Varieties: or, A surveigh of rare and excellent matters necessary and delectable for all sorts of persons. Wherein the principall heads of diverse sciences are illustrated, rare secrets of naturall things unfoulded, &c. Digested into five bookes, whose severall chapters with their contents are to be seene in the table after the epistle dedicatory. By David Person, of Loghlands in Scotland, Gentleman.

Section 1.

The decree of the Councell of Constance, That no faith is to be kept with hereticks and enemies, is agitated: the commendation of peace: that a necessary and iust war is to be preferred to it: A story of Augustus Caesar.

I begin this rhapsodicall Treatise with the famous act of the Coun∣cel of Constance, wherein it was de∣creed, That no faith was to bee kept unto Hereticks and Enemies of the faith; by vertue whereof, as Vlidislaus King of Hungary viola∣ted the peace concluded betwixt him and Amurath (for the time great Turk) at the instigation and solici∣tation

of Cardinall Iulian sent to him from Rome for that purpose, to the great prejudice of the civill Chri∣stian estate, and aggrandizing of theirs; So by ver∣tue of the same the Martyrizing of Iohn Husse and Hierome of Prague although under trust and safe con∣duct granted by the good Emperor Sigismundus, was to the great prejudice of the Ecclesiastique Roman estate, by renting a sunder from her Sea a great ma∣ny of the Churches of Europe: for hee that is the God of peace and Hosts both, never exercises his re∣venging hand better then when things agreed upon equall termes are not observed: So the Histories re∣port, that the same day of the Battaile given by the Hungarian King unto the Turke, that Amurath lifting up his eyes unto heaven, should say, Iesus, if thou be a true God, and of this people who encounter mee this day, and that they honour and serve thee, shew it by the equity of this cause, which by his obtaining of that dayes victory was plainly manifested: and it is manifestly seene, that the breach of faith plighted to the two Bohemians, and their burning unto ashes, was so far from smothering the faults whereof they complained; that on the contrary, diverse worthy and learned men after them, blowing this coale, by them then kindled, have made its flame to blaze through all the world: as the bloudy wars through many parts of Europe, for maintaining of their cause; at least their opinions, can to after ages beare record.

It is true indeed, this word Peace sounds sweet in every eare; wherefore our Saviour Christ leaving this world, left his peace with his Disciples; and his house also is called Domus pacis: and blessed be the

feet of those that carry the glad tydings of peace; yea, the Angell from heaven proclaimed peace on earth, and towards men good will: in a word, Beati pacifici, Blessed are all peacemakers: yet it hath never beene thought so gracious, but that a necessary warre was to be preferred unto it, if it was dishonestly violated, or shamefully agreed upon.

What then may be said to Bartoll one of the grea∣test Lawyers of his age,* 1.1 who in the Law, Conventio∣num codice de pactis, or at least in the Digestis maintai∣neth, That faith is not to bee kept to particular ene∣mies; which Cicero in his 3. lib. Officiorum, although but a Heathen, contradicteth: and that of Vlpian, no lesse in credit than he, That it is lawfull to circum∣vent one another; and chiefly, seeing in all their wri∣tings they esteeme more of the true keeping of our promised faith in all our actions, than of strict and precise justice;* 1.2 but so thought not the good Empe∣rour Augustus Caesar, though he had promised a great many Talents of gold to those who should bring him the head of Crocotas a notable robber in his time, which robber hearing of this reward, came of him∣selfe, and layed downe his head at the Emperours feet, and craved the reward conditioned; whereupon the Emperour did appeare so farre from revenge, that he forthwith granted him not onely his life, but the promised Talents also.

Neither did the noble Iosua so, when he was decea∣ved with the Gibeonites; for although those deceaving Polititians, or rather hypocrites hold for truth that,

Frangenti fidem, fides frangatur eidem.

And worse than that, they doe violate likewise

their plighted faith to those who have done them no injurie, nor made any breach of faith at all: yet, I say, Iosua did not so to the Gibeonites who deceived him; for when the Iewish Captaines would have beene re∣venged on them; the Princes answered: Wee have sworne unto them by the Lord God of Israel, now therefore we may not touch them, &c. Iosh. 9. 19.

Notes

• * 1.1

  Bartol and Vlpian admit deceit to bee used with the circumventer, and no faith to be kept to par∣ticular enemies
• * 1.2

  The Emperour Augustus kept faith, although to a rogue.