foure townes which they had: and hauing afterwards discouered their fraud, beeing persuaded by the Captaines of the Israelites to breake the peace, he would not do it, saying, That they had giuen their faith, to the end saith the text, that the furie of God whom they had called to witnesse should not fall upon them. As for that which we said, That no faith is to be kept with them that have broken their faith: it is but agreeable with the law of nature, and all histories are full of them. And in our time Sinan Bascha hauing capitulated with them of Tripoli in Barbarie, and sworne by his maisters head to suffer[*](Faith is not to be kept with them that have broken their faith.) the knights of Rhodes to depart with their baggage after, that the towne was yeelded, notwithstanding his oath he made all the inhabitants slaues, except two hundred which he set at libertie at the request of Aramont the french Ambassador: and being challenged of his oath, he answered, That no faith was to be kept with them, for that they had sworne at Rhodes neuer to carrie armes against the Turks, reproching them that they were worse than dogs, which had nether God, faith, nor law, the which might have been refelled by them of Tripoli, but that might ouercame right, for that they were not tyed to the oath taken by the knights of Rhodes; nor, if the Tripolitans had formerly sworne, could he now take revenge thereof by this new accord. For former periurie and treacherie may not be repeated nor revenged when as they have once[*](Periurie red by a new treatie, may not be repeated.) concluded a peace and agreement together, else there should neuer be any assurance of peace, nor end of treacherie. But if one Prince hath broken his promise and deceiued an other, he hath no cause to complaine if he be required with the like: as the Romans hauing vanquished the Epirots (who had broken their faith with them, and put garrisons into their townes during the warres of Macedonie) presently after the taking of Perseus, they made it to be giuen out that they would also set the Epirots at libertie, and withdraw their garrisons, inioyning ten men of the chiefe of every citie to bring all the gold and siluer, and then sodenly they gaue a watchword to the garrisons to sack[*](Frad circumunted by fraud.) and spoile the cities, the which was done, and in this sort they spoyled 70 cities. In the punishment of this treacherie, the Romans behaued themselves more cruelly than was needfull, for that the revenge should not extend but to them that had committed the periurie; and this dissembling was against the antient honor of the Romans. But if periurie were couered by a new treatie, it were not lawfull to revenge it: yet there are some so base and treacherous as when they sweare, they have no thought but for to sweare and breake their faith, as Charles Duke of Bourgongne gaue a safegard to the Earle of S. Paul Constable of France to sell him dishonorablie to Lewis the II king of France. But Antony Spinola Gouernor of the Is---e of Corsica for the Geneuois, committed a fouler act, adding crueltie to his periurie; for hauing called all the Princes of the island together under colour of councell, and inuiting them to a banquet, he commanded them to be slaine, the historie is fresh. And the banished men of Cynethe a citie of Greece, being called home, and receiued by a new treatie made with them which had expelled them, they sware to forget all iniuries past, and to live together in peace and amitie: but in swearing (saith Polybius) they studied of nothing els, but how to betray the citie, as they did, to be revenged of the iniurie (which they had couered by a new accord) expelling all their enemies. But God to revenge their disloyaltie, suffered the Arcadians, to whome they had betrayed the citie, to kill all those which had put it into their hands. Oftentimes princes and seigneuries forsake their leagues for feare, who[*](Fear is ontimes the cause of a breach.) commonly doe follow the victors partie: as after the battaile of Pauia, all that were in league with the king of Fraunce in Italie, forsooke him: and after the battaile of Cannes, almost all the Romans associats in Italie left them: and euen the Rhodians after the taking of the king Perseus (with whome they were in league) they made a proclamation, That no man upon paine of death, should say or doe anything in favour of Feare may well excuse base minded men from giuing aid, but not from periurie: but what colour or excuse can he haue, that comes to capitulat with an intent to deceiue[*](Feare cannot excuse periutie.) and circumuent? It is inexcusable to men, and detestable before God. And yet the emperour Maximilian the first was wont to say, That he made no treaties with the French, but to abuse king Lewes the twelft, and to bee revenged of seuenteene iniuries which he had receiued from the French, although he could not specifie one: for every man knowes, that for these two hundred yeres, Europe neuer had prince more religious than Charles the eight, nor more upright and iust than Lewis the twelfth, who raigned in the time of Maximilian. Yea the last, who alone among all others, was called Father of the people, did shew how loyall he was both in deed and word, hauing treated a peace with Ferdinand king of Arragon, from whome hee had receiued many wrongs and losses, yet when as Ferdinand was come unto the port of Sauonne, the king of Fraunce entred into his gallie▪, accompanied onely with two or three noble men, Ferdinand beeing amazed at his great assurance and bountie, went out of his gally, and lodged in the castle of Sauonne. It was in the power of the king of Fraunce to retaine him (as Charles of Bourgongne did in the like case to Lewes the eleuenth at Peronne) but hee was so free from any so vild adisposition, as he omitted no pompe nor magnificence to giue him all the content that might bee. The confidence of both kings is disallowed by treacherous men, who shew plainely how perfidiously they would have dealt: but to all good men it must needs seeme commendable, which detest that in others, which they themselves hold dishonest. But if princes being in warre, have made a truce, and concluded a parle, they must come vnarmed,[*](What is to be obserued betwixt princes going to parle.) least the one (being secretly armed) should by fraud murther his enemie, as Iphicrates the Athenian did Iason the tyrant: or as Mithridates, who slue the prince of Armenia his sisters sonne. Or if the one comes weakely accompanied and with small force, then must he take hostages from the other, or some places of strength, before he approach, as it is commonly vsed. So did king Perseus, who being come with a great traine unto the frontiers of his realme, and would have passed the riuer which divided the two kingdomes, Q. Martius Philippus the Roman ambassadour required hostages, if hee meant to passe with aboue three in his companie: Perseus gaue the chiefe of his friends, but Martius gaue not any, for that he had but three men with him. If there be question [*](In what sort hostages are to bee giuen for a prince that i prisoner.) to giue hostages for the deliverie of some great prince that is a prisoner, it must be done with equall forces on either side; and in delivering the hostages, to receiue the captiue at the same instant; as they did when as king Francis the first came out of Spain from prison: else it were to be feared, that a disloyall prince would hold both prisoners and hostages: as Triphon the gouernour of Soria did, hauing taken Ionathan by treacherie, he promised to set him at libertie for threescore thousand crownes, and his two sonnes hostage: hauing delivered him the ransome and hostages, hee kept the money and slue the hostages with the prisoner: commaunding his pupill the king of Soria to be cruelly murthered. We must by all meanes shun these pestilent kind of men, and not contract any league or friendship with them, vnlesse it be forced. Yea if they had contracted mariage, yet there is no assurance, if the prince be treacherous and disloyall: as Alphonsus king of Naples was, who slue Cont Iames the duke of Millans ambassadour. Such a one they write was Caracalla emperour of Rome (who neuer shewed a good countenance, but to such as he meant to murther) hauing made a peace with the Parthians, he demaunded the kings daughter, the which was graunted him: so as hee went into Persia wel accompanied to marie-her, being all armed under their garments, who upon a signe giuen, when as they thought of nothing but of good cheere, he caused all the noble men that were at the marriage to be slaine, and so fled away: being not ashamed to boast, That it was lawfull to vse his enemies in that sort. This murther was not so cruell, as the excuse was detestable and odious: but God did not let his disloyaltie to be long vnpunished, suffering one of his houshould seruants to murther him as he was at the stoole, and to enioy the empire for his reward. They say, that Caesar Borgias sonne to pope Alexander the sixt, was like unto this monster, whome Machiauel doth produce for the paragon of princes: he had learned of his father to poyson such as he inuited to a banquet: it cannot be said, Which did exceed other in treachery: Alexander [*](The treacherous disposition of pope Alexander the sixt, and Caesar Borgias his sonne.) the father neuer did that which he said, and Caesar his sonne neuer spake that which he did: and both of them did religiously hold, That faith was to be giuen to all men, but to be kept with no man. Caesar gaue his faith, and sware great oathes for the assurance of the peace which he had made with the princes that were in league against him: and hauing drawne them together upon his faith, hee murthered them cruelly whereat his father laughing, said, That he had shewed them a Spanish tricke. But it was an extreame folly for the princes to put their lives into the hands of the most disloyall and perfidious man liuing, and knowne for such a one: and euen at such a time as he was but subiect to the pope, and had no power to giue his faith to them he put to death: so as the pope might have excused them as his subiects and vassals, without any note of treacherie. But the pope was poisoned with the same poison which hee had prepared for his friends and companions: and his sonne escaping the force of the poyson, was ouerreacht with the same fraud that he had circumuented his enemies. For when as Consaluus Viceroy of Naples had giuen him his faith (not being so skilfull in the law of armes and herauldry, as he was to commaund in warre) Borgias came to Naples, which when as king Ferdinand vnderstood, he commanded him to keepe Borgias [*](Treacherie paied with treachery.) prisoner: the Viceroy shewes his charge, and Borgias did vrge him with his oath and faith: but the Viceroy could not giue his faith without the kings expresse commission, much lesse release a subiect that is captiue, when as the king forbids it. Neither should Borgias have entred rashly into his enemies countrey. We read that Albret earle of Franconie committed the like errour to the duke of Valentinois: for beeing besieged by the emperour Lewis of Bauiere, Othon the Archbishop of Ments persuaded him to come vnto the emperour upon his faith, swearing, That if hee were not reconciled to the emperour, he should returne safe with him unto his castle. This good bishop being gone forth, made shew as if he had forgotten something in the castle, and returned backe with the earle. After that he had delivered the earle into the emperors hands, being vrged of his promise, he said, That he was returned: like unto the souldiour in Polybius, who notwithstanding his shift, was sent backe by the Senat of Rome, with his hands, and feet bound to the enemie. But although the Archduke could not giue his faith unto a rebell, without warrant from the emperour, yet for that hee had fraudulently drawne a man into danger, who was ignorant of the laws of armes (otherwise than Consuluus had done) he was not free from the foule crime of treacherie: like unto Paches, who persuaded Hippias, that he should come forth of his castle to a parle, swearing, That he should returne safe: the captaine being come forth, the castle was easily taken: then did he bring Hippias backe safe into the castle according to his promise, and there slue him. In like sort Saturnius the Tribune with his complices, hauing seized upon the capitoll by conspiracie and rebellion, comming forth upon the Consuls faith and safegard, they were slaine, and their memorie condemned. The like chance happened in Luques in the yeare 1522, when as Vincent Poge and his companions had slaine the Gonfaloniet in the palace, the magistrats gaue them their faith and assurance, that they should not be called in question for the fact, so as they would depart the citie: for that they were then in armes, and the stronger: yet soone after they were pursued and punished as they deserued. And to the end that by the promise of magistrats, the publike faith and assurance should not be broken, the Seigneurie of Venice made a decree in the councell of ten, published in the yere 1506, That no gouernor nor magistrat should giue any safeconduct to a banished man: the which was reserued for the Seigneurie onely; who by another decree made in the yeare 1512, did forbid to take any one prisoner, to whome the Seigneurie had giuen a safeconduct: not that princes and soueraigne states are bound to giue their faith unto subiects, and much lesse unto banished men; but hauing once giuen it they must keepe it inuiolable. We have no better schoolemasters of the lawes of armes, and of the publike faith, than the auntient Romans, and yet we read that Pompey the Great did capitulat with pirats, giuing them a sure retreat in some townes & prouinces, to live there under the obedience of the Romans: for he was aduertised, that the pirats had nine hundred sayle of ships, and aboue five hundred townes upon the sea coast, commaunding the whole sea, so as the gouernours could not passe to their prouinces, nor marchants traffique: and that so great a power could not be defeated, without exposing the estate of the people of Rome to apparent daunger; the maiestie whereof stood and was absolute by meanes of this treaty: and if he had not kept the faith which he had giuen them, or if the Senat had not ratified the treatie, he had polluted the honour of the Romans, and blemished the fame of so worthy an exploit. Not that I would have states to enter into any league, or have any commerce with pirats and theeves, (for that they ought not to bee partakers of the law of nations, as I have said before.) And although that Tacferin chiefe of an armie of theeves in Affrike, sent ambassadours to Rome, to the end they should appoint lands & places for him and his to inhabit, else he would proclaime perpetuall warre against the Romans; yet the emperour Tiberius taking this for an indignitie, would not so much as heare his ambassadours, saying in open Senat, That the auntient Romans would neuer heare, nor treat in any sort with Spartacus the slaue, by his profession a Fencer, and captaine of the theeves, although he had gathered together threescore thousand slaues, and defeated the Romans in three battailes: but after that he had bene vanquished by Crassus, all that escaped were hanged. Whereby it appeares, that it is dishonourable[*](It is dishonourable for a prince to deale with theeves.) for a prince or state, to treat with theeves: but hauing once plighted their faith unto them, it is against their dignitie to breake it. There is a rare example of the emperour Augustus, who made a proclamation, That whosoeuer could bring unto him Crocotus, captaine of the theeves in Spaine, should have 25000 crownes: whereof he being aduertised, he went and presented himselfe to Augustus, and demaunded the reward: the which the emperour caused to be giuen unto him, and withall pardoned him, to[*](A notable deed of the emperour Augustus.) giue an example to others, that they must keepe their faith, without any respect to the parties merit.

There is great difference, whether faith be giuen to a theefe, a friend, an enemie, or a subiect: for a subiect which ought to maintaine the honour, estate, and life of his soueraigne prince, if he proue treacherous and disloyall unto him, and that hee hath giuen him a protectiō, or if he come to capitulat with him, if the prince doth infringe his oath with him, he hath not so great cause to complain as a theefe, if the theese be not his subiect: as the legion of Bulgarian theeves, which being come into France to dwell there, king Dagobert gaue them his faith, finding it daungerous suddenly to breake such a troupe of loose and desperat men: but soone after upon a certaine day, a watchword being giuen, they were all slaine. But there is a great difference, whether a soueraigne prince doth capitulat with his friends or his enemies, & that those subiects which have rebelled against his maiestie, be comprehended in the treatie: Many have made a question, if the prince breaking his faith with those rebels, and seeking revenge of them,

whether the enemie be thereby wronged, and if the assurance giuen, or the truce, bee thereby broken? as it oftentimes falles out, the which doth most afflict princes: as Titus Liuius saith of Philip king of Macedon, Vnares Philippū maxime angebat, quod cum leges a Romanis victo imponerentur seuiendi ius in Macedonas, qui in bello ab se defecerant ademptū erat, One thing tormented Philip, that hauing laws prescribed him by the Romans, he might not tyrannize over the Macedonians who had fallen from him during[*](A prince giuing his faith to his subiects, must keepe it.) the wars. I hold that in this case the treatie is broken, and that the enemie or the prince which hath contracted securitie for an other princes subiects, may take it for an iniurie, & seeke his revenge, although the subiect were guiltie of treason in the highest degree. As the Barons of Naples, who went to Naples upon assurance giuen, and an oath taken by Ferdinand king of Naples, unto the Pope, soueraigne lord of Naples, the king of Spaine, the Venetians, and the Florentines, who were bound, and had all sworne to entertaine the treatie, yet they were imprisoned by Ferdinand king of Naples, who put them all to death, although he had receiued them under his fathers assurance and his owne. But there is no breach of the treatie if a priuat person seekes revenge of former wrongs of them that are comprehended in the treatie vnlesse; he hath precisely promised that he shall not suffer any pursuit to be made against them for any thing that had been committed before the treatie; or that assurance was giuen them in generall tearmes to returne unto their houses. For a generall clause in generall tearmes hath the same force that a speciall clause in a speciall case, which may not be stretcht from the places, times, persons and cases, contained in the articles of the treatie or safeconduit: all which notwithstanding were neglected by pope Leo the tenth, who hauing giuen his faith and a pasport unto Paul Baillon (who had expelled his nephew out of Perouze) when he came to Rome he was committed prisoner, and his processe made, not only for his rebellion, but for many other crimes, for the which he was conuicted and executed. The historie reports, that the pope had not only giuen his faith vnto him, but to all his friends in generall: true it is they were all his vassals. He did the like unto Alphonso [*](Leo the tenth periured to be revenged.) Cardinall of Sienne, being accused that he had attempted to poyson the Pope: to draw him into his snares he gaue him his faith, and to the Ambassador of Spaine in the name of the Catholike king; yet he came no sooner to Rome but his processe was made: whereupon the ambassador of Spaine complained greatly, but the Pope (who wanted no lawyers) answered him, That a safegard or protection how ample soeuer, is of no force, if the crime committed be not expresly set downe: so as presently after the Cardinall was sttangled in prison. But the Spanish Ambassador could not stipulate[*](Ambassadours cannot promise nor take assurance from another, without an especiall commission.) a protection for any one without a commission from his maister, as we have shewed before; the ignorance whereof hath oftentimes been a great plague and ruine to princes. Pope Clement the 7 circumuented the Florentines in our age with the like fraude, hauing promised the Spanish Ambassador to maintaine their estate free: but hauing seazed of the citie, he made it subiect to Alexander his brothers bastard, who put the chiefe men to death, after the proscription of many, saying, That treason was alwayes excepted: the which was a friuolous and idle excuse, seeing that he was neuer lord of Florence. Therefore in all treaties it is most safe to set downe particularly the number and qualitie of the iudges, for the differences that may arise among the associates, so as the number be equall of either side; with authoritie to the arbitrators to chuse an vmpier, if they cannot agree among themselves: as in the league made by the foure first Cantons in the yeare 1481, where it was sayd in the fourth and fift Article, that in all controuersies they should chuse an equall number to determine of them. And in the alliance betwixt the house of Austria and the twelue Cantons, the Bishops of Bohemia and Constance are named: but in the treatie betwixt the king of France and the Swissers, in the yeare 1516 in the 17 Article it is said, that in matters of controuersie, every one should chuse two arbitrators, and if they could not agree, the plaintife should chuse a fift out of the Valesiians or from Coire to be vmpier, who might not alter any thing of their opinions, but chuse the one of them. It were more convenient that the fift had been chosen by the foure which could not agree, for that the Swissers were alwayes demanders, and named whom they pleased, so as the king had alwayes the worser cause.

There is an other point which doth commonly deceiue Princes, which is, to treate with Ambassadors, deputies, or Lieutenants, without an especiall commission: for notwithstanding any promise which he shall make to have it ratified by his maister, yet is there no assurance, for that the Prince which promiseth stands bound for his part, and the other remaines at libertie to accept or reiect the conditions of the treatie; and happelie in the meane time there falls out some accident which breeds an alteration: as it happened betwixt the Samnites and the Numantines, and (without any farther search) to Lewis the 12, who treated a peace with the Archduke Philip passing through France in the yeare 1503, by vertue of an ample Commission which he had from his father in law, promising moreover to cause him to ratifie it: but Ferdinand attended the issue of the warres of Naples, whereas the French were vanquished in two battailes, and expelled the realme, so as he refused to ratifie what his sonne in law Philip had concluded with the king of France, saying, that the Archduke had no especiall commission. At the least there must be a time prefixt for the ratifying of the treatie, or a resolute clause for the want thereof: for in matters of State, and of treaties betwixt Princes and Commonweales, a silent ratification is not sure. And this was the cause of the breach of the treatie of Bretigny, the which Charles the fift then Regent of France had not ratified touching the soueraigntie of Guienne. And the same occasion made them of Carthage breake the peace betwixt them and the Romans: for after the first warre, they had made two treaties, in the first all the associates of both nations were comprehended in generall tearmes only; and it was said, that the treatie made with Luctatius the Consull should hold if the people of Rome did like of it, the which they would not ratifie, but sent an expresse commission into Affrike with the articles they would have concluded, and Asdruball Generall of the Carthaginians confirmed them. In this treatie the Saguntines were expresly comprehended, as allied unto the Romans, but this treatie was not expresly ratified by the Carthaginians; upon which point the Senat of Carthage stood, maintaining that Hanniball might lawfully make warre against the Saguntines: and yet the Carthaginians hauing obserued the treatie made by their Generall in all other clauses, they had ratified it in fact, which is more than words. It is therefore the more sure not to conclude anything without an especiall commission, or expresse ratification, for there neuer wants excuses and deuises to cover their disloyalties, the histories are full of them, as of the Calcedonians against the Bizantines, of Cleomenis against the Argiues, and of the Thracians against the Thessalians, who when as they had concluded a truce for certaine dayes, they spoyled their fields by night: and as the Flemings, who fearing to pay two millions of florens into the popes treasurie, (as it was cōcluded by the treatie of peace, if they did rebell against the king of France) they councelled Edward the third, king of England, to quallifie himself king of France, and then they would take armes for him, the which was done. Others distinguish upon the word, as king Lewis the II, who making a shew that he had need of the good councell and aduice of Lewis of Luxembourg Constable of France, he said, That he wanted his head. And the Emperour Charles the fift by a subtill alteration of a letter denied that which others thought hee had affirmed, writing touching the deliverie of

the princes of Germanie out of prison. But George Cornarus found a more subtill interpretation, seeing that he could find no meanes to breake the treatie made with the king of France, said, That the treatie was made with the king for the preseruation of his estate, and not to recover them when they were lost. But when all failes, and that there is no other excuse, he that is the stronger, is in the right, and the weaker hath wrong, as Atabalippa king of Peru (being prisoner to Francis Pizarre, Captaine of the Spanyards) he promised the value of ten millions and three hundred thousand ducats for his ransome, the which he payed: the Spanyards hauing resolued to put him to death, said, That there was no meanes for his libertie, vnlesse he became a Christian: he to saue his life was baptized, but with much griefe of mind, saying, That the immortall sonne was to be preferred before mortall gods, but terrified with such imminent danger, he imbraced the Christian religion. What shall I say more? The Spanyards hauing a king that was penitent, confessing and obedient to all their lawes, they put him to death, without any regard of faith or oath, like unto the wicked Millanois, whom it were a sinne to name, who hauing taken his enemie at an aduantage, set a dagger at his throat, threatning to kill him, if he did not aske him pardon for all the iniuries he had done him, the which was done: then he threatned him with death if he did not denie God; he abiured God and all his works with horrible execrations, but his aduersarie not satisfied therewith, caused him to repeate those curtesies often, least they should be counterfer, and then he slue this blasphemer, saying, That he was revenged both of bodie and soule. Behold the reward which this denier of God receiued, for putting his trust in the promises of a murtherer. In the treatie made betwixt king Lewis the 11 and Charles Duke of Bourgongne, in the yeare 1475, he made the king to sweare first by the word of a king, then by the faith of his bodie, and by his creator, by the faith and law which he had taken in his baptisme, and upon the Euangelists and the[*](A new kind of oath.) Canon of the Masse, and in the end upon the true Crosse. I omit to write what he profited by this oath, and what succeeded. But the Earle of S. Paule would not giue any[*](Philip Comines.) credit to all this, when as the king gaue him a safeconduit, vnlesse he would sweare by the crosse of S. Lau, which was kept at Angers, the which he refused to do, hauing resolued to put him to death, and fearing aboue all things this crosse, whereupon the lord of Lescut required him to sweare before he would come unto his seruice, and he kept his oath. The like was done in the treatie of peace betwixt Charles Regent of France, and the king of Nauarre, when as the Bishop of Lizieux said Masse in a tent pitcht betwixt the two armies, and receiued the oath upon the hoste: for better assurance of the treatie, the Bishop divided the hoste in two, giuing the one halfe to the king of Nauarre, the which he refused, excusing himselfe that he had broke his fast, neither would the Regent take the other part, so as either suspected the other of periurie. The Auntients used sacrifices with effusion of bloud, with many imprecations and execrations against the breakers of the league: and the kings of Parthia and Armenia when they entred into any offensiue and defensiue league, they tied their thombs, and drawing[*](Tacit. Lib. 4.) forth the blood, they suckt it one after an other: as in the like case the king of Calange [*](In the historie of the Indies.) at the East Indies, making an alliance with the Portugalls, drue blood from his left hand and rubd his face and tongue therewith. But there is no assurance in any oathes if[*](If the prince bee disloyal, his oath is not to be regarded.) the Prince be disloyall: and if he be iust, his simple word shall be a law unto him, and his faith an oracle. It is forbidden by the holie scriptures to sweare by any but by the name of the eternall God, for it is he alone that can revenge the breakers of their faith and the scorners of his name, and not they which have neither power nor care of humane things, the which the thirtie Ambassadors of Carthage feared when as the Romans had agreed to graunt them a peace, an auntient Senator (knowing the disloyaltie of the Carthaginians) asked them in open Senat, By what gods they would sweare: they answered, that they would sweare by the same gods which had so sharply punished their disloyaltie. For he offends no lesse that thinks to mock God, than he which doth it in deed, neither is he to be credited although he hath sworne. The princes partisans of the houses of Orleance and Bourgongne did sweare sixe treaties of peace in lesse then twelue yeares, and not any one was kept, as we read in our histories. And for that among all the treaties made among princes, there is not any one that hath more need of assurance, and that is more difficult to entertaine, than that which is made with the subiect, hauing conspired against his prince; I am of opinion that in this case[*](The maner to capitulat b twixt the pi and the subie ) the treatie should be made with neighbour princes, to warrant the subiects, or else speedily to depart the countrie. And if any one will obiect that the subiect ought not to have any safegard or protection from his lord, as it was adiudged by a decree of the court of Parliament for the Earle of Tonerre, I confesse it: But I say, the subiect must either do thus, or else depart the countrie, when they have to do with a soueraigne Prince. For there is no greater torment unto a Prince, than to be forced to capitulate with his subiect, and to keepe his faith with him. Lewis the 11 gaue a good testimonie thereof to the Duke of Nemours, to the Earle of S. Paul, to the Duke of Brittanie, to the Earle of Armaignac, and to all his subiects that had rebelled, all which almost hee put to death; and the historie of Flanders puts his owne brother in the number, affirming[*](Meierus.) that he was poisoned. And not long since the yonger brother to the king of Fez besieged the king his brother with an armie, and forced him to conclude a peace with such conditions as he pleased, and then he entred into the Castell with a small traine to do his homage, but sodenly he was strangled by the kings commandement, and cast out at a window in view of his armie, which hauing lost their head, yeelded presently. In like sort the Duke of Yorke hauing taken armes against Henry the sixt king of England, hauing gotten the victorie he made an agreement with the king upon condition that after his decease the Crowne should come unto the house of Yorke; and the prince of Wales, sonne to king Henry the 6 should be excluded, and in the meane time he should remaine Regent of England: but soone after being taken he was beheaded with his accord, being crowned with a crowne of white paper. You must not gall the Lion so hard as the bloud may follow, for seeing his owne bloud and feeling the smart, if he have his libertie he will be revenged: I would I had not so many examples as have bin seene in our time. But when as I say it is necessary that neighbour princes and allies be comprehended in the treatie made betwixt the prince and his subiects as pledges and warrants, I do not meane that it shall be lawfull for forraine princes to thrust their neighbours subiects into rebellion, under coulor of protection or amitie: and in truth the beginning and spring of all the warres betwixt king Francis the first, and the Emperour Charles the fift, was for the protection of Robert de la March, whom king Francis receiued, as du Bellay hath well obserued. But a wise prince may meditate an accord betwixt another prince and his subiects, and if he finds that the outragious proceeding [*](In what case forren prince may take upon him the protection of another princes subiects.) of a Tyrant against his subiects be irreconcileable, then ought he to take upon him the protection of the afflicted with a generous resolution: as that great Hercules did, who purchased to himselfe immortall praise and reputation, for that he tooke upon him the protection of afflicted people against the violence and crueltie of tyrants (which the fables call monsters) whom he went through the world to conquer: wherein the auntient Romans did also exceed all other nations. And without any more search, king Lewis the 12 receiued into his protection the Bentiuoles, with the houses of Ferrara and Mirandula, against the oppression of pope Iulio the 2: but he caused to be inserted into the protection, That it was without preiudice to the rights and dignity of the Roman church: and for the same cause king Henry the 2 tooke the protection of the same princes of Mirandula against the violence of pope Iulio the 3, and of many princes of Germanie against the Emperour Charles the 5 for the libertie of the Empire, and entertained the league of the sea townes which the Emperour sought to breake, & to change the Empire into an hereditarie kingdome else he which persuadeth: another Princes subiects to rebell under culour of protection (which should be as a holie anchor for people vniustly tyranized) he doth open the gate of rebellion to his owne subiects, and brings his owne estate into danger, with an euerlasting shame and dishonor. And therefore in all societies and leagues among princes it is alwaies excepted, That the one shall not take the protection of anothers subiects, whether the cause be iust or vniust. The only reason which hindred the treatie of peace betwixt king Antiochus the great, and Ptolomie king of Egipt, was the protection of Acheus, who of gouernor of Asia had made himselfe king, and had withdrawne it from his soueraigne prince, as Polibius saith. And for this cause Sigismond Augustus king of Polonia, to have peace with the king of Muscouie, was forced to leaue the protection of Rigie in Liuonia. And whatsoeuer some say, that it is lawfull for the vassall to free himselfe from the subiection of his[*](When the vassal may free himself from his lord.) lord, if he be ill intreated; it is to be vnderstood of an vndervassall, which hath recourse unto his soueraigne lord, and not of a leege vassall which holds immediatly, and without the meanes of any other vassall, who in some other respect may be a soueraigne: as the subiects of Guienne and of Poitou rebelled iustly against the king of England vassall to the king of France, for that he denied them iustice, and for that cause he was depriued of those fees which he held on this side the sea, according to the Canon law, although that many are contented to take away the iurisdiction only. And of late daies the Geneuois expelled the Marquis of Final out of his estate at the complaint of his subiects, and tooke them into their protection: who when as hee complained unto the Emperour of the wrong which was done unto him, the Geneuois aunswered, That they had freed but their owne subiects from the tyrannie of the Marquis: yet hee preuailed against them, notwithstanding they pleaded that hee was their vassall. Else every one might under colour of ill vsage rebell against his lord, and put himselfe in the protection or subiection of another: as some subiects of the Duke of Sauoy, hauing been thirtie yeares or there abouts under the seigneurie of Berne, seeing now that they would turne them over to their antient lord, they beseeched the Bernois instantly, not to abandon them, being afraid of ill vsage: but they were denied their request, as I haue vnderstood by letters from the Ambassador Coignet. And although[*](1561.) that hee that is banished by his prince may be receiued into protection by another prince, or into subiection, without any breach of the treatie (which forbids the receiuing of another princes subiects into protection) for that those which are banished for euer, are no more subiects: but if those banished men would attempt any thing against their auntient Lord, the prince which hath receiued them ought not to suffer them. And therefore the princes of Germanie sent Ambassadors to king Henry the 2, to require him not to receiue Albert Marquis of Brandebourg into his protection, being banished by a decree of the Imperiall Chamber: the king made answere in the moneth of August, in the yere 1554, That although the house of France had alwaies been the support of afflicted princes, yet would he not shew any favour unto the Marquis against the holy Empire. Yet notwithstanding if the prince exceeding others in power and dignitie, be duly informed that another princes subiect be tyrannized, he is bound not only to receiue him into protection, but also to free him from the subiection of another; as the law takes the slaue out of the power of a cruell maister: but it more befitteth to free the subiect from the subiection of another, and to set him at libertie, than to subiect him to himselfe, as the Romans did all Greece and Macedonie, which they delivered from the dominion of kings, to set them at full libertie. So did pope Agapet (who freed the successors of Gautier d'Iuetot from the subiection of the kings of France, for that king Lothair had slaine him with his owne hand in the Church, at what time as he craued pardon of him) to giue example to other princes not to vse any such cruelties to their subiects: and for the like crueltie Henry king of Sweden was expelled his estate by his owne subiects, in the yeare 1567. But it was held very strange that pope Iohn the 22 in the treatie made betwixt Philip the long king of France and the Flemings, caused it to be set downe, That if the king did infringe the treatie, it might be lawful for his subiects to take armes against him, to the which the Princes and Barons of France did oppose, causing that clause to be razed; and it was more strange that it should come out of the mouth of a french pope, a naturall subiect to France, and who had once been Chancellor. But the prince may well sweare that if he breake the treatie made by him, his subiects shall be freed from their obedience, as it was in the treatie of Arras, and hath been used among our first kings of this realme: as in the treatie which was made betwixt Lewis and Charles the bald brethren, the oath which either of them made was with this condition, That if it chanced, which God forbid, that I should breake my oath, I then absolue you from the faith which you owe me. Lewis sware first in the Roman toung these words which follow, the which the President Fauchet, a man well read in our Antiquities, did shew me in Guytard an historian and prince of the bloud, Pro deo amur, & pro Christian poblo & nostro commun saluament dist di en auant, inquant des sanir podirmedunat, si saluerio cist meon fradre Karle, & in adiudha, & in cad vna causa si com hom par dreit son fradre saluar dist, ino quid il vn altre sifaret. Et abludher nul plaid nunquam prindraij qui meon vol cist, meon fradre Karle in damno sit: That is to say, For the loue of God and the Christian people, and for our common health from this day forward, so long as God shall giue me knowledge and power, I will defend my brother Charles, and will aide him in every thing as any man by right ought to saue his brother, and not as another would do: And by my will I will have no quarrell with him, if my brother Charles doth me no wrong. King Lewis hauing made an end of this oath, king Charles spake the same words in the Germaine toong thus, In God est &c. Then both the armies subiects to the two princes sware thus, Si Ludouigs sagrament que son fradre Carlo iurat, conseruat, & Carlus meo sender de suo par no lostaint, si io retornar non luit pois, ne io veuls cui eo retornar ne pois, in nulla adiudha contra Ludouig: That is to say, If Lewis keepes his oath made with his brother, and Charles my lord for his part doth not hold it, if I cannot preuent it, I will not returne with him in peace, nor do him any obedience. The subiects of Charles sware in the Roman toong, and the subiects of Lewis in the Dutch. But to returne to our purpose: it is dangerous to take the protection of another, especially of those which are subiect to princes allies, but upon a iust cause, so is it more strange to leaue an associat in danger. But it is a question, whether a prince may take the protection of another prince vniustly [*](If one that is in league may succour him that is not allied against his associat, being wrongfully oppressed.) oppressed, without breach of the league: for it is most certaine that we aide priuate allies and common allies, if they be wronged by one of the allies: but he that is not comprehended in the league, may not be defended against him that is allied, without breach of the league: on the other side it is a thing which seemes very cruell, to leaue a poore prince to the mercie of one more mightie that doth oppresse him and seekes to take his estate from him.

The Senat of Rome was much troubled herewith, for that the Capouans being assailed, & vniustly oppressed by the Samnites, had recourse unto the Romans, who had a good desire to aid them: considering withall, that the Samnites would be too mightie

& insupportable, if they had once seized upon the Seigneurie of Capoua, and that it was a meanes to subdue the Romans: notwithstanding it was resolued by the Senat not to giue any succours unto the Capouans, considering the league which they had sworne with the Samnites, Tanta vtilitate (saith Titus Liuius) fides antiquior fuit, Faith was of more respect than so great a benefit. I will set downe word by word, the aunswere which was made unto the six ambassadours, the which deserues to bee grauen in letters of gold, Legatis Campanorum auxilia contra Samnites petentibus, Consul ex authoritate Senatus sic respondit: Auxilio vos Campani dignos censet Senatus: sed ita vobiscum amicitiam iustitui par est, ne qua vetustior amicitia ac societas violetur: Samnites nobiscum foedere iuncti sunt: itaque arma Deos prius quàm homines violatura, aduersus Samnites, vobis negamus: Legatos sicut fas est, precatum ad Socios mittemus, ne qua vobis vis fiat, The Consull with the authoritie of the Senat did aunswere in this sort unto the ambassadours of the Campanois, demaunding succours against the Samnites. The Senat holds you of Campania to be worthy of succours, but it is fit so to ioyne friendship with you, as a more auntient league and societie may not be violated: the Samnites are linkt unto vs in league, and therefore we denie you armes against the Samnites, whereby we should wrong the gods rather than men: but we will send ambassadours (as we may lawfully) to request our associats, not to offer you any violence. The ambassadours of Capoua had a secret charge, to offer the subiection of Capoua unto the Romans, in case they should refuse to giue them succours: who seeing themselves reiected, made this offer▪ Quandoquidem nostra tueri non vultis, vestra certe defendetis: itaque populum Campanum vrbemque Capouam, agros, delubra Deum, diuina humanaque omnia in vestram P. C. populique Romani ditionem dedimus. Tum iam fides agi visa, deditos non prodi, Seeing you will not protect vs and ours, yet at the least you shall defend your owne: we yeeld therefore into your power O reuerent fathers, and of the people of Rome, the people of Campania, and the citie of Capoua, with their fields, churches, and all diuine and humane rights. Now is your faith ingaged, not to betray them that[*](A stranger is not to be succoured against an ally, vnlesse hee make himselfe a subiect.) yeeld unto you. Whereby it appeares, that the stranger is not to be succoured against the allie, vnlesse he yeeld himselfe a subiect vnto him whose protection he pretends: for in that case every one is bound to defend his subiects against the iniuries of the mightie. If the Athenians had made the same aunswere to the Corcyrians, demaunding aid against the Corinthians their allies, they had not fallen into a warre which set all Greece on fire for the space of twentie eight yeres, and was not ended, but with the ruine of the Athenians, who were made subiect vnto the Lacedemonians, as they had deserued, what colour of iustice soeuer they pretend, that the league ought to cease if one of the associats doth make warre vniustly against a straunger. If this interpretation might take place, there should be no league nor alliance vnbroken. And therefore in contracting of leagues and new societies, the more auntient associats (although they are held to be excepted by law) must be precisely excepted: so as no aid is to be giuen unto the latter confederats against the more auntient, vnlesse they have first begun the warre. As in the league made betwixt the house of Fraunce and the Cantons of the Swissers, in the yeare 1521, in the which the auntient allies were excepted: but there was a derogatory clause, in these words, If the auntient allies did not make warre against the king of Fraunce, which was the principall subiect of the treatie. But it may so fall out, that three princes being in league, one may make warre against the other, and require aid of the third. In this case there are many distinctions. If the treatie of alliance be but of amitie and friendship, it is most certaine that he is not in that case bound to giue any succours, if the treatie imports a defensiue league, he must aid the most auntient ally by a precident alliance: If the associats be of one standing, he owes succours unto him that is vnited unto him by an offensiue and desensiue league. If it be offensiue and defensiue of all parts, he must not succour neither the one nor the other: but he may well mediat a peace, and cause their quarrels to bee compounded by their common allies: as it is commonly vsed, making warre against him that will not referre his cause to arbitrators, or yeeld to their arbitrement, as it is expresly set downe in the treatie of Stance, made betwixt the eight Cantons. Arbitrements are not to be reiected, how great soeuer princes be: as Henry king of Sueden did upon the controuersies hee had with the king of Denmarke, who offered to referre his cause to Henry the second, king of Fraunce: the which the king of Sueden refused, saying, That he was as great a king as the rest. But the Romans, who exceeded all nations in riches and power, if they had any controuersie with their allies, they referred it to the arbitrement of their common confederats, Romanus Legatus (saith Titus Liuius) ad communes socios vocabat. And if it be not lawfull by the law of armes, to allow of the combat, when there is any proofe by witnesse or[*](The Roman legat did appeale to their common confederats.) otherwise, what an iniustice were it, to suffer two princes or states to enter into warre, if a third may reconcile them, or els ioyne with him that is wronged. It were a simple part to suffer his neighbours house to burne, the which hee might quench with his honour. Moreover it may be doubted, whethet the league be broken, if thou shalt offer violence to any confederats father or brother, being not comprehended in the league. If they bee subiects, there is no question: if they bee absolute of themselves, it may be doubted; for that the father and the sonne are held to be all one: but in my opinion there is nothing done against the league, vnlesse the fathers person were excepted in the treatie. And although the father may pursue an iniurie done unto his sonne by action, yet may he not attempt warre by the law of armes, for a sonne that is out of the fathers iurisdiction, and not excepted in the treatie, although hee bee wronged by his confederats: for that the fathers power hath nothing common with the lawes of armes and maiestie, much lesse may the league be broken for brethren that are wronged. But to auoid all these inconueniences, the most safest way is, to limit all leagues to a certaine time, to the end they may add or take away from the treatie, or giue over the league altogether, if they thinke it expedient for them: and especially betwixt Popular estates[*](Leagues must be limited to a certaine time.) and those which are gouerned Aristocratically, the which neuer die. For in Monarchies societies and leagues are dissolued by the death of princes, as wee have said. Yet princes making treaties with Seigneuries and Popular states, have beene accustomed to continue the time of the league after the princes death▪ as it was in the league betwixt the Cantons of the Swissers, and Francis the first, where the time was limited for the kings life, and five yeares after, and since it hath alwayes so continued: but that condition did bind the Swissers, and not Francis his successor, who might at his pleasure hold, or go from the league: for that an oath is personall, and to speake properly, cannot be taken for the successor.

But some one will say unto me, That the first clause in all the auntient treaties and leagues, which the Romans made with other states and Seigneuries, was, That they should be perpetuall. And therefore the Hebrewes did call the strongest and best assured alliances, treaties of salt, for that salt of all things compounded of the elements, is least corruptible: as they also call a statue or image that is euerlasting, A statue of Salt, not that the holy Scripture meanes, that Lots wife was turned into a salt stone, as many beleeue. But in my opinion there is nothing more pernitious in treaties than to make them perpetuall: for he that feeles himselfe any thing ouercharged with the treatie: hath reason to breake it, seeing it is perpetuall: but if it be limited, hee hath no cause to complaine. Moreover it is easie to continue leagues and alliances alreadie made, and to renew them before the time prefixt be expired: as hath beene alwayes done with

the Cantons for these fiftie yeares: and although we were assured of a perpetuall amitie and friendship, and that there should bee no cause of griefe or dislike, yet friendships grow cold, and have need to be reuiued and quickned by new treaties. And therefore in the treatie betwixt the Vallesians and the fiue small Cantons, it is set downe in the last article, that the league should be renued every tenth yeare. And in the treaties betwixt the eight Cantons it is said, that the alliances should be renued every five yeares. The Romans did sweare a league and perpetuall amitie with the inhabitants of Laurentum, and yet was it renewed every yeare, Cum Laurentibus (inquit Liuius) renouari foedus iussum, renouaturque ex eo quotannis post diem decimum Latinarum, Beeing commaunded (saith Liuie) to renew the league with the Laurentines, it was thereuppon renewed euerie yeare after the tenth day of the Latines. And the same author saith, Adire iusst sunt Legati Romani Cretam, & Rhodū, & renouare amicitiam, simul, speculari num solicitati animi sociorum ab rege Perseo fuissent, The Roman ambassadours were commaunded to go to Creet and Rhodes, to renew the league, and to discover if their confederats minds had bene corrupted by king Perseus. There was a league of perpetuall friendship made in the yeare 1336, betwixt Philip of Valois, and Alphonso king of Castile:[*](Treaties betwixt the kings of France & Spaine) and afterwards it was renewed betwixt king Iohn and Peter king of Castile, in the yeare 1352: and betwixt Charles the fift, king of Fraunce, and Henrie king of Castile: and yet euerie one of these leagues was made perpetuall for the associats and their successors. As was also betwixt the houses of Scotland and Fraunce, for these three hundred[*](The league betwixt the French and Scots.) yeares, that they have continued in good and perpetuall league and amitie, unto the yeare 1556. There is also another reason why the time of leagues and alliances should be limited, for that there is an ordinarie clause annexed to all treaties, Not to make any peace or truce, or to enter into league with a common enemie, or with them that are not comprehended in the treatie, without the consent of all the associats, or of the greatest part: But if one of the allies will not consent thereunto, must the rest be ingaged in his hatred, and in a continuall warre, if the league bee perpetuall? That were against all diuine and humane lawes, if the occasion of this hatred doth cease, and that a peace may be made without the preiudice to the allies. But this clause is ill practised, for if any one of the associats hath an intent to goe from the league, hee is so farre from demaunding the consent of the rest, as sometimes he doth treat so secretly, as all is concluded before that any thing can be discouered, and oftentimes they abandon their associat unto their enemies. We have a notable example in our memorie, of the treatie[*](The treatie of Chambort.) of Chambort, made in the yeare 1552, betwixt the king of Fraunce of the one part, and the duke Maurice, the marquesse Albert, and the Lantgraue of Hesse on the other; where it is said in the two & twentieth article, That if any of the associats should make any peace or agreement, or have any secret practise with the emperor, or his adherents, without the consent of his other allies, he should be punished as a petiured, without all[*](The princes of the empire in the protection of the king of Fraunce.) remission, in the view of all the armie. And yet within six moneths after, the elector Maurice agreed with the emperor at a treatie at Passau, neither aduertising king Henrie (who was chiefe of the league) nor yet comprehending him in the treatie. Against whome the marquesse Albert exclaimed, saying, That it was a base and villanous act, calling the duke traitor, and disloyall to his countrey, the emperour, and the king of France. And yet he did worse than his companion: for after that he had drawne great summes of money from the king, he turned to the emperour, and made open warre against the king: so as the imperiall souldiors called Maurice Bachelor, or Graduat, &[*](Why Marquesse Albert was called Doctor.) Albert Doctor, for the notable tricks which he plaied. And of late memorie the Seigneurie of Venice concluded a peace with Sultan Selim, so secretly, as it was published at Constantinople, at the comming of the French ambassadour, before that any one of the confederats of the holy league was aduertised thereof, although it were expresly forbidden in the treatie, that not any one of the confederats might make a peace or truce with the Turke, without the consent of all the rest. So the auntient Romans hauing to doe with faithlesse and disloiall people, they did not willingly conclude a peace, but a truce for many yeares, as they did with the Veientes, Veientibus pacem petentibus in annos centum induciae datae, The Veientes requiring a peace, they had a truce graunted them for an hundred yeares. And in another place, Indutiae Veientibus pacem petentibus [*](Liu. lib. 1. Decad. 1. 7. lib. 2. 8. lib. 7. 9. lib. 9.) in annos 40 datae, A truce of fortie yeares was graunted unto the Veientes, who demaunded a peace. And in another place, Cum populo Cerite inducias in centum annos factas, There was a truce made with the people of Cerites for an hundred yeares. And in another place, Hetruriae populi pacem petentes in annos 30 inducias impetrarunt, The people of Hetruria demaunding a peace, they obtained a truce for thirtie yeares. For alwayes a truce is more holy, and lesse violable than a peace. And if wee shall well obserue the end of those which have broken any truce, we shall find that it hath bene miserable, and many times the ruine of states. So the Romans have alwayes punished seuerely the breakers of any truce: the first example was showne upon the person of Metius Dictator of the Albanois, who was pulled in peeces with foure horses, and the citie of Alba rased: the people of Veientes were rooted out, hauing rebelled seuen times against the articles of the truce: the citie of Carthage was burnt to ashes: the people of Capoua slaine for the most part, and the rest made slaues: the inhabitants of Corinth massacred, and their citie burnt to ashes: the Samnites were ruined, hauing infringed their faith seuen times, as we read in Titus Liuius, Strabo, with infinit others, which were impossible to set downe in particular, which carrie an euerlasting testimonie of Gods iust iudgements against treacherous and disloyall princes, and faithlesse people, which mocke at oathes. As for treacherous and disloyall subiects, they were neuer vnpunished, In Veliternos veteres ciues grauiter saeuitum, quod toties rebellarent, muri disiecti, [*](Liu. lib. 8.) Senatus abductus, They punished the Veliternians (who were auntient citisens) verie seuerely, their walles were cast downe, and their Senat carried away. And after the second Punike warre, the Roman subiects which had bene traitors were excepted, Perfugae (inquit Liuius) bello punico 380 Romam missi, virgis in Comitio caesi, & de Saxo deiecti, In the Punike warre 380 runnawayes (saith Liuie) beeing sent to Rome, were whipt in the open assemblie, and cast downe the rocke. And if the enemie hauing giuen hostages, did infringe their treaties, the hostages were publikely put to death: as it happened unto three hundred hostages of the Volsques, which were slaine: and in like case the hostages of the Tarentines, Fugientes retracti, ac virgis diu caesi, de Tarpeio deiecti [*](Liu. lib. 35.) sunt, Fleeing they were fetcht backe, and being beaten long with rods, they were cast from the mount Tarpeia (saith Titus Liuius.) But since that they have made a trade of the breach of faith, they have also made a conscience to put hostages to death: as Narses, who pardoned the hostages of the Luquoies, hauing broken their faith: and Charles duke of Bourgongne had no sooner set three hundred hostages of the Leegeois at libertie (the which he might iustly have put to death, whatsoeuer Comines saith) but they attempted a new warre against him.

The clause that hostages should be subiect unto capitall punishments, was vnknowne to the auntients, for it was alwayes lawfull not only to kill hostages that fled, but also if they that had giuen hostages had infringed their faith. But since they have thought it fit to expresse those words in their promises, least that hostages should pleade ignorance of the law of armes, or that it should seeme too cruell that one should suffer for anothers offence. I will not denie but the Romans have somewhat blemished the brightnes of their auntient integritie and iustice, the which happened unto them not so

much through their owne fault, as by the Grecians and Carthaginians, whose treacherie they had often tried: witnes that which Liuie writes of the Ambassadors that were sent into Greece, when as they made report of their charge in open Senat: he saith thus, L. Martius & Attilius Romam reuersi, nulla alia re magis gloriabantur, quam decepto [*](Liu. lib. 42.) per inducias & spem pacis Rege, quae magna pars Senatus probabat: sed veteres moris antiqui memores, nouam istam sapientiam improbabant, nec astu magis quam vera virtute bellage ssisse maiores, denunciare bella, & saepe locum finire, quo dimicanturi essent. L. Martius and Attilius being returned to Rome, gloried in nothing more, than that they had circumuented the king with a truce, and the hope of peace: the which the greatest part of the Senat did allow of, but the most auntient (remembring their customes of old) did disallow of this new kind of wisedome, for that the auntients did not make warre by craft and pollicie, but by vertue, proclaiming warre, and oftentimes appointing the place where they would fight. Yea they were accustomed to renounce their alliance and friendship that had wronged them, before they would begin any warre. Veteres, saith Suetonius, bellum indicturi, renunciabant amicitiam, The auntients when they[*](Tacit. lib. 5. Liu. lib. 36.) would make warre against any one, they renounced his friendship: a custome which was obserued among priuat men, euen in the time of the Emperour Tiberius: for Germanicus being grieuously wronged by Piso gouernor of Soria, sent him word that he renounced his friendship: and Henry the 5 king of England sent word to Lewis duke of Orleance by his ambassador, That he could not defie him, vnlesse he renounced his friendship, and sent back the alliance. And at this day those which be brethren in armes, and princes which do weare one anothers order, they send back the order before they make warre. But the Greeks who had taught the Romans their deceits and disloyalties, were punished, as we may see in Liuie, where he saith, Phocenses cum pacti essent nihil hostile se a Romanis passuros port as aperuerunt, tum clamor est sublatus à militibus, Phocenses nunquam fidos socios, impune eludere: ab hac voce milites vrbem diripiunt, Aemilius primo resistere, captas, non deditas vrbes diripi, The Phocenses when they had contracted that they would not indure any hostile acte of the Romans, they opened their gates; then began there a crie among the souldiers, that the Phocenses being neuer faithfull associates did laugh at them vnpunished: at this crie the souldiers spoile the towne, at the first Aemilius made resistance, saying, That they used to spoyle cities that were taken by force, and not that yeelded. But the Romans to repaire this error, left their citie in full libertie, and restored them the lands they had taken from them. So Polibius who was a Greeke borne, and gouernor to Scipio the Affrican, speaking of the Greeks, saith, That a word among the Romans was sufficient, but in Greece for the lending of a hundred crownes they must have ten notaries, and twise as many seales, and yet would they breake their faith. But it is far worse at this day, where there is no assurance neither in letters, seales, nor safegards, yea ambassadors are not assured, for we have seen Rincon and Fregose ambassadors to the king of France slaine by the officers of the Emperour Charles the 5, and yet no iustice was done of them: whereas the Romans delivered Minutius and Manlius to their enemies, and at another time Fabius and Apronius, to dispose of them at their pleasures, for that they had somewhat wronged the ambassadors, the which is forbidden by the law of armes. If faith be not kept with ambassadors, what shall we hope of others? yea some have gloried in killing them, as Helene Queene of Russia, being intreated by her enemies to make a league, to the end she might marrie with their king, she buried all the ambassadors alive▪ and before they were aduertised thereof, she sent them word that she would have ambassadors of greater worth, whereupon they sent her fiftie more of the noblest of the whole countrie, all which she caused to be burned alive, and under promise of marriage she murthered five thousand which she had made dronke. It is not needfull heere to rehearse how many cities and people have been ruined and rooted out for the breach of faith with ambassadors, who are and ought to be sacred and inuiolable. And ambassadors are also to be warned that they exceed not their charge, nor speake not any thing to the dishonor of the prince or people to whom they are sent, for a wise ambassador will alwaies deliver his charge, if in things that be odious sparingly, and in those that be pleasing full, to the end that he may entertaine princes in friendship, and appease hatred; for that princes do oftentimes fall into mortall quarrels through the indiscretion of ambassadours. Amongst many we have the example of Stephen Vauoide of Valachia, to whome the Procope of Tartaria sent an hundred ambassadours, threatning to waste all his countrey with fire and sword, if he sent not backe the Procopes sonne, whom he had taken prisoner. The Vauoide incensed at these threats, put them all to death, except one whome he sent home maimed of his members, to bee a messenger of this strange calamitie. Others revenge not iniuries done unto them by ambassadours so indiscreetly, but yet as cruelly, least they should seeme to have broken their faith, dismissing them, and yet sending others after them to kill them: as Tuca queene of Sclauonia did, who sent some to murther the yongest of the three Roman ambassadours, hauing threatned her, the which was afterwards the cause of her ruine, and of her estate. But the fact of the king of Mofcouie was most barbarous, who seeing an Italian ambassadour to put on his hat before he was bidden, he caused it to bee nailed fast unto his head; a most cruell and barbarous deed, yet was there an error in the ambassador, who should hold the ranke and dignitie of the prince his maister, so as it bee not with the contempt of the prince to whome he is sent: for sometimes ambassadours relying upon the greatnesse of their master, forget themselves to meaner princes, especially men that are bred up in Popular estates, accustomed to speake with all libertie, thinke they may doe so with Monarches, who are not accustomed to heare free speeches, and much lesse that the truth should be spoken unto them: for which cause Philip the young, king of Macedonie, seeing the Roman ambassadour question too boldly with him, hee could not forbeare to braue him with reproaches. And Popilius the Roman Legat vsed Antiochus king of Asia with greater presumption, making a circle with a rod about the kings person, willing him to giue him aunswere, before he went out of that circle: here Liuie saith, Obstupefactus est rex tam violento imperio, The king was amazed at so violent a commaund: and yet he did what the Romans commanded, hauing tried their power. Marius the elder used the like libertie towards Mithridates king of Pontus or Amasia, who although he neither were ambassadour, nor had any publike charge, yet he said unto the king, That he must obey the commaundement of the people of Rome, or be the stronger. Then did Mithridates find that true which was spoken of the Romans, That they were of a freer speech than any other nation. And sometimes too great libertie without any iniurie offends princes. For which cause Marc Anthonie caused an ambassador which was sent from Augustus to be whipt, for that he talked too freely to queene Cleopatra. But those princes are wisest, which hauing receiued any affront from ambassadours, demaund reparation from their maisters: as Charles earle of Charolois, said unto the ambassadours of Lewis the eleuenth, That his Chauncellour had braued him, but the king would shortly repent it; and so it fell out: for the same yere he imbarqued the king in a most daungerous warre, with the hazard of his estate. And therefore king Francis the first, doubting that he should heare something of an herauld which was sent from the emperour Charles the fift, that might bee some impeach unto his maiestie, he caused a gibe--- to be set up before the court gate, when he heard that hee approached, letting him vnderstand, that he would hang him, if he opened his mouth, for hauing giuen the emperour the lie, he knew well that the herauld could not bring him any aunswere, without some touch to his honour and dignitie. Some there bee that will attempt warre against their associats for any small iniurie: as the Scots did in old time against the Picts, for taking away their dogges, hauing lived together almost six hundred yeares in great peace and amitie. A good prince must trie all meanes, and dissemble many things, before he come to armes. I do not agree with Bartol, who saith, That the peace is not violated, if any one hath vndertaken that hee shall not bee wronged, and yet his things are stolne away by him with whome he hath made a peace: for that there was nothing that did sooner moue the antient Romans to make warre, than for things taken away, and iniuries done. M. Aurelius the emperour said well, Putasne non aliter vim inferri quam si homines vulnerentur: vis est etiam cum quod per Iudicem debuit, per te ipse arripis, Doest thou thinke that violence is not offered, vnlesse that men be wounded. It is violence, when thou takest that of thine owne authoritie, which thou shouldest recover by law. But some make breach of their faith, by a craftie interpretation of the law. As that which Bartol proues, If by the truce it be lawfull for a French man to passe into England, upon condition, That if after the truce he be found within their limits, it shall be lawfull to kill him: if before the end of the truce he depart out of England, and by a storme is driuen backe into England after the truce expired: in this case he saith, they may lawfully kill him. In my opinion they may ransome him by law, but not kill him: for that he doth nothing against the truce, that by tempest is cast upon his enemies countrey. It would seeme vniustand iniurious, to repaire that which happens accidentally with the losse of life.

Finis Libri quinti.