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.

A TREATISE OF MENTALL-RESERVATION; And of no faith to bee kept unto Hereticks.

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.

Section 2.

Mentall-reservation defined. All fraudulency, in making peace, or taking truce condemned; for which purpose are instanced examples of Grecians, Romans, and others.

WHat shall bee said to those, who while they sweare and promise, have neverthelesse in their minde no intention at all to performe?

Linguajuravi,* 1.3 mentem injuratam servavi.

A maxime with the former, not hatched in the braine of a Florentine matchiavill, but raked out of the profoundest Cabinet of the most secret, and most obscure dungeon in hell: Cleomenes after a truce made up with the Argiues for seven dayes;* 1.4 the third night thereafter under trust and assurance, surprized them; and then being challenged of his promise, made an∣swer, That he made truces for dayes, and not for nights: Lysander used to say, that men should be de∣ceaved with oathes,* 1.5 as children with apples: the ge∣nerosity of a noble Alexander acknowledged no such guile; who when Polypercon his Counsellor had ad∣vised him to take advantage of the darkenesse of the night, against Darius, could reply, That he had rather chuse to repent the losse of his fortune, than to pur∣chase

victory with shame, Malo me fortunae poeniteat, quàm pudeat victoriae: and the magnanimous Romans were offended w^th their Embassadour Lucius Marcius,* 1.6 in the managing of his wars with Perseus King of Ma∣cedon, because he went about by subtilties and circum∣ventions to purchase his victories: on such considera∣tions as these, they sent back to Pyrrhus, K. of Epirots his Physitian, (who had undertaken to poyson him:) likewise Camillus at the siege of Veij, made the chil∣dren whip their Master with rods, who had rendered them by his treachery into the Consuls hands. The bravest, both Commanders, and Souldiers, who were taken prisoners by the Samnites, and had obtai∣ned liberty to come backe to Rome to take leave of their friends; were by them sent back againe, or ra∣ther, returned of their owne accord, although some to a certaine death: so farre were they from holding, that faith should not be kept either to enemies in ge∣nerall or particular, much lesse to stretch a thing to the contrary, whereof they had a reservation in their minde; for by such jugling evasions those Roman pri∣soners taken by Pyrrhus, and permitted to come home and visit friends, might have alleaged, that they were not obliged to return, (as they did) because they might have said, that howsoever they had sworne with their mouthes, yet in their hearts they thought not so: like∣wise, Attilius Regulus the Consull, taken by the Car∣thaginians, and set at liberty to visit the City, upon promise of returne might have said: but the innocen∣cy of that age knew no other way but the right and square, and rather choosed to undergoe death, than to make a breach of the integrity of their faith made un∣to an enemy.

Sect. 3.

The integrity of the ancients commended in making peace, and their other pactions. A story of P. Corn. Scipio to that purpose. Graeca fides, what, and wherefore used: Of the dishonest dealing of Pope Alexander, and his ne∣phew, Caesar Borgia, &c.

I will not passe under silence the manner observed by the Ancients in breaking truces, peace, pactions, or leagues amongst them; that posterity may under∣stand, how averse they were from having their thoughts dissonant from their words:* 1.7 and to this pur∣pose I remember, that at the peace concluded on be∣twixt the Romans and the Carthaginians in the dicta∣torship of Pub. Corn. Scipio, a Roman Herauld stand∣ing up betwixt both parties, assembled for finishing of the same, after they had spoken their mindes, hinc jnde, the Herauld, I say, standing with a stone in his hand, in these termes concluded the matter.

If justly, and without any fraud or guile, I make the oath of observancie, and doe finish this paction, then may the Gods be propitious,* 1.8 and grant that all things may fall happily out unto us; if I either doe or thinke otherwise than I have spoken, then, (so all the rest be safe) let me fall and perish alone by mine owne Lawes, in my owne family, with my private Lares, and domestick Gods, in my owne Temples and Se∣pulchers, as this stone fals from my hand; which words finished, he throweth the stone from him, or

rather lets it fall to the ground, and so endeth. The Carthaginian Herauld swore by all their Countrey Gods, and their private ones, to observe all that is covenanted. Livius noteth these same tearmes to have beene used in the first peace concluded on be∣twixt these same people in the consulship of Iunius Brutus, and Marcus Valerius, or shortly after (if Sa∣bellicus mistake not), which two first Consuls, Rome had diverse yeeres before Zerxes expedition against the Greekes: alwayes Polybius hath these same words both exemplary and memorable: like as Sabellicus in his 6. lib. Aenead. 4. punctually fetteth them downe, albeit both Livie and Dionysius remarke but the ge∣nerals: the speciall thing which I observe, is the word Cogito: if I thinke otherwise; which confounds all our mentallists, and makes them Mentirists: let the Greekes with their deceaving tricks and coosenages keepe that dishonourable honour,* 1.9 Graeca fides, which is alwayes taken for a subdolous and fraudulent faith: but God defend that ever such aspersions and impu∣tations be laid to a true Britanne; and let Popish Rome, now of late declined and degenerated from the old honest Rome, pride her selfe and her sectaries in their mentall-reservations;* 1.10 let one Pope Alexander and his nephew Caesar Borgia vaunt themselves; the one, that he did never think the thing which he spake; the other, that like our mentallists, hee never spake the thing which hee thought: and let a Leo the tenth of that name, promise truth and faith to a Paul Baillon, (who had expelled his nephew out of Perugia,) that he un∣der trust of his Holinesse's word should come unto Rome safely with his associates, to live at Court as be∣fore,

and yet neverthelesse, did put him and them to death: as likewise a Cardinall, Alfonso of Sienna, who for suspition of poysoning the Pope with a Buccado, or Nosegay, retired himselfe from Court, perceiving his Holinesse countenance to bee cast downe upon him, and would not be moved to returne againe; but under his holinesse faith and true promise made, not onely to himselfe, but to the Embassadour of Spaine, in his Masters name, for his more security also; yet neverthelesse having once caught him in his net, did put him to a violent death.

His successor Clement the seventh did almost this same to the Florentines,* 1.11 to whom, as he had solemnly conditioned to give them their liberties and Immuni∣ties, as likewise to the Spanish Ambassador in his Ma∣sters name, for them, for theirfurther security; yet being once possest of their City, contrary to promise, he subjected it to his Nephew, who having strength∣ned it with strong and mighty Cittadells and forts, did appropriate it to himselfe and his family: Let these Popes (I say) thinke and promise one thing, and doe another;* 1.12 farre be it from any Britan to doe so; as equity and truth is, or ought to be in your hearts, so let truth be in your mindes also.

Sect. 4.

The difference betwixt the auncient and the moderne Ro∣mans in uprightnesse of dealing, instanced by a story of Pompey the Great, and Augustus Caesar.

AND now it shall content me to parallell one example amongst thousands which I could produce, of the honestie and integrity of old Rome with our new Christianized Rome; and then let the indifferent reader judge of the one and of the other;* 1.13 The great Pompey, when he with his Navall Armie (so much renowned in their stories,) had scow∣red all the Mediterranean Sea, then infested with Pi∣rats, having (I say) given his promise of safety to one or two of the most special amongst them, did not violate nor molest them; but that was little; for Augustus Caesar did as much to Crocotas; but herein shewed he his honest minde, that when he had two of his most speciall enemies within his chiefe Galleon, (although for the time but coldly enough reconciled unto him,) and was spoken unto by the Pilot, who ac∣quainted him, that now it was the time to ridde him∣selfe of them both; and if hee pleased, that he him∣selfe should be the man to doe the businesse; No, no, said he; If thou haddest killed them without acquain∣ting mee therewith, then hadst thou done a peece of good service; but now, doe it not, since they are here under my trust.

Quia habita fides ipsam obligat fidem.

We should make our words and actions agree and jumpe together, such Princes who in their life time dissembling grant pardons to offenders, and yet leave it in charge to their successors to be avenged on them, can no wayes be excused: for seeing our intentions do judge our actions; death cannot acquit them of that obligation, besides that the entrant King is made for∣midable at his entrie, who otherwise should enter his Crowne with love and peace.

Sect. 5.

Of the breach of Faith to Enemies: Treacherie at a Siege of Capua: Treacherie and cruelty committed by the Spaniards at a Siege of Genoa. The strictnesse of Ge∣neralls over common Souldiers exemplified, &c.

NEither yet know I how to exempt from the scandall of this fault these two which I read of in the late Italian History;* 1.14 The one, that of the LORD Aubigny at the Siedge of Capua, where he commanded the French without the Towne; and Seigneur Fabricius Colonna within:* 1.15 For the Historie saith, that while the said Colonna was parlamenting on the face of a bastion with the said LORD Aubigny, upon conditions of surrendring; That the (French by the negligent watch of Centinells within, suspecting no hostility during a parle) entred the Citie in fury, and so made Prize of it.

Although it might bee lawfull to all commanders (where there are no covenants made) to take the best advantages of their adversaries that occasion can of∣fer; and though Montaignes, whether favouring his owne countrey, or being mis-informed of the pas∣sages of that Siedge (I know not) thinketh that this Policy was intended or premeditated by that ever up∣right and most valourous Warriour Bernard Lord D' Aubignie (which must be a mistake;) yet the Pre∣cedent and succeeding most valourous and many most generous acts of that ever renouned man, may witnes the contrary; for many French Writers, (as may be seene in Master Quines booke of his life) have so inge∣nuously, honestly and according to his Merit, illustra∣ted his brave acts in so lively Colours, that the ho∣nours, which for them were conferred upon him, would convince one, and confirme their credit that have so largely and truely spoken of him: that it may truly be continued of his worth.

Vivet post funera Virtus.

The other at Genoa, where the Marquesse of Pes∣quierra was commander of the Spanish forces with∣out the Towne, and the Duke Seigneur Octavian Fre∣goso commanding within in the name of the French King; in like manner (and it may be for revenge and compensation of the Capuan cruelty) whilest the two Generalls were under tearmes, yea, and finall condi∣tions of rendring the Towne;* 1.16 The Spanyard (taking advantage of the negligent attendance of those with∣in, who were secure, thinking all ready for the sur∣rendring) entred the City, putting them all to the sword without distinction of Age, Sexe, or condition.

I know not (I say) how to quit these two from the imputation of treachery, except to say, that at times the insolency and fury of poore incensed Souldiers is so hardly suppressed by the threatnings of their Ge∣neralls or Commanders, as is a wonder; yea admit it were in as reformed a Warfare as that whereof the Lord Montagues in his Chapter of Conscience lib. 12. speaketh; where amongst divers others of his notable discourses, he bringeth in a Generall causing to kill a Souldier and rip up his stomack to see the pot¦tage which a poore woman complained he had wrest from her, and with which she was to save her childe from starving, conditionally, that if it were not found there, the Woman playntife should dye, to expiate his death and her false accusation.

But strange it is albeit, this former recited Maxime should hold in Warres; That from a generall Coun∣cell which (as they say) cannot erre, the representative body of the holy Church, the Columne of veritie, that from it (I say) such a decree should have sprung, which may occasion us to say of them as was said of the licentious Souldiers, Quibus, cùm quod libet, lioet, & quod libent, audent, & quod audent, faciunt: O Saecu∣cula, O mores!

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.
• * 1.3

  Of mentall re∣servation, what it is.
• * 1.4

  Cleomenes al∣though packt up a truce with his enemy, for some-dayes, yet in the night surprised them
• * 1.5

  Alexander the great could ho∣nourably say, Malo me for∣tunae pe••iteat quàm victoriae pudeat.
• * 1.6

  The Romane offended with their Legat L. Marcius, be∣cause that in their warres under him with Perseus King of Mace∣don, he used subtilties and circumventi∣ons.
• * 1.7

  The manner observed by the ancients in making their truces, peace, or other pacti∣ons.
• * 1.8

  The termes and words of their cove∣nants.
• * 1.9

  The Grecians branded with that, to be cal∣led, Not keep∣ers of their oathes.
• * 1.10

  Pope Alexan∣der and his nephew Borgia both remarked dishonest in their deeds and words.
• * 1.11

  Other Popes guilty of that same fault.
• * 1.12

  Exhortation to his Countrey-people not to doe so.
• * 1.13

  The integrity of ancient Ro∣mans.
• * 1.14

  Of keeping no faith to ene∣mies.
• * 1.15

  A fault' com∣mitted by our Duke Aubig∣ny at the siege of Capua, or ra¦ther by the in∣solent French under him.
• * 1.16

  A Cruelty committed at Genoa against the French within, by the Spanyard without.