The six bookes of a common-weale. VVritten by I. Bodin a famous lawyer, and a man of great experience in matters of state. Out of the French and Latine copies, done into English, by Richard Knolles

THE FIFT BOOKE OF [ A] [ B] OR CONCERNING A COMMONWEALE.

CHAP. I. ¶ What order and course is to be taken, to apply the forme of a Commonweale to the diuersitie of mens humors, and the meanes how to discouer the nature and disposition of the people.

[ C]

HItherto we haue treated of that which concernes the gene∣rall Estate of Commonweales; Let vs now shew what may be particular to some, through the diuersitie of peoples hu∣mors, to the end that wee may accommodat the publike weale to the nature of the place; and the ordinances of man to the laws of nature, wherof many haue had small regard: but striuing to make nature obedient to their edicts, haue* 1.1 oftentimes troubled, yea ruined great estates. And yet those which haue written of a Commonweale, haue not treated [ D] of this question. For euen as we see a great varietie in all sorts of beasts, and in euery kind some notable alteration for the diuersitie of regions: in like sort we may say, that there is in a manner as great difference in the nature and disposition of men, as there is of countries: yea in the same climats the people of the East are found to differ much from them of the West: And in the same latitude and difference from the Equator, the people of the North differ from them of the South: And which is more, in the same climat, latitude, and longitude, and vnder the same degree, we find a difference betwixt a hilly countrey and the plaines: so at in the same citie, the diuersitie of hills and vallies forceth a diuersitie of humors and dispositions: And townes seated vppon vneuen* 1.2 places, are more subiect to seditions and chaunges, than those that are built vppon an [ E] equall and plaine ground. The citie of Rome, which hath seuen hils, was neuer long without sedition. And Plutarch (hauing not duely examined the cause) doth wonder why there were three factions in Athens of diuers humors: those of the high citie, which they called Astu, demaunded a Popular State; those of the base towne requi∣red Oligarchia, or the gouernment of few; and the inhabitants of the Port Pjree, desi∣red an Aristocraticall State, that is, a mixt gouernment of the nobilitie and the people: whereof wee will soone shew you a naturall cause. And if Theophrastus find it strange that the people of Greece be so different in manners and dispositions, who would not admire to see such contrarie humors in one and the same citie? we cannot impute it to

the mixture of people which haue come thither from all parts, seeing that Plutarch [ F] speaketh of Solons time, when as the Athenians were so little mingled with any other nations, as they held for certaine, that they were issued out of the land of Attica, wher∣in the Orator Aristides doth glorie. In lik sort we say the Swissers (hauing their ori∣ginall out of Sweden) to be verie different in manners, nature, and gouernment: for although they be more strictly allied than euer any nations were, yet the fiue small can∣tons of the mountaines, and the Grisons, are held more fierce and more warlike, and do gouerne wholy popularly: the rest are more tractable, and are gouerded by an Aristo∣cratie, being more enclined thereunto, than to a Popular estate. It is needfull to haue a speciall care to the nature and inclination of the people, if wee will chaunge an estate* 1.3 as it happened in Florence, about an hundred years since, when as the Commonweale [ G] by succession of time was almost chaunged into Aristocratia, the citisens beeing so en∣creased, as they were forced thrise to enlarge the compasse of their walles. For the preuention whereof the Senat was assembled, and the matter propunded: whereas the Senatour Vespucius did show by liuely reasons, That an Aristocraticall estate was without all comparison the most sure, and farre better than a Popular gouernment; giuing for an example the state of Venice, flourishing vnder the commaund of few gen∣tle men: but Antonie Soderine maintained a Popular estate, and preuailed; saying, That* 1.4 the nature of the Venetians was proportionable to an Aristocratie, & the Florentines to a Popular estate. We will soone shew if his grounds were true. We read also, that the Ephesians, Milesians, and the Siracusians were almost of the Florentines humor: [ H] for they could not endure any but a Popular estate, nor allow any one to exceed his companions, banishing euen those that surmounted in vertue: and yet the Athenians, Ephesians, and Milesians, were much more mild and tractable; so were they much neerer the East: and contrariwise the Siracusians, Florentines, and Carthagineans, were* 1.5 much more fierce and rebellious, beeing more Westward. The people of the East haue much more ostentation and many words, in the iudgement of all auntient wri∣ter, and euen of the ambassadour of the Rhodiots, excusing the fault of his maisters, vp∣on their naturall inclination, making mention also of the naturall vices of other people, Gentes aliae (inquit) iracundae, aliae audaces, quaedam timidae, in vinum ac venerem pronio∣res aliae sunt, Atheniensium populum fama est celerem & supra vires audacem ad conan∣dum, [ I] Lacedemoniorum cunctatorem: non negauerim & totam Asiae regionem inaniora* 1.6 parere ingenia, & nostrorum tumidiorem sermonem esse, Some nations (said he) are cho∣lerike, others bold; some fearfull, others prone to wine and women; the people of Athens are said to be sudden, and exceeding bold to attempt any thing; the Lacede∣monians are slow and deliberat: I will not denie, but that all the region of Asia brings* 1.7 forth vaine wits, and ours great talkers. The people of Athens (said Plutarch) were cholerike and pitifull, taking pleasure in flatteries, and enduring easily a scoffe: but those of Carthage were cruell and reuengefull, humble to their superiours, and imperious to their subiects, faint hearted in aduersitie, and insolent in prosperitie. The people of Rome contrarie vnto them were patient in their losses, constant in their victories, mo∣derat [ K] in their passions, hating flatterers, and taking delight in graue and seuere men: so as the elder Cato demaunding the Censorship of the people, said, That they had need of a seuere Censor, threatning to punish vice with seueritie: yet the people desired ra∣ther to chuse him that threatned them, being but of a meane calling, than the greatest* 1.8 noble men▪ that flattered them. The like they did to L. Torquatus, whome the people did chuse Consull without his priuitie: vnderstanding of his election, he told the peo∣ple, That his disposition was such, as he could not tollerat their vices, neither could the people endure his commaundements; and therefore if they were wise, they should

make another choyce: yet was he chosen againe by the people. That which I say may [ A] be easily discerned by the difference of the Athenian and Roman Orators: for these did more respect the maiestie of the people, than those of Athens, who abused the peo∣ple with such insolencie, as one of them hauing assembled the people for matters of state, after that he had made them to attend him long, in the end he came into the plea∣ding place, with a garland of roses, saying vnto them, That hee had resolued that day to feast his friends, and so departed: whereat the people laughed. Another time Alcibiades speaking to the people, let flie a quaile out of his bosome, and the people run after it, and brought it to him againe. If he had done this in Carthage (saith Plutarch) before the people, they would haue stoned him: the Romans would not haue suffered it vn∣punished; for that a citisen of Rome was depriued of his Bourgeship, for that hee had [ B] yawned too lowd before a Censor, as Valerius Maximus doth testifie.

Therefore a wise gouernour of any Commonweale must know their humours, be∣fore he attempt any thing in the alteration of the state and lawes. For one of the grea∣test, and it may be the chiefest foundation of a Commonweale, is to accommodat the estate to the humor of the citisens; and the lawes and ordinanees to the nature of the place, persons, and time. For although Baldus saith, That reason and naturall equitie is not restrained nor limited to a certaine place: that is to bee vnderstood, when as the reason is vniuersall, and not whereas a particular reason of places and persons re∣ceiues* 1.9 a priuate consideration. For which cause wee must varie the estate of the Commonweale to the diuersitie of places; like vnto a good Architect, which doth fit [ C] his building according to the stuffe hee finds vpon the place: So should a wise Politi∣tian doe, who may not chuse what people he will. As Isocrates said in the prayses of Busiris king of Aegypt, whome he esteemeth very much, for that hee could chuse a countrey and a people the fittest in all the world to gouerne. Let vs first speake of the nature of the people of the North and South, and then of the East, and West, and the difference betwixt the mountainers & those that liue in vallies, or in moorish places, or that are subiect to violent winds: then will we shew how much discipline may change the nature and disposition of men, reiecting the opinions of Polybius, and Galen, who held, That the countrey and nature of the place did rule necessarily in the manners of men. And the better to vnderstand the infinit varietie which may be betwixt the peo∣ple [ D] * 1.10 of the North and South, we will diuide all the nations that inhabit the earth, or this side the Equator, into three parts: the first shal be of thirtie degrees on this side the Equator, which we will attribute to the burning Regions, and people of the South: & the thirtie degrees next, to those that inbabit the temperat regions, vnto the sixtieth degree towards the Pole, and from thence vnto the Pole shall bee the thirtie degrees of the nations of the North, and the regions that be exceeding cold. The like diuision may be made of regions beyond the Equator, towards the Antartike Pole: then wee will diuide the thirtie degrees of the burning regions into the moitie, the fifteene first* 1.11 being more moderat, betwixt the Equator and the Tropickes; the other fifteene more burning, vnder the Tropicks: and by the same meanes we will take the fifteene degrees [ E] following of the temperat region, which stretcheth vnto the 45 degree, which hold more of the South, and the other fifteene vnto the sixtieth degree, the which are more distempered in cold, and incline more to the North: and in the fifteene following, vn∣to the 75 degree, although that men bee much afflicted with cold, yet are there many nations and Commonweales. But as for the other fifteene adioyning to the Pole, wee must make no account of them; for that there are few men, which liue in caues like vnto brute beasts (as marchants do report, and histories haue certified.) I* 1.12 haue giuen the reason of these diuisions in a particular booke of the Method of Histo∣ries,

and therefore need lesse now to enter any further into it. These points being con∣cluded, [ F] it shall be more easie to iudge of the nature and disposition of the people. For it is not sufficient to say, that the people of the North haue force, with bignesse & beau∣tie of the bodie, and little wit: and contrariwise, that the Southerne nations are weake, little, blacke, and haue great wits: for that experience doth teach vs, that those people which liue in the extremities of the North, are little, leane, and tamed with cold; the which Hipocrates doth confesse, the which we must reconcile with the rest, in setting* 1.13 the limits as I haue said. And the saying of Hipocrates shall bee vnderstood of those nations that inhabit beyond the 70 degree towards the Poles. We will also allow of the opinion of Hippocrates, and after him of Aristotle, who haue written, That the people of the North haue a flaxen and fine haire. And yet Galen saith, That they [ G] haue the haire red: the which we must vnderstand of those that are about the 60 de∣gree, whereof there are many in England, whome the inhabitants say are issued from the Danes and Swedens, who inuaded England; noting them by their red haire. But from the Baltique sea vnto the 45 degree, and on this side, the people haue commonly flaxen haires. And in old times, when as nations were not so mingled as since they haue bene, they did know a Northerne man by his flaxen haire and his greene eyes; as Plutarch, Tacitus, Iuuenal, and in our times the Baron of Herbestein haue obserued: and* 1.14 as I haue discoursed in my booke of the Method of Histories, and shewed that Amiot in his translation of Plutarch, vpon the towne of Marius, tearmes them red and ches∣nut eyes: wheras he should haue called them greene eyes: the which is verie apparant. [ H] But those which are about the 60 degree, haue in a manner all eyes like vnto Owles, and the colour of the water lookes white in their eyes: they haue a weake sight by day, and see better in the darke, like vnto night Owles, which they call Nictalopes. Of this I was assured of the ambassadour Pruinski, a Lituanian, and of Holster Commissarie of the warres, borne at Ostolcome in Sweden, who is haired like a Kow, and eyed like an Owle: which colour, force, and bignesse, comes (as Aristotle saith) of the interiour heat: as the inhabitants of Affrike haue blacke eyes, for the little heat they haue in their interiour parts, being exhaled by the heat and drought of the sunne: whereas the cold doth keepe in the heat in the Northerne regions, if it be not so vehement as it doth in a maner quench it: for which cause those that inhabit beyond the 75 degree, are weake, [ I] little, and tamed with extreme cold, the which is so vehement, as many die; as the mar∣chants report. And euen the baron of Heberstein writes, That the spittle freezeth* 1.15 sometimes before it falles to the ground, the which may seeme incredible. But it is most certaine that the Baltique sea freezeth in such sort, as whole armies passe from the maine land to the ilands; although the heat in sommer is sometimes so violent, as it burnes not onely the fruits of the earth, but also the houses and villages, as the same au∣thor writes that it hath happened in Moscouie, in the yeare 1524. The which also chan∣ced in Polonia, in the yeare 1552, as Thomas Cromer writes. And the like chaunced in England, in the yeare 1556, as I haue seene by letters from M. de Nouailles ambassador in England fot the French king: in the which he doth assure, That the heat had bene so [ K] vehement, as the flame kindled by the sunne, burnt the fruits and villages throughout a whole countrey. The which Aristotle doth affirme in his Problemes, That the heat* 1.16 is more violent in cold countries than in hoat: but that is to bee vnderstood in watry places. And whereas there is some mountaine which doubleth the heat by reuerbe∣ration; as it happened in the towne of Naim in Gascoine, the which was wholy burnt with the heat of the sunne at noone day, in the yeare 1540: and the towne of Mont∣cornet neere vnto Laon, the which was burnt in the moneth of May, in the yere 1574, after a straunge manner, the fire flying through the streets, and through places farre di∣stant

from the houses where it first began: for the situation thereof is waterish, as I [ A] haue said; and the grossenesse of the vapour retaines the heat, the which the maisters of boat houses know full well; who to spare wood, cast water into their stoues. The Northerne parts then being full of waters, lakes, and fountaines, the vapors which are drawne vp into the ayre, receiue and retaine the heat more violently: as in the Sou∣therne parts it is more vehement vpon the earth. For euen as the heat is more violent in mettall than in wood, and in great wood than in small brush: so the sun hath more* 1.17 effect vpon the earth than in the ayre; and in a vaporous ayre in moyst regions, than in a dry countrey, whereus the ayre is subtill, and without any sencible bodies: which may be the cause that God hath made the Southerne countries more rainie, and lesse waterish: and those places which are moist in the Southerne parts, lie commonly to∣wards [ B] the North, and are couered with mountaines towards the South, as Aquitaine* 1.18 (which is so called for the aboundance of waters) hath the Pyrenean hilles. Barberie hath mount Atlas, which is wonderfully high, out of the which the springs and riuers rise all towards the North (as we read in Leo of Affrike) also the sun casting his beams perpendicularly vpon the countrey, would make that inhabitable, the which is one of the most fruitfull and best peopled countries in the world. And euen as in winter the places vnder ground, and the inward parts of creatures, retaine the heat which doth eua∣porat in summer: euen so it fares with people that inhabit the Northerne parts, which haue the inward heat more vehement than those of the Southerne regions: which heat causeth the forces and naturall powers to be greater in the one than in the other: [ C] and which also doth cause the one to eat more, and to disgest better than the other, for the coolenesse of the region which keeps in the naturall heat. So as those armies which come from the Southerne parts into the North, are more vigorous and lustie; as it was seene in the armie of Hannibal passing into Italy, and the armie of Moores and Ara∣bians, which haue come into Europe: and of seuen thousand Spaniards which passed into Germanie, vnder the emperour Charles the fift: and of fortie thousand Gascoines, which went to succour the king of Sweden, who obtained goodly victories. And con∣trariwise the armies that come out of the North, grow weake and languish, the more* 1.19 they goe towards the South, yea euen in sommer; as it appeared in the Cimbrians, of whome Plutarch witnesseth, That they were all molten with sweat, and languished [ D] with heat which they felt in Prouence, the which would soone haue consumed them all, although they had not bene vanquished by the Romans: as it happened to the French before Naples, & to the Lansquenets which passed into Italie, vnder the com∣maund of Charles of Bourbon and of George Fronsperg, of the which after they had sackt Rome, there died ten thousand without any blow, before the yeare was expired, as Guichardine writes. This doth also plainely appeare in the troupes of cattell which goe out of the North into the South, they loose their fatnesse, and their milke, and fall away: the which Plinie hath noted, and the marchants find it true by daily experience. And euen as the Spaniard doubles his appetite and forces, comming out of Spaine in∣to Fraunce; euen so the French loose their appetites and languish, going into Spaine: [ E] and if he will eat and drinke as he doth in Fraunce, he is in daunger not to continue it long. And euen the nations of the Northerne regions fall a languishing and fainting of the heart, when as the Southerne winds blow: the same reason doth teach vs, why that men and beasts, yea and birds which most suddenly feele this alteration, grow far in winter, and leane in sommer. If Leo of Affrike, and Francis of Aluares, (who haue* 1.20 written the histories of Affrike and Ethiopia) had well obserued this reason, which is naturall, they had not so highly commended the abstinence of those people: for they cannot haue any appetite, the interiour heat wanting in them. Neither must we blame

the people of the North, for that they are more hungry, and deuoure more than they [ F] * 1.21 of the South, considering the inward heat and greatnesse of the men. The same effects are found in the Antartike regions: for 〈◊〉〈◊〉 read in the Histories of the Indies, That Magellan found neere vnto the strait which he called by his own name Giants Patage∣nes, so great and mightie, that eight Spaniards armed were troubled to hold one; but otherwise verie simple. The people of the North get it by force, and they of the South by policie: so they of the middest participat of the one and the other, and are more fit for warre, by the iudgement of Vegetius and Vitruuius: and therefore they haue erected great empires, the which haue flourished in armes and lawes. And the wisedome of God hath so well distributed his graces, as he hath neuer ioined fo•…•…ce with excellencie of wit, neither in men nor beasts: for there is nothing more cruell than i•…•…iustice armed [ G] with power. The people therfore of the middle regions haue more force than they of* 1.22 the South, & lesse pollicie: and more wit than they of the North, & lesse force; and are more fit to commaund and gouerne Commonweales, and more iust in their actions. And if we looke well into the histories of all nations, we shall find, That euen as great armies and mightie powers haue come out of the North; euen so the hidden know∣ledge of Philosophie, the Mathematikes, and other contemplatiue sciences, are come out of the South: and the politike sciences, lawes, and the studie thereof, the grace of well speaking and discoursing, haue had their beginning in the middle regions, and all* 1.23 great empires haue bene there established; as the empire of the Assyrians, Medes, Persi∣ans, Perthians, Grecians, Romans, Celtes. And although that the Arabians & Moors [ H] had for a time ceised vpon the empire of Persia, Syria, Aegypt, and Barbarie, & brought a good part of Spaine vnder subiection, yet could they not subdue Greece nor Italie. And whereas they would haue subiected Fraunce, they were vanquished, and their ar∣mie of 300 thousand men (which they had brought) defeated. In like sort the Ro∣mans haue stretched forth their power ouer all the nations of the South and East, but they preuailed little against them of the North and West: & although they were con∣querors ouer all other people, yet they imploied all their forces, & had somewhat to do to make resistance against the Northerne nations, who neither had walled townes, for∣tresses, nor castles; as Tacitus saith, speaking of the Germans. And although that Tra∣ian had made an admirable bridge vpon the riuer of Danow, and vanquished Deceba∣lus [ I] king of Daciens; yet the emperour Adrian his successour, caused it to bee broken downe, fearing least the people of the North (hauing such a passage open) should en∣ter into the heart of the Roman empire: as they did after that the emperour Constan∣tine had discharged the Roman legions, which guarded the riuer of Rhine and Da∣now: For soone after the Almans, then the Gothes, Ostrogothes, Vandales, Francs,* 1.24 Bourguignons, Herules, Huns, Hongres, Lombards; and in succession of time, Nor∣mans, Tartars, Turkes, and other nations of Scithia, inuaded the Prouinces which the Romans had held. And although the English haue had great victories ouer the French and conquered the country which lieth South to them, yet for these nine hundred yeres they could neuer expell the Scottish men out of the island; and yet it is well knowne [ K] how much more populous France is than England, and England than Scotland. We may obserue the like in the Turkes, a Northerne nation, who hath extended the great∣nesse of their empire to the goodliest regions of Asia, Affrica, and Europe, hauing in a manner subdued all the ilands of the Mediterrannean sea; yet haue they bene defeated by the Tartarians, & are much trouled to make head against the Moscouits. We read, that God did threaten his people by the oracles of his prophets with the nations of* 1.25 the North, foretelling that warre murder, and the ruine of Commonweales should come from thence. For although that men be much diminished in numbers, force, pro∣portion,

vigour, and age, in respect of the auntients (a complaint of most writers by [ A] the historie of Plinie) so hardly vpon the face of the earth shall you now find a citie comparable to Capua (containing thirteene miles in circuit) much lesse matchable to the famous Babylon, which though it were situated foure square in a leuell soile, yet could a good foot man hardly trauell round about it in three dayes: but this notwith∣standing in multitudes of people, in strength of bodies, and large proportion of mem∣bers, the Northerne prouinces do at this day farre excell the Southerne. In regard whereof that militarie discipline of the Romans, which priuileged souldiours at fiftie yeares from future seruice, was not allowable amongst the Lacedemonians; who being nothing inferiour to the Romans, either for strength of bodie, or warlike experience, yet freed their people from the seruice thereof, at fortie: the reason being, for that they [ B] * 1.26 were so much the more vnable to hold out so long as the Romans, by how much the one nation approached more neere to the South than the other. So bring a Scithian from his natiue habitation to the South, and you shall find him presently to droop, and fall away with sweat and faintnesse. And therefore the pirats of the Mediterrannean finding by experience, that the English and Dutch captaines are vnfit for paines taking in those hoat countries, in their markets prize them at a verie low rate. For the people of the North are inwardly hoat, enioying a most dry aire, and therefore more thriftie than the Southerne, who inwardly are cold, according to the propertie of the South, a climat moist by nature. Wherein the Grecians deriuing, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. ab humore, from moisture, are to be beleeued; experience teaching vs, That when the [ C] winds blow from the South, we expect showers; but when from the North, faire wea∣ther and cleere skies. For which reason the people of the North are and haue alwaies bene great drinkers, witnesse the Greeke prouerbe, To drinke like a Scythian, the which Tacitus hath not forgotten, speaking of the manners of the Germans, Diem noctemque (inquit) continuare potando nulli probrū, ita vt craebrae inter vinolentos rixae fiebant, They held it no disgrace (saith he) to sit all day and night drinking: so as oftentimes there fell out iarres among these drunkards. The which is not the fault of the men, but of the region: For such as trauell from the South to the North, will eat and drinke no lesse than they that are home bred. But Tacitus was deceiued, in saying, That the Germans did drinke more and eat lesse, by reason of the coldnesse and barrennesse of the coun∣trey. [ D] But contrariwise seeing that thirst is nothing else but an appetite of cold and moi∣sture, and that hunger is an appetite of drought and heat; and that the people of the North haue the interiour heat much more in comparison than those of the South, they* 1.27 must of necessitie drinke more. In like sort the people of the Northerne regions haue their skins softer, more hairie, and subiect to sweat than the people of the South; which haue the skin hard, little haire and curled, and the skin withered with drinesse, enduring heat easile without sweating: but they cannot well beare with cold, not wet; as appeared in the Spaniards, which died of cold in great numbers vppon the high mountaines of Peruana. And no wonder, for men bred and brought vp in hoat regi∣ons, in colder places inwardly waxe chill, whose bodies if any extraordinarie or sudden [ E] alteration of wether attache (an accident often happening in those Sotherly quarters, especially vpon the tops of those high hils) it must needes follow, that their naturall heat, both inward and outward, do vtterly forsake them: the contrarie whereof beti∣deth the Scythian, who by nature being inwardly hoat, by cold becommeth so much the more able and couragious, by how much the cold forceth the outward heat vnto the heart, the true seat and center of liuely heat. Yea the report, how subiect the Sou∣therne people through want of inward heat are to loosenesse and the bloody flixe, al∣most passeth credit, albeit most true: Whereas on the contrarie the countries situated

Northwards, abounding with riuers and lakes, do enure mens bodies to fogges & cold [ F] moistures, and that in such able manner, that Scythians do oftentimes defeat their ene∣mies by their ambuscadoes hidden in deepe marishes; testified by Herodianus, who writeth, That the Germans infested the Romans with their missiue weapons, them∣selues standing safe in the middest of the waters. Which secret of nature Galen not well vnderstanding, seemeth to wonder at, especially for bathing their new borne in∣fants in cold •…•…unning riuers; a custome vsed in like manner by the Ausonij,

Natos ad flumina primùm, Deferimus, saeuoque gelu dur•…•…mus & vndis:

Our new-borne babes at first to springs we bring, [ G] T'endure cold stormes their bodies so enuring.

The ground of which German custome Iulianus surnamed the Apostata writeth to be, that this people held an opinion, That the true borne children would flote vpon the waters, but the base and bastards would sinke to the bottome. And euen as the peo∣ple* 1.28 of the North doe languish soone with heat, so are they soone wearied and tyred with labour in the Southerne parts, or in a hoat season. The which was first knowne at the battell of Plombin, whereas the Celtes being inuironed with two armies of the Romans, fought valiantly: but after they had spent their first furie, they were soone vanquished. Polybius saith, That to vanquish the Celtes, you must but ward their blows [ H] for a time, and yet they were held inuincible, Caesar holds the same opinion of the Gaules, That in the beginning of a battell they were more than men, but in the end lesse than women. The which is more naturall to the Germans, and other people of the North (as Tacitus saith) who had knowne them by long experience: For the Gaules, especially those of Languedouich, hold the middle region betwixt the cold and extreame heat, although the qualitie of the Westerne region makes the country more cold. And those which are in the middest are impatient of cold or heat: the which Cae∣sar doth witnesse of the Gaules, who suffet cold more easily than the Spaniards, and heat than the Germans. And euen as the people of the middle regions hold of the two extreames in humor, so doe they agree with the one and the other in manners and [ I] * 1.29 complexions: and as God by his admirable wisedome doth vnite all things by conue∣nient meanes to their extremities. In like sort we see that hee hath obserued the same order betwixt the nations of the North and South, which can neuer concurre together for the contrarietie of manners and humors that is betwixt them. The which is a thing verie considerable, when there is any question to treat a peace, or to make a league betwixt two nations so contrarie, or to lead them both forth to the warre toge∣ther; you must place that nation betwixt them that doth participat of both their na∣tures, and that haue their affections more moderat. As Galen saith, That the Germans and Arabians haue not that commendable ciuilitie which is in them that are borne in Asia the lesse, the which is not onely betwixt the Pole and the Equator; but also be∣twixt [ K] the East Indies and Fraunce Westward: A countrey for this vertue so highly* 1.30 commended by Tully, that he doubteth not to affirme, That therein not onely rested the mirror of ciuilitie, but that from thence it hath bin deriued to all forreine nations. But I am not of their opinions, who draw their arguments of ciuilitie and ba•…•…barisme from the effects of heate and cold, finding euery day by common experience, that the Southerne people go beyond al other nations in quicknes of wit, whereas barbarisme and rude behauiour proceede from ignorance and want of education, a lesson long ago verified by Herodotus, who for good wits and ciuill behauiour commendeth the

Aegyptians before all other people of what nation soeuer. And after him Caesar (in his [ A] Commentaries of the ciuill warres) gaue them the like priuilege, saying, That the Ale∣xandrians did so artificially counterfeit the Roman engines of warre, as it seemed the Romans were but their apes, he vseth these words, Ipsi homines ingeniosissimi ac subti∣lissimi, The men themselues were verie wittie and politike: And yet Aegypt is partly vnder the Tropique, whereas the heat is more violent than vnder the Equator, by the iudgement of Possidonius and the Spaniards. The Romans held the like opinion of the people of Affrike, whom they called Paenos, who had often deceiued the Romans, and ouerthrowne their forces by policie. So Columella tearmes them Gentem acutissi∣mam, A most subtill nation: But yet they had not such excellent wits as the Aegyptians, neither are they so neer the South. And without any further search we haue the proofe [ B] therof in this realm, where the difference is apparent in regard of the English, who com∣plained to Philip of Comines with admiration, for that the French lost most commonly in their warres against them, and won still in their treaties. Wee may write the like of the Spaniards, who neuer made treatie for these hundred yeares with the French,* 1.31 but they had the aduantage: the which were long to repeate in particular. I will onely produce the treatie of Cambresis, made in the yeare 1559. It cannot bee denied but the forces of Fraunce were great and sufficient to withstand a mightie enemie, yet the Spaniard got more by this treatie, without striking stroke, than they had done be∣fore* 1.32 in fortie yeares, neuer hoping (as they confessed afterwards) to draw Sauoy no•…•… [ C] Piedmont out of the hands of the French: For although the duke of Sauoie, a vertu∣ous and a generous prince, deserued much, as well for the equitie of his cause, as for the alliance of the house of Fraunce, yet he expected not so happie an issue of his affaires: the which was cunningly handled by the Spaniard, which reaped both thankes, and the greatest fruits of this treatie, hauing so much diminished the state of Fraunce (which stretched euen vnto the gates of Milan) and set the duke of Sauoy as it were a barre be∣twixt Italie and Fraunce, to shut vp the passage that the French might pretend no more in Italie. It cannot be denied, that such as had the charge to capitulat for the French, did not shew so great discretion, faith, and loyaltie, as they might: but I vnderstand from one of good credit, that it was resolued in the councell of Spaine, That they should pro∣long [ D] the treatie all they could; for that the nature of the French was so sudden and* 1.33 actiue, as they would easily yeeld to that which was demanded, being tired with many iourneies, and the ordinarie tediousnesse of the Spaniard, the which was not forgotten in this treatie. It was also obserued, That in all the sittings and assemblies made by the deputies, alwaies the French were first come, and although they had set all their people to watch, that they might sometimes enter the last; yet were they still deceiued by the subtiltie of the Spaniards, and impatience of the French, who seemed by this meanes to sue for peace. This fault is not to bee imputed to them that had the charge to treat a peace, but vnto nature, which is hardly vanquished. For we read the like of the ambas∣sadours of Fraunce, conferring with the ambassadours of the emperour, of Venice, [ E] Spaine, and Ferrare, before Francis Sforce duke of Milan. Our manner (saith Philip de Comines) is not to speake treatably, as they doe: for wee speake sometimes two or three together, so as the Duke said, Ho, one to one. Whereby we may iudge as in any other obseruations, That the nature of the Spaniard (being much more miridio∣nall* 1.34 than we) is colder, more melancholike, more staied, more contemplatiue, and by consequence more ingenious than the French; who by nature cannot stay to contem∣plat, being cholerike and full of spleene, the which makes him more actiue and prompt, yea so sudden, as he seemes vnto the Spaniard to run, when hee goes but his ordinarie pace: for which cause both the Spaniard and the Italian desire to haue French men to

serue them, for their diligence and quicknesse in all their actions: so as yerely there go [ F] infinit numbers into Spaine; as I haue seene being at Narbone, especially out of A•…•…∣uergne* 1.35 and Limosin, to build, plant, till their lands, and doe all manuall workes, which the Spaniard cannot doe, but would rather die for hunger, he is so slothfull and heauie in al his actions. When as N. Strossie Prior of Capoua, attempted to surprise Valencia in Spaine, by meanes of the French gallies, whereof he was then Admirall: the practise being discouered, the Viceroy sought to expell all the French out of Valencia, which were found to be ten thousand: for whose loyaltie the Spaniards stood bound, rather than they should depart: which shewes how greatly that countrey is peopled with French. And without doubt those which are bred of the mixture of those two nati∣ons, are more accomplished than either of them: For in the Spaniard wee desire more [ G] viuacitie and cheerefulnesse, and to haue the actions and passions of the French more moderat: and it seemes the Italian doth participat of the one and the other, Italie bee∣ing in the most temperat situation that can be, betwixt the Pole and the Equator, and in the middest of Asia, Affrike, and Europe, bending a little towards the East & South. And euen as they which liue at the extremities of the Poles, are Flegmatike, and at the South melancholie; euen so they which are thirtie degrees on this side the Pole, are more sanguin; and they which approach neerer vnto the middest, more sanguin and cholerike; and then drawing towards the South, more sanguin and melancholike: so* 1.36 their complexion is more blacke and yellow, blacke being the colour of melancholy, and yellow of choler. Galen confesseth, That flegme makes men heauie and dull; blood [ H] cheerefull and strong; choler, actiue and nimble; and melancholy, constant and graue:* 1.37 and according to the mixture of these foure humors, more or lesse, so many varieties there be, which Theodore Duca of the house of Lascare emperour of Constantinople hath laboured to comprehend in 92 kinds, not onely for the foure humors, but also for the three parts of the soule, Reason, Anger, & Appetite (or Desire:) but for that his opi∣nions are not grounded vpon the proofe of any example, nor vpon necessarie reason; and for that he makes no distinction of the parts of the world, neither of moist places, hilly nor windie, from those that are drie, plaine, and temperat: neither for that he hath not denied those people which haue bene brought vp in ciuill discipline, from the rude and barbarous, in this varietie of soules and humors which he hath supposed, wee will [ I] follow that discipline which seemeth most agreeing to reason and nature, & hath beene confirmed by many examples. Auntient histories do agree, That the people of the North are not malitious nor craftie, as the nations of the South be. And Tacitus spea∣king* 1.38 of the Germans, saith, It is a nation that is neither subtill nor craftie, discouering their secrets as it were in jest, and then they goe easily from their promises. The like iudgement we find of the Scythians in Herodotus, Iustin, Strabo, Plinie, and Vegetius, & therefore auntient princes as well as at this day, had no other guards for their persons than Scythians, Thracians, Germans, Swissers, and Circassians. And euen the Seigne•…•…∣rie of Rhaguse or of Genes, haue no other guards but Germans and Swissers. And which is more, the kings of Affrike beyond mount Atlas, haue none other guard but [ K] souldiours of Europe; who although they be Mahometans, yet had they rather trust in Christians that haue abiured their faith, than in those of the countrey; the which was first put in practise by the great Mansor emperour of Affrike and of Spaine: and here∣tofore the king of Tunis had 1500 light horsemen of Christians renigadoes, and his guard of Turkish and Christian slaues, as Leo of Affrike saith; knowing well that the people of the North haue more force than subtiltie, and hauing receiued entertain∣ment of any prince, they alwayes remaine faithfull for the guard of his person, and to reuenge his iniuries (although he be a tyrant) neuer aspiring to his estate. And therfore

Chereas captaine of the guard to the emperour Caligula, hauing slaine the emperor, was [ A] * 1.39 presently murdered by the guard, which were Germans, who could not (as Iosephus writeth) forbeare reuenge. In like sort the antients haue obserued a barbarous crueltie in the people of the North: for euen Thucidides son to Olorus king of Thrace, tearmes the Thracians a most cruell nation: and Taritus speaking of the Germans, They doe not (saith he) put the guiltie to death after order of law, but by crueltie, as enemies. I will let passe the auntient, and content my selfe with late examples. Wee haue none more notable than that of George captaine of the rebels in Hungarie, beeing taken by them of Transiluania, they caused his souldiours and companions to fast three dayes, and then gaue them to eat their captaine halfe roasted, and his bowels boyled. I omit* 1.40 the straunge cruelties of Dracula duke of Transiluania, and of Otton Trucces, who cau∣sed [ B] the murtherer of his lieutenant to be roasted with a slow fire, during the commons 〈◊〉〈◊〉: and of late Grombache a German, was condemned to haue his heart pulled out being aliue, and to haue his face beaten therewithall, by Augustus duke of Saxonie in the castle of Goth. We find also, that the breaking vpon the wheele was inuented in Germany, and the impaling or setting men vpon stakes aliue, in Tartaria. Neither is it lesse cruell in Tartaria, to force them that are condemned, to breake their owne neckes, or els to whip and torment them: Which makes men to thinke, that the cruelties of the king of Moscouie published and printed, are verie likely. For the lesse reason and iudgement men haue, the more they approach to the nature of brute beasts, who can∣no more yeeld to reason and gouerne their passions than brute beasts. And contrari∣wise, [ C] * 1.41 the people of the South are cruell and reuengefull, by reason of melancholie, which doth inflame the passions of the soule with an exceeding violence, the which is not easily suppressed. Polybius speaking of the wartes of the Speudians, and Carthagi∣neans, people of Affrike, he saith, That there was neuer seene nor heard of any 〈◊〉〈◊〉, where there was more treacherie and crueltie: and yet they are but toyes in respect of* 1.42 the horrible treacheries mentioned by Leo of Affrike (and in our age) betwixt Muleas∣ses and his owne children. And euen the king of Tenesme beeing solicited by Ioseph king of Marocco to submit himselfe vnder his obedience, which his grandfather had reiected, he slew his ambassadours; wherewith the king of Marocco beeing insenced, put a million of people to the sword in the realme of Tenesme, leauing him neither [ D] towne, castle, house, beast, nor tree. And speaking of Homar Essuein a minister to Ma∣homet, seeking to make himselfe king, after that he had forced the fort of Vngiasen, hee was not content to put all to the sword, but he cut & tare the children out of their mo∣thers wombes. And the same author writes, That Isaak king of Tombut in Affrike, hauing taken the king of Gagao, he caused him presently to bee put to death, and his children to be guelt to serue him as slaues, doing the like vnto al the kings he takes. We read of the like cruelties or greater at the West▪Indies, newly discouered: for the Bra∣silians are not contented to eat the flesh of their enemies, but will bathe their children in their blood. But the crueltie is more remarkable, when as they doe execute any one that is condemned by law; the which should be done without passion, and free from [ E] reuenge. Yet we read of punishments that were vsed in old time among the Persians, which exceed all crueltie: and in Aegypt at this day they flea them aliue which rob by the high way, then they stuffe the skin full of hai•…•… and set it vpon an Asse, by his side* 1.43 that is so fleaed: Which cruelties the people that liue betwixt both these extreames can neither see nor heate without horrour: and therefore it seemes, that for this cause the Romans suffred them that were condemned, to die of hunger, and the Greeks gaue them hemlocke (which is a sweet poison) to drinke: and those of Chio did temper it with water, and the Athenians with wine, to take away the bitternesse thereof, as Theo∣phrastus

saith. We may therefore note the difference of crueltie betwixt the people [ F] of the North and South: for that the first are transported with a brutish violence, like beasts without reason: and the other (like vnto foxes) imploy all their wits to glut themselues with reuenge: and euen as the bodie cannot bee purged of melancholy but with great difficultie, so the passions and perturbations of the mind, which grow by a setled melancholy, are not easily pacified. So as they which are possessed with this hu∣mor, are more subiect vnto frensie than any others, if they find not wherewithall to sa∣tisfie* 1.44 their affections. And therefore there are more mad men in the Southerne regi∣ons, than towards the North. Leo of Affrike doth write, That in the kingdoms of Fez and Marocco there are great numbers: And euen in Grenado (which is more Sou∣thernly) there are many hospitals for mad men onely. The varietie of mad men shews [ G] the naturall humour of the people: for although there bee store of fooles and mad men in all places and of all sorts, yet those of the Southerne parts haue many ter∣rible visions, they preach and speake many languages without learning them, and are sometimes possest with euill spirits, hauing leane bodies, more like vnto ghosts then those corpulent and sanguin men towards the North, which do nothing but dance,* 1.45 laugh and leape in their fooleries: and in Germanie it is called the disease of S. Victus, the which is cured by musick: whether that the sweet harmonie thereof doth recall the reason which was distempered, or whether that musick doth cure the infirmities of the bodie by the mind, as the phisick doth cure the mind by the bodie, or that euill spirits which do sometimes torment mad men are expelled with this diuine harmonie, [ H] delighting in nothing but in discords: or as we reade that the euill spirit hearing the sound of a harp fled, and left Saul in rest, which seemes to haue been the cause why Eli∣zeus when he would prophecie before the kings of Iuda and Samaria, he caused one to play of an Instrument. And when as Saul was encountred by the holie troupe of the Prophets playing vpon instruments of musick, presently the spirit of God fell vpon him. Oftentimes euill spirits doe applie themselues to the humor of mad men: for chollerike men strike in their furie, which happens not in those that are of a sanguin complexion, and much lesse in them that be flegmatike, which haue a Lethargie, the which is a dull and sleeping furie. And for that the melancholike man is the wiser, if he chance to fall mad, his furie is the more incurable, for that a melancholike humor suf∣fers [ I] not it selfe to be gouerned as the rest: those that be sanguin, although they be not so often furious, yet are they often mad, the which is neuer incident to wise men, for Tully sayth, Furor in sapientem cadere potest, insania non potest, & furioso curator datur,* 1.46 non insano; quia insanus dicitur, qui suis cupiditatibus imperare nescit: Furie may well fall into a wise man, but not madnes: a gouernor is giuen to a furious man, but not to a mad man, for he is called mad that cannot rule his owne desires. As touching that which we haue said, that the people of the South are commonly more graue, more discreet, and more moderate in all their actions: it is plainely seene not only in diuers other nations, but also in this realme, which seemes to be the cause that those which haue made the customes, haue limited them to be of full age that liue towards the [ K] North at 25. yeares, and the others at 19 or 20 yeares, except it bee in those countries which border vpon the sea, whereas the people (by reason of their trafficke) are more politike. I cannot without the note of ingratitude to mine owne countrie forget the iudgement which the auncients haue giuen of the citie of Angiers, as it is to be seene in the letters pattents of king Charles the 5 called the wise, the which he granted for the priuiledges of the Vniuersitie of the said citie in these words, Quod{que} inter regiones alias Regni nostri, ciuitas Andegauensis veluti fons scientiarum irriguus, viros alti consilij solet ab antiquo propagatione quasi naturali prouidere: For that among other prouinces of

this our realme, the citie of Angers like vnto a flowing spring of all sciences, is wont to [ A] send forth men of great knowledge and iudgement, as it were by a naturall propaga∣tion. These letters are dated the first of August in the yeare 1373.

We haue yet another notable difference betwixt the people of the South and of the North, for that these are more chast and abstinent, and those of the South much giuen to lust, the which growes by reason of the spongious melancholie, so as all Mon∣sters do commonly come from Affrike, which Ptolomie saith to be vnder Scorpio and* 1.47 Venus, adding moreouer, that all Affrike did worship Venus: and Titus Liuius speaking of the Numidians (who were the most Southerly of all the Romans subiects or allies) The Numidians (sayth he) were giuen to venerie more than all the other Barba∣rians. Wee read also that the kings of Affrike and Persia had alwaies great troupes [ B] of wiues and concubines, the which is not to be imputed to their depraued customes, for that at the West Indies king Alcazares had 400 wiues: and the father of Attaba∣lipa the last king of Peru, (who was defeated by Pizarre) had 200 wiues, and fiftie children: and the king of Giolo had 600 children: so many had Hierotimus king of the Parthians, who had also a great number of wiues: and Surenus Generall of that armie of the Parthians which defeated Crassus, had ten thousand. The Scythians and Germaines haue enough of one wife: and Caesar in his Commentaries sayth, that the Englishmen in his time had but one woman to ten or twelue men: and many men in* 1.48 the North parts knowing their owne insufficiencies, geld themselues in despight, cut∣ting [ C] the vaines Parotides vnder the eares, as Hippocrates sayth: who seeking out the cause of this disabilitie, concludes, that is for the coldnes of the bellie, and for that, they are commonly on horseback: wherein he is deceiued, for Aristotle holdeth, that agi∣tation doth prouoke; and as for want of heate, it is most certaine that those which dwell in cold countries abound with heate inwardly, as it appeares by the corpulencie and strength of those Northen nations: and contrarywise those of the South are very cold. It is the nature of melancholie which abounds most in them of the South, the which being frothie, prouokes to lust, as Aristotle writes in his Problemes, where he* 1.49 demaunds why melancholike men are most lecherous: the which is notorious in the Hare, the which is the most melancholike of all other creatures, and which only con∣ceiues [ D] being big with yong, as well the male as the female, as M. Varro, and other wri∣ters do witnesse, and experience hath taught vs; so as we may say they are much decei∣ued which haue so much extolled the pudicitie and chastitie of the Scythians, Ger∣maines, and other Northen nations, as Caesar writes in his Commentaries. Among the Germaines (sayth he) it is a dishonest and villanous thing for a man to know a wo∣man before the age of 25 yeares, which thing they conceale not: and Tacitus sayth,* 1.50 there are none but the Germaines among the barbarous nations that content them∣selues with one wife: yea sometimes they liue in perpetuall chastetie, as the Emperour Henry 2. did, and Casimir 1. king of Poland, and Ladislaus king of Bohemia would ne∣uer marrie; the which was not for that they were chaste, but rather through a naturall [ E] weakenes: and Ihon 2. great Duke of Muscouia, did so abhorre women, as he did euen sound at the very sight of them, as the Baron of Herbestein doth write, speaking of the Muscouites, They neuer see their wiues (saith he) vntill the day of their marriage. The people of the North are so little subiect to iealousie, as Alcomer a Germaine, and Ireni∣cus do write in commendation of their countrie, that men and women throughout all Germanie doth bathe together pel mel, yea and with strangers, without any touch of iealousie, the which as Munster sayth, is not knowne in Germanie: whereas contra∣riwise those of the South are so passionate, as oftentimes they dye of that disease. Being* 1.51 sent into England with an Ambassage, I heard Mendoza the spanish Ambassadour

say, That it was a shamefull thing to see men & women sit together at holie sermons: [ F] to whome Doctor Dale Master of Requests answered pleasantly, That it was a more shamefull thing for Spaniards to thinke of satisfying of their lusts euen in holie places, the which was far from Englishmens minds. We reade in the historie of the Indies that the king of Puna was so iealous, as he did cut off the priuie parts, with the noses and armes of those Eunukes that attended of his women. The people that inhabit the middle regions hold a mediocritie in all this, but the most part of them allow but one lawfull wife: and although that Iulius Caesar did persuade Helu•…•…dius Cinna to publish the law of Poligamie (or manie wiues) to the end that Cesarion (whom he had by the Queene Cleopatr•…•…) might be legitimate, yet this lawe was reiected: and the same lawe being reuiued by Ihon Leiden a cobler, hauing made himselfe king of Munster in [ G] Westphalia, did more trouble their estate than all the other lawes and alterations which he made. But the Romaine Emperours made a generall lawe to all nations without any distinction, noting him with infamie that had more than one wife: and since, that punishment of infamie hath been made capitall within this realme. But the Romane lawe hath been of no force in Affrike, for the inconueniences that happened; as it is incident to all those that seeke to applie the lawes of the people of the South to* 1.52 them of the North, making no difference of their dispositions, wherein many haue beene much deceiued, and euen Cardan, who sayth, That man is wiser than all other creatures, for that he is more hote and moyst; the which is quite contrarie to the truth, being most apparant that the wisest beasts are colder than any other, in the opinion of [ H] Aristotle. In like sort among militarie punishments, one was, to let the souldier bloud that had offended, for that those which abound in bloud had the passions of the mind more violent and lesse obedient vnto reason. Of all beasts the Elephant is held to be the wisest, of the Antients, for that their bloud is coldest; and the most melancholike of all others, the which makes them leapers: and to this leprosie the people of the* 1.53 South are much subiect, the which was called by the Antients Elephantiasis, a disease vnknowne in Greece before Plutarch, or in Italie before Pompey, as Plinie writes. But he deceiues himselfe to say, that it was proper to the Egyptians, for all the coast of Af∣frike abounds with them; and in Ethiopia it is so common, as the leapers are not sepa∣rated from the sound. But Leprosie differs from Elephantiasis, the which is a great swel∣ling [ I] in the thighes and legs, and leprosie is a canker or infection ouer the whole bodie. It may be this melancholie is the cause of long life, for all the Ancients consent, that the Elephant liues three and foure hundred yeares, and Rauens more, who haue little* 1.54 bloud, and that very melancholie. Francis Aluarez reporteth, that he had seene Abuna Mare Bishop of Ethiopia who was 150 yeares old, and yet verie lustie, which was the greatest age that euer was found in the Censors registers at Rome. And we must not wonder if Homer sayth, that Memnon king of Ethiopia liued fiue hundred yeares, for Xenophon long after writes, that in the same countrie there were men that liued sixe hundred yeares: but those of the South haue verie drie bodies, and are subiect to the falling sicknes, quartaine agues, and the Kings euill. Hereby we may iudge, that [ K] the people of the South are infected with great diseases of the bodie, and notorious vices of the minde: and contrarywise there are no people that haue their bo∣dies better disposed to liue long, and their minds apter for great vertues. So Ti∣tus* 1.55 Liuius hauing much commended Hannibal for his heroicall vertues, These great vertues (saied hee) were accompanied with as great vices, inhumane cruelty, trea∣cherie, impietie, and contempt of all religion: for greatest spirits are subiect to grea∣test vertues and vices. Wherein the auntient writers haue bene deceiued, commen∣ding so highly the vertue, integritie, and bountie of the Scythians, and other people of

the North, and condemning the vices of the South: For he deserues no prayse for his [ A] bountie, that hath no wit, and that cannot be wicked, for that hee knoweth no euill;* 1.56 but he that knoweth euill, and how to put it in practise, and yet is an honest man. In like sort Machiauel was ouerseene, saying, That the Spaniards, Italians, and Frenchmen, were the wickedest people in the world; shewing thereby, that he had neuer read any good booke, nor knowne the disposition and differences of nations. But if wee shall looke more narrowly into the disposition of the people of the North, of the South, and of them that are betwixt both; we shall find that their natures are like vnto young men, old men, and them of middle age, and to the qualities which are attributed vnto them. In like sort euerie one of those three in the gouernment of the Commonweale vseth that which he hath most at commaund: The nations of the North, by force; [ B] those in the middest, by equitie and iustice; and the Southerne parts, by religion. The* 1.57 magistrat (saith Tacitus) commaunds nothing in Germanie, but with the sword in his hand. And Caesar writes in his Commentaries, That the Germans haue no care of reli∣gion, and make no account of any thing but of warre and of hunting. And the Schy∣thians (saith Solinus) did sticke a sword into the ground, the which they did worship, placing the end of all their actions, lawes, religions, and iudgements, in their force and armes. We find that combats came first from the people of the North, as wee haue said elswhere: all the lawes of the Saliens, Francons, English, Ripuaries, and other Nor∣therne nations are full of them: And the law of Fronton king of Denmarke would haue all controuersies decided by single combat: Which lawes could neuer be abro∣gated, [ C] although that both popes and other princes haue laboured much, not conside∣ring that the naturall disposition of them of the North, is quite contrarie to them of the South. And at this present in Germany they make great account of the Reisters law, the which is neither diuine, humane, nor canonicall; but the stronger commands the weaker: as Brennus captaine of the Gaules said vnto the treasuror Sulpitius. The middle nations are more reasonable and lesse strong, they haue recourse vnto reason, vnto judges, and vnto suits. It is most certaine, that lawes and the manner of pleading are come from the people of the middle nations; as from Asia the lesse (whereas great Orators and Pleaders were in credit) from Greece, Italie, and Fraunce: whereof a cer∣taine Poet speaketh, Gallia causidicos docuit facunda Britannos, Eloquent Fraunce hath [ D] taught the pleading Brittons. It is not at this day alone, that Fraunce hath beene full* 1.58 of suits and contentions, the which cannot be altered and taken away, vnlesse they change the nature and disposition of the people: and it is much better to decide all controuersies by law, than by the sword; the one is fit for reasonable creatures, the o∣ther for brute beasts: and to conclude, all great Orators, Law-makers, Lawyers, Hi∣storiographers, Poets, Comedians, and others which draw vnto them the hearts of men with goodly discourses and sweet words, are in a manner all of the middle nati∣ons. We see in the histories both of the Greeks and Latins, before they attempted the least warre, the matter was debated with many solemne orations, denominations, and protestations: the which the people of the North do not vse, who presently fall to [ E] * 1.59 armes, and euen as the one vse force only like vnto Lions, so they of the middest arme themselues with lawes and reasons. In like sort the people of the South haue recourse vnto craft and subtiltie, like vnto Foxes; or vnto religion: for eloquent discourses agree not with the grosse wits of the Northerne people, and they are too base for them of the South, who allow not of any legall reasons or rhetoricall suppositions, which hold truth and falshood in suspence, but they require certaine demonstrations or diuine o∣racles, which exceed any humaine discourse. So we see that the people of the South, the Aegyptians, Caldeans, and Arabians, haue brought to light the hidden sciences both

naturall and mathematicall, which torment the greatest wits, and force them to con∣fesse [ F] the truth: and all religions haue in a manner taken their beginning from the peo∣ple of the South, and from thence haue been dispersed ouer the whole earth: not that God hath any acception of places and persons, or that he doth not suffer his diuine light to shine vpon all men; but euen as the Sunne is seene more easily in a cleere and still water than in that which is troubled and filthie, so in my opinion the heauenly light doth shine far more brighter in pure and cleane spirits, than in those which are poluted with base and earthly affections. And if it be so that the true purifying of the soule is by his heauenly light, and by the force of contemplation in the most perfect subiect; without doubt they shall soonest attaine vnto it which haue their soules raui∣shed vp into heauen; the which we see happen vnto melancholike men, which haue [ G] * 1.60 their spirits setled and giuen to contemplation, the which is called by the Hebrewes and Accademiks a pretious death, for that it drawes the soule out of this earthlie bodie* 1.61 vnto spirituall things. It is no meruaile then if the people of the South be better go∣uerned by religion, than by force or reason, the which is a point verie considerable to draw the people, when as neither force nor reason can preuaile: as we reade in the hi∣storie of the Indies, that Christopher Colombus when he could not draw the people of* 1.62 the West Indies vnto humanitie by any flatterie or faire meanes, he shewed them the Moone the which they did worship, giuing them to vnderstand that she should soone lose her light: three dayes after seeing the Moone ecclipsed, they were so amazed, as they did what he commanded them. So the more we draw towards the South, the [ H] more deuout we finde men, and the more firme and constant in their religion, as in Spaine, and more in Affrike: whereas Francis Aluarez, and Leo of Affrike do say, that religion is much more reuerenced and honoured there than in Europe, where among other obseruatiōs Leo notes, That in one citie of Fez there are seauen hundred temples,* 1.63 and the greatest is 1500 paces in compasse, 31 gates, and within it 900 lamps, the yearely reuenue of which temple is 73000 ducates. But Aluarez reports far stranger things of the greatnes of temples, of the incredible fasts and deuotion of the people of Ethiopia, and that the greatest part of the nobilitie and the people make verie strict vowes of religion. The greatest reason that hath so long maintained Ethiopia in that goodlie and florishing estate, and that doth still hold the subiects in the obedience of [ I] their prince and gouernour, is the assured persuasion which they haue (as Aluarez saith) That good and euill comes not vnto them by their friends or enemies, but by the will of God. As for suites, there are fewer than in any part of the world: and which is more strange, they keepe no records in writing of any decrees, iudgements, testaments, or contracts, except the accounts of the receit and expences. Who so should seeke to gouerne those nations by the lawes and ordinances vsed in Turkie, Greece, Italie, France, and other midle regions, he should ruine their estate. In like sort he that should accustome the people of the North to the pleading of France and Italie, should finde himselfe much troubled, as it hapned to Mathias king of Hongarie, who sent for Iud∣ges out of Italie to reforme the iurisdiction of Hongarie, but in a short time the people [ K] were so troubled with this canonicall pleading, as the king was constrained (at the re∣quest of his Estates) to send back his Italian Iudges into their countrie. So Ferdinand king of Spaine sending Pedrarias Viceroy to the West Indies, the which then were newly discouered, he did expresly forbid him to carrie any lawyer or aduocate with* 1.64 him, to the end he should not sow any seeds of sutes and pleading where as there was not yet any. But who so should seeke to roote out all sutes and processes in France and Italie, he should thrust the people into perpetuall seditions: for euen the Iudges them∣selues being vnable to determine and end sutes, for the difficultie and contrarietie of

reasons that are of either side, they oftentimes depute arbitrators, or else they prolong [ A] the sute of purpose to giue the parties occasion to agree friendly, and to discharge their choller vpon the Iudges and aduocates, else they would fall to armes, whereby it ap∣peares that the people of the middle region are more capable to gouerne a com∣monweale, as hauing more naturall reason, the which is proper to humaine actions, and as it were the touchstone to destinguish the difference betwixt good and euill, be∣twixt right and wrong, and betwixt honest and dishonest things. Wisedome is fit to commaund, and force to execute, the which is proper to the people of the North, but* 1.65 they of the South being lesse capable of gouerment, giue themselues wholly to the contemplation of naturall and diuine sciences, and to discerne truth from falshood. And euen as the wisedome to know good and euill is greatest in the people of the mid∣dest, [ B] and the knowledge of truth and falshood in the people of the South, euen so those* 1.66 arts which consist in handie works, are greater in the people of the North then in any other, and therefore the Spaniards and the Italians admire so many and so diuers kinds of works made with the hand, as are brought out of Germanie, Flanders, and England. And as there are three principall parts in the soule of man, that is to say, the imagina∣tiue or common sence, reason, and the intellectuall part, euen so in euery well ordered Commonweale the Priests and Philosophers are imployed in the search of diuine and hidden sciences, being as it were the hart of the citie, the magistrates and officers to commaund, iudge, and prouide for the gouernment of the State, being as it were the reason of the citie: and the common people applie themselues to labour and [ C] mechanicall arts, the which is conformable to common sence.

We may conclude the like of the vniuersall Commonweale of this world, the which God hath so ordained by his admirable wisedome: As the people of the South are* 1.67 made and appointed for the search of hidden sciences, that they may instruct other na∣tions: Those of the North for labour and manuall artes: and those of the middle be∣twixt the two extreames, to negotiat, traffique, iudge, plead, command, establish Com∣monweales; and to make lawes and ordinances for other nations: whereunto those of the North are not so apt for want of wisedome: neither are the people of the South, be it that they be too much giuen to diuine and naturall contemplations; or for want* 1.68 of that alacritie and promptnesse, which is required in humane actions; be it that hee [ D] cannot yeeld in his opinions, dissemble, nor endure the toyle which is necessarie for a man of state; or that he is soone wearie of publike affaires, or that hee is oftentimes ex∣pelied by ambitious courtiers: as it happened to the wise men of Persia, who were sud∣denly put from the gouernment of the state, after the death of Cambises: and to the Pi∣thagorians in Italie. And it seemes this was figured by the fable of Iupiter, who expel∣led his father Saturne out of his kingdome: that is to say, an ambitious and politike courtier dispossessed a Philosopher giuen to contemplation: For who so shall wel ob∣serue the nature of Planets, he shall find in my opinion, that the diuision of them doth agree with the three regions aboue mentioned, according vnto their naturall order, gi∣uing the highest Planet, which is Saturne, to the Southerne region, Iupiter to the mid∣dle, [ E] * 1.69 and Mars to the Septentrionall parts, the Sunne remaining in the middest, as the spring of light equally common to them all. Then followes Venus, proper to the peo∣ple of the South, then Mercurie to them of the middle regions: and last of all is the Moone for the North parts, which sheweth the naturall inclination of the people of the North to warre and hunting, fit for Mars and Diana: and the people of the South to contemplation, besides their disposition to venerie. And the nations betwixt both the qualitie of Iupiter and Mercurie, fit for politike gouernments: the which hath a straunge sympathie in mans bodie, which is the image of the vniuersall world, and of a

well ordered Commonweale: for setting the right hand of man towards the North, [ F] going from the East into the West, according vnto the naturall motion of the world,* 1.70 and the true constitution thereof; as I haue shewed in another place: the right part which is the more strong and masculine, hauing the lyuer and the gall, which the He∣brewes attribute to the Moone and Mars, sheweth plainely the nature of the people of the North to be sanguin and warlike. The left side, which is the feminine part (so cal∣led by the Philosophers) and the weaker, hauing the spleene and the melancholike hu∣mor, discouers the qualitie of the people of the South. Euen so we find more women in the Southerne parts, and more men in the North: for else it were impossible that euerie man in the South countries should haue so many wiues.* 1.71

And thus much as touching the generall qualities of all people: for as for the parti∣cular, [ G] there are in all places and in all countries men of all humors, and subiect to that which I haue said more or lesse. Moreouer the particular situation of places, doth much alter the nature of the countrey. For although there is not any certaine place, whereas we may distinguish the East from the West, as we may the South from the North: yet all auntients haue held, That the people of the East are more mild, more courteous, more tractable, and more ingenious, than those of the West, and lesse war∣like, Behold (saith Iulian the emperour) how the Persians and Syrians are mild and tractable. Who sees not the furie of the Celtes & Germans, & how iealous they are of libertie? the Romans are courteous and warlike, the Aegyptians wittie and subtill, and withall effeminat. The Spaniards haue obserued, That the people of Sina (the whic•…•… [ H] * 1.72 are farthest Eastward) are the most ingenious and courteous people in the world: and those of Brezill, which are farre Westward, the most cruell and barbarous. To con∣clude, if we looke well into histories, we shall find, that the people of the West do par∣ticipat much of the nature of the North; and the people of the East with them of the South in the same latitude. The naturall bountie of the ayre, and of the Easterly winds, is the cause that men are more faire, and of a bigger proportion: and it is straunge, if the plague or any other infectious disease comes from the West into the East, or from the North into the South, it continues not: whereas if they begin in the East, or in any part of the South, they are long and verie infectious: as it hath bene proued by ex∣perience in old times, and at this day the coniecture is infallible in the countrey of Lan∣guedoc, [ I] whereas the plague is ordinarie. I haue noted many examples in another place, the which I omit now for breuitie sake: yet the difference of manners and dispositions of people, is much more notorious betwixt the North and the South, than betwixt the East and the West. But the greatest chaunge in particular, is the difference of hil∣ly places from vallies: and of vallies turned towards the North or towards the South,* 1.73 in the same climat or like latitude, yea in the same degree, which causeth a wonderfull difference betwixt the one and the other: as it is plainly seene in mountaines which stretch from the West to the East: as the Appenin, which diuideth in a manner all Ita∣lie in two, mount Saint Adrian in Spaine, the mountaines of Anuergne in Fraunce, and the Py•…•…enees betwixt Fraunce and Spaine, mount Taurus in Asia, and Atlas in Af∣frike, [ K] which runs from the Atlantike sea vnto the confines of Aegypt aboue six hundred leagues; mount Imaus, which diuides Tartarie from South Asia, the Alpes which be∣gin in France, and continue vnto Thrace: and mount Calphat, which diuides Polo∣nia from Hungarie; the which causeth them of Tuscane to be of a contrarie humor to them of Lombardie, and farre more ingenious: as also wee see them of Arragon and Valence, and other people beyond the Pyrenean hilles, to bee of a different disposition to them of Gasconie and Languedoc, who hold much of the nature of the North; and the people on this side mount Atlas are farre lesse ingenious than the Numidians, and

other nations which are on the other side mount Atlas: for the one are very [ A] white, and the other exceeding blacke; the one subiect to many infirmities, the other sound, cheerefull, and of long life. We must not then maruell if the Florentine (who is towards the East and South, hauing the mountaines at his backe vpon the North & West) be of more subtill spirit than the Venetians, and more aduised in his priuat af∣faires:* 1.74 and yet the Florentines in their assemblies spoile all through the subtiltie of their wits: whereas the Venetians in their councels resolue grauely, as wee haue obserued for these two hundred yeres: for those that haue least wit, yeeld to reason, change their opinions, and referre themselues to men of best iudgement: but so many great spirits being subtill and ambitious, are obstinat, and will hardly yeeld from their opinions: & for that euerie man holds himselfe able to commaund, they will haue a Popular estate, [ B] the which they cannot maintaine without quarrels and ciuill dissentions, by reason of a naturall obstinacie, proper to the people of the South, which are melancholike, and to those which for the particular situation of the place, doe participat of the nature of the South. And euen as they which goe from Bouloigne to Florence, or from Car∣•…•…assonne* 1.75 to Valence, find a great alteration from cold to hoat, in the same degree of lati∣tude, by reason of the diuersitie of the one vallie turning to the South, and the other to the North: in like sort shall they find a diuersitie of spirits. And therefore Plato gaue God thankes, That he was a Grecian, and not a Barbarian; an Athenian, & not a The∣ban; although there be not twentie leagues betwixt Thebes and Athens: but the situa∣tion [ C] of Athens was towards the south, inclining towards Pyrene, hauing a little moun∣taine behind it, and the riuer Asopus betwixth the two cities: so the one was giuen to learning and knowledge, and the other to armes. And although they had one kind of Popular gouernment, yet was there no sedition in Thebes, whereas the Athenians had many quarrels and dissentions for the state. In like sort the Cantons of the Swissers haue maintained their Popular estate verie wisely these foure hundred yeres: the which the Florentines and the Geneuois could neuer (with the excellencie of their wits) doe ten yeares together, without some mutines. For the people of the North, and those that liue vpon mountaines, being fierce and warlike, trusting in their force and strength, desire Popular estates, or at the least electiue Monarchies: neither can they easily en∣dure [ D] * 1.76 to be commaunded imperiously. So all their kings are electiue, whome they ex∣pell if they insult or tyrannize: as I haue obserued of the kings of Sweden, Denmarke, Norway, Poland, Bohemia, and Tartarie, which are electiue.

That which I haue spoken of the nature of the Northerne countries, agrees with the mountaines, the which are oftentimes more cold than the regions that are farre Northward: for in many places they haue snow and yce perpetually: and euen vnder the Equator the mountaines of Peru are so high and cold, as many Spaniards died for cold, and lay long dead before they corrupted; as we read in the histories of the West Indies. Leo of Affrike hath no cause to wonder, why the inhabitants of the high moun∣taine of Megeza in Affrike are white, tall, and strong; and those of the vallie are little, [ E] weake, and blacke: for generally both the men, beasts, and the trees of the mountaine, are of a stronger constitution than the others. And old men vpon mount Atlas of 100 yeres old, are vigorus, as Leo doth testifie. This force and vigour doth cause the moun∣tainers* 1.77 to loue popular libertie, who cannot endure to be braued; as wee haue said of the Swissers and Grisons. And in like sort the inhabitants of the mountaines of Bugia, Fez, Marocco, and Arabia, liue in all libertie, without any commaunder: not through the assurance of any places that are fortified by nature, but for that they are sauage and cannot be reclaimed. The which should serue for an aunswere vnto Plutarchs demand, Why the inhabitants of the high towne of Athens required a Popular estate, & those

of the low towne the gouernment of few: considering the reason that I haue giuen. [ F] He should therefore wrong himselfe verie much, that should seeke to chaunge the Po∣pular estate of the Swissers, Grisons, and other mountainers, into a Monarchie: For although a Monarchie be farre better of it selfe, yet is it not so fit for that subiect.

We must therefore carefully obserue what euerie nation desires, and what they ab∣hor•…•…e; and first you must draw them to a milder kind of life, before you propound a royaltie vnto them, the which is effected by quietnesse and ease, inuring them to the studies of sciences and musicke. And for this cause Polybius saith, That the auntient lawgiuers of Arcadia, had strictly bound the inhabitants of the mountaines of Arca∣dia, to learne musicke, vpon great penalties: thereby to temper the naturall sauagnesse of that people. Titus Liuius also speaking of the Aetolians dwelling on mountaines, [ G] the most warlike and rebellious people of all Greece, he sayth, Ferociores Aetoli quam pro ingenijs Grecorum, The Aetolians were more fierce than was agreeable to the hu∣mor of the Greekes: They troubled the Romans more (although they had but three townes) than all the rest of the Greekes. In like sort, the inhabitants of the mountaine of Genes defeated the Roman armies, and continued warre against them one hundred yeares, neither could they euer bring them in subiection vntill they had transported them from the mountaines into the vallies, after which time they became good & qui∣et subiects; as we read in Titus Liuius. We must not then maruell, if by the Swissers* 1.78 lawes euerie man is bound to weare a sword, and to haue his house furnished with of∣fensiue and defensiue armes: which other people forbad for the most part. And con∣trariwise [ H] the inhabitants of vallies are commonly effeminat and delicat: and euen the naturall fertilitie of the vallies, giue the inhabitants thereof occasion to glut themselues with pleasure.

As for the inhabitants vpon the Sea coast, and of great townes of traffique, all wri∣ters* 1.79 haue obserued, That they are more subtill, politike, and cunning, than those that lie farre from the sea and traffique. Therefore Caesar speaking of the inhabitants of Tour∣nay, These men (saith he) for that they are farre from the ports of the sea, are not 〈◊〉〈◊〉 & effeminat with the marchandise and delights of straungers And to that end Tully said, That the inhabitants of the riuer of Genes, were called deceiuers and conseners; & those of the mountaines, rude and vnciuill: for that these were not accustomed to traffique, to [ I] •…•…ell and to deceiue. Wherfore Ioseph speaking of the inhabitants of Ierusalem & Spar∣ta, saith, That they were remote from the sea, & lesse corrupted than others. For which cause Plato forbids them to build his Commonweale neere vnto the sea, saying, That such men are deceitfull and treacherous. And it seemeth that the prouerbe which saith, That Ilanders are commonly deceitfull; should be applied to this that we haue spoken, for that they are more giuen to traffique, and by consequence to know the diuersitie of men and their humors, wherein the policie of trading doth consist, to dissemble his words and countenance, to deceiue, lie, and to cousen the simple for gaine, the which is* 1.80 the end of many marchants. And to this end the Hebrewes applie that text of Scrip∣ture, where it is said, Non eris mercator in populo tuo, There shall be no marchant among [ K] the people: which some do interpret a deceiuer or cousener; but the Hebrew word signifies Marchant.

There is also a great varietie for the difference of places subiect to violent winds, which makes people to differ much in manners, although they be in the same latitude and climat: For we see plainely, that those people are more graue and staied, when the* 1.81 ayre is calme and temperat, than those which liue in regions beaten with violent winds: as Fraunce, and especially Languedoc, high Germanie, Hungarie, Thrace, Circassia, the countrey of Genes, Portugall, and Persia, whereas men haue more turbulent spirits,

than those of Italie, Natolia, Assiria, and Aegypt, whereas the calmnesse of the ayre [ A] make men farre more mild. We doe also see in moorish places another difference of men, contrarie in humour to them of the mountaines. The barrennesse and fruitful∣nesse of places doth in some sort chaunge the naturall inclination of the heauens: And* 1.82 therefore Titus Liuius said, That men of a fat and fertill soile, are most commonly effe∣minat and cowards; whereas contrariwise a barren countrey makes men temperat by necessitie, and by consequence careful, vigilant, and industrious: as the Athenians were, whereas idlenesse was punished capitally: Neither by Solons law were the children bound to reliue the parents, if they had not taught them some meanes whereby to get their liuing. So as the barrennesse of the soyle doth not onely make men more temperat, apt to labour, and of a more subtill spirit; but also it makes townes more po∣pulous: [ B] for an enemie affects not a barren countrey, and the inhabitants liuing in safetie doe multiplie, and are forced to traffique or to labour. Such a one was the citie of Athens, the most populous of all Greece: and Nuremberg, which is seated in the most barren soyle that can be, yet is it one of the greatest cities of the empire, and full of the* 1.83 best artisans in the world: and so are the cities of Limoges, Genes, and Gand. But those that dwell in vallies become soft and slothfull through the richnesse of the soyle. And as they that lie vpon the sea for their traffique, and those of barren countries for their so∣brietie, are industrious: in like sort those which make the frontiers of two estates bee∣ing enemies, are more fierce and warlike than the rest, for that they are continually in [ C] warre, which makes men barbarous,, mutinous, and cruell; as peace makes men quiet, courteous, and tractable▪ And for this cause the English heretofore were held so muti∣nous and vnruly, as euen their princes could not keepe them in awe: yet since that they* 1.84 haue treated of peace and alliance with France & Scotland, & that they haue bene go∣uerned by a mild and peacefull princesse, they are growne verie ciuill and full of cour∣tesie. Whereas contrariwise the French, which did not yeeld to any nation in cour∣tesie and humanitie, are much chaunged in their dispositious, and are become fierce & barbarous since the ciuill warres: as it chaunced (as Plutarch saith) to the inhabitants of Sicilie, who by reason of their continuall wars, wete growne like vuro brute beasts.

But he that would see what force education, lawes, and customes, haue to chaunge [ D] nature, let him looke into the people of Germanie, who in the time of Tacitus the Pro∣consull,* 1.85 had neither lawes, religion, knowledge, nor any forme of a Commonweale; whereas now they seeme to exceed other nations in goodly cities, and well peopled, in armes, varietie of artes, and ciuill discipline: And the inhabitants of Bugia (which in old time was Carthage, the which in former times had contended with the Romans for the empire of the world, being the most warlike people of all Affrike) by the continu∣ance of peace, and the practise of musike (wherewith they are much delighted) they are become so effeminat and timerous, that Peter of Nauarre comming thither with four∣teene ships onely, the king with all the inhabitants fled, and without striking stroke abandoned the citie, whereas the Spaniards built goodly forts without any opposition. [ E] Therefore Plato maintained, That there were two arts necessarie in al cities, Wrestling,* 1.86 and Musicke; the one being the nurce of the mind, the other of the bodie. If they neg∣lect wrestling, the force of the bodie must languish: if the studie of Musicke, they will become rude and barbarous: if both, then must both bodie and mind grow dull with idlenesse and sloth: For commonly we see those whose minds are delighted with the sweet sound of Musicke, to be verie mild and courteous. What should I speake of the Romans, & of that famous citie, which had so often triumphed ouer Europe, Asia, and Affrike, whilest that it flourished in armes and learning; which hath now lost the beautie and vertues of their fathers, through sloth, to the eternall infamie of their idle

prelats. Whereby it appeares how much education preuailes: whereof Licurgus [ F] made triall, hauing bred vp two grayhounds of one litter, the one in hunting, the other to the pottage pot, and then made triall of them before all the people of Lacedemon, bringing forth a quick hare, and pots of meat; so as the one followed the hare, and the other ran to the meat. It is most certaine that if lawes and customes be not well main∣tained and kept, the people will soone returne to their naturall dispositions: and if they be transplanted into another countrey, they shall not be chaunged so soone, as plants which draw their nourishment from the earth: yet in the end they shall be altered, as we may see of the Gothes, which did inuade. Spaine, and high Languedoc; and the auntient Gaules which did people Germanie, about the blacke forrest and Francford, with their Collonies. Caesar saith, That in his time (which was some fiue hundred yeres [ G] after their passage) they had chaunged their manners and naturall disposition with that of Germany.

But it is needfull to purge an errour into the which many haue fallen, hauing taxed the French of lightnesse, imitating therein Caesar, Tacitus, Trebellius, and Pollio. If they tearme a certaine alacritie and promptnesse in all their actions, Lightnesse; the iniurie pleaseth me, the which is common to all the people of the middle regions betwixt the Pole and the Equator: for euen in like sort Titus Liu•…•…us doth call them of Asia, Greece, and Syria, Leuissima hominum genera, Light kind of men: the which the ambassadaur of the Rhodians did freely confesse in the open Senat at Rome. And Caesar himselfe doth interpret that which he would say, acknowledging that the Gaules haue good [ H] wits, and prompt, and tractable. And Scaliger borne at Ve•…•…ona, writes, That there is not any nation of a quicker & more liuely spirit than the French; be it in armes or lear∣ning, be it in the trade of marchandise, or in well speaking: but aboue all, their hearts are generous and loyall, keeping their faith more constantly than any nation. And Baptista Mantuanus, the most excellent Poet of his age, writes thus of the French,

Hoat fierie spirits haue the Gaules, their bodies passing white, And of that white haue they their names; a crimson colour bright Their womans faces garnisheth, wherewith a comely grace Being mixt, Nature out of two sundrie colours one doth raise: [ I] Frolike they are, of cheerefull hew, delight in rounds and rime, Prone vnto Venus sports, to banqueting, and when they see their time As prone vnto Church seruice. They list not beare the yoke, Hypocrisie they flie amaine, and what is falsly spoke: Hating the sullen Saturnist, they giue themselues to game, To hunting, hawking, hils and dales theile thorow them amaine. I, they in warres delight them too, the barbed horse to ride; Their brigantines, their bow, and speare, to vse it is their pride: Whole nights abroad to sleepe on ground it is their chiefest ioy, And to be slurd with sunne, and rust, th' account it nothing coy, [ K] With dust to be orespred, to sweat vnder the weight of armes, For countrey, kin, and eke for king, to vnder goe all harmes; Yea death it selfe to them is sweet. Thus farre Mantuan.

The constancie of the French appeares plainely by the religion which hath bene re∣ceiued* 1.87 and allowed by our predecessors, for the which we haue contended these three∣score yeres with such obstinacie, as no nation in the world hath endured such burnings, spoylings, tortures, and ciuill wars, as we haue caused vnto our selues. Wherby Caesars

testimony appeares to be very true, writing, That all the nations of the Gauls was much [ A] giuen to religion, which is far from lighntesse and inconstancie. But that fierie vigour, as Veronensis sayth, which we see in the french, and the wonderfull alacritie in doing of things proceedes from choller: from thence grow the violent motions of the mind, from thence come murthers, when as from words they fall to blowes, and choller en∣clining vnto rashnes breakes forth sodenly, the which if it be restrained within the bound of reason it doth greatly increase wisedome the gouernesse of mans life, as Galen sayth, writing of a chollerike humor, but if it be distempered, it turnes into rashnes,* 1.88 which properly we call lightnes, but this inconstancie is much more proper and inci∣dent to the people of the North. We haue said (speaking in generall) that the people of the South are of a contrarie humour and disposition to them of the North: these [ B] are great and strong, they are little and weake: they of the north hot and moyst, the o∣thers cold and dry; the one hath a big voyce and greene eyes, the other hath a weake voyce and black eyes; the one hath a flaxen haire and a faire skin, the other hath both* 1.89 haire and skin black; the one feareth cold, and the other heate; the one is ioyfull and pleasant, the other sad; the one is fearefull and peaceable, the other is hardie and muti∣nous; the one is sociable, the other solitarie; the one is giuen to drinke, the other so∣ber; the one rude and grosse witted, the other aduised and ceremonious; the one is prodigall and greedie, the other is couetous and holds fast; the one is a souldier, the o∣ther a philosopher; the one fit for armes and labour, the other for knowledge and rest. If then the inhabitants of the South be wilfull and obstinate, as Plutarch sayth, [ C] speaking of the Affricans, maintaining his resolutions very wilfully, it is most certaine that the other is changeable, and hauing no cōstancie, those of the middle regions hold the vertue of the meane, betwixt wilfulnes and lightnes, not being changeable in their resolutions without reason, like vnto the people of the North, nor yet so setled in their opinions, as they will not be altered without the ruine of an estate. Tacitus writing of the Germains, saith, that they hold it no dishonor to denie their word. The Eastgoths and Weastgoths being expelled by Attila, they required some land to inhabit from the Emperour Valens, swearing to imbrate the Christian religion, which hauing gran∣ted them, they treacherously seazed on Valens, and burnt him aliue, and the people of Gronland which are neerest vnto the Pole, being of an inconstant humor, as Munster [ D] * 1.90 saith, did easily imbrace the Christian religion, and then afterwards fell againe to their Idolatrie. And as for the Muscouites, the Baron of Heberstein saith in their historie, that he hath not knowne any nation more dis•…•…oyall, which will haue all men to keepe their faith with them, and they with no man. This falshood or treacherie comes from distrust, or from feare, and both the one and the other from want of spirit and wit: for a wise and considerate man as those of the middle region be, is not distrustfull, for that he foreseeth what may happen, and with courage and constancie doth execute what he hath resolued, the which the people of the South do not so well, being fearefull, nor they of the North which want wit. And to make it manifest how distrustfull and suspi∣tious the people of the North be, looke into the realme of Denmarke and Sweden, [ E] whereas the magistrates do hide men in the Innes to heare what is spoken. The go∣uerment* 1.91 of euery Citie is of great force in the alteration of the peoples natures and dis∣positions: if they be oppressed with tyrannie and seruitude, they grow faintharted and deiected: they which liue in popular estates and enioy their liberties, must of necessitie be more bold and warlike, wherein not only the nature of the heauens and regions in generall are to be considered, but also the particularities of the regions. What may grow in the minds of men from the ayre, water, winds, hills and vallies, what from reli∣gion, lawes, customes, discipline, and from the state of euery commonweale, and

not to obserue the climate alone, for we see in climates that be alike and of the same ele∣uation [ F] foure notable differences of people in colour, without speaking of other quali∣ties,* 1.92 for that the West Indians are generallie of a duskish colour like vnto a roasted quinze, vnlesse it be a handfull of men that are black, whom the tempest carried from the coast of Affrike: and in Siuill of Spaine the men are white, at Cape Bonne Espe∣rance black, at the riuer of Plate of a chestnut colour, all being in like latitude, and like climates, as we reade in the histories of the Indies which the Spaniards haue left in wri∣ting: the cause may be the change from one countrie to another, and that the Sunne in Capricorne is neerer vnto the earth by all the eccentricall latitude, the which are a∣boue foure hundred thousand leagues. The transportation of Collonies works a great difference in men, but the nature of the heauens, winds, waters and earth, are of more [ G] force. The Colonie of the Saxons which Charlemaine brought into Flanders, differed much from all the French, but by little and little they were so changed as they retaine nothing of the Saxon but the language, the which is much altered, pronouncing their aspirations more lightly, and interlacing the vowels with the consonants: as the Sa∣xon when he calles a horse Pferd, the Flemings say Perd, and so of many others. For alwaies the people of the North, or that dwell vpon mountaines, hauing a more in∣ward heate, deliuer their words with greater vehemencie and more aspiration than the people of the East or South, who interlace their vowels sweetly, and auoid aspirations all they can (and for the same reason women who are of a colder complexion than men, speake more sweetly) the which was verified in one tribe of the people of Israell, [ H] for those of the tribe of Ephraim which remained in the mountaine and towards the North, which they called Gallaad, were not only more rough and audacious and bold than those that dwelt in the valies, of the same tribe, but did also pronounce the conso∣nants and aspirations which the others could not pronounce; so as being vanquished, and flying from the battaile, not able to distinguish the one from the other being of one nation, they watched them at the passage of Iordain, demaunding of them how they called the passage or foord, which was named Schibolet, the which they pronoun∣ced Sibolet, which doth properly signifie an eare of corne, although that they be both oftentimes confounded, by which meanes there were 42000 men slaine. It is most certaine that at that time the Hebrewes held the purenes of bloud inuiolable, and that [ I] it was but one tribe. That which I haue said, That the nature of the place doth greatly change the nature and pronunciation of men; may be generally obserued, and especi∣ally in Gasconie in the countrie which is called Labdac, for that the people put L. in stead of other consonants. We do also see the Polonia•…•…s, which are more Eastward than Germanie, to pronounce much more sweetly: and the Geneuois being more Southerly than the Venetian these men pronounce Cabre, and the Geneuois say Cra∣be, whereby the Venetians distinguished them that fled, hauing gotten a great victorie* 1.93 against the Geneuois, making them to pronounce Cabre, and killing all them that could not do it. The like did the inhabitants of Montpellier in a sedition which hap∣ned in the time of king Charles the fift, seeking to kill the strangers, they shewed them [ K] beanes, which the strangers called Febues, and the inhabitants of the countrie called them Haues; like vnto the Sabins, which did pronounce Fircus Faedus, for Hircus Hae∣dus, as Marcus Varro sayth. And thus much touching the naturall inclination of peo∣ple, the which notwithstanding carrie no necessitie as I haue sayd, but are of great consequence for the setling of a Commonweale, lawes and customes, and to know in what manner to treat with the one and the other. Let vs now speake of other meanes to preuent the changes of Commonweales, which groweth through aboundance of riches.

CHAP. II. [ A] The meanes to preuent the changes of Commonweales, which happen through the great riches of some, and exceeding pouertie of others.

AMong all the causes of seditions and changes of Commonweales* 1.94 there is none greater than the excessiue wealth of some fewe subiects, and the extreme pouertie of the greatest part. All anti∣ent histories are full, whereas it appeares that all they which haue pretended any discontentment against the state, haue al∣wayes [ B] imbraced the first occasion to spoile the rich: yet these changes and mutenies were more ordinarie in old time than at this day, for the infinite number of slaues which were thirtie or fortie for one free man; and the greatest reward of their seruice, was to see themselues freed, although they rea∣ped no other benefit but only libertie, which many bought with that which they had spared all their life time, or else with what they borrowed, binding themselues to re∣store it, besides the duties they did owe to them that did infranchise them: besides, they had many children, which happens most commonly to them that labour most,* 1.95 and liue most continently, so as seeing themselues in libertie and opprest with pouer∣tie, [ C] they were forced to borrow vpon interest, to sell their children, or to satisfie their creditors with their fruites and labours; and the longer they liued, the more they were indebted, and the lesse able to pay: for the Hebrewes called vsurie a biting, which doth not only wast the debtor vnto the bones, but doth also suck both bloud and marrow, so as in the end the number of the poore being increased, and not able to indure this want, they did rise against the rich, and expelled them from their houses and townes, or else they liued on them at discretion. And therefore Plato called riches and pouertie* 1.96 the two antient plagues of a Commonweale, not only for the necessitie that doth op∣presse the hongrie, but also for the shame, the which is more insupportable to many than pouertie it selfe: for the preuenting whereof, some haue sought an equalitie, the [ D] which many haue commended, tearming it the nurse of peace, and loue betwixt sub∣iects; and contrariwise inequalitie the spring of all diuisions, factions, hatred and partia∣lities: for he that hath more than an other, and sees himselfe to haue greater wealth, he will also be higher in honor, in delights, in pleasures, in diet and in apparell, hauing no great regard of vertue: the poore on their part conceiue an extreme hatred and iea∣lousie, seeing themselues thus troden vnder foote, they thinke themselues more wor∣thie than the rich, and yet are opprest with pouertie, honger, miserie and reproch. And therefore many antient law giuers did equally diuide the goods and lands among the* 1.97 subiects, as in our time Thomas Moore Chancellor of England in his Commonweale sayth, That the only way of safetie for an estate, is when as men liue in common: the [ E] which cannot be whereas is any proprietie. And Plato hauing charge to frame the Commonweale and new Colonie of the Thebans and Phociens, by the consent of the subiects which sent Ambassadors to him to that end, he departed, leauing it vnfini∣shed, for that the rich would not impart any of their wealth vnto the poore: the which Licurgus did with the hazard of his life, for after that he had banished the vse of gold and siluer, he made an equall distribution of the lands. And although that Solon could not do the like, yet his will was good, for that he made frustrate all bonds, and granted a generall abolition of debts. And after that the vse of gold and siluer was allowed in Lacedemon after the victorie of Lisander, and that the testamentarie law was brought

in, the which was partly the cause of inequalitie of goods: King Agis seeking to bring [ F] in the antient equalitie, he caused all bonds and obligations to be brought into a pub∣like place and there burnt them, saying, That he had neuer seene a goodlier fier: then he began to deuide his owne goods equally, but when he sought to distribute the lands, he was cast into prison by the Ephores and there slaine. In like sort Nabis the tyrant hauing taken the citie of Argos, published two Edicts, the one to free them of all debts, the other to deuide the lands equally: Duas faces (sayth Titus Liuius) no∣•…•…antibus res ad plebem in optimates accendendam: Two firebrands for them that sought for innouations to kindle and incense the people against the better sort. And al∣though the Romains haue in that point seemed more iust than other nations, yet haue they often granted a generall recision of debts sometimes for a fourth part, [ G] sometimes for a third, and sometimes for all; hauing no better meanes to pacifie the mutinies and seditions of the multitude, least it should happen vnto them as it did vnto the chiefe men among the Thuriens, who hauing gotten all the lands into their hands, the people seeing themselues opprest with debt and vsurie, and without any meanes to satisfie, they fell vpon the rich and expelled them from their goods and houses. These reasons may be held goodly in shew, when as in truth there is nothing* 1.98 more pernitious and dangerous to Commonweales, than equalitie of goods, the which haue no firmer support and foundation than faith, without the which neither iustice, nor publike societie can stand, neither can there be any faith, if there be not a due obseruation of conuentions and lawfull promises. If then bonds be broken, contracts [ H] disanulled, and debts abolished, what can there be expected but the vtter subuersion of an estate? for there can be no trust one in an other. Moreouer such generall abolitions do most commonly hurt the poore, and ruine many, for the poore widowes, orphe∣lins, and meaner sort hauing nothing but some little rent, are vndone when this aboli∣tion* 1.99 of debts comes; whereas the vsurers preuent it, and oftentimes gaine by it: as it happened when as Solon and Agis did publish an abolition of debts, for the vsurers (hauing some intelligence thereof) borrowed money of all men, to defraud their cre∣ditors. Besides, the hope of these abolitions do incourage the prodigall to borrow at what rate soeuer, and when their credit is crackt to ioyne with the poore which are dis∣contented and desperate, and to stir vp seditions: whereas if the hope of these aboliti∣ons [ I] were not, euery one would seeke to gouerne his estate wisely, and to liue in peace. If it be vniust for the creditor to lose his goods, and the debter to gaine that which is not his, how much more vniust is it to take land from the lawfull owners to enrich* 1.100 other men with their spoyles: for they that seeke to be freed from their debts, pretend the oppression of vsurie, and the barren nature of siluer, the which cannot be in lawfull* 1.101 successions, so as we may rightly say, that such a diuision of another mans goods, is a meere robberie vnder a shew of equalitie, and the ruine not onely of a Commonweale, but of all humane societie. To say, That equalitie is the nurce of friendship; is but to abuse the ignorant: for it is most certaine, that there is neuer greater hatred, nor more capitall quarrels, than betwixt equals: and the iealousie betwixt equals, is the spring and [ K] fountaine of troubles, seditions, and ciuill warres. Whereas contrariwise the poore and the weake yeeld and obey willingly the great, rich, and mightie, for the helpe and pro∣fit which they expect: which was one of the reasons which moued Hippodamus the law giuer of the Milesians, to ordaine, That the poore should marrie with the rich, not one∣ly to auoid inequalitie, but also to make their friendship the more firme. And whatso∣euer they say of Solon, it appeares sufficiently by the institution of his Commonweale, that he made foure degrees of citisens according to their reuenewes, and as many de∣grees* 1.102 of state and honours: the rich had fiue hundred measures of corne, wine, or oyle,

in rent; the next three hundred, others two hundred, and those which had lesse might [ A] beare no office of honour. And euen Plato hath made three estates in his second Com∣monweale, one richer than another, ordaining, That euery one of the fiue thousand & fortie citisens, should leaue one of his children sole heire. And as for that which Licur∣gus did, who would haue equalitie perpetually obserued in succession, diuiding the lands by the powle; it was impossible, for that he might see before his eyes, or soone af∣ter,* 1.103 this equalitie quite altered, some hauing twelue or fifteene children, others one or two, or none at all: the which would be more ridiculous in those countries whereas pluralitie of wiues is tollerated, as in Asia, and in a manner throughout all Affrike, and at the new found lands, whereas it falles out oftentimes, that one man hath fiftie chil∣dren. Some haue sought to preuent this inconuenience, as Hippodamus law-maker to [ B] the Milesians, who would not allow aboue ten thousand citisens, the which Aristotle did like well of, but by that meanes they must banish the ouerplus, or else execute the cruell law of Plato approued by Aristotle, who hauing limited the number of his citi∣sens* 1.104 to fiue thousand and fortie, ordained that they should cause the rest to miscarrie as soone as they were conceiued, and those that were borne lame or crooked should be cast off: the which cannot be spoken without great impietie, that the goodliest crea∣ture which God hath made, should not only be made away after it is borne, but also be destroyed in the mothers womb. Whereunto Thomas Moore Chancellor of England seemes to agree, who would not haue lesse than ten, nor more than 16 children in one familie: as if he might commaund nature. And although that Phidon law-giuer to the [ C] Corinthians did seeme to foresee it more wisely, forbidding expresly to build any more in Corinth (as they made a defence not to build in the suburbs of Paris, by the kings Edict in the yeare 1558,) yet the subiects multiplying they must either erect a new* 1.105 Colonie, or banish them iniuriously. But in my opinion they erre much which doubt ofscarcitie by the multitude of children and citisens, when as no cities are more rich nor more famous in arts and disciplines than those which abound most with citisens. It is indeed lesse to feare that by reason of so great a multitude of citisens there will be deuisions, for that there is nothing that doth keepe a citie more free from mutinies and* 1.106 factions than the multitude of citisens, for that there are many which be as a meane betwixt the rich and the poore, the good and the wicked, the wise and the simple, and [ D] artificers and noblemen, which may recoucile these extremes when they disagree: and there is nothing more dangerous than to haue the subiects diuided into two factions without a meane, the which doth vsually fall out in cities where there are but few citi∣sens. Laying aside therefore this opinion of equalitie in a Commonweale alreadie fra∣med, rauishing and taking away another mans goods, whereas they should preserue to euery man his owne, according vnto the law of nature; and reiecting also them that would limit the number of the citisens, we will maintaine that this deuision of portions ought not to be allowed but in the framing of a new Commonweale in a conquered* 1.107 countrie: the which diuision should be made by families, and not by the powle, reser∣uing alwaies some prerogatiue for one of the familie, and some right for the elder in [ E] euerie house, according to the law of God; who doth shew vs with his finger what course to take, for hauing chosen the tribe of Leui to giue him the right of the elder a∣boue the other twelue, he gaue them no lands but only houses in cities, appointing them the tenth of euery tribe (which was twelue tenths) without any labour, the which was twise as much at the least as any tribe had, all things deducted. And among the Leuites the right of the elder was reserued to the house of Aaron, which had the tenth of the Leuites, and all the oblations and first fruites: and to euery priuat house he as∣signed* 1.108 twise as much of the goods and lands vnto the elder as to any other of the

heires, excluding the daughters wholie from the succession, but for want of males in [ F] the same degree, whereby we may iudge that the law of God hath directly reiected all equalitie, giuing to one more than to another: and yet he hath kept among the twelue tribes, except that of Leui, an equall deuision of inheritances; and among the yongers an equall deuision of the succession, except the right of the elder, the which was not of two third parts, nor of foure fiue parts, nor of all; but of the halfe, to the end that such inequalitie should not be the cause of the great wealth of some few subiects, and the ex∣treame pouertie of an infinit number: which is the occasion of murthers among bre∣thren, of diuisions in families, and of mutinies and ciuill wars among subiects. And to the end the diuisions thus made may remaine indifferent, there must not be any prohi∣bition of alienation, either in a mans life, or by testament; as it is vsed in some places, if [ G] we will obserue the law of God, which ordaines, That all successions sold, shall returne the fiftieth yeare to the house, familie, or tribe, from the which it was sold: whereby the poore that are afflicted, and forced to sell to supply their necessities, shall haue means to sell the fruits and reuenewes of their lands to the fiftieth yeare, the which shall returne afterwards to them or to their heires: ill husbands shall be forced to liue in penurie, and the couetousnesse of the rich shall be preuented.

As for abolition of debts, it was a thing of a daungerous consequence, as it is said, not* 1.109 so much for the losse of the creditor (the which is of no great moment, when the questi∣on is of the publike state) as for that it opens a way for the breach of faith in lawfull conuentions, and giues occasions to mutines to trouble the state, hoping still to haue [ H] abolition of debts, or at the least an abatement of interests which haue bene long due, reducing them to the fiue and twentieth penie: the which hath bene obserued in Ve∣nice. We see by the law of God, that debts are not cut off, but it giues the debtor re∣spight the seuenth yeare, and suspends the debt. But the true meanes to preuent vsurers to ease the poore for euer, and to maintaine lawfull contracts, is to obserue the law of God, which hath defended all kinds of vsuries among the subiects: For the law were* 1.110 vniust in regard of straungers, if it were lawfull for them to deliuer out money vpon in∣terest vnto the subiect, from whome he should draw his whole estate, if the subiect might not vse the like prerogatiue vnto straungers. This law hath bene alwaies much esteemed of all lawgiuers, and of the greatest Polititians, that is to say, of Solon, Licur∣gus, [ I] Plato, Aristotle, and euen the ten commissionars deputed to reforme the customes of Rome, and to make choyce of the most profitable lawes, would not allow aboue one in the hundred for interest; the which they called Vnciarium, for that the vsurie of* 1.111 euerie moneth came but to an ounce, which was the twelfth part of the hundreth crowne which had bene borrowed, and the vsurer which exacted any more, was con∣demned to restore foure fold: esteeming the vsurer (as Cato said) worse than a theefe, which was condemned but in the double. The same law was afterwards published* 1.112 anew at the request of the Tribune Duilius in the yeare of the foundation of Rome 396: and ten yeres after Torquatus and Plautius being Consuls, it was reduced to halfe an ounce in the moneth, and a halfe penie in the hundred: so as it did not equall the [ K] principall but in two hundred yeares. But the yeare following vsurie was quite forbid∣den* 1.113 by the law Genutia, for the dayly seditions which happened by the contempt of those lawes of vsurie: for what moderation soeuer you make of vsurie, if it bee any thing tollerated it will soone encrease. And those which maintaine vnder a co∣lor of religion, That moderat vsurie or rents, after foure or fiue in the hundred, are honest and iust, for that the debtor reapes more profit than the creditor, a∣buse the word of God, which doth expresly forbid it. For although some would take light interest for the good of the debtor, yet many would abuse it. For euen

as a hatchet at the first makes but a little rift, but in the end breakes all in sunder: so the [ A] sufferance of vnlawfull things, how small soeuer, growes in the end to all impunitie: as they which haue forbidden vsurie among Christians, and yet haue allowed it for the church and hospitals; and some also haue found it conuenient for the Commonweale and the treasure; but there is nothing that giues the subiect more occasion to breake a law, than to defend a thing, and tollerat it with some exceptions. The which is an or∣dinarie fault among princes and prelats, seeking to exempt and free themselues from those things which are forbidden to the subiect: & who would find that bad in particu∣lar, which is publikely allowed? And for that all defences in matter of lawes are vnpro∣fitable* 1.114 without some punishment, the which are not regarded if they be not duly exe∣cuted, therefore the law Genutia being ill executed, was by little and little neglected. [ B] And therefore in England they haue prouided, that when as any edict was made, they presently appointed a Magistrat or Commissarie, to see the law obserued, who conti∣nued in that charge vntill the law were disanulled. But the couetousnesse of vsurers did so exceed, as they lent after twentie foure in the hundred, vntill that the law Gabinia did moderat the greatest interest, at twelue in the hundred, vnlesse it were in venturing at sea, whereas the creditor tooke vpon him the hazard: But this law was ill executed in the prouinces, whereas they did take fortie eight in the hundred for a yeare, For the extreame necessitie of him that borrowes, and the insatiable couetousnesse of him that lends, will alwayes find a thousand deuises to defraud the law. The punishment of vsurie was verie seuere in the Commonweale of the Candiots: and therefore hee that [ C] would borrow seemes as if he would take it violently from the creditor: so as if the debtor did not pay the intrest, which they could not recouer by law, he was accused as a theefe and robber: the which was but a grosse shift, in regard of their sales they make at this day, the Notarie putting in this cause, And the rest in money. It is true, that at the first councell of Nice, the bishops procured the emperour to forbid vsurie in money and fruits: the which in regard of fruits, were so much and halfe so much more: that is to say, fiftie for a hundred. But it was not obserued, especially for fruits, whereas he that borrowes in a time of dearth is glad to pay it againe and halfe as much more after har∣uest. Wherein it seemes there is great reason, for hee that lends might haue gained [ D] * 1.115 more if he had sold it in a time of scarcitie, as they do commonly. Besides there is no∣thing deerer than that which nourisheth, nor any thing more necessarie. And there∣fore* 1.116 the emperour Iustinian hauing rated vsurie for the countrey man at foure in the hundred in money, he decreed, They should pay but twelue in the hundred in fruits, and not fiftie in the hundred as had bene formerly vsed. Charles of Molins had no cause to seeke to correct the Greeke and Latine text of the law, against the truth of all copies, that hee might defend the edict of Lewes the twelfth, and the decrees of the court of parliament, which made equall the interest in fruits and money: but the diffe∣rence is great betwixt the one and the other: for by Iustinians law, the poore labou∣rer reaped great profit, being freed for thirteen bushels of corne after haruest, for twelue [ E] which he had borrowed in a time of death: and yet by this correction which Molins giues, he should be freed for a third part of a bushell, the which is verie absurd; seeing that before Iustinians decree, it was lawfull to take fiftie in the hundred for fruits. It is farre better to relie vpon the law of God, which doth absolutely forbid vsurie, and the creditors good deeds shall be more meritorious and more honourable to lend without* 1.117 profit, than to receiue of the poore laborer, in the qualitie of vsurie, a handfull of corne, for so great and necessarie a good turne. Therefore Nehemias (after the peoples re∣turne from captiuitie) did forbid them to take any more vsurie, as they had done before taking twelue in the hundred, as well in money as in fruits: and according to this exam∣ple

the decree of Nice was made: but after that Calixtus the 3, & Martin the 5, popes, [ F] had giuen way to rents & annuities, the which were little before that time in vse, the in∣terest hath growne so high, as the vsurie limited by Iustinian, & partly practised by the Cantons of the Swissers, is farre more easie and more supportable, although the laws of Fraunce and Venice do not allow any man to demaund aboue fiue yeares arrerages past: For this sufferance of interest, without interest hath growne to be a law, wherby the vsurers doe sucke the blood of the poore with all impunitie, especially in sea towns, where there is a common bourse or banke; as at Genes, where there are some worth foure or fiue hundred thousand duckets, others aboue a million, as Adam Centenier, & they say that Thomas Marin hath twise as much. So as the marchant for the sweetnes* 1.118 of gaine giues ouer his traffique, the artificer scornes his shop, the labourer leaues his [ G] labour, the shepheard his flocke, and the noble man sels his land of inheritance, to make fortie or fiftie pounds a yeare rent in annuities, in stead often pounds a yeare in fee sim∣ple land. Then afterwards when as the rents faile, and the money is spent, as they know which know not any other good meanes to liue, giue themselues to theeuing, or to stir vp seditions a•…•…d ciuill warres, that they might robbe secretly: the which is the more to be feared, when as one of the estates of the Commonweale, and the least in force and number, hath in a manner as much wealth as all the rest; as it hath beene seene hereto∣fore in the state of the Church: whereas the hundred part of the subiects in the We∣sterne Commonweales, making the third estate, had the tythes of what nature soeuer, and against the lawes of the ptimitiue Church (as the Popes themselues confesse) and [ H] haue seized vpon testamentarie legacies, as well mouables as immouables, Dutchies* 1.119 Counties, Baronies, Lordships, Castles, houses both within and without Townes, rents of all sorts, and bonds made freely; and yet they tooke successions of all sides: they sold, exchaunged, purchased, and imploied the reuenewes of their benifices for other acqui∣sitions; and all without taxe, subsidie, or any charge, euen in those places whereas the taxes are personall. So as it was necessarie to enioyne the Cleargie to put away such land as had bene left vnto the church within a certaine time, vppon paine of confiscati∣on: as by a law made in England by king Edward the first, which did forbid all church men to purchase any land; as it appeareth in Magna Carta: the which hath beene since* 1.120 renewed by the emperour Charles the fift in Flanders, vpon paine of confiscation: the [ I] which seemes to haue bene forbidden in old time. For we find that earles of Flanders haue bene heirs vnto priests: which custome was abolished by pope Vrbin the fift. For the same reason the parliament at Paris did prohibit the Chartrens and Celestines of Paris, to purchase any more, against the opinion of the abbat of Palerme. Yet these defences were grounded vpon the chapter, Nuper de decimis. And at Venice it hath bene enacted, and church men were commanded to dispossesse themselues of all lands, prohibiting to leaue any legacie to a Cleargie man, nor to make a will by the mouth or writing of a cleargie man. And by a law made at the request of the states of Otle∣ans, the twentie seuenth article, all cleargie men are forbidden to receiue a testament or last wil, in the which any thing is giuen him (the which is verie ill executed) for the abu∣ses [ K] * 1.121 that were committed. Not a hundred yeares since within this realme, they would not haue laid any dead bodie in holy buriall, if hee had not bequeathed some legacie vnto the church; so as they tooke out a commission from the officiall directed to the first priest of the place: who taking a view of his goods that had died intestat, beque∣thed what he pleased vnto the church in his name that was dead▪ the which was repro∣ued by two decrees of the parliament of Paris, one in the yeare 1388, and the other in the yeare 1401. I haue also a declaration drawne out of the Treasure of France, by the which the twentie barrons of Normandy named in the act, dated in the yere 1202,

declare vnto Philip Augustus, That the goods of him that dies without making a will, [ A] belonged vnto him, hauing laine three dayes sicke before his death: and by the confir∣mation of the priuileges of Rochell, graunted by Richard king of England and earle of Poitou, it is said, That the goods of the Rochelois should not bee confiscat, although* 1.122 they died intestat: the which was also common in Spaine, vntill the ordinance made by Ferdinand in the yere 1392, bearing these words, Que no sellauen quintos da los que mue∣ren sin fazer testamento dexando hijos o parientes dentro del quarto grado que pueden ha∣uer & heredar sus bienes, vz. The fift shal not be leuied of those which die intestat, so as they haue any children, or kinsfolke within the fourth degree fit to succeed. It is no wonder then if the clergy were rich, seeing that euerie man was forced to make a wil & to leaue the church a legacie, vnder rigorous paines; being also straitly defended for ma∣ny [ B] yeares, not to alienat nor rent out the goods of the church, vpon paine of nullitie. By the commaundement of Charles the ninth a suruay was made of all the reuenewes of the church within this realme, the which was found to amount to twelue hundred* 1.123 and thirtie thousand pounds starling a yere rent, not comprehending the ordinarie and extraordinarie alms. But Allemont president of the accounts at Paris, made an estimat, That of twelue parts of all the reuenewes of Fraunce, the Cleargie enioyed seuen. And by the registers of the chamber of accompts it appeeres, that within this realme there are twelue Archbishopricks, 104 Bishopriks, 540 Abbaies, and 27400 parishes or cures (taking euery towne for a cure, and the least village for one where there is a [ C] parish) besides Priories and begging friers. Their reuenues had been far greater if Pope* 1.124 Iohn the 22 had not disanulled the decree of Pope Nicholas, who had allowed all beg∣ging friers to enioy the frutes of lands, and the Pope should haue the proprietie, the which was a grosse cunning to frustrate the vowes of pouertie▪ for that the propertie is fruitlesse and in vaine, as the law saith, if the vsufruct were perpetuall, as bodies and col∣ledges be. I do not speake of the well imploying of their goods, but I say that this great inequalitie (it may be) hath ministred occasion of troubles and seditions against the* 1.125 Clergie, throughout all Europe, when as in shew they made a cullour of religion: for if this occasion had not been, they had found out some other, as they did in time of our predecessors against the Templers and the Iewes; or else they would haue required a [ D] new deuision of lands, as Philip the Roman Tribune did for the people, pretending that there were but two thousand men in Rome which possessed all, although they were numbred in all to be aboue three hundred thousand; and those few did so increase in wealth, as Marcus Crassus by a declaration of the Censors, was esteemed to be worth sixe millions of crownes: and fiftie yeares after Lentulus the high Priest was found to be worth ten millions of crownes. The Romains laboured to preuent these inconue∣niences, publishing many lawes touching the deuision of lands: among the which the law Quintia and Apuleia, would haue the conquered lands deuided among the peo∣ple,* 1.126 the which if they had bin well executed, those seditions had bin preuented which so troubled the Commonweale: but the mischiefe was, that the conquered lands were [ E] farmed out by fauour to priuat men, with a pretence of benefit to the Commonweale, vpon condition to pay the tenth of graine, and the fift of fr•…•…tes, and some rent for the pastures: yet this rent and other duties were not paied, for that great men held them in other mens names: for which cause Sextus Titius the Tribune presented a request vnto the people, to the end that the receiuers of the reuenues might 〈◊〉〈◊〉 the arrerages that were due, the which was granted, but being not well executed, it was a meanes to pre∣sent other requests vnto the people, that the lands and reuenues of the Commonweale which priuate men held without paying any thing, might be deuided among the peo∣ple: the which did greatly amaze the rich, and caused them to suborne Thorius the

Tribune vnder hand, That by his intercession vnto the people the lands should remain [ F] still in their possessions, and the arrerages should be paied vnto the receiuers of the re∣uenues: which law they caused afterwards to be abrogated, when as the magistrates themselues held the lands, of the which they could not be dispossest, nor forced to pay without great disturbance to the state. In the end the law Sempronia was published by force, at the request of Tiberius Gracchus, the which differed from the law Licinia, by the which all men were forbidden (of what estate or qualitie soeuer) to hold aboue fiue hundred acres of the Commonweales land, a hundred kine, and fiue hundred sheepe and goates, and to forfeit the ouerplus: but the law Sempronia spake of nothing but of the publike lands, ordaining that euery yeare there should be three Commissio∣ners appointed by the people to distribute vnto the poore the surplusage of fiue hun∣dred [ G] * 1.127 acres that should be found in any one familie: but the Tribune was slaine the last day of the publication, in a sedition moued by the Nobles: yet Caius Gracchus his bro∣ther being Tribune of the people ten yeres after, caused it to be put in execution, but he was slaine also in the pursuite thereof, after whose death the Senate to pacifie the peo∣ple caused it to be executed against many. And to the end those lands should not re∣maine waste, the poore wanting cattell and meanes to till it, it was ordained that accor∣ding vnto the law Sempronia of Tiberius Gracchus, the treasure of king Attalus (who had made the people of Rome his heire) should be distributed among the poore, to whom they had giuen part of the lands: by which meanes many of the poore were prouided for. And to take away occasion of future seditions, they sent away part of the [ H] poorer sort into Colonies, to whome they did distribute countries conqueted from the enemie. But there was one article in the law of C. Gracchus which was most neces∣sarie, and yet it was abrogated, Prohibiting the poore to sell or make away those lands that were assigned vnto them: for the rich seeing that the poore had no meanes to en∣tertaine those lands, redeemed them.

There was also another cause of this inequalitie of goods, which was by the liber∣tie* 1.128 that euerie one had to dispose freely of his goods, and to whom he pleased, by the law of the twelue Tables. All other people, except the Athenians (where Solon first published this law) had not free libertie to dispose of their lands. And Licurgus hauing deuided the lands of the inhabitants of the citie into seuen thousand parts (some say [ I] more, others say lesse) and the lands of the countrie into twelue thousand equall parts, he did not suffer any one to dispose thereof; but contrariwise, to the end that in pro∣cesse of time the seuen thousand parts of inheritance might not be sold, or diminished into many members, it was decreed, That the elder of the house, or the next of kin should succeed to the whole inheritance; and, that he could not haue but one part of the seuen thousand; and he must be also a Spartaine borne. Others were excluded from the succession, as Plutarch saith, speaking of king Agesilaus, who in the beginning was bred vp straightly as a younger brother, for that hee was issued of a younger house. This for a time did entertaine the 7000 families in equalitie, vntill that one of the Ephores being incensed against his eldest sonne, presented a request vnto the Seigneu∣rie, [ K] the which passed for a law, by the which euery man had libertie to dispose of his goods by will. These testamentarie lawes being receiued in Greece, and afterwards published in Rome, and incerted in the twelue tables, were the cause of great alterati∣ons. But the people of the East and West might not dispose of lands by testament: a custome which is yet obserued in some parts of France, Germanie, and other nations* 1.129 of the North. And therefore Tacitus writes, that the Germaines had no vse of Testa∣ments, the which many haue vnaduisedly attributed to ignorance and barbarisme. And euen in Polonia it is expresly forbidden by the lawes of the two Sigismonds, ac∣cording

vnto the antient customes, to dispose of lands by testament. The Oxiles and [ A] the Phytales had a stricter custome, forbidding them to pawne any lands. And by the custome of Amiens and other customes of the Lowcountries of Flanders, no Noble∣man might sell away their seigneuries vntill they had solemnely sworne pouertie: the* 1.130 which is also strictly obserued in Spaine. We haue also said before, that the law of God did expresly defend all alienation of lands, either in a mans life or by testament, re∣seruing the right of the elder in euery familie, without any difference of noble or vil∣lain, according to Licurgus law in his deuision of 7000 parts in Lacedemon: and those of Caux in Normandie, as well the Gentlemen as others, do much better preserue the dignitie and beautie of their antient houses and families, the which by this meanes are not dismembred, and all the estate of the Commonweale in generall: the which is the [ B] more firme and stable being grounded vpon good houses and families, and as great and immoueable pillers, the which could not support the burthen of a great building, if they were weake, although they were many. And it seemes that the greatnes of France, Spaine, and England is supported by great and noble families, and by corpora∣tions* 1.131 and Colleges, the which being dismembred into peeces, will be the ruine of the State. But this opinion is more probable than necessarie, vnlesse it be in an Aristocrati∣call estate: for it is most certaine that in a Monarchie there is nothing more to be fea∣red than great men, and corporations, especially if it be tyranicall. As for a popular e∣state which requires equalitie in all things, how can it endure so great inequalitie in fa∣milies, [ C] whereas some should haue all, and others die of hunger: seeing that all the sedi∣tions which haue happened in Rome and in Greece haue been grounded vpon this* 1.132 point. There remaines an Aristocratie where as the noble and great men are vnequall with the common people, and in this case the right of the elder may mainetaine the estate, as in the seigneurie of Sparta, whereas the seuen thousand parts equally diuided vnto the elder of euery familie, maintained the State: and as for the yonger brethren, vertue aduanced them to offices and honors according to their merits: and common∣ly they proued the most famous, hauing (as Plutarch said) nothing to aduance them but their vertues. It was the antient custome of the Gaules: and without doubt our Nobilitie would be much more esteemed, if the prohibition of selling of their seigneu∣ries [ D] were dulie executed, according to the lawes and ordinances of this realme, and of the Empire, where it is better obserued. The like defences were made in Polonia, by the laws of Albert, & Sigismond Augustus kings in the yere 1495 & 1538, & by an edict* 1.133 made by Peter duke of Brittaine, forbidding the common people to purchase the seig∣neuries of noble men, vpon paine of confiscation. And although that Lewis the 12 dis∣anulled those defences in the yeare 1505, yet king Francis the first renewed the Edict in the yeare 1535 vnder the same paine of confiscation. The meanes to vnite the nobili∣tie* 1.134 and the common people more strictly together, is to marrie the yonger children of noble houses being poore (in an Aristocraticall estate) with the Plebeians that are rich, as they did in Rome after the law Canuleia; the which is practised at this day by the [ E] Venetians, and almost in euery Commonweale, whereas the nobilitie hath any prero∣gatiue ouer the common people: the which is the surest way to maintaine the nobilitie in wealth, honour, and dignitie. And yet it is necessarie to moderat the dowries of wo∣men in what estate soeuer, least that meane houses be not beggered to enrich the nobles: wherein the antient lawgiuers haue been much troubled to obserue this equa∣litie, and to prouide that ancient houses and families might not be dismembred and rui∣ned by the daughters. The law of God would not allow the daughters to succeed if there were any brethren: and although there were not any, yet the daughters that were heires were commanded to marrie the next kinsman of that familie: to the end

saith the law, that the inheritance may not be drawne from the house by the daugh∣ters. [ F] This law was obserued in Greece, where as the next kinsman married the heire, neither might the daughter marrie with any other. In Persia and Armenia the daugh∣ter had nothing of the house but the moueables: a custome which is yet obserued in all* 1.135 the East, and almost throughout all Affrike, although that Iustinian the Emperour, or rather Theodora his wife, hauing alwayes fauored her owne sexe, reformed that cu∣stome of Armenia, terming it barbarous, not regarding the intention of the antient lawgiuers. Hippodamus lawgiuer to the Milesians, would not frustrate the daughters of all succession, but he ordained that the rich should marrie with the poore, wherein he did obserue the equalitie of goods, and entertained loue betwixt the couples, and be∣twixt the poore and the rich. It is most certaine that if the daughters be made equall [ G] with the sonnes in the right of succession, families shall be soone dismembred: for com∣monly there are more women than men, be it in Commonweales in generall, or in* 1.136 priuate families: the which was first verified at Athens, where as the pluralitie of wo∣men gaue name vnto the citie: and within these twentie yeares at Venice, (whether comes a world of strangers) there was found vpon a suruaie two thousand women more than men: whether it be that they are not subiect to the dangers of warre and trauell, or that nature is apter to produce those things that are lesse perfect. And there∣fore Aristotle said in his Politikes, That of fiue parts of inheritance the women of Sparta held three, the which came by the permission of the testamentarie law; and for this cause (saith he) they cōmanded absolutely ouer their husbands, whom they called [ H] Ladies. But to preuent this inconuenience at Rome, Voconius Saxa the Tribune, by the persuasion of Cato the Censor, presented a request vnto the people, the which passed* 1.137 for a law, whereby it was enacted, That the females should not succeed so long as there were any male carrying the name, in what degree of consanguinitie soeuer he were; and, that they might not haue giuen them by testament aboue the fourth part of the goods; nor more than the least of the Testators heires. This law retained the antient families in their dignities, and the goods in some equalitie, keeping women in some sort in awe: yet they found a meanes to defraud it, by legacies and feofments made in trust to friends, with request to restore the successions or legacies vnto the women which could not recouer them by order of law not by petition, before Augustus time; who [ I] following the pernitious counsell of Trebatius, tooke an occasion to abrogate the law, demanding a dispensation of the law Voconia of the Senat, for his wife Liuia: so as this law being troden vnder foot, the Roman citisens began to be slaues vnto their wiues, who were their mistresses both in name and effect. Then might you haue seene women wearing two rich successions at their eares, as Seneca saith; and the daughter of a Proconsull who did weare at one time in apparell and iewels the value of three mil∣lions of crownes, the inequalitie of goods being then at the highest, after which time the Roman empire declined still vntill it was wholie ruined. By the antient custome of Marseilles it was not lawfull to giue aboue a hundred crownes in marriage with a daughter, and fiue crownes in apparell. And by the Statutes at Venice it is forbidden [ K] * 1.138 to giue aboue 1600 ducats to a noble mans daughter: and if a Gentleman of Venice marrie a citisens daughter, he may not take aboue two thousand ducats; nor the fe∣males succeed so long as there is any male of the familie: but in truth this law is as ill obserued as that of king Charles the 9, which forbids to giue vnto a daughter in mar∣riage* 1.139 aboue a thousand pounds starling, and yet the ordinance of king Charles the 5 doth giue no more vnto the daughters of the house of France. And although that Eli∣zabeth of France, daughter to Philip the faire were married vnto the king of England, yet had she but twelue hundred pounds starling to her dowrie. Some one will say vn∣to

me, that it was very much, considering the scarcetie of gold and siluer in those daies: [ A] but the difference also is very great betwixt a thousand pounds, and foure hundred thousand crownes. It is true that she was the goodliest Princesse of her age, and of the greatest house that was at that day. And if we will seeke higher, we shall find in the law* 1.140 of God that the marriage of a daughter at the most was taxed but at fiftie sicles, which make fower pounds starling of our money, in which penaltie he was condemned that had seduced a virgin, whom also he was forced by the law to bring home, if the father of the maiden so pleased: which makes me beleeue that the antient custome of the Persians is likely, for that the Commissioners deputed yearely to marrie the maids* 1.141 gaue the honestest and fairest to them that offred most, and with that money they married them that were lesse esteemed (that none might be vnprouided for) with this [ B] caution to them that married the deformed, Neuer to put away their wiues, but in re∣storing of their dowries▪ by the which they prouided for the marriage of maids, the modestie of wiues, the dignitie of husbands, and the publike honestie whereon wise lawgiuers should haue a speciall care, as Plato had. For to take from the daughters all meanes to prefer themselues according to their qualities, were to giue occasion of a greater inconuenience. And it seemes that the customes of Aniou and of Maine haue* 1.142 giuen them a third part in successions, of gentlemen in fee simple, the which is left to the yonger males but for terme of life, to the end the daughters should not be vnproui∣ded for, hauing not meanes to aduance themselues like vnto the males: for the refor∣mation [ C] of which custome they haue heretofore made great complaints: the which might as well be done, as in the custome of Mondidier, and in that of Vendosme, (an an∣tient dependance of the countrie of Aniou, before that it was erected to a Countie or a Duchie) where as a yonger brother of the house of Aniou, hauing taken his elder brother prisoner, made him to change the custome of Aniou in regard of the Chaste∣leine of Vendosme, the which he had but for terme of life. And although that in Brit∣taine by the decree of Cont Geoffrie in the yeare 1181 the eldest in gentlemens houses caried away all the succession, and maintained the yonger at his owne pleasure: yet to preuent infinit inconueniences, Arthur the first duke of Brittanie enacted, That the yonger children should haue a third part of the succession for terme of life, as it is ob∣serued [ D] in the countrie of Caux, by a decree of the Parlament at Rouen, the daughters portions being deducted. I haue hitherto treated of subiects only, but we must also take heed least that strangers set footing within the realme, and purchase the goods of the naturall subiect: and preuenting all idle vagabonds which desguise themselues like Egiptians, when as in truth they are very theeues, whom all Magistrates and Gouer∣nors are commanded to expell out of the real me by a law made at the estates of Or∣leance, as it was in like manner decreed in Spaine by Ferdinand in the yeare 1492 in these words, Que los Egiptianos consennores salgan del Reyno dentro sessenta dias: That all the Egiptians with their women shall depart out of the realme within threescore [ E] daies. This swarme of caterpillers do multiplie in the Pyrenees, the Alps, the moun∣taines of Arabia, and other hillie and barren places, and then come downe like wasps to cate the honie from the bees. Thus in my opinion I haue set downe briefly the fit∣test meanes to preuent the extreme pouertie of the greatest part of the subiects, and the excessiue wealth of a small number, leauing to discourse hereafter, If the lands appoin∣ted for the seruice of the warre may be dismembred or sold. Let vs now see if the goods of men condemned should be left vnto their heires.

CHAP. III. [ F] Whether the goods of men condemned should be applied vnto the common treasure, or to the Church; or els left vnto the heires.

THis Chapter depends vpon the former, for one of the causes which brings the subiects to extreame pouertie, is to take the goods of the condemned from their lawfull heires, and especially from children, if they haue no other support nor hope, but in the suc∣cession of their parents: and the more children they haue, the greater their pouertie shall be, to whome the succession of their fathers be∣longs [ G] by the law of nature, and who by the law of God should not suffer for their fa∣thers offences. By which confiscations not onely the lawes of God and nature seeme to be violated, but the children (who haply haue benebred vp in delights) are often∣times* 1.143 reduced to such pouertie and miserie, as they are thrust into despaire, and attempt any villanie, either to be reuenged, or to flie from want which doth oppresse them. For we may not hope, that they which haue bene bred vp as maisters, will serue as slaues: and if they haue not in former times learned any thing, they will not now begin, when as they haue no meanes. Besides the shame they haue either to beg, or to suffer the re∣proach of infamie, doth force them to banish themselues, and to ioyne with theeues & robbers: so as for one sometimes there goe forth two or three worse than hee that had [ H] lost both life and goods: so as the punishment which serueth not onely for a reuenge of the offence, but also to diminish the number of the wicked, and for the saftie of the good, produceth quite contrarie effects. These reasons briefly run ouer, and amplified by some examples, seeme necessarie to shew that the law of Iustinian the emperour, re∣ceiued and practised in many countries, is most iust and profitable: whereby it was enacted, That the goods of them that were condemned should be left vnto their heirs,* 1.144 vnlesse it were in case of high treason. Contrariwise some may say, that this is a new law, and contrarie to all the auntient lawes and ordinances of the wisest princes & law∣giuers, who would haue the goods of any one condemned, adiudged vnto the pub∣like, without some especiall cause to moue them to the contrarie: bee it for reparation [ I] of faults, which oft times is pecuniarie, and is to be paid to the Commonweale interes∣sed, for els there should bee no meanes to punish by fines, the which is an ordinarie kind of punishment: be it for the qualitie of the crimes, and of those that haue robbed the Commonweale, which must be satisfied out of his goods that hath offended: or to terrifie the wicked, which commit all the villanies in the world to enrich their children,* 1.145 and many times they care not to loose their liues, yea to damne themselues, so as their children may be heires of their robberies and thefts. It is needlesse to proue this by examples, the which are infinit: I will onely produce one of Cassius Licinius, who being accused and condemned of many thefts and extortions, and seeing Cicero (who was then president) putting on his purple robe, to pronounce the sentence of confisca∣tion [ K] and banishment, he sent one to tell Cicero that he was dead during the processe, & before the condemnation, choaking himselfe in view of the judges with a table napkin, to the end he might saue his goods for his children: Then Cicero (saith Valerius) would not pronounce the sentence. It was in the power of the accused to saue his life in aban∣doning of his goods, according vnto the conclusions of his accusers: as Verres and ma∣ny others in like case did▪ for by the law Sempronia they might not condemne a bour∣gesse of Rome to death, nor whip them by the law Portia. And although that Plu∣tarch, and Cicero himselfe writes to his friend Atticus, That hee had condemned Lici∣nius,

it is to be vnderstood by the aduice and opinion of all the judges, not that he had [ A] pronounced the sentence, for those lawes were not yet made against them which killed themselues before sentence. And a hundred and fiftie yeares after, if any one being ac∣cused and guiltie of any crime, had killed himselfe through dispaire or griefe, he was bu∣ried and his testament was of force, in the time of cruell Tiberius, Pretium festinand•…•…,* 1.146 (saith Tacitus) that is to say, Murtherers in their persons had that aduantage ouer others. But whether that he were condemned after his death, or that he died of griefe, it appeares plainely that many make no difficultie to damne themselues to enrich their children. And it may be there is nothing that doth more restraine the wicked from offending, than the feare of confiscation, whereby their children should be left beggers.* 1.147 Therefore the law saith, That the Commonweale hath a great interest, that the chil∣dren [ B] of them that are condemned, should be poore and needie. Neither can wee say, that the law of God or nature is therein broken, nor is the sonne punished for the fa∣ther, for that the fathers goods are not the childrens: and there is no succession of him whose goods are iustly taken away before he is dead.

And if any one feares that want wil driue the children to dispaire, and to all kinds of wickednesse: much more reason hath he to feare, that wicked children will abuse their fathers goods, to the ruine of good men and of the Commonweale. And therefore the law excludes the sonnes of him that is condemned for high treason, from all successi∣ons direct and collaterall, and leaues vnto the daughters (who haue lesse power to re∣uenge) a fourth part of their mothers goods. But there is a greater inconuenience if [ C] * 1.148 the goods of the condemned be left vnto their heirs, then shall the accusers and infor∣mers haue no rewards, and wickednesse shall remaine vnpunished.

These be the inconueniences on either part, but to resolue of that which is most fit, is most necessarie that the true debts being either publike or priuat, and the charges of informations, should be deducted out of the goods of the condemned, if they haue wherewithall: else there should be no punishment of the wicked. Yet this clause ought not to be annexed vnto the sentence, and hath bene reproued by many decrees of the court of parliament, to the end that the judges may know, that they ought to do iustice although the condemned hath not any thing. In like sort it is necessarie that fines & amercements should be le•…•…ied out of their goods that are condemned in any summe [ D] of money, prouided alwayes, that it be taken out of their mouable goods▪ or out of that* 1.149 which they haue purchased, and not out of those lands which come by succession, the which must be left vnto the heire. And in capitall crimes, that the mouables & lands purchased, should be forfeited and sold to them that would giue most, for the charges of the processe, and the reward of informers; and the rest to be imployed to publike & charitable vses, the succession remaining to the lawful heires: in so doing you shal pre∣uent the extreame pouertie of the children, the couetousnesse of slaunderers, the tyran∣ny of bad princes, the euasion of the wicked, and the impunitie of offences. For to for∣feit those lands which are tyed vnto the house, were no reason, seeing it is not lawfull to* 1.150 alienat them by testament, nor in many places to dispose therof in their life time: by the [ E] which should follow a great inequalitie of goods. And for this reason the goods and lands purchased must be sold, and not applied vnto the church or publike treasure, least that in the end all priuat mens estates should come to the publike, or to the church: for that it is not lawfull to alienat those goods which are vnited to the reuenewes of the Commonweale, or to the church. Moreouer informers and accusers must bee rewar∣ded, not with the possessions of the condemned (which might animat them to accuse good men wrongfully) but with some peece of mony: For the desire to haue the house or inheritance of another man, the which they could not obtaine for money, would

be a great occasion of false accusers to ruine the innocent. Yet must informers haue [ F] some reward, else the wicked shall continue their villanies with all impunitie. And as a good huntsman will neuer faile to reward his dogges with the intrails of the beast, to make them the more liuely: so a wise law-giuer must reward them which seize vppon the wolues and lions of the Commonweales. And for that there is nothing (after the honour due vnto God) of greater consequence than the punishment of offences, wee must seeke all meanes possible to attaine vnto it. But the difficultie is not small, to take the confiscations from the publike, to imploy them as I haue said, and especially in a Moarchy. Yet there are many reasons, the which a wise and vertuous prince will more esteeme for his reputation, than all the goods in the world gotten by confiscati∣ons.* 1.151 For if the publike reuenewes be great, or the charges and impositions laid vppon [ G] the subiect sufficient, the confiscations ought not to be adiudged vnto the treasure, if the Commonweale be poore, much lesse may you inrich it with confiscations. Inso doing you shall open a gate for false accusers to make marchandise of the blood of the poore subiects, and for princes to become tyrants. So we see that the height of all ty∣ranny hath bene in proscriptions and coufiscation of the subiects goods. By this means Tiberius the emperour made the way to a most cruell butcherie, leauing to the value of* 1.152 sixtie seuen millions of crownes gotten the most part by confiscations. And after him his nephewes Caligula and Nero, polluted their hands with the blood of the best and most vertuous men in all the empire, and all for their goods. It is well knowne that Nero had no colour to put to death his maister Seneca, but for his wealth. Neither [ H] shall there be at any time false accusers wanting, knowing they shall neuer bee called in question for their slaunders, being supported by the prince, who reaps part of the pro∣fit. Plinie the younger speaking of those times, Wee haue (saith hee) seene the iudge∣ments of informers, like vnto theeues and robbers: for there was no testament, nor any mans estate assured. And therefore by the lawes, the kings procurator is enioyned to name the informer, least the accusation in the end should proue slaunderous: the which is necessarily obserued in Spaine, before that the kings procurator is admitted to accuse any man, by an edict of Ferdinand, made in the yere 1492, in these tearmes, Que ningun fiscal pueda accusar a conse•…•…o persone particular sin dar primerimente delator, That no fis∣call or publike officer may accuse any priuat person before the Councell, but hee shall [ I] first giue in the accusers name. If confiscations haue beene alwayes odious in euerie Commonweale, much more daungerous be they in a Monarchy than in a Popular or Aristocraticall estate, where false accusers are not so easily receiued.

If any one will obiect, That we need not to feare these inconueniences in a Royall estate, hauing to doe with good princes: I annswere, that this right of confiscation is* 1.153 one of the greatest means that euer was inuented, to make a good prince a tyrant, espe∣cially if the prince be poore. For he that hath no pretext to put his subiect to death; if* 1.154 he hopes to haue his goods thereby, he will neuer want crime, accusers, nor flatterets. And oftentimes the wiues of princes kindle this fire, & inflame their husbands to al cru∣eltie, to enioy the goods of them that are condemned. Achab king of Samaria could [ K] not get Naboths vinyard, neither for price nor praier, but queene Iesabel subborned two false witnesses, to condemne the innocent as guiltie of treason both against God and man. And Faustine did still importune the emperour Marcus Aurelius her husband, to put to death the poore innocent children of Auidius Cassius, beeing condemned for treason, whose goods the emperour left vnto his children; as the kings of Persia were woont to doe, euen in cases of high treason, and hath bene often practised in this realm. And by the lawes of Polonia, confiscation hath no place but in the highest degree of treason: and oftentimes it is giuen vnto the kinsfolkes. But it is a hard matter to recouer

the goods which are once forfeited, be it by right or wrong; for they hold it for a rule, [ A] That amercements once adiudged to the crowne and receiued, are neuer restored, al∣though the iudgement were false. The which is the more to bee feared, for that the goods of them that are condemned for treason, are forfeited to the prince, and not to the lords of the soyle, who cannot pretend any thing if another mans subiect bee con∣demned for treason, as they may doe in all other crimes. And although we may num∣ber as many good and vertuous kings in this realme, as euer were in any Monarchie vpon this earth, yet wee shall see that the reuenewes haue beene more augmented by confiscations and forced gifts, than by any thing else. Was there euer prince in the world in vertue, pietie, and integritie, like vnto our king Saint Lewes? and yet by the meanes aforesaid, hauing caused Peter of Dreux to be condemned, he did confiscat, and [ B] then vnite vnto his crowne the earldome of Dreux: as he did also vnto Thibaut king of Nauarre and earle of Champagne, who was in the like daunger, if he had not resigned Bray, Fortione, and Monstrueil: and Raymond earle of Tholouse, the countrey of Lan∣guedoc.* 1.155 The countries of Guienne, Aniou, Maine, Touraine, and Auuergne, are come vnto the crowne by confiscations in the time of Philip Augustus. The dutchie of Alen∣con,* 1.156 and the earledome of Perch, are also come by confiscations. In like case a 1.157 Perigort, b 1.158 Ponthieu, c 1.159 la Marche, d 1.160 Angoulesme, e 1.161 l'Isle in Iourdaine, the marquisat of Salusses, and f 1.162 all the goods of Charles of Bourbon, with many other priuat Seigneuries, haue bene forfeited for high treason, according to the custome of other Commonweales, and the antient laws. But the custome of Scotland in cases of treasons is more cruell, [ C] whereas all the goods of him that is condemned accrue vnto the exchequer, without any regard of wife, children, nor creditors.

If any man will say, That the king freeing himself of those lands which hold not im∣mediatly of him, according to the edict of Philip the Faire, and giuing the most part of them which hold directly of him, vnto such as shall deserue well, the which he may do before they be incorporat vnto the crowne: hee shall not appropriat vnto the publike all the goods of priuat men, as else he might do in time. And to preuent this inconue∣nience, the king cannot recouer those lands which hold directly of him, offring the price to them that bought them: for so he might by purchase get all his subiects lands. I doe therefore thinke this more conuenient, than to adiudge the confiscations vnto [ D] the people; as they did in Rome by the law Cornelia, which Sylla the Dictator did publish, after that he had enriched his friends and partisans with the spoyles of his ene∣mies. But there is as small reason to giue them to the flatterers of princes, and to the horse leaches of the court, as it is vsuall in all gouerned Monarchies, which opens a gap vnto false accusers, giuing vnto the vnworthy the rewards of the well deseruing. Who doth not remember (although I grieue to remember) the blood of innocent citisens shed for gaine vnder a colour of religion, to glut these horseleaches of the court? Therefore to auoide these inconueniences of either part as much as may be, I see no better meanes than that which I haue said, That deducting the charges of the suit, his iust debts being publick or priuate, and the rewards of the accusers; the surplusage of [ E] his inheritance should be left vnto the heires, and that which was purchased to chari∣table vses▪ prouided alwaies that that which is giuen to the informers, or to the colle∣ges in charitie, shall be only in money and not in lands, for the reasons that I haue for∣merly* 1.163 giuen. As for charitable works, there neuer wants meanes to imploy it, either in diuine things, or in publike works, or else about the sicke or the poore. In old time at Rome amercements were adiudged to the treasurie of Churches, to be imployed in sa∣crifices, and therefore they called amercements Sacramenta, as Sextus Pompeius saith: for which cause Titius Romilius refused the peoples bountie, which had decreed that

they should restore vnto him the fine in the which he had bene condemned, saying, [ F] That things consecrated vnto God should not be taken from him. The like was also obserued in Greece for the tenth of the goods that were confiscate, the which were adiudged vnto the Church, as we may see in the sentence giuen against Archiptolome, Antiphon, and his consorts in Athence in the forme that followeth. The 16 day of Pry∣tanee, Demonicus Dalopeie being Register, and Philostratus Captaine, at the pursuite of Andron touching Archiptolemus, Onomaches, and Antiphon, whome the Captaine hath accused that they went to Lacedemon to the preiudice of the Commonweale, and that they departed from the Camp in one of the enemies ships; the Senat hath de∣creed, That they should be apprehended, and that the Captaine with ten Senators na∣med by the Senat, should determine of them, to the end they might be punished, that [ G] the Thesmothetes should call them the next day, and bring them before the Iudges, and that the Captaine or any other might accuse them, to the end that iudgement be∣ing* 1.164 giuen, execution might follow, according to the lawes made against traitors. And vnder the decree the sentence is set downe in this sort, Archiptolemus and Antiphon were condemned and deliuered into the hands of eleuen executioners of iustice, their goods forfaited, and the tenth reserued vnto the goddesse Minerua, and their houses razed: afterwards they did adiudge all vnto the publike treasor, and yet the law did al∣low the Iudges to dispose in their sentence as they should thinke the cause deserued for publike or charitable vses, as we haue a commendable custome in this realme. That which I haue said of successions should principallie take place, when as there is any [ H] question of lands holden in fee, for the prerogatiue and qualitie of the fee, affected to the antient families for the seruice of the Commonweal. Wherin the Germans haue well prouided, for in all confiscations the next of kin are preferred before the publike* 1.165 treasurie when there is any question of land in fee; wherby flatterers haue no means to accuse wrongfully, nor Princes to put good men to death for their fees▪ which seemes to haue been the reason that by the lawes of God the amercement was consecrated vnto God, and giuen to the high Priests, if he that had offended were not in presence, or had no heires. And for that this Chapter concernes rewards and punishments, order requires that we discourse of the one and the other. [ I]

CHAP. IIII. Of reward and punishment.

IT is needfull to treate here briefly of rewards and punishments, for he that would discourse thereof at large should make a great volume, for that these two points concerne all Commonweales, so as if punishments and rewards be well and wisely distributed, the Commonweale shall be alwaies happie and florish, and con∣trariwise* 1.166 if the good be not rewarded and the bad punished ac∣cording to their deserts, there is no hope that a Commonweale [ K] can long continue. There is not any thing that hath bred greater troubles, seditions, ciuill warres, and ruines of Commonweales than the contempt of good men, and the libertie which is giuen to the wicked to offend with all impunitie. It is not so necessa∣rie to discourse of punishments, as of rewards, for that all lawes and bookes of lawyers are full of them, but I find not any one that hath written of rewards: either for that good men are so rare, and wicked men abound; or for that it seemes more profitable for a Commonweale to restraine the wicked with the feare of punishment, than to in∣courage the good to vertue with rewards. But for that punishmēts are odious of them∣selues,

and rewards fauourable, therefore wise Princes haue accustomed to referre pu∣nishments [ A] vnto the Magistrate, and to reserue rewards vnto themselues, to get the loue of the subiects, and to flie their hatred: for which cause Lawyers and Magistrates haue treated amplie of punishments, and but few haue made any mention of rewards. And although the word merit is taken in the best sence, as Seneca saith, Altius iniuriae quam merita descendunt, Iniuries make a deeper impression than merits, yet we will vse it in∣differently and according vnto the vulgar phrase. Euery reward is either honorable, or* 1.167 profitable, or both together, else it is no reward, speaking popularly and politikely, see∣ing we are in the middest of a Commonweale, and not in the schooles of the Acade∣mikes and Stoikes, which hold nothing to be profitable that is not honest; nor hono∣rable which is not profitable: the which is a goodly paradoxe, and yet contrarie to [ B] the rules of policie, which doe neuer ballance profit with the counterpoise of honour: for the more profit rewards haue in them, the lesse honourable are they, and alwayes the profit doth diminish the beautie and dignitie of the honour. And euen those are most esteemed and honoured, wherein they imploy their goods to maintaine the ho∣nour. So as when we speake of rewards, we vnderstand triumphes, statues, honoura∣ble charges, estates, and offices, which are therefore called honors: for that many times the priuat estates of famous men are wasted thereby: the rest haue more profit than honour in them, as benefices, militarie gifts, immunities of all or some charges; as of ta∣xes, imposts, wardship, exemptions from the warre; and from ordinarie judges, letters [ C] of estate, of freedome, of legitimation, of faires, of gentrie, of knighthood, and such like. But if the office be hurtfull, and without honour, it is no longer a reward, but a charge or burthen. Neither may wee confound a reward and a benefit; for a reward is giuen* 1.168 vpon good desert, and a benefit vpon speciall fauour. And as Commonweals be diuers, so the distribution of honours and rewards is verie different in a Monarchy, and in the other two estates. In a Popular estate rewards are more honourable than profitable: for the common people hunt only after profit, caring little for honour, the which they* 1.169 doe willingly giue to them that are ambitious. But in a Monarchie the prince is more iealous of honour than of profit, especially if he be a tyrant, who takes nothing more disdainefully, than to see his subiect honoured and respected; fearing least the sweet in∣tising [ D] bait of honour, should make him aspire and attempt against his estate: or els for that a tirant cannot endure the light of vertue: as we read of the emperor Caligula, who* 1.170 was iealous and enuious of the honor that was done to God himself: and the emperor Domitian, who was the most base and cowardly tyrant that euer was, yet could hee ne∣uer endure that any honour should be done vnto them that had best deserued, but hee put them to death. Sometimes princes in stead of recompencing of worthy men, they put them to death, banish them, or condemne them to perpetuall prison, for the safetie of their estates. So did Alexander the Great to Parmenio his constable, Iustinian to Bel∣lisarius, Edward the fourth to the earle of Warwike; and infinit others, who for the re∣ward of their prowesse haue bene slaine, poisoned, or ill intreated by their princes. And [ E] for this cause, as Tacitus writes, the Germans did attribut all the honour of their goodly exploits vnto their princes, to free themselues from enuie which followes vertue. And therefore we neuer see Monarches, & much lesse tyrants, to graunt triumphes and ho∣nourable entries vnto his subiects, what victorie soeuer they haue gotten of the ene∣mie.* 1.171 But contrariwise a discreet captaine, in stead of a triumph at his returne from vi∣ctorie, humbling himselfe before his prince, he saith, Sir, your victorie is my glorie, al∣though the prince were not present: for hee that commaunds deserues the honour of the victorie, euen in a Popular estate: as it was adiudged betwixt the Consull Luctatius and Valerius his lieutenant, vpon a controuersie they had for the triumph, the which

Valerius pretended to be due vnto him, for that the Consull was absent the day of the [ F] battell. So we may say, that the honour of the victorie is alwayes due vnto the prince, although he be absent the day of the battell: as Charles the fift, king of France was, who gaue his armes vnto one of his gentlemen, and retired himselfe out of the fight, fearing to fall into his enemies hands: And for this cause he was called wise, remembring how preiudiciall his fathers captiuitie was vnto Fraunce. The like we may say of Popular* 1.172 estates, that the generals victories belong vnto the people vnder whose ensigns they haue fought, but the honor of the triumph is giuen vnto the Generall: the which is not obserued in a Monarchy. Which is the chiefe, and it may be the onely occasion, why in Popular estates well gouerned, there are more vertuous men than in a Monarchy: For that honor which is the onely reward of vertue is taken away, or at the least much [ G] restrained from them that deserue it in a Monarchy, and is graunted in a lawfull Popu∣lar* 1.173 estate, euen in matters of armes. For as a generous and noble minded man doth more esteeme honour than all the treasure of the world; so without doubt he will wil∣lingly sacrifice his life and goods for the glorie he expects: and the greater the honours be, the more men there will be of merit and fame. And therefore the Commonweale of Rome hath had more great Captaines, wise Senators, eloquent Orators, and lear∣ned Lawyers, than any other Commonweale, either Barbarians, Greeks, or Latines: For he that had put to rout a legion of the enemies, it was at his thoice to demand the triumph, or at the least some honourable charge; one of the which could not bee deni∣ed him. As for the triumph, which was the highest point of honour a Roman citisen [ H] could aspire vnto, there were no people vnder heauen where it was solemnised with more state and pompe than at Rome: For he that triumphed, made his entrie more* 1.174 honourable than a king could doe in his realme, dragging the captiue kings & com∣maunders in chaines after his chariot, hee sitting on high attired with a purple robe wrought with gold, and a crowne of baies accompanied with his victorious armie, be∣ing braue with the spoyles of their enemies, with a sound of trumpets and clarons, ra∣uishing the hearts of all men, partly with incredible ioy, and partly with amazement & admiration: and in this manner the Generall went vpto the Capitoll to doe sacrifice. Aboue all (saith Polybius) that which did most inflame the youth to aspire to honour, were the triumphall statues or images liuely drawne of his parents and predecessors, to [ I] accompnie him to the Capitoll. And after he had done the solemne sacrifice, hee was conducted home to his house by the greatest noble men and captaines. And those which died were publikely praysed before the people, according vnto the merits of their forepassed lines. And not onely the men, but also the women, as we read in Titus Liuius, Matronis honor additus, vt eorum sicut virorum solemnis laudatio esset, There was honour giuen vnto matrons, that there might bee a solemne commendation of them as of men. I know there are preachers which will say, That this desire of honour is vaine, which euerie good man should flie: but I hold that there is nothing more ne∣cessarie for youth (as Theophrastus said) the which doth enflame them with an honest ambition; who when as they see themselues commended, then do vertues spring and [ K] take deeper root in them. And Thomas Aquinus saith, That a prince must bee nouri∣shed with the desire of true glorie, to giue him the taste of vertue. We haue no reason then to maruell, if neuer any Commonweale did bring forth such famous men, and so many, as Rome did: For the honours which were graunted in other Commonweals, came nor neere vnto them which were giuen in Rome. It was a great reward of ho∣nour* 1.175 at Athens, and in the Olympike games, to be crowned with a crowne of gold in the open theatre before all the people, and commended by an Orator; or to obtaine a statue of brasse, or to be enterrained of the publike charge, or to be the first, or of the

first rank in places of honors, for himselfe & his house; the which Demochares required [ A] of the people for Demosthenes, after that he had made a repetition of his prayses, wher∣in there was no lesse profit than honour. But the Romans (to giue them to vnderstand that they must not esteeme honour by profit) had no crowne in greater estimation,* 1.176 than that of grasse or greene corne, the which they held more pretious than all the crownes of gold of other nations. Neither was it euer giuen to any, but to Q. Fabius Maximus, surnamed Cunctator, with this title, Patrie seruatori, To the preseruer of his countrey. Wherein the wisedome of the auntient Romans is greatly to be commen∣ded, hauing thereby banished couetousnesse and the desire of gainefull rewards; and planted the loue of vertue in the subiects hearts, with the price of honour. And where∣as other princes are greatly troubled to find money, to emptie their coffers, to sell their [ B] reuenewes, to oppresse their subiects, to forfeit some, and to spoile others, to recom∣pence their slaues and flatterers (although that vertue cannot bee valued by any price) the Romans gaue nothing but honours, for that the captaines respected nothing lesse than profit: and euen a priuat Roman souldiour refused a chaine of gold of Labienus lieutenant to Caesar, for that he had hazarded his life couragiously against the enemie, saying, That he would not the reward of the couetous, but of the vertuous; the which* 1.177 is honour, that we must haue alwayes before our eyes. But vertue must not follow, but goe before honour: as it was decreed by the auntient high Priests at Rome, when as Consull Marcus Marcellus had built a temple to Honour and Vertue; to the end the vows and sacrifices of the one should not be confounded with the other, they resolued [ C] to make a wall to diuide the temple in two, but yet so, as they must passe thorow the temple of Vertue, to enter into that of Honour. And to speake truely, the auntient Ro∣mans onely did vnderstand the merits of vertue, and the true points of honour. For although the Senator Agrippa left not wherewithall to defray his funerall, nor the Consull Fabricius nor the Dictator Cincinnatus wherewithall to feed their families, yet the one was drawne from the plo•…•…gh to the Dictatorship, and the other refused halfe the kingdomes of Pyrrhus, to maintaine his reputation and honour. The Com∣monweale was neuer so furnished with worthy men, as in those dayes, neither were ho∣nours and dignities better distributed than in that age. But when as this pretious re∣ward [ D] * 1.178 of vertue was imparted to the vicious and vnworthy, it grew contemtible, so as euery one scorned it, and held it dishonourable: as it happened of the gold rings which all the gentlemen of Rome neglected, seeing Flauius a libertine to Appius and a popu∣lar man, created Aedile, or chiefe ouerseer of the victuals; the which they were not ac∣customed to giue to any but gentlemen, although he had deserued well of the people. And the which is most to be feared, good men will abandon the place wholly to the wicked, for that they will haue no communication nor fellowship with them: as Cato the younger did, who being chosen by lot with diuers other judges to iudge Gabinius, and seeing that they pretended to absolue him, beeing corrupted with gifts, hee retired himselfe before the people, and brake the tables that were offered vnto him. So did the chast women in this realme, who cast away their girdles of gold, the which none might [ E] weare that had stained their honours, who notwithstanding did weare girdles, & then they said, Que bonne renommee valoit meux que ceinture doree, That a good name was better than a golden girdle. For alwaies vertuous men haue impatiently endured to bee equalled with the wicked in the reward of honour. Haue wee not seene that the onely meanes that king Charles the seuenth found to make a number of vn∣worthy men, who had gotten the order of knights of the Starre, by women or fauour, to leaue it, he decreed, That the archers of the watch at Paris, should weare a star vpon* 1.179 their cassockes, which was the marke of Saint Owen: whereuppon all the knights of

this disorder left the starre. As in like case the people of Athens disanulled the law of [ F] Ostracisme, by the which the best men were banished their countrey for three yeares, when as Hyperbolus one of the worst and wickedest men of Athens had bene condem∣ned by that law.

It is a daungerous and very pernitious thing in euery Commonweale, to grant ho∣nours and rewards without any difference, or to sell them for money; although that they which thinke to win honour in buying their offices, abuse themselues as much as those which thought to flie with the golden wings of Euripides, making that which should be the lightest of all others, of the heauiest mettall: for then the precious trea∣sure of honour turnes to dishonour; and honour being once lost, then do they exceed* 1.180 in all vice and wickednesse: the which shall neuer happen if the distribution of rewards [ G] and punishments be ordered by a harmoniacall iustice, as wee will shew in the end of this worke. If a Consull be allowed a triumph, it is reason that captains and lieutenants should haue the estates and offices, the horsmen the crowns and horses, and the priuat soldiors also should haue part of the arms & spoils. And in the bestowing of offices they* 1.181 must also haue a respect vnto the qualitie of persons: to Gentlemen the offices of Con∣sull, and Gouernments; to the Plebeians the Tribunes places, and other meane offices fit for their qualities and merits: and if the vertue of a meane man or of a priuate soul∣dier be so great that hee exceeds all others, it is reason that he haue his part in the grea∣test dignities, as it was decreed by the law Canuleia, to appease the seditions betwixt the nobilitie of Rome and the people: but he that would make a Consull, a knight of [ H] the Order, or a master of the horse, of a base fellow that had neuer caried arms, without doubt he should blemish the dignitie of rewards, and put the whole estate in danger of ruine. In old time there was more difficultie to create a simple Knight, than is now to make a Generall: they must haue deserued well, and prepare themselues for it with great solemnitie. And euen Kings children and Princes of the bloud were not admit∣ted* 1.182 to be Knights but with great ceremonies: as we may reade of Saint Lewis, when he made his sonne Philip the 3. Knight, who afterwards created Philip the faire Knight in the yeare 1284 and he his three children in the presence of all his Princes: and which is more, king Francis the first after the battaile of Marignan caused himselfe to be dub∣bed knight by Captaine Bayard, taking his sword from him. But since that cowards and [ I] housedoues caried away this price of honor, true knights neuer esteemed it: so as Charles the sixt at the siege of Bourges made aboue fiue hundred knights banerets, & many other knights, which had not power to raise a banner, as Monstrelet said. In like sort that militarie girdle which the Roman Emperours did vse to giue as a reward of honor to them that had deserued well of the Commonweale; as the coller of the or∣der, the which they tooke away in reproch, as Iulian the Emperour did from Iouinian and other christian Captaines; and the honor of a Patrician, the which the Emperours of the East did esteeme as the highest point of honor and fauour: in the beginning it was not giuen but vnto the greatest Princes and noble men. As we read that the Em∣perour Anastasius sent the order of a Patrician to king Clouis in the citie of Tours, but [ K] after that it was imparted to men of base condition and vnworthie of that honor, it grew contemptible, so as Princes haue bin of necessitie glad to forge new honors, new prizes, and new rewards. As Edward the third king of England made the order of Saint George, or of the Garter: and soone after the 6 of Ianuary 1351 king Ihon did institute the order of the Starre in the Castell of Saint Owen: and long after that Philip the se∣cond* 1.183 duke of Burgogne erected the order of the golden Fleece: and 40 yeres after him Lewis the II king of France made the order of Saint Michaell; as also after him the dukes of Sauoy haue instituted the order of the Anonciado, and other Princes haue

done the like, to honor with the title of Knighthood those that deserued well, whose [ A] seruices they cannot otherwise reward. By the first article of the golden Fleece, the* 1.184 which was instituted the tenth of Ianuary 1429 no man might be Knight of that or∣der, vnlesse he were a Gentleman of name and armes, and without reproch: by the se∣cond, he might not carrie any other order of what Prince soeuer, but with the priuitie & consent of the chiefe of the order: the seuenth article wils, That all personall quarrels and dissentions of Knights among themselues shall be decided by Iudges of the order, the which is a bodie and Colledge, with a Chancellor, Treasorer, King at armes, Re∣gister, a priuat Seale of the order, and soueraigne iurisdiction, without appeale or ciuill request. Lewis the II imitating the example of Philip Duke of Bourgogne, who had entertained him in the time of his disgrace with his father, instituting the order of Saint [ B] Michell into a Colledge, the first day of August in the yeare 1469 he set downe those articles whereof I haue made mention, and all other articles specified in the institution* 1.185 of the Fleece: and besides in the 37 article it is said, That when any assemblie shall be made the life and conuersation of euery Knight shall be examined one after an other, during which examination they shall depart out of the Chapter, and be called againe to heare the admonitions and censures of the Chancellor of the order: and in the 38 article it is said, That an examination and censure shall be made of the soueraigne and head of the order, which is the King, as of the rest to be punished and corrected, accor∣ding to the aduice of the brethren of the order, if he hath committed any thing against [ C] the honor, estate, and dutie of Knighthood, or against the statutes of the order: and in the 42 article it is decreed, That any Knights place being voyd, the Chapter shall pro∣ceed to a new election, and the Soueraignes voice shall stand but for two: and both he and all the Knights of the order shall be bound to take a solemne oth at their entrie into the Chapter, to chuse the worthiest that they know, without respect to hatred, friend∣ship, fauour, bloud, or any other occasion, which might▪ diuert them from the right: which oth shall be made in the Soueraignes hands from the first vnto the last: and in the last article there is an expresse clause, That neither the King nor his successors, nor the chapter of the order may not derogate from the articles of the institution. Behold briefly the institution of the order and Colledge of honor, the goodliest and the most [ D] royall that euer was in any Commonweale, to draw, yea to force mens minds vnto vertue. It may be some one will say, that the first institution of 31 Knights in the order of the golden Fleece, of 36 in the order of France, and of 24 in the order of the Garter instituted at Windsor, cuts off the way to vertue, for that it is expresly defended in the last article of the ordinances of Lewis the II, not to increase that number, although the Soueraigne Prince and the whole Chapter were so resolued; but in my opinion it is one of the chiefest articles that ought to haue bene dulie obserued: to auoid the incon∣ueniences which we haue seene by the infinite number of the order of Saint Michell,* 1.186 for the number is sufficient to receiue them that shall deserue that honor: and the fewer there are, the more it will be desired of all men: as at a prize, the which is the more [ E] greedily desired, for that euery man hopes for it, and few carrie it. And in this number soueraigne Princes are not comprehended, to whom they present the order only for honor, for that they cannot be tyed to the lawes of the order, and retaine the rights and prerogatiues of soueraigntie. And although the number were small, yet were there but foureteene Knightes at the first institution of the order, the which are named in the ordinance: and in the time of King Francis the first the number was neuer full. So it is most certaine, that there is nothing that doth more blemish the greatnes of the honor, than to impart it to so many And for this cause many seeing the smal account was held of the order, procured to haue their Seigneuries erected into Earledomes, Marquisats,

and Duchies, which number hath so increased in a short time, as the multitude hath [ F] bred contempt, so as Charls the ninth enacted by an edict, That after that time all Du∣chies, Marquisats and Counties should be vnited vnto the Crowne, if the Dukes, Marquises and Earles dyed without heires males issued of their bodies, although the said Seigneuries had not in former times belonged vnto the Crowne: the which is a verie necessarie Edict to restraine the insatiable ambition of such as had not deserued these titles of honor, whereof the Prince should be iealous. And generally in all gifts, rewards, and titles of honor it is expedient (for the greater grace of the benefi) tthat he only which holds the Soueraigntie should bestow it on him that hath deserued; who will thinke himselfe much more honored, when his Prince hath giuen him his reward, seene him, heard him, and graced him. Also the Prince aboue all things must be iea∣lous [ G] that the thanks of his bountie may remaine, banishing from his court those sellers of smoke, or punishing them as Alexander Seuerus did, who caused one to be tyed* 1.187 vnto a post, as Spartian saith, and smothered him with smoke, causing it to be proclai∣med by the trompet, So perish all such as sell smoke. He was fauored by the Empe∣rour, who as soone as he knew the name of any one whom the Emperour meant to grace either with honor or office, he went vnto him, promising him his fauour, the which he sold at a high rate, and like a horseleech of the Court he suckt the bloud of the subiects to the dishonor of his Prince, who should hold nothing more deere than the thanks of his gifts and bountie; else if he indure that his houshold seruants steale a∣way the fauours of his subiects, it is to be feared that in the end they will make them∣selues [ H] masters, as Absolon did, who shewing himselfe affable and courteous to all the subiects, abusing the charges of honor, offices, and benefices, giuing them vnder the fa∣uour of the King his father to whom he pleased; he stole from him (saith the scripture) his subiects hearts, and expelled him from his royall throne. We read also of Otho, who hauing receiued 2500 crownes for a dispensation which the Emperour Galba gaue at his request, he gaue them among the Captaines of the guards, the which was a chiefe meanes for him to vsurp the State, after that he had caused Galba to be slaine. This gift was like vnto the Eagle which the Emperour Iulian caried in his Standard, the which pulled off her owne feathers, whereof they made arrowes to shoot at her. For* 1.188 the same occasion the last kings issued from Meroue and Charlemaigne were expelled [ I] from their estates by the Maiors of the pallace, who gaue all offices and benefices to whom they pleased without the kings priuitie or consent: and therefore Loup Abbot of Ferrieres did write vnto Charles the 3 king of France, aduising him to haue a speciall care that his flatterers and courtiers did not steale from him the thanks of his liberalitie. Some will say, that it is impossible for a Prince to refuse his mother, brethren, children, and friends: I must confesse it is a hard matter to auoid it, yet I haue seene a King who* 1.189 being importuned by his brother for another, said vnto him in the presence of the su∣tor, Brother, at this time I will do nothing for your sake, but for the loue of this man who hath deserued well, to whom he graciously granted what his brother had deman∣ded. But if the Prince will wholie yeeld himselfe to the appetite of his followers, we [ K] may well say that he is but a cipher, which giues all power vnto others, & reserues no∣thing to himselfe: he must therefore know which be good and vertuous men, and that haue well deserued. And least the Prince should be forced to denie many importunate beggers, he must make choise of wise and faithfull masters of requests, to receiue euery mans petition, who may dissuade such as demaund any thing that is vniust or against the good of the State, or at the least they must acquaint the Prince therewith that he may not be surprised in his answer: By this meanes importunat beggers shall be kept backe by goodmen, neither shall they haue any cause to bee discontented with the

Prince, who they will thinke vnderstands not thereof, or else he will satisfie them with [ A] * 1.190 pertinent reasons, wherein the Emperour Titus is greatly commended, for that he ne∣uer sent away any man discontented, whether he granted or refused what he deman∣ded, and therefore they called him, The delight of mankind. Moreouer an impudent begger knowing that his petition shall be viewed, red and examined by a wise Chan∣cellor, or an vnderstanding master of requests will not presume to pursue a thing that is vniust; for Princes neuer want flatterers and impudent beggers, the which haue no other end but to drinke the bloud, eate the boanes, & suck the marrow both of Prince and subiect: and those which haue best deserued of the Commonweale, are common∣ly* 1.191 most kept back, not only for that their honor forbids them to flatter, and to beg the reward of vertue, which should be offred vnto them: but also for the charges and ex∣pences [ B] of the pursuite, and many times without all hope. And if their petitions be once reiected, they will not make a second attempt, no more then Callicratidas a Lacede∣monian Captaine (one of the most vertuous of his age) who was mockt of the Cour∣tiers of yong Cyrus, for that he had not the patience to court it long: and contrariwise Lisander a flattering courtier, if euer any were, obtained whatsoeuer he demaunded.* 1.192 A modest and bashfull man is amazed in this case, where as the impudent preuaile, knowing well the humor of Princes, who alwaies loue them to whom they haue done most good, and the most part hate them to whom they are most bound: and to say the truth, the nature of a benefit is such, as it doth no lesse bind him that giues, than him [ C] that receiues it: and contrariwise thanks and the acknowledging of a benefit is trouble∣some to an ingratefull person, and reuenge is sweet, wherof Tacitus giues the reason,* 1.193 saying, Proniores ad vindictam sumus quàm ad gratiam, quia gratia oneri, vltio in questu •…•…betur: We are more prone to reuenge then to giue thanks, for thanks is held a bur∣then, and reuenge a gaine. And although that many Princes neither pay, nor giue any thing but words, yet the least promise that is made vnto them they hold as a firme bond. There is yet an other point which hinders and cuts off the rewards of good men, which is, that if a wise Prince bestowes any office, priuiledge, or gift to whom soe∣uer, before he can enioy it, he must giue the one halfe in rewards: and oftentimes their promises are sold so deere, as they carrie away little or nothing at all, the which is an in∣curable [ D] disease but by seuere and rigorous punishments, for the which they must of ne∣cessitie* 1.194 prouide, seeing that punishments and rewards are the two firmest supports of a Commonweale. The best meanes to preuent it is for the Prince to cause the gift to be brought and deliuered, and if it were possible to be present thereat himselfe, specially if it be to a man of worth: for the gift comming in this sort from the Princes own hand, hath more efficacie and grace, then a hundred times as much giuen him by an other repiningly, or curtalled for the most part. The like censure is to be made of praise or commendations, which the Prince deliuers with his owne mouth to him that hath deserued it, the which hath more effect then all the wealth that he can giue him: and a reproch or blame is as a stabbe vnto generous minds to force them to do well. But it is [ E] impossible euer to see a iust distribution of punishments and rewards, so long as Prin∣ces shall set to sale dignities, honors, offices, and benefices, the which is the most dange∣rous and pernitious plague in a Commonweale. All nations haue prouided for it by* 1.195 good and wholesome lawes; and euen in this realme the ordinance of S. Lewis notes them with infamie that haue vsed the fauour of any man to procure them offices of iustice, the which was reasonablie well executed vntill the raigne of king Francis the first, and in England it is yet rigorously obserued, as I haue vnderstood by M. Randall the english Ambassador; the which was also strictly decreed by an edict of Ferdinand, great Grandfather by the mothers side to Philip, made in the yeare 1492 where as the

forme of choosing of offices of iustice is set downe: Que no se puedan vender, ny trocar [ F] officios de Alcaldia, ny AlquaZiladgo, ny regimiento, ny veyntes quatria, ny fiel executoria, ny iuraderia. It is not needfull to set down the inconueniences & miseries that a Com∣monweale is subiect vnto by the sale of offices, the labour were infinite being so well knowne to all men. But it is more difficult in a popular State to perswade them that this trafficke is good, then where as the richest men hold the Soueraignetie. it is the onely meanes to exclude the poorer sort from offices, who in a popular estate will* 1.196 haue their parts without paying any money, and yet hardly shall they obserue these prohibitions, when as the common people shall reape some benefit by choosing of ambitious men. As for a Monarke, pouertie sometimes forceth him to breake good lawes to supplie his wants, but after they haue once made a breach, it is impossible to [ G] repaire it. It was forbidden by the law Petilia to go to fayers and assemblies, to sue for the peoples fauour & voyces. By the law Papiria no man might weare a white gowne. The law Calphurnia declared him incapable for euer to beare any office that had been condemned of ambition, vnlesse he had accused and conuicted an other, and he that had caused his competitor to be condemned of ambition, he obtained his office; after∣wards punishment was made greater by the law Tullia, published at the request of Ci∣cero, whereby it was decreed that a Senator condemned of ambition should be bani∣shed for ten yeares, but it was not obserued by the rich, who sent their broakers into the assemblie of the States with great sommes of money to corrupt the people, so as Caesar fearing to haue one ioyned with him in the Consulship that might crosse his [ H] designes, he offred his friend Luceius as much money as was needfull to purchase the peoples voyces: whereof the Senat being aduertised, they appointed a great somme of money for his competitor Marcus Bibulus to buy the peoples suffrages, as Suetonius doth testifie. This was vpon the declining of the popular estate, the which was ouer∣throwne* 1.197 by this meanes; for vndoubtedly they which make sale of estates, offices, and benefices, they sell the most sacred thing in the world which is Iustice, they sell the Commonweale, they sell the bloud of the subiects, they sell the lawes, and taking a∣way all the rewards of honor, vertue, learning, pietie, and religion, they open the gates to thefts, corruption, couetousnes, iniustice, arrogancie, impietie, and to be short, to all vice and villanie. Neither must the Prince excuse himselfe by his pouertie, for there is [ I] no auailable excuse, or that hath any colour to seeke the ruine of an estate, vnder a* 1.198 pretence of pouertie. And it is a ridiculous thing for a Prince to pretend pouertie, see∣ing he hath so many meanes to preuent it if he please. We reade that the Empire of Rome was neuer more poore and indebted then vnder the Emperour Heliogabalus that monster of nature, and yet Alexander Seuerus his successor, one of the wisest and most vertuous Princesse that euer was would neuer indure the sale of offices, saying in the open Senat, Non patiar mercatores potestatum, I will not indure these marchants, or* 1.199 buyers of dignities: and yet this good Emperour did so abate the taxes and imposts, as he that paied one and thirtie crownes vnder Heliogabalus, paied but one crowne vnder Alexander, resoluing, if he had liued, to take but the third part of it, but he raigned but [ K] foureteene yeares after that he had freed his predecessors debts, and defeated the Par∣thians and the people of the north, leauing to his successor an Empire florishing in armes and lawes. But his court was wisely ordred, excessiue prodigalities were cut off, rewards were equallie destributed, & the theeues of the publike treasure were seuerely punished. He was called Seuerus, by reason of his seueritie. He hated flatterers as a* 1.200 plague to all Princes, neither durst the horseleeches of the court come neere him. He was very wise in all things, but especially in the discouering of mens humors, and of a great iudgement in decerning of euery mans merits; being reuerent with a seuere kind

of maiestie. We haue shewed before, that the softnes or simplicitie of a Prince is dan∣gerous [ A] to an estate. After that the great king Francis the first became (through his old age) austere and not so accessible, the flatterers and horseleeches of the court came not* 1.201 neere him, so as the treasure was so well husbanded, as after his death they found seuen∣teene hundred thousand crownes in readie money, besides the quarter of March which was readie to be receiued: and his realme full of learned men, great Captaines, good Architects, and all sorts of handicrafts, and the frontires of his estate extending euen vnto the gates of Milan, being assured by a firme firme peace with all Princes. And although that he had been encountred with great and mightie enemies, and had been taken pri∣soner and paied his ransome, yet did he build Cities, Townes, Castles, and stately Palla∣ces: but the facilitie and too great bountie of his successor Henry the second brought [ B] * 1.202 the estate indebted within little more than twelue yeares after, foure millions three hundred fortie eight thousand three hundred nintie three pounds eighteene shillings starling (as I learned out of the accounts) and the countries of Sauoy and Piedmont, with all that which they had conquered in thirtie yeares before, lost, and the rest much ingaged. I omit to speake how much France was falne from her antient dignitie and beautie, how worthie men were kept from their degrees, vertuous men troden vnder foote, and the learned contemned: and all these miseries came vpon the realme, for that* 1.203 he did prodigallie giue dignities, offices, benefices, and the treasure to the vnworthie, and suffered the wicked with all impunitie. That Prince then that will enioy a happie estate let him refer the punishment of offences to the Magistrate, as it is expedient, and [ C] reserue rewards vnto himselfe, giuing by little and little according to euery ones merit, that the thanks may be the more durable; and commaund punishments to be done at an instant, to the end they may be the lesse grieuous to them that suffer them, and the feare deeper grauen in the harts of others, terrifying them from their wicked and dis∣ordred liues. These lawes of punishments and rewards being dulie obserued in a Com∣monweale, vertue shall be alwaies honorablie rewarded, the wicked shall be banished, publick debts shall be paied, and the State shall flourish with all aboundance. But for that the frauds of courtiers are so many, and such infinit deuises to rob the treasurie, so as the wisest Princes may be circumuented, a law was made by Philip of Valois, and [ D] * 1.204 verified in the court of Parliament, and chamber of accompts, whereby it was enacted, That all gifts giuen by the king should be void, if his letters pattents did not containe whatsoeuer had been giuen to him or to any of his predecessors in former times by the Princes bountie: which law although it were most profitable, yet was it abrogated two yeares after by their meanes that were interessed, finding how much it did preiu∣dice them, so as it was enacted that it should bee sufficient to haue the derogatorie an∣nexed to their pattents, as I haue seene in the auntient registers of the court: but that also was taken away, least any remembrance of benefits should hinder the Princes bountie.

There was another law made by Charles the 8. whereby all gifts aboue ten pounds starling should be enrolled: but since they haue vsed so much fraud, as one in this realm [ E] was not ashamed to bragge in a great assembly, That he had gotten (besides his offices) fiue thousand pounds starling a yeare of good rent, and yet there was not any one gift made vnto him to be found in all the registers of the chamber, although it were appa∣rant that he had nothing but from the king. We must not therefore wonder at great debts, seeing the treasure is exhausted after so strange a manner, as hee that hath most* 1.205 receiued, makes a shew to haue had nothing. For to giue so much to one man, although he deserue well, doth not onely waste the treasure of the Commonweale, but also stirre vp the discontented to seditions and rebellions. And one of the best meanes to preserue

an estate in her greatnesse, is to bestow gifts and rewards on many, to continue euerie [ F] one in his dutie, and that they may ballance one another. Also an aduised prince must giue sparingly to the importunat, and offer to them that beg not, so as they bee of good desert, for some can neuer aske, nor yet take it when it is offered them. As Antigonus king of Asia said, That he had two friends, whereof the one could neuer be satisfied, & the other could neuer be forced to take any thing. To such men Dionisius the elder, lord of Siracusa, behaued himselfe wisely, For to vs (said Aristippus) which demaund* 1.206 much he giues little, and to Plato who craues nothing, he giues too much. This was a safe kind of giuing, retaining both the money and the thankes. Yet princes haue ma∣ny other means to grace and reward a seruant, than with mony, the which is lesse estee∣med by men of honour, than a good looke, an alliance, a marriage, or a gracious re∣membrance. [ G] And sometimes the gift is such, as it brings more profit to him that giues it, than to him that receiues it. Charles the fift, emperour, being come into Spaine, to* 1.207 requite the well deseruing of the duke of Calabria (who had refused the crowne and kingdome of Spaine, which was offered vnto him by the estates) being then a prisoner, he freed him out of prison, and married him to one of the richest princesses that was then liuing, widow to king Ferdinand: with the which deed the people receiued great content, the duke great honour, wealth, and libertie, and the emperour the loue of the duke, the loue of the people, and the assurance of his estate, without any charge: And moreouer by this meanes hee kept the widow from marrying with any forren prince: giuing to the duke a wife that was aged and barren, to the end that the dukes [ H] line (which made a pretence to the realme of Naples) should be extinct with him.

It is a principal point which a prince ought to respect, That his bountie and rewards be giuen with a cheerfull heart: for some are so vnpleasing, as they neuer giue any thing without reproach, the which taketh away the grace of the gift, especially if the gift be in stead of a reward or recompence. But they do much worse, which giue one & the same office, or one confiscatton to many, without aduertising either the one or the other: the which is no benefit, but an iniurie. This is to cast the golden apple among subiects* 1.208 to ruine them. And oftentimes we see them consumed with suits, and murder one ano∣ther with the sword: whereby the prince shall not onely loose the fruits of his bountie, but the loue of his subiects, and reape for thankes eternall hatred. The which is a grosse [ I] errour in matters of state, and yet vsuall among princes; not so much through forger∣fulnesse of that which is past, but of set purpose, being falsly instructed from their youth, That they must be liberall and refuse no man, thereby to win the hearts of all men: and yet the end is quite contrarie to that which they haue propounded, giuing one thing to many. And to refuse no man, is not to be liberall nor wise, but prodigall and indiscreet. I would not onely haue the prince liberall, but bountifull, so as he proue not prodigall: for from a prodigall he will grow to be an exactor, and of an exactor a tyrant: and after that he hath giuen his owne, he must of force pull from others to giue. The laws ofli∣beralitie* 1.209 commaund, That he should obserue well to whome he giues, what hee giues, at what time, in what place, and to what end, and his owne abilitie that giues. But a so∣ueraigne [ K] prince must withall remember, that rewards must goe before gifts, and that he must first recompence them that haue well deserued, before he giue to such as haue nothing deserued; and aboue all, let him measure his bountie according to his abilitie. The Romans to releeue the pouertie of Horatius Cocles (who alone had withstood the enemies armie, and saued the citie from sacking, and the citisens from ruine) they gaue him an acre of land, or little more; the which was much at that time, hauing but two leagues compasse about the citie. But Alexander the Great gaue kingdomes and em∣pires, and thousands of talents: if he had done otherwise it had beene against his maie∣stie

and greatnesse. Alphonsus the fift, king of Castile, gaue the kingdome of Portu∣gall [ A] * 1.210 to Henrie of Boulogne of the house of Loraine, from whome are issued the kings of Portugall for these fiue hundred and fiftie yeares: it was for a reward of his vertue, marrying him to his bastard daughter. But yet was he blamed, to haue giuen away so goodly an estate, his owne not being at that time much greater. In like sort wee may say, that the custome of the auntient Romans was commendable, to nourish vpon the publike charge three children borne at one birth, for a reward of the memoriall victo∣rie obtained by the three Horatij against the Curiatij. But Solons law, which would haue their children which had beene slaine in the warres for their countrey, maintained by the publike, could not continue, although it were practised throughout all Greece, as we read in Aristotle, for it did quite waste and consume their treasure. [ B]

If any one suppose, that the bountie and greatnesse of a prince shall not appeare, if he giue to none but to such as shall deserue; I will yeeld vnto him. I know that bountie &* 1.211 magnificence is well befitting a great prince: neither must wee thinke it strange if the prince aduance one of a poore and base condition to honour and wealth, so as there be vertue and merit in him: else if the prince shall raise an vnworthie person aboue good men, or equall him in ranke with great personages, in doing good to the one hee shall wrong all the rest. That worthy saying of Chilo is extant, one demanding of him what God did, He casts downe the proud (aunswered he) from aboue, and raiseth the poore and deiected to the highest degree of honour. A good prince should imitat God, aduancing the poore and vertuous to honours and riches. But when as the col∣ledge [ C] of Cardinals did admonish Pope Iulio the third, hauing created P. M. du Mont Cardinall, being a young boy whome he loued, saying, That it was a great dishonour to blemish so honourable an order with so base a man, hauing neither vertue in him, nor learning, neither nobilitie nor goods, nor any marke which might merit (as they said) to approach to such a degree: But the pope (who was verie pleasant) turning vnto the cardinals, What vertue, (saith he) what nobilitie, what learning, what honor,* 1.212 did you finde in me, to make me pope? It is most certaine, that a vicious and vnwor∣thy prince, will alwayes haue his friends and followers of his owne humor: as it ap∣peares by the emperour. Heliogabalus, who gaue the greatest offices, and inriched the [ D] most detestable villaines in all the empire: wherewith his subiects and guard being in∣censed, they slew that monster of mankind, with his mother, and threw them into the common priuies. But without any further search, we haue seene the proofe before our* 1.213 eyes, how disdainefully it hath bene taken to see the due rewards of good subiects, and vertuous men, giuen to the vicious, to straungers, and to the vnworthy, the which hath put the goodliest realme of Europe in combustion. For wee find, that the gifts in the yeare 1572 amounted to 270000 pounds starling: and the yeare following to 204400 pounds: and in the yeare 1574 there was giuen 54700 pounds: and in the six moneths following they gaue 95500 pounds starling, besides pensions which were not lesse than twentie thousand pounds starling: and the greatest part of all this treasure grew by the sale of offices, & by confiscations, which was the cause of all our miseries: and yet by [ E] the law of Fraunce, England, and Spaine, such buyers should be held infamous: which lawes should be reuiued, and that commendable custome which was practised vnder* 1.214 Seuerus maintained, who caused his name to be set vp in all publike places, whome hee meant to preferre to any gouernment, giuing leaue to all men to accuse him, yet with the paine of death to him that did it falsely, saying, That it was great shame to bee lesse carefull of the life and conuersation of a gouernour, than the Christians were of the qualities of their bishops and ministers, whome they examined with all rigour before they were admitted. The which is much more expedient than the manner of exami∣nation

which the Venetians, Genouois, Luquois, and Florentines, do vse, after that the [ F] officer hath left his charge. For a bad and corrupt magistrat growne rich with thefts, will not sticke to corrupt a judge, to saue both his life and his goods corruptly gotten. It is better therefore to preuent a disease, than to labour to cure it, and better late than neuer, that the feare of this search might keepe officers within the bounds of their du∣tie. But yet Solons law was farre better, by the which the life of the officer was exami∣ned both before his admittance to the office, and after he had left it: as we read in the* 1.215 pleadings of Demosthenes. Hauing then examined the life and manners of such as aspire to dignities, offices, benefices, knighthoods, exemptions, immunities, gifts and rewards. If their liues be polluted and wicked, they are not onely to be reiected, but also to bee punished. And rewards are to be distributed to good men, according to euerie mans [ G] merit: and by an harmoniacall proportion you must giue the purse to the most loyall, armes to the most valiant, iustice to the most iust, the cenfure to the most vpright, la∣bour* 1.216 to the strongest, the gouernment to the wisest, the priesthood to the deuoutest: yet hauing respect to the nobilitie, riches, age, and power of euerie one, and to the qua∣litie of the charges and offices. For it were a ridiculous thing to seeke a judge that were a warrior, a prelat couragious, and a souldiour with a conscience. We haue treated of Rewards, Triumphes, and Honours, which are for the most part giuen vnto men of warre: Let vs now see if it be fit to exercise the subiect in armes.

CHAP. V. [ H] Whether it bee more conuenient to trayne vp the subiects in armes, and to fortifie their townes or not.

IT is one of the highest questions of State, and it may be of the greatest difficultie to resolue, for the inconueniences that may rise on either part, the which I will treat of as briefly as I may, set∣ting down what I hold most conuenient, leauing notwithstan∣ding the resolution to the wise polititians. To follow the opini∣on of Aristotle simply, and to maintaine that a citie ought to be well fortified, well situated for the sending forth of an armie, and [ I] of hard accesse for the enemie; were not to decide the difficulties which might be ob∣iected, whether it should haue place in a Monarchie, as well as in a Popular estate, or in a tyranie as in a monarchie; seeing that we haue shewed before that Commonweals contrarie one vnto an other, or at the least very different, must be gouerned by contra∣rie or very different maximes. Besides, for the well training the subiect vp in armes, there is nothing more contrarie than to fortifie their townes, for that the fortification of them make the inhabitants effeminate and cowards: as Cleomenes king of Lacede∣monia doth witnes, who seeing the strong fortifications of a towne, he cryed out, O goodly retreat for women. And for this cause Licurgus the lawgiuer would neuer al∣low* 1.217 the city of Sparta to be fortified, fearing least the subiects relying on the strength of [ K] their walls should grow faintharted, knowing well that there was no such fortresse as of men, who will alwaies fight for their goods, liues, and honors, for their wiues, chil∣dren, and countrie, so long as they haue no hope in flight, or of any retreat to saue themselues. These two things then are contrarie, to haue warlike citisens, and fortified cities: for valiant and warlike men haue no need of castles, and those which dwell in strong places desire no warre. So we see the Tartarians in Scythia, and the Aethiopi∣ans and Arabians in Affrike, which are held to bee most warlike: and yet they haue no forts but tents, and some villages without wall or ditch. And euen the great Negus or

Preste-Ian, which is the greatest lord in all Affrike, hauing (as they say) fiftie kings vn∣der [ A] * 1.218 him that doe him homage, hath no forts nor castles, but his tents, but that fort on∣ly which is built vpon the top of the mountaine Anga, whereas all the princes of the blood are kept with a sure guard, least they should draw the subiects from the obedi∣ence of their prince by seditious factions. Yet there is no prince vnder heauen more reuerenced and respected of his subiects, nor more redoubted of his enemies, than in Tartaria, and Aethiopia. Forts are held fruitlesse and of small consequence in the opi∣nion* 1.219 of the greatest captaines, who hold him that is maister of the field, to bee maister of all the townes. It is well knowne, that after the battell of Arbella in Chaldea, wher∣as Darius the last king of Persia was defeated, that there was neither citie nor fort in all the whole Persian empire, that held out one day against Alexander the Great, al∣though [ B] there were an infinit number, and the conqueror had but thirtie thousand men. After that Paulus Aemilius had vanquished Perseus king of Macedon in battaile, there was not any one towne that made resistance, but all the whole kingdome yeelded in a moment. After the battell of Pharsalia, who forsooke not Pompey? all the townes and strong places of the East, which before were shut against Caesar, did now open their gates vnto him without any difficultie. And without any further search, it is well knowne, that after the victorie which king Lewes the twelft obtained against the Vene∣tians, he was presently maister of the townes. As in like case after the battaile of Ma∣rignan, all Lombardie, and euen the castell of Milan, yeelded vnto king Francis; and [ C] vpon his taking prisoner at Pauia, he lost all on the other side of the Alpes.

But there is a more necessarie reason against the fortifying of places, it is to bee fea∣red, that an enemie entring the stronger, and taking those strong places, hee will hold them, and by that meanes the whole countrey: whereas otherwise hauing once spoy∣led it, he shall be forced to leaue it. For this reason Iohn Maria de la Rouere duke of Vrbin, rased all the forts of his countrey, and retired himselfe to Venice, finding his for∣ces too weake to encounter the enemie; assuring him that the duke of Valentinois comming with all the power of the church could not hold it, being hated to the death, and the duke of Vrbin beloued and respected of his subiects; as it proued true. for pope* 1.220 Alexander being dead, the duke of Vrbin was receiued with great ioy of his subiects, [ D] and all other princes that were feudatories to the church, were either taken or slaine in their places of strength. And for the same cause the Geneuois, after the battaile of Pauia being reuolted from the king of Fraunce, besieged their fort called the Lanterne, and then rased it. As also the Milanois did the castle I of, the which was built before the Sforces were lords of Milan, to the end that forreine princes should bring them no more in subiection by meanes of their fort. So the auntient Siracusians did Acradina, and the Romans the cities of Corinth, Carthage, and Numance, the which they had neuer rased, if the fort of Acrocorinth and other places, strong by nature and easie to be fortified, had not forced them vnto it, least the inhabitants should make vse of them, as Philip the younger, king of Macedonie had done, who called the cities of Corinth, [ E] Chalcide, and Demetrias, the shackles and fetters of Greece. Which forts Titus Fla∣minius rased to the ground, to free them from the seruitude of the Macedonians, and to take away all feare of tyrants. The which is another strong reason to take all occasion from princes to tyrannize ouer their subiects, as those doe which assure themselues by Cittadels, which the people called Tyrants nests; and tyrants tearmed them a scourge for villaines, in contempt and scorne of the poore subiects: as Grislerus lieurenant to the emperour in Swisserland did, who built a fort in the vallie of Vri, and calling it Zwing Vri, that is to say, the yoake of Vri, which was the first occasion that moued the* 1.221 Cantons of the Swissers to reuolt, as we read in their histories. And Salomon was the

first that made a Citadell in Ierusalem, beginning euen then to intreat his subiects ill, [ F] exacting new tributes of them, giuing occasion to his successour to continue them, and for the ten tribes to reuolt, and to chuse themselues a king: for commonly Citadels breed a •…•…ealousie and distrust betwixt the prince and his subiects, the which is the nurce of all hatred, feare, and rebellion. And euen as castles and Citadels giue bad princes oc∣casion to afflict their subiects, so townes well walled and fortified, do oftentimes cause subiects to rebell against their princes and lords; as I haue shewed elsewhere. And ther∣fore the kings of England neuer suffer their subiects to fortifie their houses, the which is more strictly obserued in Moscouie, to auoid the rebellion of subiects, who are easi∣ly moued thereunto, trusting in their walles. And the inhabitants of Telesse in the realme of Thunis, relied so much in the strength of their citie wals, as commonly they [ G] slew their gouernours, not able to endure any commaund: so as the king of Thu∣nis going thither with a mightie armic, he demaunded of them, Who liued? they an∣swered him, The red wall: but hauing forced the towne, he rased it, and put all the in∣habitants to the sword: as Hannibal did at Saguntum, Sylla at Athens, the emperor Se∣uerus at Bizantium, Dagobert at 〈◊〉〈◊〉, Nabuchodonosor and Vespasian to the citie of Ierusalem, all which were reuolted for the trust they had in their •…•…orts, eating euen their children through the tediousnesse of sieges, and in the end haue bene rased, and the in∣habitants rooted out: the which would haue easily compounded, if the confi∣dence* 1.222 of their strong places had not abused them. For commonly wee see, that weake townes and ill fortified, doe soone compound and send away the enemie, for some [ H] peece of money, without any infamie or dishonour: as it hath bene seene by the citie of Paris, the which was neuer taken since that Caesar forced it, the which had beene long since rased if it had bene fortified, hauing bene so often threatned by the enemie: but still they haue preserued themselues by treaties and compositions, the which they had not done being well fortified, either for feare of reproach and dishonour which follow them, which treat with an enemie when they may resist: or for the obstinacie of the in∣habitants, or the heads of a faction, who had rather die, than yeeld vnto an enemie, ha∣uing* 1.223 no hope to escape, & seeing their houses on fire, they striue in ruining it, to quench it with the blood of their fellow citisens. But there be no cities so strong, that can long resist the canon, and much lesse famine: For if the besieged be few in number, they shal [ I] be soone wearie and tired: if there be many, they shall be the soo•…•…er star•…•…ed.

If then forts and citadels make a bad prince to tyrannize, an enemie to ceize vppon* 1.224 the countrey, subiects to be cowards towards an enemie, rebels to their prince, and se∣ditious among themselues? we cannot say they be profitable, or necessarie; but con∣trariwise hurtfull and pernitious to a Commonweale.

As for the other question, Whether we should traine the subiects vp in armes, and seeke warre rather than peace: It seemes we should not call that in doubt: for we must esteeme that Commonweale most happie, whereas the king is obedient to the lawes of God and nature, the magistrats vnto the king, priuat men to the Magistrats, the chil∣dren to the parents, the seruants to the maisters, & the subiects vnited together in loue, [ K] and all ioyntly with their prince to enioy the sweetnesse of peace and true tranquilitie of mind. But warre is contrarie to this which I haue said, and souldiours are sworne enemies to this kind of life. It is impossible for a Commonweale to flourish in religi∣on, iustice, charitie, integritie of life, and in all the liberall sciences and mechanike artes, if the citisens enioy not a firme and an assured peace. And who is more enemie to a peaceable man, than a furious souldiour? to a mild countrey man, than a bloodie warrior? to a philosopher, than a captaine? to the wise, than fooles? For the greatest delight that souldiours take, is to forrage and spoyle the country, rob the peasant, burne

villages, besiege, batter, force and sacke townes; massacre good and bad, young and [ A] old, all ages, and all sexes; force virgines, wash themselues in the blood of the murthe∣red, prophane holy things, rase temples, blaspheme the name of God, and tread vnder∣•…•…oot all dluine and humane lawes. These are the fruits of warre, pleasing and delight∣full to all souldiors, but abominable to all good men, & detestable before God. What* 1.225 need examples in so manifest a matter? who can thinke of them without horror? or heare them spoken of without sighing? Who knowes not the wounds of the hus∣bandman? who sees not their miseries? who heares not their complaints? Euery mans field, ca•…•…tell, and corne, wherewith we liue and draw our breath, are in the power of sol∣diours, that is (as many do interp•…•…et it) of robbers. If it be so, I see no reason why wee should instruct citisens in this cruell and execrable kind of life, or to arme them, but to [ B] * 1.226 repulfe violence in time of extreame necessitie. For those which take small occasions to make warre, are like vnto flies, which cannot hold themselues vppon a smooth poli∣shed glasse, but vp on rough places. And those which seeke warre to inrich themselues with their neighbours spoyles, shall be in continuall torment, leading a miserable life: for desire hath no bounds, although in show they seeme to be contented with the de∣sire of a kingdome: euen like vnto a slaue, who desires onely to be freed of his bands; being vnbound, he affecteth his libertie; and being free, he demaunds to bee made a ci∣tisen; after that he desires to be a magistrat; and being come to highest place of magi∣stracie, he affects to be a king; and being a king, hee will bee an absolute and sole mo∣narch; and in the end he will be worshipped as a God. How much more happy then [ C] is a prince, or a small Commonweale (although there be nothing little where there is content) enioying an assured rest, and a peace without enemies, without warre, and without enuie. For the bounds of a well ordered Commonweale are not limited by the sword, as Agesilaus boasted, but by iustice, as Pompey said to the king of the Par∣thians, when as he would haue the riuer of Euphrates to distinguish the bounds of the Roman and Parthian empires.

This haue I briefly obiected against the fortifying of cities, & militarie discipline: but many things may be said on the contrarie part, That townes without wals lie open* 1.227 to the spoyle of theeues and robbers, and the liues and liberties of the citisens, to the [ D] mercie of their enemies. Moreouer a towne without walles seemes to be a bait to in∣tice any one that would inuade it, who else would haue no desire, and lesse power, if it* 1.228 were well fortified: like vnto men that trauell vnarmed, they encourage theeues to kill them, to haue their spoiles. For it is manifest, that the sacke of cities is a bait for souldi∣diours, and he will willingly be an enemie to them that are weake, that durst not look of them being armed. Besides, the first, and in a manner the onely occasion to gather men together into one societie and communaltie, was for the tuition of euery one in* 1.229 particular, and of all in generall, and of their wiues, children, goods, and possessions, the which cannot be in safetie without wals. For, to say, that men will make a wall against the enemie, that may well be when as they must fight: but those which must make defence, are not commonly the fourth part of the inhabitants, for that there are [ E] alwayes more women than men, besides children, old men, sicke men and impotent, who can haue no recourse but vnto walles.

It is a ridiculous thing to say, That men without walls will be more valiant: if that were true, what need we any offensiue armes to affront the enemie, nay rather it should be necessarie to command euery man to fight naked, as Isadas did, being one of the goodliest and most valiant gentlemen of Sparta, who seeing Epaminondas with an ar∣mie of Thebans fighting with the Lacedemonians, and labouring to enter into their citie, he stript himselfe naked, and with a pertuisan in one hand, and a sword in the o∣ther,

he chargeth the enemie desperatly, whereas he did valiant exploits: for the which [ F] * 1.230 the seigneurie gaue him a crowne, but he was condemned in a fine, hauing so rashly a∣bandoned his life vnto the enemie, being vnarmed. In like sort should the Senat of Sparta haue been condemned in a great fine, for that they had abandoned the people and so great a citie to the mercie of their enemies; hauing no walls, the which without doubt had then fallen into the Thebans power if they had not been fortified with dit∣ches and rampars. If a rampar did then auaile for the safetie of the citisens, who doubts but walls will be more profitable? and if walls make the citisens cowards, mutinous, and rebels, why did they not fill vp the ditches of Lacedemon? But the euent doth shew which of the two is most profitable, for Cleomines king of Sparta hauing lost the battaile of Selaria, hauing no place of retreat was forced to flie into Aegypt, abando∣ning [ G] his estate and countrie to the enemie, who presently entred into the citie of Spar∣ta without any resistance. And if walls make men cowards, Lisander hauing taken A∣thens, would not haue razed the walls, the which Themistocles and Pericles had caused to be built for the defence of that citie, the which was afterwards the most flourishing of all the East. To say that the enemie shall not be able to hold a countrie if there be no walled townes, I yeeld vnto it: but who shall keepe him from the spoile of cities, from burning of houses, from murthering of men, rauishing of women, and leading children into captiuitie, according to the antient warres, that is, of the stronger? all hi∣stories are full of these calamities. There is also as small reason to thinke that weake* 1.231 townes and without walls will compound with the enemie, and not stand out; where [ H] as contrariwise an enemie that shall see the entrie easie, will neuer allow of any reaso∣nable composition, which otherwise he would do, finding a difficultie to besiege and to force a town well fortified. Moreouer who sees not but a small fort doth oftentimes* 1.232 stay a great and mightie armie, whereof we haue too many examples: and many times those which do besiege are besieged with cold, hunger, and diseases, and for one they kill within, there are a hundred slaine without. Constantinople did indure the Turks siege eight yeares, vntill they were relieued by Tamberlan emperour of the Tartars, who defeated Baiazet king of the Turks with all his armie. Euen so the king of Fez indu•…•…ed a siege seuen yeares in the towne of Fauzara against the king of Marocco, whose armie in the end was consumed with the plague in the yeare 1412. And the [ I] * 1.233 towne of Mecna in Affrike held out also seuen yeares, whereas the enemies died for the most part, and were forced to depart with shame and losse. And in our age the citie of Metz (although it were nothing so well fortified as it is at this day) did long resist the armie of the emperour Charles the fift, and was a buckler vnto all France, which had been in great danger if the emperour had not found this towne well fortified, from whence he was forced to depart, being both himselfe and his armie besieged with hun∣ger, cold, & many diseases. The citie of Tyre held out-great Alexander seuen moneths, during which time the king of Persia had good meanes to leauie forces, and to prouide for his estate. And if walls made men faintharted and cowards, why did the Romans fortifie their citie, being the most valiant people that euer were? And it was auaileable [ K] for them to haue good walls, when as Marcius Coriolanus, the Tarquins, Hanni•…•…all, and others did besiege them, and burnt euen vnto their gates. And euen when as the Gaules had forced and wholie burnt the citie, their estate had been vtterly ruined if they had not retired into the Capitoll. The like had happened vnto the Pope and Cardinals af∣ter that the armie of Charles of Bourbon had sackt Rome, if they had not fled into the castell S. Ange, where they were besieged as long as the antient Romans were in the Capitoll. And euery man knowes that countries without forts are presently conque∣red vpon the first battaile that is woon within the countrie, as we reade of England,

which the Saxons conquered from the antient Brittains, who were expelled, and their [ A] * 1.234 enemies tooke possession. After the Saxons the Danes entred, who were lords of it for the most part: then William the Conqueror by the meanes of one only victorie became absolute lord, and tooke possession thereof. And during the quarels betwixt the houses of Lancaster and Yorke, the realme was lost and recouered thrise in sixe moneths: as if Henry the sixt, Edward the fourth, and the earle of Warwike had plaied at base: and although that Edward in the end inioyed the realme, yet soone after his death his bro∣ther Richard duke of Glocester (hauing made himselfe king by the murther of his ne∣phues) was defeated and slaine by the earle of Richmond, who had bin banished into France, from whence he brought some small ayde which king Lewis the 11 had giuen* 1.235 him. The which happens not in fortified countries where there is any retreat: for which [ B] cause the Romans did neuer camp but they cast vp a trench about the armie of 25 foot broad, and most commonlie with palissadoes; neither did they euer giue battaile but they left a garrison within their camp, to make good the retreat if their enemies were the stronger, the which hath relieued them in great losses, as Paulus Aemilius did wisely discourse vnto the armie before that he gaue battaile vnto the king of Macedon, saying, Maiores nostri castra munita portum ad omnes casus exercitus ducebant esse, vn∣de ad pugnam exirent, quo iactati pugnae receptum haberent & qui castris exutus erat, eti∣amsi pugnando acie vicisset, pro victo habebatur: Our elders held a camp well fortified, a safe retreat for all euents, from the which they went forth to fight, and retired if they [ C] were beaten, and he that had lost his camp, although he had ouercome in fighting, yet was he held as vanquished. The experience of many ages, and of the antient Com∣monweales of the Persians, Egiptians, Greeks, Latins, Gaules, and other nations, which haue alwaies fortified and vittailed their townes, ports and places that were fit to be fortified, to assure and defend their friends, and to incounter and resist their enemies, giues vs to vnderstand, that it is necessarie to vse it; and euen the Tartars within these hundred yeares build and fortifie their places: for how valiant soeuer a nation be, yet* 1.236 can they not long resist nor vanquish him which is much more stronger. These reasons shall serue to prooue that it is necessarie to fortifie towns. We will in like maner hold, that the citisens must be instructed in martiall discipline, for that seeing by the lawes of [ D] God and nature we may defend our liues from violence, and our goods from spoyle, we must then conclude, That it is needful to accustome the subiects to armes, not only defensiue, but also offensiue, to protect the good, and offend the wicked. I call all those theeues and wicked which make warre vniustly, and take away an other mans goods wrongfully, and euen as wee ought to punish and take reuenge on subiects that bee theeues and robbers, so must we of strangers what royall title soeuer they carrie, this is grounded vpon the law of God and nature. Neither is it true that Tully writ, That no* 1.237 warre was iust but for the recouerie of ones owne; or, that was denounced before vnto the enemie: for the proclaiming of warre makes it not iust, but the cause must be neces∣sarie: there can be none then more iust than to defend the liues of innocents. There are [ E] other priuate considerations besides these: for the best meanes to maintaine an estate,* 1.238 and to preserue it from rebellions, seditions, and ciuill warres, and to entertaine them in loue, is to haue an enemie against whom they may oppose themselues. This appeares by the example of all Commonweales, and namely of the Romans, who neuer could find a more safe and surer remedie against ciuill warres, than to affront the subiects with an enemie: for being on a time at warre among themselues, the enemie entred the* 1.239 towne, and seazed vpon the Capitoll, but suddenly they were reconciled, and expelled him: a while after the Veientes seeing them returne to ciuill warres, they began to wast and spoyle the Roman territories, but the Romans were soone agreed, discharging

their choller vpon them, so as they neuer ceased vntill they had razed their citie, and [ F] made the inhabitants subiect. And about the same time the princes and people of Tuscane hauing conspired against the Roman state, sought to nourish seditions and diuisions among them, saying, That their power was inuincible, and would alwayes grow, if it were not made weake by ciuill warres, the which is the only poyson to make* 1.240 Empires and States mortall, which else would be immortall. In like case the people of Spaine being reuolted from the emperour Charles the fift, forcing in a manner the duke of Calabria to accept of the Crowne, being thus in armes one against an other, king Francis the first sent an armie which recouered Fontarabie and the kingdome of Na∣uarre, but sodenly this ciuill warre was pacified among the Spanyards, who with one common consent fell vpon the french, and recouered that from them which they had [ G] conquered, else the state of Spaine had been in great danger, as many haue supposed, if the french had temporized a while. And without any further search, we haue a presi∣dent of this realme, the which was in great hazard in the yeare 1562, if the english had not set footing into France, hauing seazed vpon Newhauen, but presently the ciuill* 1.241 warres ceassed, and the subiects agreed to fall vpon their common enemie, which the english perceiuing, they haue since resolued to let the french fight and ruine one ano∣ther, and afterwards to inuade the realme without any difficultie or resistance. But I will returne to forraine examples, (and I would to God we had no domesticall presi∣dents) to shew that it is a hard thing and almost impossible, to maintaine subiects in peace and loue, if they be not in war against some enemie. It is apparant in all the hi∣stories [ H] of the Romans, who after they had vanquished their enemies, presently fell to mutinie, for which cause the Senat entertained warre, and deuised enemies when they had none, to keepe them from ciuill warres, the which they continued vntill they had extended their frontiers vnto the ilands of Orcades, to the Atlantike sea, to the riuers of* 1.242 Danubius and Euphrates, and to the deserts of Arabia: and hauing no more enemies to make head against them, they murthered one an other most cruelly, and so much the more, for that they were growne mightie, and had few enemies, as in the ciuill warre betwixt Caesar and Pompey for rule, whereof Cicero speaking said, Bellum pium ac neces∣sarium visum est, ciuibus tamen exitiabile, nisi Pompeius vicerit, calamitosum etiam si vi∣cerit: It seemes, said he, to be a godly and necessarie warre, yet fatall vnto the citisens [ I] vnlesse that Pompey win, and lamentable if he do win: But it was more cruell betwixt Augustus and Marc Anthonie: for which cause the emperour Augustus hauing chan∣ged the popular estate into a Monarkie, was not so ill aduised as to discharge the fortie legions, but he sent them into prouinces, & vpon the frontiers of barbarous nations, to entertaine them in martiall discipline, and to preuent all occasions of ciuill warres at Rome. But the emperour Constantine the great (following the counsell of some Bi∣shops* 1.243 and ministers vnacquainted with matters of State) discharged the legions, which made them forget the antient militarie discipline, and opened a gate to barbarous na∣tions, who inuaded the Roman empire of all sides, whereby it appeeres that lawes, iustice, religion, subiects, and the whole estate next vnder God, is in the protection of [ K] * 1.244 armes, as vnder a strong shield. There is yet an other reason of great moment, to shew that it is necessarie to entertaine martiall discipline, and to make warre, for that there is no citie so holy, nor so well gouerned that hath not in it many theeues, murtherers, idle persons, vagabonds, mutins, adulterers, and diceplayers, which leade a wicked life, and corrupt the simplicitie of good subiects; neither can lawes, magistrates, nor any punishment keepe them in awe. And euen it is commonlie said that gibets are set vp* 1.245 but for beggers, for that statutes and ordinances in many places are like vnto spiders webs, as Anacharsis said vnto Solon, for that none but weake flies are taken in them, and

great beasts breake easily through them. There is no better meanes then to purge the [ A] Commonweale of this infectious filth, then to send them to the warre, the which is as it were a purging medicine to expell corrupted humors out of the vniuersall bodie of the state. This was the principall occasion which moued Charles the wise king of France to send succors so willinglie vnto the bastard of Castille vnder the conduct of Bertrand of Guesclin Constable, the which purged France of an infinite number of theeues: Euen so did Lewis the II to the Earle of Richmond; and both the one and the other not only purged France of idle persons, but also returned with honor to haue setled two kings in their estates, from the which they were expelled. Moreouer, the mi∣litarie discipline of the Romans which should be common to all nations, made a co∣ward* 1.246 valiant, an intemperat man modest, a slothfull man actiue, a prodigall man fru∣gall, [ B] and a licentious man continent: neither is it sufficient for a captaine or souldier to know how to fight, but there are many other excellent arts which be companions to this vertue, that is to say labor in busines, resolution in dangers, temperance in desires, industrie in action, speed in execution, and counsell in prouiding, these are necessarie for the arte of warre. The subiect then being instructed in militarie discipline, is not infe∣cted with lust, licentiousnes, impietie and sloth, but being wicked and impious, they in∣ure themselues to all kinds of vertue if they learne the precepts of the Roman militarie* 1.247 discipline and arte of commanding. Besides, there is nothing that containes the people within the dutie of honor and vertue more then the feare of a warlike enemie. The people of Rome (saith Polibius) were neuer more vertuous, nor the subiects more o∣bedient [ C] vnto the magistrates, nor the magistrates vnto the lawes, then when as Pyrrhus* 1.248 at one time, and Hanniball at an other were at the gates of Rome; but after that Perseus and Antiochus were vanquished, hauing no enemie left whom they might feare, then vices began to take roote, and the people fell into superfluities and delights, wich cor∣rupted all good manners, and blemished the beautie of their antient vertue. O how wisely did Scipio oppose himselfe in open Senat, that the citie of Carthage should not* 1.249 be razed, foretelling they either should haue ciuill warres, or that the vertue of the Ro∣mans would soone decay, hauing no enemy to contend withall, for euen as moderate libertie puffes men vp, and makes them proane to all vices, so feare retaines them in their duties: and we must not doubt but the great politian and gouernour of all the [ D] world as he hath giuen to euery thing his contrarie, so hath he suffred warres and ha∣tred among nations to punish one by an other, and to keepe them all in feare, which is the only comptroller of vertue, as Samuell in an oration which he made vnto the peo∣ple said, That God had stirred them vp enemies, to keepe them in awe, try them, and punish them. And that I may conclude briefly, if there be no respect had of so many* 1.250 commodities, yet let vs haue a care of the health and necessitie of the Commonweale, least it grow wast and desolate through the spoiles and insolencie of the enemie, for when as the enemies forces are neere, although there be no inuasion, yet the flocks are forsaken, the tillage is abandoned, and all trafficke ceasseth; and oftentimes the whole yeares fruits are lost at the tumor of any danger, or the terror of warre. Who will [ E] then doubt but the subiects should be trained vp in armes, in the which there is not only much glorie and profit, but also the health of the citisens, the help of their neigh∣bors, the fortunes of the subiects, and the securitie of them all. By these reasons it ap∣peares, that they are much abused which thinke that the only end of warre is peace. And if it were so, what better meanes were there to haue peace in despight of the ene∣mie,* 1.251 then to let him know that you haue meanes to make warre? Neuer wise Prince nor good Captaine made a peace vnarmed, and as Manlius Capitolinus said, Ostendite modo bellum, pacem habebitis, videant vos paratos ad vim, ius ipsiremittent: Shew them

warre said he, and you shall haue peace, let them see you readie for force, and they will [ F] do you right. These reasons are partly true and partly probable, and may of either side dazle the eyes of the cleerest sighted if they looke not neerely vnto them. To the end we may resolue something, let vs distinguish of Commonweales. I hold then that in a* 1.252 popular estate it is necessarie to traine the subiects vp in armes, to auoid the abouena∣med inconueniences, vnto the which a popular estate is by nature subiect; and if the people be warlike and mutinous by nature, as the nations of the North be, being trai∣ned vp to armes and martiall discipline, it shall be expedient to affront them often with their enemies, and not to admit any peace but vpon good termes, as a dangerous thing* 1.253 to a warlike nation. And a peace being concluded, you must notwithstanding entertain your souldiers vpon the frontiers, as the emperor Augustus did, although he had chan∣ged [ G] the popular estate into a Monarchie: or else send them to Princes that are in league, to be entertained in the art of warre; as the Swissers haue wisely done, being a people bred in the mountaines apt to warre, and hardly maintained in peace, inioying a popular libertie; and by this meanes they haue alwayes had souldiers nourished and entertained at another mans cost, besides their publike and priuat pensions (which haue been great, as I haue formerly shewed) and the assurance of their estate, by means of alliances contracted with so mightie a king. And as for forts, it is not needfull in a popular estate to haue their townes too well fortified (except it be the chiefe citie,* 1.254 which is the seate of the popular estate) and much lesse any Castels or Citadels, least some one thrust on with an ambitious desire of rule surprise them, and change the po∣pular [ H] estate into a Monarchie: as Denis the tyrant did, hauing surprised Acradina the* 1.255 fort of Siracusa by fraud. Or else the enemie may take them & fortifie them, as the La∣cedemonians did, hauing razed the walls of Athens, they left a garrison in the Ca∣stell: and doing the like vnto the popular estate of Thebes, they tooke their fort called Cadmee, leauing a garrison in it. For there is no meanes to subiect a people, or to change a Democratia into a Monarchie but by Cittadels, so did the tyrants in old time: and in our age Cosme de Medicis duke of Florence had made two Cittadels in Florence, with a garrison of strangers, hauing found by experience that it was impos∣sible* 1.256 to change the popular estate into a Monarchie, and to assure his life among the people: and therefore the Cantons of Vri, Vnderuald, Glaris, and Appenzell, which [ I] are all popular, haue no walles, like vnto the rest which are gouerned Aristocratically. We will giue the same censure of Aristocratia in regard of fortresses, as of a popular estate, the which is so much more to be feared, for that it is more easie for one of the* 1.257 commanders to win the common people to his will, and to incense them against the chiefe men. But as for royall Monarchies, if their bounds and limits be large, it is not expedient for the Prince to build Cittadels, not places of strength, but vpon the frontiers, to the end the people may be without feare of tyranizing; and yet hauing for∣tified the frontiers of his estate with places impregnable, the subiects will stil thinke it is against the enemie, and the Prince at neede may vse them against all enemies, both strangers and subiects in case they rebell: the which nature hath taught vs, which hath [ K] armed the head and the extremities of all beasts, leauing the middest, the bowels, and* 1.258 the other parts vnarmed. But the Monarke is ill aduised that doth inuiron a towne with mightie walls, if he doth not withall build a good Cittadell, for that nothing doth more animate the subiects to reuolt, the which they would not so easily attempt, see∣ing before their eyes Cittadels well fortified. It is also necessarie as well in a Monar∣chie as in an Aristocritie, that the gouernor of the towne depend not of the captaine of the Cittadell, nor the captaine of the gouernor, neither that the captaine of the Citta∣dell be a Prince, or a great man: the which is well obserued in Turkie, according to the

rule of the antient Sultans of Egipt, as also our kings do, but the Venetians more strict∣lie [ A] then all others, for that they are forced to fortifie their townes, to defend the sub∣iects against their enemies, and fearing the rebellion of their subiects, who haue no share in the gouerment, they haue strong Cittadels in their townes, whither they do* 1.259 euery yeare send new Captaines besides the Potestates or Gouernors, least that he should hold the Cittadell as his inheritance. And those of Rhagouse (which haue but one citie and a small territorie) are forced to change their Captaine euery day, who is* 1.260 brought into the fort with his face couered. In like sort the Athenians changed the Captaine of their fortresse euery day, the which was one of the nine Archontes, for the distrust they had that one of the subiects should make himselfe lord. For the pre∣uenting whereof, it shall be needfull to remoue Cittadels from the capitall townes in [ B] a popular estate, or an Aristocraticall estate, as the Venetians haue done wisely at Ve∣nice,* 1.261 to take all occasion from the duke, and to free the gentlemen from suspition of any alteration in the state. It was wisely prouided in England, Turkie, Muscouie, and in a manner by all the kings of the East and of Affrike, that no subiect should fortifie his house in the countrie, for if the maister of a priuate castell be a great man, he will soone take an occasion to reuolt, if he be poore, to rob; and for this cause the imperiall townes of Germany haue oftentimes razed gentlemens castels, that rebels and theeues might haue no retreat, the which the Swissers haue done throughout all their coun∣trey, hauing expelled the antient lords. But this were a dangerous thing in an antient [ C] Monarchie to ruine priuate mens castels which are of strength, but well they may pro∣hibit their subiects not to build any more without licence from the Soueraigne, who may not easily grant it, for that it is sufficient to haue a house able to defend him from theeues, and thus much for fortifications. But the question is not small, if in Aristocra∣tia, the better sort only, which command, are to be trained vp in armes, or all the peo∣ple, or else wholie to banish the arte of warre. If the common people do once become souldiers, it is to be feared they will attempt to change the state, to haue a part in the gouerment, if they be not alwayes imployed against the enemies, as I haue shewed be∣fore by many examples; and if none but the better sort be armed, they shall be soone defeated, and will cause a necessarie change of their estate: but if they will quite banish [ D] the arte of warre out of their Commonweale, they shall remaine a skorne and pray to all their neighbors, if they be not strictly allied vnto the strongest, or else if they haue not townes that be inaccessible and forts impregnable, as the Venetians, who fearing* 1.262 the aboue named inconueniences, haue banished the arte of warre out of their Com∣monweale, as Cardinall Contarenus saith: the which is rather to be attributed to sloth, then to any set or positiue law, for that within these two hundred yeares they were ve∣rie warlike, and obtained great victories of the Geneuois, but pleasing themselues with the continuall fruits of peace and ease, they haue neglected the practise of armes, im∣ploying* 1.263 strangers in their warres: neither can they indure any gentleman of the seig∣neurie to be a commander, but if they know any Venetian gentleman that aspires to [ E] the warres, and that followes the courts of other Princes, by and by they call him home, desiring rather to haue an Almain a Bargamasco, or a stranger for their gene∣rall, if they make warre by land, than one of their owne lords, and an armie of strangers rather than of subiects: but withall they send a Prouidador or Commissarie, by whose councell the Generall is gouerned. And although there be many inconueniences, to haue a Commissarie commaund a Generall, a citisen strangers: one that vnderstands nothing in matters of warre, them that are bred vp in armes: yet by this meanes they auoid many other daungers which are not lesse: the which we haue seene fall out in their Commonweale, whereas they vsed none but their own subiects and forces. Their

histories are full of conspiracies, seditions & ciuil wars, which they had in the middest of [ F] * 1.264 their city. The Carthagineans, being not yet wel instructed in the art of war, were wont to send for Lacedemonian captaines, which should lead a Carthaginean armie vnder a Generall of Carthage; yet would they neuer haue both Generall and armie strangers, least their Commonweale should fall into the power of straungers. If warre be not to be vndertaken, but for the repelling of iniuries, and to enioy peace, and that it sufficeth to make a Commonweale happie to keepe their owne, to haue their places neere vn∣to their enemies well manned and fortified, and to enioy the fruits of a desired peace;* 1.265 without doubt the Seigneurie of Venice may iustly tearme it selfe happie, which hath not onely the seat of their empire by nature and art inexpugnable, but also haue their townes and fortresses vpon the continent so well fortified, as they neither need to feare [ G] the inuasions of their enemies, nor the rebellions of their subiects: caring little for any new conquests, or to extend their bounds. We see the Venetians do flie from all oc∣casions* 1.266 of warre, as from the plague, and they neuer enter into it but by constraint, and seeke for peace at what price soeuer, euen with the losse of their reuenewes; as we may see in the treatie which they made with pope Iulio the second, the emperor Maximili∣an, and the king of Naples, in the yere 1508, their ambassadours being humbled at their feet, yeelding to all which they demanded. As they did in like maner to Sultan Selim in the yeare 1570, abandoning the holy league to purchase his peace, after they had lost a goodly kingdome. And euen as beasts which haue no offensiue armes, as hates that haue no gall, as Stagges and Does seeke to saue themselues from the hounds and [ H] hawke, by flight; so they are not to be blamed, nor that Commonweale to bee lesse esteemed, which sues for peace, hauing no meanes to resist: the which would be disho∣nourable to a warlike nation, or for a conquering prince, who cannot demaund a peace of his enemie without blushing. There was nothing that did so long protract the con∣clusion* 1.267 of a peace betwixt king Henrie the second, and the emperour Charles the fift, as a certaine rumor spred abroad, That the emperour demaunded a peace: which was to get the highest point of honour, which a generous prince may desire, yea if he were en∣tred into anothers countrey. As the same emperour did in the yeare 1544, hauing thrust all the forces of the empire, and his owne, into this realme, with those of the king of England on another side, who had alreadie diuided the realme betwixt them (as [ I] Sleidan saith) if the pope had not forced the emperour to make a peace: which the king would neither demaund, nor accept, but with reasonable conditions. Although that* 1.268 Lewis the eleuenth demaunded it of Edward the fourth, king of England, as soone as he was entred into Picardie, and bought it deerely, caring little that the earle of Lude and other his fauourites called him cowardly king. But his father Charles the seuenth did a stranger thing for to obtaine a peace of the duke of Bourgongne, his vassall and natu∣rall subiect; he sent the constable of France, the chauncellor, a marshall of France, and many other great personages, to treat a peace with him, who in open assembly, and in the name of the king their maister, craued pardon of the duke, for the death of Iohn* 1.269 duke of Bourgongne, confessing openly, That the king had done ill, being young, in∣discreet, [ K] and ill councelled; intreating the duke, that he would forget his discontent: the duke said, That he did pardon the king for the honour of God, and compassion of the people of Fraunce, and to obey the councell of the pope and other christian princes that had intreated him. A slaue could not behaue himselfe more humbly and abiectly vnto his maister, than the king did vnto his subiect, to restore the realme to his first beautie, and to exepll the English, as he did soone after. The Romans would rather haue lost their estate, than once to haue dreamt of it: For wee cannot find that at any time during seuen hundred yeares, that they had warres with all nations, that

they euer demaunded peace but of the Gaules, who held them besieged in the Capitol, [ A] after they had burnt their citie: and of Coriolanus: But contrariwise being vanquished* 1.270 by the power of king Perseus, they would neuer accept of any peace of the victor, vn∣lesse he would submit himselfe and his kingdome vnto their mercie, although he offred to pay them tribute. And when as king Pyrrhus (after that hee had obtained two nota∣ble victories, and was maister almost of all Italie) sent his ambassadour to Rome, to treat a peace vpon reasonable conditions: they were aunswered, That the Romans would not treat of any peace, except that Pyrrhus did first depart out of Italie; and that they did contend with him for their honours and dignities, not for their liues and for∣tunes. The king receiuing this aunswere, said, That the Romans could not liue in qui∣et,* 1.271 neither conquerors, nor conquered. This was the aunswere of a valiant people, who [ B] knew their owne forces to be able to make head against an enemie: the which would be very much vnbefitting a weake prince, who must (like vnto a wise pilot) strike sails, & yeeld vnto the tempest, that he may recouer a safe port, & not to make necessitie sub∣iect to ambition: as the Vauoide of Transiluania did, who said openly, That he had ra∣ther bee slaue vnto the Turke, than allied vnto Ferdinand, and so afterwards it fell out. Wee haue an example of the great Knez of Moscouie, who seeing the Pro∣cope of Tartaria entred into his countrey with eighteene legions, knowing well that* 1.272 he was vnable to make resistance, he went to meet him vnarmed, and humbling him∣selfe before him, he saued his people and his estate from an ineuitable ruine, yet holding his count•…•…ey by yeelding homage to the Procope. But being at this day equall or grea∣ter [ C] in forces, & freed from the seruitude of the Tartar, all princes would scorne him, if he should demaund a peace, especially hauing receiued an iniurie. For that prince that beares an iniurie, will soone endure to haue a law prescribed him; and if he once suffer his enemie to giue him a law, he shall soone be reduced into slauerie. But howsoeuer, a mightie prince (if he be wise and valiant) will neuer seeke for war nor peace, if necessitie (which is not subiect to the lawes of honour nor force) doth not constraine him, nei∣ther* 1.273 will he euer giue battaile, if there be not more apparant profit in the victorie, than of losse if the enemies should vanquish: as the emperour Augustus said, who for this reason neuer gaue battaile but vpon necessitie. But it is not vnfitting a poore p•…•…ince, [ D] or a small seigneurie, or for him that makes no profession of armes, to demaund peace in his losse. As pope Iulio the third, who demaunded peace of king Henrie the second, calling him before God, to iudge of the wrong which hee had done him: The king graunted him a peace, and said, That he would appeare before God; but hee doubted the pope would not shew himselfe. Wherewith the pope, who was of a pleasant dis∣position (seeing the letters which were signed by the king in the campe lying at Metz, in the yeare 1552) was very glad, although in shew he seemed to bee grieued, saying, That it was not the king that had indited those letters, but the capitall enemie of the church. And as the greatnesse of courage and magnanimitie is the light of all other vertues, and which doth aduance princes to the highest point of honour; so is it the [ E] onely vertue which doth most daunt an enemie, although he be mightie and warlike,* 1.274 and oftentimes giues the victorie without blowes: as Furius Camillus hauing sent home the children of the Falisques, whome their Schoolemaister had brought into his campe, he conquered their citie without striking stroke. And Fabricius hauing sent vnto king Pyrrhus the Physitian which offred to poison him, refusing halfe his king∣domes and his treasure, (although he were one of the poorest gentlemen in Rome) and causing their ransomes to be paid, whome Pyrrhus had freely set at libertie, beeing loath the Romans should be bound in any respect vnto so great a king. Or as Scipio who hauing conquered a good part of Spaine with little paine, sent backe a ladie of sin∣gular

beautie vnto her husband, prince of the Celtiberians, imitating the example of [ F] Cyrus. These vertuous acts tooke from their enemies all courage, to make any more warre against so valiant and magnanimious a people, who could neither bee vanqui∣shed* 1.275 by honour, nor vanquished by treacherie: the which was more apparant after the battaile of Cannes, Hannibal hauing appointed eight thousand Roman prisoners to be ransomed for an hundred crowns a peece one with another, hoping that the Romans who had lost so many men, would willingly pay their ransoms: but the Senat decreed, That no one should be redeemed at any rate, giuing all to vnderstand, That either they must vanquish, or be slaues to the enemie: Wherewith Hannibal was so amased, and daunted, as he dispaired euer to vanquish the Romans. And contrariwise the Romans did assure their estate, which was much shaken and abandoned of all friends and allies. [ G] For the Senat did well imagin, that Hannibal hauing sucked so much blood of the Ro∣mans, he would also exhaust their treasure, in drawing from them eight hundred thou∣sand crownes, and restoring vnto them the veriest cowards of all the Roman armie; making euery one to resolue either to vanquish or die, hauing lost all hope of libertie, whereby they became fearefull and inuincible. And euen as they neuer fainted in their losses; so were they neuer proud nor arrogant in their victories. For when as Antio∣chus the Great hauing lost a goodly armie, sent his ambassadours to both the Scipioes, offring to accept of what conditions the Romans pleased: Whereunto Scipio the Af∣frican made an answere worthy of a great and vertuous prince, That the Romans lost* 1.276 no part of their courage when they were vanquished, nor of their modestie, when they [ H] did vanquish, demaunding no harder conditions after their victorie than before. But the aduantag•…•… which the Romans had, was, that they made warre in their enemies countrey, 〈◊〉〈◊〉 magazins of souldiors in Italy, to supply their armies if they were de∣feated: or if they conquered those countries where they made warre, they might add them to their empire, & plant them with their owne colonies. A wise prince will neuer attend an enemie in his own country, if he may stop his entrie, vnlesse he hath another army ready, or a sure retrait into some places of strength, els he hazards his whole estate* 1.277 vpon a victorie; as Antiochus, Perseus, Iuba, and Ptolome the last king of Aegypt did a∣gainst the Romans: Darius against Alexander, and oftentimes the French against the English. And for this cause Lewis the grosse vnderstanding that the emperour Henry [ I] came with a mightie power to make warre in Fraunce (the king hauing receiued Pope Gelasius into his protection, and suffered him to excommunicat the emperor) he gathered together an armie of two hundred thousand men, as Suggerius abbat of Saint Den•…•…s i•…•… Fraunce hath left in writing, and went as farre as the Rhin vpon the territories of the empire, which was the onely cause that made the emperour to lay aside armes, and to accept of what peace it pleased the king. In like sort Philip Augustus aduertised that the emperour Otho the second, the king of England, with the potentats of the Low countries, came into his realme with a mightie armie, he fortified his places, marched out of his frontiers, and defeated them in battaile. And if king Francis the first, when as he lost his armie before Pauia, and himselfe taken prisoner, had receiued such an [ K] ouerthrow in the hart of Fraunce, this realme had bene in great daunger; but chaun∣cing in Italie, the conquerors contented themselues with the victorie; and the subiects in the meane time had leasure to rally their forces, and to fortifie their frontiers.

Many hold opinion, That a soueraigne prince should not hazard his person on a day of battaile, especially if the enemie be entred into the hart of his realme: It is true, if he be a coward and base minded: but hauing the reputation of a valiant and gene∣rous* 1.278 prince, he doubles the courage and force of his armie, and so much the more if he be beloued of his armie, and his presence works a wonderfull effect, when he is seene of

them all, and euerie one seene of him, for oftentimes shame retaines a flying armie, see∣ing [ A] the presence of their king, and fearing least he should fall into some daunger, Vrget enim (vt ait Maro) presentia Turni, The presence of Turnus (as Maro saith) doth vrge them to fight. As it happened to Caesar before Therouenne; and in Spaine, fighting for his life against Pompeis children, where the battaile had bene lost if he had not bene present. And many beleeue that the victories which Edward the fourth got in nine battails, was, for that he did alwaies fight on foot. How many princes and great men do willingly follow the kings person, which else would not march vnder any others commaund. For when as Eumenes was very sicke his armie refused to fight, vnlesse he* 1.279 were brought into the campe in a litter; such confidence they had in his presence. Yet would I not that a soueraigne prince or a Generall, should do the office of a priuat sol∣diour, [ B] putting his life rashly in daunger; as it is said of Pelopidas, Marcellus, Gaston de Foix duke of Nemours, and many others, whose death hath drawne after it the hazard of the state.

I will not here treat of the art of warre, which many haue handled, but onely that which concernes the state. I conclude then, that a prince hauing well manned and for∣tified his frontiers, if he doubts that the enemie will enter into his countrey, let him pre∣uent him, and put the warre as farre from him as he may: and if he be entred, not to ha∣zard his estate and person rashly vpon the euent of a battaile, especially if hee haue to deale with a warlike people, who commonly get the victory being brought to dispaire, knowing well, that there is no meanes for them to escape death in anothers countrey, [ C] if they be vanquished, hauing neither fort, retreat, nor any succour. Amongst many we haue a lamentable example of our king Iohn, who chose rather to hazard his life, his no∣bilitie, and his whole estate, in a doubtfull battaile at Poitiers, than to graunt a peace vnto the prince of Wales, and the English armie, who demaunded only to depart with their liues: there did ten thousand desparat men defeat an armie of fortie fiue thousand* 1.280 French, and led away the king captiue. Gaston of Foix committed the like errour, ha∣uing defeated the enemie at Rauenne, seeking to pursue a squadron of Spaniards that fled, he lost his life, and left all that hee had conquered in Italie in prey to the enemie. What should I speake of auntient examples, the histories are full of them: but there is [ D] none more famous than that of Caesar, whose armie was in despaire through famine &* 1.281 want, being enuironed both by sea and land with the enemies townes and legions, and had soone perished for hunger, if they had not vanquished, yet would Pompey needs giue that battell of Pharsalia, hauing twice as many men as Caesar. In so great a despaire of things, the Generall of the Volsques did incourage his armie with a briefe speech, after this maner, Armati armatis obstant virtute pares, sed necessitate superiores estis, Armed men stand against armed men, equall in vertue, but in necessitie you exceed them. And another captaine of the Samnites said, Iustum est bellum quibus necessarium, & pia arma quibus nulla nisi in armis relinquitur spes, That war is iust to whome it is necessarie, and those armes religious to them that haue no hope but in armes. And therefore Fabius [ E] Maximus (the last of that familie) endured all the scornes and disgraces of his enemies,* 1.282 rather than he would commit the fortune of the Commonweale to a doubtfull battell: and in the end he reaped the honor, To haue preserued his countrey. Whereas Han∣nibal hauing hazarded a battaile against Scipio, who went to besiege Car•…•…hage, to draw the enemie out of Italie, lost both his armie and the estate. It is no good consequence to say, that the Romans fought three battails with Pyrrhus, and as many with Hannibal, in the heart of Italie, for that they had magazins of men of warre, as well out of their owne countries, as from their allies: the which they could not want, for that by the laws euerie one was forced to carrie armes at seuenteene yeares of age, and were not freed

from them vntill fiftie fiue: neither was it lawful for any man to demaund an office or [ F] * 1.283 benefice, that had not carried armes ten yeares. And at one time there were two thou∣sand citisens excluded from the Bourgeship, for that they had bene foure yeares toge∣ther absent from the warres, except they which had bene dispensed withall vpon some iust cause (as Titus Liuius saith) to the which discipline they were at the first constrai∣ned by the incursions of their bordering neighbours, being iealous of their greatnesse: But hauing afterwards brought all the people of Italie vnder their subiection, or treated alliances with them, and finding that a people giuen to armes, could not liue idly in peace without ciuill warres, they found it expedient for the good of the Common∣weale, to seeke out new enemies, making warre sometimes to reuenge the wrongs* 1.284 done vnto their confederats: and sometimes defending them against their enemies, [ G] graunting triumphes, honourahle estates, and great rewards to valiant captaines. The which was wisely ordained by the Senat, as an healthfull remedie against ciuill warres; the which Bebius the Tribune of the people did obiect vnto the Fathers, That warre was sowne vpon warre, that the people might neuer be at quiet: and therefore there was no distinction betwixt militarie charges and offices of iustice: So as one and the selfe same citisen, might be a valiant Captaine, a wise Senator, a good Iudge, and a great Orator: as it is said of Cato the Censor, who was well skilled in tillage, as it appeareth by his bookes, yet was he not ashamed to leaue his armes to goe to the plough; or to leaue the plough to plead, sometimes to be a Iudge, to sacrifice, or to play the Oratour before the people or Senat. And Caesar was high Priest, and in Tullies opinion a most [ H] excellent Orator, and the best captaine of his age. There were many not onely in Ita∣lie, but also in Greece, that excelled in the art of warre and policie. We read in Iulius Pollux, That the Athenians were bound to go to warre at foureteene yeares, and conti∣nued vntill threescore. Therefore Aristides, Pericles, Phocion, Leosthenes, Demetrius the Phalerian, Alcibiades, Themistocles, and infinit other Grecians, were like vnto the* 1.285 auntient Romans, and did excell in the art of warre and policie. But the wisest politi∣tians did seperat the art of warre from other vocations. In the Commonweale of Creet euerie man was not allowed to carrie armes, but certaine speciall persons: nor in* 1.286 old times in Fraunce, whereas the horsemen had this charge, and the Druides were exempt. In Aegypt none but the Calasires were men of warre: the which Licurgus [ I] * 1.287 did allow. And therefore Plato diuided the citisens into three orders, Keepers, Men at armes, and Labourers: imitating the Aegyptians, who made three seuerall kindes of estates. By little and little the Athenians made a distinction of Armes, Policie, and Iu∣stice;* 1.288 and so did the Romans. And truely in this short course of our life, there are few that doe excell in politike arts, but in both not any. It seemes that Augustus did first take from Senators, Proconsuls, and Gouernours of Prouinces, the power to weare armes: so as in succession of time they called offices without armes dignities; as wee* 1.289 read in Cassiodorus, Quamuis inquit, omnia dignitatum officia manu secludantur armata,* 1.290 & ciuilibus vestibus induti videantur, qui districtionem publicam docentur operari: tua ta∣men dignitas à terroribus eruatur, quae gladio bellico rebus etiam pacatis accingitur: arma [ K] ista iuris sunt, non furoris, Although (saith hee) that all offices of dignitie bee excluded from armed hands, and that they seeme to bee attired with ciuill garments, that are taught to labour in the difficulties of the Commonweale: yet the dignitie seemes to be pluckt from terrours, the which is guirt with a warlike sword, euen in the quietest times: these be the armes of Iustice, not of Furie. And consequently all nations by degrees, haue separated souldiours from schollers and men of justice, beeing a difficult thing to excell in one art, but impossible in all; nor worthily to exercise many victories. Moreouer it was a thing almost impossible, to traine all the subiects of a Common∣weale

vp to armes, and to maintaine them in the obedience of the laws and magistrats. [ A] This was haply the cause which made king Francis the first, to cast the seuen legions of foot, which he had erected within this realme, in the yeare 1534, euery legion contai∣ning six thousand foot. And although that his sonne Henry did renew them twentie yeares after, yet was he forced to alter his opinion, seeing the Commonweale trou∣bled, and mutinies growne in many places, by meanes of those legions. And yet in the opinion of straungers, and of those that haue iudicially examined the goodly ordinan∣ces that were made to that end, there was neuer any thing better instituted for the art of* 1.291 warre, the which is as necessarie in this realme, as in any part of the world, being enui∣roned with warlike and mightie nations, which make a common practise to spoyle: like to a countrey of conquest. Yea if they had entertained but foure legions of foot, [ B] besides the troopes of horse, for the defence of the realme, and placed them as it were in garrison vpon the frontiers, they had prouided wisely for the safetie of the Common∣weale. Fraunce is not the twentieth part of the Roman empire, for the guard where∣of Augustus Caesar said, That fortie legions did suffice, being but fiue thousand men in a legion. The foure legions of foot and troopes of horse, paied in time of peace, accor∣ding to the ordinance of king Francis the first, would not haue cost three hundred and fiftie thousand pounds starling, and yet is it halfe as much more as the legions had in Augustus his time: and the whole pay of the men at armes of Fraunce, in the yeare 1560, came but to 235300 pounds starling, as well the old bands, as the men at armes. [ C] And Augustus entertained fortie legions of horse aud foot, besides his and the citie* 1.292 guards, and two nauies for the defence of both seas, keeping the empire safe from for∣ren and ciuill warres, and all for twelue hundred thousand pounds starling a yeare, with an excellent description of all orders: the which other princes should propound vnto themselues, to imitat such as Orosius, Dion, Tranquillus, & other writers haue described it in their monuments: and yet was it not lawfull for the Roman souldiours (notwith∣standing their small entertainment) to rob and spoyle: as we see at this day. This was the meanes to maintaine martiall discipline, to defend the rights of citisens, and allies, and to repell the enemie: Else if you be prest with warre, you shall be forced not only to abandon your neighbours, but also your countrey: or else in this extremitie you [ D] must vse vntrained souldiours, who become captaines before they were euer souldi∣ours:* 1.293 or else forced with necessitie you must beg and buy forren succours at a deere rate. I doe not thinke that forren succours are to bee reiected, as many suppose: for there is no great empire can be angmented▪ without the succours of confederats, nei∣ther can they long resist the violence of an enemie: but I allow of those succours which come from allies, that are vnited together in an offensiue and defensiue league, as the Cantons of the Swissers be: or at the least in a defensiue league, as they bee with the house of Fraunce. For by this meanes they are not onely the more strengthned, but* 1.294 they also take from the enemie those succours which he might draw from them, and the occasion from all men to make warre against either of them, vnlesse hee meane to [ E] be a professed enemie vnto them both. But I desire that the confederats should be ti∣ed by a mutuall bond, and altogether equall, to auoid the reproaches, quarrels, and in∣conueniences that grow of inequalitie. Those leagues and treaties be vnequall, when as one is bound to pay the diets or assemblies of their allies, although they did raise but one companie of souldiours, and notwithstanding bee tied to pay them a continuall pension, besides their entertainment in the time of warre, and succours of horse and foot at need without pension or pay. These treaties did our kings of Fraunce make with the Cantons of the Swissers, least other princes should draw them to their suc∣cours. It is also necessarie in an offensiue and defensiue league which is equall, That the

conquests should be common (as it hath alwaies been among the Cantons, when as [ F] they haue made warre in common) and that whatsoeuer is conquered by the one, should be priuate, wherein the antient Italians were circumuented by the Romans in their treaties, for the Romans hauing made an offensiue and defensiue league with their neighbors the Italians, they had alwayes for one Romaine legion two from their allies readie paied, and the Generall of the armie was alwaies a Romaine; and yet their* 1.295 allies had no pension nor entertainement from the Romans, nor any part of their con∣quests which were made in common, nor in dignities and offices, except some townes of the Latins; which was the cause of the sociall or confederats warre in Italie against the Romans, who were reduced to that extremitie, as they were forced to giue the right of a citisen, with part of their offices, and their voyces at elections, almost to all [ G] their allies in Italie. The Athenians with the like fraude did circumuent their neigh∣bors and confederats, from whom they did exact tributes contrarie to their treaties, neither did they euer vndertake any warre but one without the forces of their allies, whereupon most of them fell off vnto the Lacedemonians when occasion was offred.

It may also be doubted whether it be fit to haue many allies, or mercinarie soul∣diers of diuers languages, for the difficultie there is to speake vnto them, and to incou∣rage them by orations, a thing very necessarie in warre. But experience hath taught vs, that diuers nations and diuers tongues are easie to gouerne and leade, as Anniball did shew, hauing an armie consisting of Carthaginians, Mauritanians, Numidians, Spaniards, Italians, Gaules, and Greeks, and yet in fifteene yeares space he neuer had [ H] mutinie in his camp, & obtained great victories; but if such an armie be once mutined, there is no meanes to pacifie it: this is the opinion of Polibius, a captaine of great expe∣rience, and Schoolemaster to Scipio Affricanus. That which we haue spoken touching the succors of allies, is not to be vnderstood that an estate should wholie relie vpon them, but a well gouerned Commonweale must be supported by her owne forces, and alwayes be stronger than the succours she hath from her allies: for he alwayes commands the state that is master of the force, and will make himselfe an absolute lord vpon the least occasion, if he haue any desire, the which neuer wants in ambitious minds. And if allies and confederates be to be feared in an others countrie when they are the stronger, what assurance can we haue of strange forces, which haue no offen∣siue [ I] * 1.296 nor defensiue league with vs? there is no doubt, but in danger they will be more carefull of their owne liues than of an other mans, and will attribute vnto themselues the profit and honor of the victorie, exhausting their treasures, and growing souldiers at their cost whom they serue. How often haue we seene the stranger being the stron∣ger, make himselfe absolute lord ouer them that called him? We haue in our age the example of Cairadin that famous pirat, called in by the inhabitants of Alger, to expell the Spaniards out of their fort; hauing vanquished them, he slew Selim their king with all his familie, and made himselfe king thereof, leauing the state to Ariadin Barbarousse his brother. And Saladin a Tartar being called by the Caliph and the inhabitants of Caire to expell the Christians out of Soria, after the victorie he s•…•…ew the Caliph; and [ K] made himselfe absolute lord▪ and least that they of the countrie should attempt any thing against him, he alwayes imployed Tartarians and Circassians (that were slaues) in the warre, and for his guard, forbidding all others to beare any armes: and by this meanes he and his successors inioyed that kingdome, vntill that Sultan Selim Empe∣rout of the Turks made himselfe lord thereof. By the same means the Herules, Gothes, and Lombards became lords of Italy, the French of Gaule, the English Saxons of Brit∣taine, the Scottishmen of Scotland, hauing expelled the Brittons and the Picts, who had called them to their succours; and the Turke of the empire of the East and the

realme of Hongary, being intreated by the Emperours of Constantinople and the [ A] states of Hongary. And the Emperour Charles the fift had reduced Germanie into the forme of a Prouince, and made it hereditarie by the same fraude that the rest, when as a part of Germanie vnder colour of religion called in the Spaniards and Italians, for hauing subdued the princes of Saxony, he labored to subiect the rest vnder the spa∣nish empire, intending to make Philip his sonne king of Germanie, if Henry the second had not freed them with the forces of France, who for this cause was called by the Germaines in their printed bookes the protector of the Empire, and the deliuerer of the Princes. The which the princes of Germanie hauing foreseene, did bind the Em∣perour Charles the fift in the twelft article of his oth, that he should neuer bring an ar∣mie of strangers into Germanie; but since the Emperours death the Electors did [ B] sweare neuer to choose a fortaine prince Emperour; yet if the States of the countrie cannot agree vpon a soueraigne prince, it is better to haue a prince from a farre coun∣trie than a neighbour. And for this cause the Aetolians made Antiochus king of Asia their Generall for a yeare, the Tarentines king Pyrrhus, the Polonians Henry Duke of Aniou; Leo king of Armenia one of the children of Andrew king of Hongarie, to giue him his daughter and his estate: else it is to be feared that a neighbour prince cho∣sen Generall but for a yeare, will make himselfe perpetuall, or if he be perpetuall, will grow hereditarie, taking from the subiects their right of election: or if the estate be gi∣uen to one that is a king and to his heires, it is to be doubted he will make it a tributarie [ C] prouince to free his owne countrie from taxes and impositions, which happilie was the cause why they did not choose the Emperours eldest sonne king of Polonia, for it is not to be expected that he will euer beare that affection to strangers that he doth vn∣to his owne, but will easily▪ abandon an others estate at need, to defend his owne. To* 1.297 conclude, in my opinion a Commonweale well ordained, of what nature soeuer, should be fortified vpon the approches and frontires, in the which forts there should be good garrisons trained vp dayly to armes, hauing certaine lands appointed for soul∣diers the which they should enioy only for their liues, as in old time the fees and feuda∣taries were, and at this day the Timars and Timariots in Turkie, the which are giuen vnto souldiers like vnto benefices, vpon condition they should be readie with horse and [ D] armes whensoeuer occasion of warre required: which lands neuer go vnto their heires, but are bestowed by the princes free gift vpon the most valiant souldiers, with a clause not to alienate them, that souldiers might not rob and steale as now they do with all impunitie. And vntill that these lands in fee may be disposed according to their first in∣stitution, it shall be fit to erect some legions of foote and horse according to the estate and greatnes of euery Commonweale, that they may be bred vp in martiall discipline from their youth in garrisons vpon the frontires in time of peace, as the antient Ro∣mans did, who knew not what it was to liue at discretion, and much lesse to rob, spoile, and murther, as they do at this day, but their camp was a schoole of honor, sobrietie, chastitie, iustice, and all other vertues, in the which no man might reuenge his owne [ E] iniuries, nor vse any violence. And to the end this discipline may be obserued, as they do at this day in the Turks armie, it is necessarie that good Captaines and souldiers be recompenced, especially when they grow aged, with some exemptions, priuiledges, impunities, and rewards, after the manner of the Romans. And although the third part of the reuenues be imployed about the entertainement of souldiers, it were not too much: for thereby you should be assured of men at need to defend the state, especially if it be enuied and enuironed about with warlike nations, as those people be that are sci∣tuate in the temperate and fertile regions of France, Italie, Hongarie, Greece, Asia the lesse, Soria, Egipt, Persia, and the ilands lying in the Mediterranean sea: for the nations

lying vpon the extremities of hot and cold, as the Ethiopians, Numidians, Negros, [ F] * 1.298 Tartars, Gothes, Muscouites, Scottishmen, and Swedens, haue no neede of great forts, nor to entertaine any legions in time of peace, hauing no enemies but such as they make themselues; the people of the North being by nature too warlike, all horsemen, or for the most part, and giuen to armes, without any need to traine them vp in it, vn∣lesse it be to discharge the countrie, or as I haue said, for that they cannot be kept in peace. And to the end the state may not be brought in danger by any treacherous and faithlesse allies, or that strangers suck not the bloud of the subiects growing warlike at an others charge, being readie to inuade the estate, let all offensiue and defensiue leagues and alliances be equall, receiuing as great succours at neede as they shall be bound to giue; and yet the succours of the confederate must not be such as they may force or [ G] prescribe a law. Moreouer, it must not be allowed for all other subiects to carrie armes, least the laborer and handicrafts man should take a delight in theeuing and robbing, leauing the plough and shop, hauing no experience of armes, and when as they are to march against an enemie, they forsake their coulors and flie at the first charge, putting a whole armie in disorder, especiallie the handicrafts man, and they that sit alwaies, be∣ing* 1.299 bred vp in the shadow, whom all antient and wise Captaines haue held vnfit for warre, whatsoeuer Sir Thomas Moore saith in his Commonweale. Seeing that wee haue discoursed of men of warre, of forts and of succors that are drawne from them that are in league, let vs now speake of the suretie of treaties and leagues betwixt Princes and Commonweales. [ H]

CHAP. VI. Of the suertie of alliances and treaties betwixt Princes and Commonweales, and of the lawes of armes.

THis treatie depends of the former, the which ought not to be omit∣ted, 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 [ I] make one with an other, be it betwixt friends or enemies, with those that be newters, or with subiects. Some assure themselues vpon 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 diffe∣rence 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 vn∣doubted, that in all kinds of treaties there is no greater assurance then that the clauses [ K] 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 ad∣uice* 1.300 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 van∣quished, 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 liue 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 [ A] diuturnam: If you giue vs a good peace, you shall haue it kept faithfullie and perpe∣tually; 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 themselues 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 vpon all their places of strength, to put in garrisons, to [ B] 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 vpon equall •…•…earmes; neuer to gouerne them peaceably, vntill they had yeel∣ded vp all, deliuered hostages, disarmed them, and put garrisons into their townes. For we may not thinke euer to keepe that people in subiection which hath alwayes liued* 1.301 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 vnto the Geneuois, who [ C] had put themselues vnder his protection when they were in danger, which being past, they reuolted, and allied themselues vnto his enemies; against whom he went in per∣son, besieged them, and forced them to yeeld; then he condemned them in two hun∣dred thousand crownes, putting a strong garrison into their fort called the Lanterne; yet he suffered them to liue after their owne lawes and with their old magistrates, ta∣king* 1.302 only from them the stamp of their coine. It had been farre better either to haue made them good subiects, or to haue restored them to their perfect libertie: for king Lewis the 11 to whom they had giuen themselues, made answere, That he gaue them vnto the diuell▪ refusing to receiue a yearely pension for the protection of such dis•…•…oyall [ D] allies, who had reuolted from king Charles the 6, hauing 〈◊〉〈◊〉 them into his prote∣ction 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 haue 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 vpon 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 haue •…•…ade them faithfull and free confederats, being tied together by an equall league; or [ E] els haue made them subiects, and so haue taken from them the gouernment 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 re∣straine

their liberties, for in all treaties of protection there is an expresse clause, That [ F] 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,* 1.303 Cambray, Vienna in Austria, and many others which haue put themselues in the pro∣tection of the house of Austria, haue now lost their liberties. The kingdome of Hon∣garie 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, preten∣ding the realme to belong vnto 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 [ G] the realme being electiue, the king could not take this prerogatiue 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 haue 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 themselues vnder the Turks* 1.304 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 [ H] 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 sub∣iect, or by him who to inioy his libertie paies that which is promised vnto him which hath forced him thereunto. A pension is voluntarily giuen by him that is in protection,* 1.305 or by him that is equall in a treatie of alliance to haue peace, and to withhold the pen∣sionar 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, vpon that condition that our kings might at their pleasures leauie an armie* 1.306 of Swissers for the defence of this realme, and should likewise help them against the [ I] incursions of their enemies: and for that it was needfull to make many leuies of Swis∣sers for the guard of this crowne: fearing also least the enemies thereof should draw them from the societie of the French, our kings haue willingly graunted a thousand crownes yearely pension to euery 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 haue sayd, That protection rightlie was that, when as one takes the defence of an other freely with∣out any reward, for that the mightie are bound to defend the weake against the in∣iuries of their enemies: yet for the assurance of treaties and protections, they vse* 1.307 to receiue a pension from him that puts himselfe into protection, to the end that [ K] the Protector beeing bound not onely by his oath, but also in receiuing a pen∣sion, 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 haue confounded honestie with profit, they haue begun to make marchandise of prote∣ction; whereof Saluian of Marseilles doth greatlie complayne, saying, That the weake putting themselues in the protection of the mightie, giue all they haue 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 prote∣ctor [ A] himselfe: as it happened after the battaile of Pauia, all the potentates of Italie turned their vowes to the Spanyard, and to free themselues from inuasion, they put themselues into their protection. Amongst others the Luquois payed vnto the Emperour Charles the fift, tenne thousand ducates▪ the Siennois fifteene thou∣sand, 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 pro∣tection* 1.308 of the French. But it is shamefull and dishonourable, to take into protecti∣on, to receiue a pension, and to abandon the client in his great need. Not long since Si∣gismund Augustus king of Poland had taken the protection of the inhabitants of Lif∣land, against the king of Moscouia: but hauing made a league with the Moscouite, he [ B] is not onely said to haue abandoned his clients, but to haue betrayed them vnto 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* 1.309 against the queene of Nauarre, to appeare personally at Rome within six moneths, and not by any procurator, vpon paine of confiscation of all her goods, estates, and seigneu∣ries. King Charles the ninth tooke her into his protection, saying, That she was neere∣ly allied vnto him in blood, that she was a widow, and tied to the house of Fraunce, a [ C] vassall and subiect vnto 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 Cle∣ment the seuenth sent two cardinals into England, to heare king Henrie the eight, tou∣ching the 〈◊〉〈◊〉 betwixt him and Katherine of Spaine. And for that the Citation and threat made vnto 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, [ D] as by his deputies: else he should not hold it strange if hee vsed 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 haue many examples, and without fur∣ther search, in our memorie we haue seene many princes of Germany cast themselues* 1.310 into the protection of king Henrie the second, to be freed from the captiuitie and sla∣uery* 1.311 which did threaten them: the king receiued them into protection, and in stead of* 1.312 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 con∣cluded, [ E] That the confederat princes should suffer the king to seize vpon 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 confede∣rats and adherents, forsooke the kings protection: and which is more, tooke armes a∣gainst 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 [ F] of his, That the estates of the empire would be wel pleased, to haue the king hold those townes of the empire, doing homage for them: which shewed, that he held not these* 1.313 townes but vpon 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 themselues into protection, haue need of greater securitie than the protectors, least vn∣der a colour of patronage they loose their liberties.

Some one may obiect, That it is an absurd thing to demaund securitie of the prote∣ctor, 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 haue held it [ G] 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* 1.314 vpon reasonable conditions annexed vnto the treatie: the second of the letters of prote∣ction, which the protector must deliuer vnto the clients, to testifie, That all the rights of soueraigntie and maiestie remaine absolute vnto 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 vnto the pro∣tection. And therefore the inhabitants of Mets, after the death of Henry the second, demaunded to haue new letters of protection from Charles his sonne: not for that they [ H] 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 cal∣led 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 vpon the conditions. So Henrie the seuenth, king of England hauing receiued the duke of Suffolke from the Archduke Philip, father vnto [ I] * 1.315 the emperour Charles the fift, vpon 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 vnto 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 haue 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 them∣selues in the protection of them of Berne, would not haue the protection continue [ K] 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 exe∣cuted. Since the first impression of these books, a Printer of Geneua put them sudden∣ly 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 ordi∣nances

of the Seigneurie of Geneua, published the fift of Iune, 1559: whereby it is [ A] 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 haue prin∣ted them, and much lesse set them to sale. But as for his reprehensions all men of iudge∣ment haue 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, kin∣dling 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 him∣selfe vnto 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 [ B] 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 haue seene by the treaties which the abbat of Orbez, (hauing remained long ambassedour in Swisserland) imparted vnto me from the first vnto the last: those of Valdaost, were in like daunger to them of Ge∣neua, for the Valoisians would haue made them subiect, vnder a colour of protecti∣on, 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 vnto 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 [ C] * 1.316 protector, if he doth infringe and breake the lawes of protection. But the chiefest cau∣tion 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, vnto 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 haue power ouer 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 euery six moneths: and that she should not build any forts in Scot∣land, [ D] but with the consent of the Scottish men. Wherein the Athenians did erre, who hauing put themselues first into the protection of Antipater, then of Cassander, of Pto∣lomey, and in the end of Demetrius the Besieger, they suffered their protectors to seize vpon their forts, and to put in garrisons, who presently made themselues soueraigne lords. The which Demosthenes had well and wisely foreseene, when as one commen∣ded vnto 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, con∣cluding, [ E] That they should haue 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 af∣ter 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* 1.317 common treasure great, fortified their citie ports, & passages therewith, and made pro∣uision

of nauie, ships, & gallies well armed. And then finding themselues the stronger, [ F] they changed the equal league into protection, & protection into subiection. So as the* 1.318 appellations of all the confederat cities came vnto Athens; as we read in Xenophon, & all charges and impositions were taxed by the Athenians, who had freed themselues from all imposts: the which chanced for that the Athenians trained their subiects vp in arms, at their confederats costs. And so did the Lacedemonians to all their confederats, whom vnder 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 ci∣tie of Sparta was farre more mightie, and held in a manner all their other allies in sub∣iection; as we read in Plutarch. We see that the Latines fell almost into the like diffi∣cultie, [ G] 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 ser∣uitutem patimur, We are (saith he) slaues vnto the Romans, vnder colour of an equall league. And a little after, Consilia populorum Latinorum habita, responsumque non ambi∣guum imperantibus milites Romanis datum, absisterent imperare ijs, quorum auxilio ege∣rent: 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 commaun∣ded 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 [ H] rule and empire. We read, that Licortas captaine generall of the Acheans, vsed 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 Ro∣mans haue 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 Sam∣nites made warre against the Romans, renouncing their league: for that vnder a colour of societie, they would commaund absolutely ouer them. And for the same reason the cities of Italie allied vnto 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 [ I] * 1.319 all their warres they had two of their allies for one Roman, and by that meanes con∣quered the greatest empire that euer was, and yet their associats had no part of the con∣quest, but some pillage, after that the Romans had taken what they pleased: which* 1.320 was the cause of the confederats warre in Italie, the which had no end, vntill that the allies were made citisens of Rome, to haue 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 themselues towards their confederats, the speech of the Consull Appius vnto 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 [ K] 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 Aetoli∣ans (to whome they would not graunt any peace, vnlesse they submitted themselues wholly vnto their mercie) there are these words, Imperium maiestatemque populi Roma∣nor•…•…m gens Aetolorum conseruato sine dolo malo; hostes eosdem habeto quos populus Roma∣nus, 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 hosta∣ges [ A] at the Consuls discretion, and fiftie talents. They left them the free gouernment of the state, but with such conditions, as they were little better than subiects; hauing vn∣furnished 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 vn∣equall, and that the one did respect the maiestie of the other with all honour. And al∣though the Romans gaue lawes vnto 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 [ B] them to gouerne their owne estates: and for their better assurance, they commaunded vpon 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 ac∣customed 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 diuided Macedon into foure prouinces, forbidding vpon paine of death, That the one should haue 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 Macedo∣nie [ C] * 1.321 receiued a law from the victor, and remained tributaries, yet they enioyed the go∣uernment of their estates. The Consull Mummius vsed the like policie, hauing sub∣iected the estate of Achaia, he rased Corinth, and abolished the societies & communal∣ties 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 vnto 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* 1.322 of people, and ruine of tyrants. Whereby they reaped the greatest honour that men might in this world, To be iust and wise. [ D]

It is also a double wrong which the lord receiues from his subiect, hauing put him∣selfe 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 em∣pire, 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 vnto the empire) brought in question his obedience due vnto 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 vn∣dertake [ E] the protection of another prince, but it is more dangerous to vndergoe it with∣out 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 vn∣to the Romans. They make no such treaties at this day, yet the victor prescribes a law

vnto the vanquished. And therefore many haue bene of opinion, That it was expedi∣ent [ F] * 1.323 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 haue 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? Moreouer 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 great∣nes of a prince (to speake properly) is nothing els but the ruine & fall of his neighbors:* 1.324 & his strength is no other thing, but the weaknesse of another. And therfore Flaminius [ G] said vnto 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* 1.325 sundrie princes) els hee must alwayes remaine a prey at the victors discretion: as the Roman ambassadour said vnto the Acheans, whome Antiochus king of Persia persua∣ded, 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. [ H] Whereof we haue 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 al∣lied 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* 1.326 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 Ariste∣mus their Generall, saying, Romanos aut socios habere oportet, aut hostes, media via nulla est, We must haue the Romans either confederats or enemies, there is no meane. We* 1.327 haue infinit examples in al histories: Ferdinand king of Aragon found no better means [ I] 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 themselues 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* 1.328 or state. And without any further search, the Florentines after they had left the alli∣ance of the house of Fraunce, refusing to enter into league with the pope, the emperor, [ K] 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 haue 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 aban∣don thy associates, being bound by the league to succour them; as a Roman Ambassa∣dor 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 [ A] 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 haue maintained themselues 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 Spa∣nish 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* 1.329 to both parties, and these are farre more assured, than if they were enemies to both fa∣ctions: 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 com∣mendable in that manner, as I haue said, it is farre more commendable in a Prince that [ B] doth exceede all others in power and dignitie, that he may haue the honor to be the vmper and moderator; as it happens alwaies, that quarrels betwixt Princes are deci∣ded 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, haue reaped honor, thanks, and assurance* 1.330 for their persons and estates, and those which haue followed either the one or the other partie, haue 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 [ C] 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 cham∣ber 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 re∣nounced the league, leauing the french in their greatest neede, and it was concluded by [ D] a treatie which he made with the Spanyard that he should continue newter. Neuer was the hatred of any Prince so pernitious vnto his enemie, as the fauour of Theatin was then vnto the french, without the which they had not bin reduced to such extre∣mitie, 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 im∣perials 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 [ E] fact, neither is it in question to know who deserued most fauour, 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 haue no securitie but hazard by the victorie. There are others who to win fauour of all sides forbids their subiects by publike pro∣clamations to giue ayde or succour to the enemies of their associates, and yet vnder∣hand 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 demp∣ta, 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 confede∣rates, [ F] * 1.331 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 vnto 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 Ro∣mans 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 arbi∣trium neutram partem vole bat altera oppressa fieri potentiorem: it a inter vtrosque condi∣tionem [ G] 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 them∣selues vnto the Romans than vnder the king, but if they might haue their free will, they would haue 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 haue 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, [ H] 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* 1.332 and mightiest Princes to remaine neuters, although it be not so concluded betwixt other Princes, as I haue 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 vpon 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 vpon their [ I] common enemie, as it happened to the Venetians, who were alwayes wont to sow di∣uision among their neighbours, and to fish in a troubled water. Lewis the twelfth disco∣uering it, he allied himselfe with all the other Princes, and then they all iointly made a* 1.333 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, vnto the french king, and to the Pope Fauence, Rimini, Rauenne, and Cer∣uie, being of the patrimonie of S. Peter: to the Empire Padoua, Vincentia, and Vero∣na: 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, [ K] and out of all the countrie which they held vpon 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 re∣maines a neuter to meditate a peace, than to nourish warre, and in so doing to purchase* 1.334 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 con∣tent

of both parties, who were tyred with warre, and yet were loth to demaund a [ A] peace one of another: by which meanes the Athenians did reape great honor and pro∣fit 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 haue alwayes done betwixt the Catholike and Protestant Swissers, and be∣twixt 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 vp a third partie being a neuter, for the desire they haue of peace, and the shame they haue 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 themselues, they did procure the duke of Ferrare vnderhand to mediate an [ B] agreement. It is the greatest point of honor that a Prince can attaine vnto, to be cho∣sen judge and vmpier of other princes quarrels, as in old time the Romans were, for* 1.335 the great opinion which was held of their vertue & integritie: & since, this prerogatiue hath been giuen vnto the Popes among other Christian Princes, who oftentimes haue 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 Inno∣cent 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, [ C] 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 in∣serted in the treatie, That if it were needfull to conclude a peace with the Emperor, he should haue 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 haue recourse vnto 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 [ D] 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 seigneu∣rie 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 af∣ter the taking of king Francis the first before Pauia, the Pope, the Venetians, the Flo∣rentines, the Duke of Ferrare, and other Potentates of Italie, made a league with the* 1.336 king of England for the deliuerie of the king of France: not for that the afflicted fortune of the French did moue them vnto 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 [ E] great part of Europe with her wings, might gripe and teare in sunder those pettie prin∣ces with her tallents: and yet they themselues had not many yeares before ioyned in league with the Emperour against king Francis after the battaile of Marignan, and re∣stored Francis Sforce to the Duchie of Milan; hauing found by experience how dange∣rous* 1.337 the neighbourhood of a mightie Prince was, for if he be iust and vpright, his suc∣cessor will not resemble him, for which cause Methridates king of Pontus seeing the Roman empire to reach vp 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 vpon the greatest part of Europe vnder coulor of iustice, causing in one day

fortie fiue thousand Roman citisens to be slaine throughout all Asia, by a secret con∣spiracie, [ F] but it was then too late to make a league against a power which was inuin∣cible. 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* 1.338 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 [ G] made before the enterprise can be discouered, notwithstanding all the diligence of Am∣bassadors 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 Lor∣raine, 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 haue 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 pre∣serue [ H] their estate from ineuitable ruine. The like happened vnto the protestant Prin∣ces, 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 haue preuented the storme which fell vpon them: for that the Emperour had no great desier to make warre against them, and the king lesse, who did secretly fauour them; so as in giuing the Emperour some succors, or sen∣ding an ambassador vnto 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. [ I] Sometimes the league is so strong, and the hatred so great, as it is a hard matter to hin∣der* 1.339 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, Flo∣rence, 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 perpe∣tuall amitie with him, and those which were tied vnto 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 [ K] 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* 1.340 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 [ A] call the immortall God, or him they hold to be a God, to be a witnes of their fraud, but only themselues; as Richard Earle of Poitiers sonne to the king of England did, who giuing a confirmation of the priuiledges of Rochell, vsed these words, Teste meipso, My selfe being witnes. Seeing then that faith is the only foundation and sup∣port of iustice whereon not only Commonweales, but all humaine societie is groun∣ded, it must remaine sacred and inuiolable in those things which are not vniust, especi∣ally betwixt princes: for seeing they are the warrants of faith and oathes, what remedie shall the subiects haue against their power for the oathes which they take among* 1.341 themselues, 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 [ B] 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* 1.342 oath, if they haue promised to do more than is allowable by the Ciuill 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 vnto other Princes that is not allowable by the law of nature and nations, not force any Prince that is weaker then themselues to sweare to vnreasonable conditions. And to take away all ambiguitie of words, it shall be needfull to shew what is vniust, [ C] 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 haue [ D] 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 histo∣ries, 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 dan∣gerous consequence, which error hath taken such roote within these two or three hun∣dred 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* 1.343 forced to make a league or peace to his hurt and preiudice, may go from it when oc∣casion 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. [ E] 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 promi∣sed vnto the victor, as if it had been forced. Quae enim viro forti, inquit Tullius, vis potest* 1.344 adhiberi? What force can be vsed▪ sayth▪ Tully, to a valiant and resolute man? It appea∣red in the Consull Marcus Attilius Reg•…•…lus, who being taken prisoner by the Cartha∣ginians and sent to Rome vpon 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 per∣suade [ F] 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 vnto 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, re∣tire, nor yet fight; being set at libertie vpon 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 [ G] commission from the people of Rome: whereupon the Consuls which had sworne the peace, and those which had giuen themselues as hostages for the whole armie, yeel∣ded themselues willinglie to the enemie, to dispose of their liues at their pleasure, and so they were deliuered vnto them by the Heralds.

In the treatie of Madrill, made the 14 of February 1526, it was said, That king Fran∣cis* 1.345 the first being come vnto 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 [ H] Princes offred themselues, and ioyned with him in league against the Emperour Charles the fift, to pull downe his power whom they had raised vp to heauen. The king hauing assembled all his princes and noblemen in his court of Parliament to re∣solue what was to be done touching the treatie of Madrill: Selua the first president, see∣king to prooue that the king was not tyed vnto the treatie, he grounded himselfe vpon 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* 1.346 commend a man that was ignorant of the lawes of armes, but also to arme himselfe [ I] with such foolish arguments, yet this was the chiefest ground of the breach of the trea∣tie 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 im∣pertinent. 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 rati∣fie 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. Moreouer the antients neuer regarded* 1.347 the breach of treaties, when as they tooke hostages: for that he is not tied to any lawes [ K] 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 conditi∣ons agreed vpon. And were not he simple, that hauing a good pledge, should com∣plaine of his debtor, that he hath broke promise with him: therefore the Consull Post∣humius 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 transigi∣tur?

Nomina Consulum Legatorum, Tribunorum militum extant: si ex foedere res acta [ A] 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 vnto 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 themselues, 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 vpon his word, is bound to returne to pri∣son againe. And by a proclamation made by the Senat of Rome, all prisoners were enioyned vpon paine of death (the which were verie many, being let goe vppon their [ B] 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* 1.348 is he bound to him that tooke him: as king Francis the first said vnto Granuella the em∣perours ambassadour. For as a Roman Consull was wont to say, Vult quisque sibi cre∣di, & habita fides ipsam obligat fidem, Euery man desires to be beleeued, & a trust repo∣sed, binds the faith it selfe.

If any one say vnto 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 ac∣complish 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 [ C] 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 vnto it, seeing they had taken their children for hostages. And therefore king Francis seeing that the em∣perour would not remit the vniust conditions of the treatie, with the councell and con∣sent 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 ambassa∣dour, That the emperour had touched his honour and reputation; hee caused all the [ D] princes to assemble in his court of parliament; and after that hee had called Perrenot Granuelle ambassadour for Spaine, he said vnto him, That Charles of Austria (hauing* 1.349 said vnto 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* 1.350 sort that he was touched, vsed 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 haue pretended that they haue bene circumuented in their treaties, by the fraud of their enemies: others, that they haue erred in fact, or haue bene seduced by euill coun∣cell: [ E] or that things were so chaunged, as the wisest could not haue foreseene them: or that it should be impossible to obserue the treaties without the ineuitable losse, or appa∣rent 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 o∣ther princes, but also of himselfe: but they haue 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 [ F] 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 vnto 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 Lace∣demonians condemned Phebidas their captaine, for that contrarie to the tenor of the [ G] treatie made with the Thebans, hee had seized vpon their castle called Cadmee, & yet they kept the place still, as Plutarch writes. Some which can find no iust cause nor* 1.351 colourable to falsifie their faith, and haue 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 vnder 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, [ H] 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 pro∣cesse, he suffred him to escape, fearing he should speake too plainely, if he were ill intrea∣ted: and soone after he died of thought, knowing well that his treacherie and disloyal∣tie 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 repor∣ted of Themistocles, who secretly aduertised the king of Persia, That vnlesse he departed [ I] suddenly out of Europe, the Greekes had resolued to breake the bridge which hee had made vpon 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 fauour of the king of Persia, if he did vanquish; or to haue the honour to haue expelled him out of Greece, if hee mar∣ched 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 friend∣ship, so as they might not be in disgrace with the Romans, Idagebatur (inquit Titus Li∣uius) vt sirex abstinuisset Epiro, integra sibi essent omnia apud Romanos, & conciliata apud [ K] 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 fauour with the Romans, and they should purchase grace with the king, that they would haue receiued him if he had come. But their councels being discouered, they procured to themselues 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 haue 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 ha∣uing [ A] 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 ab∣bat of Palerme, and Lewis du Pont surnamed Romain, which concluded in this opini∣on, 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 ouer 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* 1.352 his age) maintaines, That faith is not to be kept with priuat enemies, but with captains [ B] 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* 1.353 which Humiades father to Mathew Coruin king of Hongarie opposed himselfe ve∣hemently, shewing that the peace was concluded with very reasonable and pro∣fitable 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 suc∣cessors, to increase in power▪ and to build that great Empire vpon the ruine of Chri∣stendome; [ C] 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 capitu∣late 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 vnto 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 [ D] of Poland, the Venetians, Geneuois, and Rhagusians haue 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 [ E] 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 com∣maunder* 1.354 ouer the Israelites, hauing bene circumuented by the Gabionites beeing Pa∣gans 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 persua∣ded [ F] 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 vpon them. As for that which we said, That no faith is to be kept with them that haue 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 suf∣fer* 1.355 the knights of Rhodes to depart with their baggage after, that the towne was yeel∣ded, 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 [ G] 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 haue 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 reuenge thereof by this new accord. For former periurie and treacherie may not be repeated nor reuenged when as they haue once* 1.356 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 garri∣sons [ H] 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 euery citie to bring all the gold and siluer, and then sodenly they gaue a watchword to the garrisons to sack* 1.357 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 themselues more cruelly than was needfull, for that the reuenge should not extend but to them that had committed the periurie; and this dissembling was against the antient honor of the Romans. But if per∣iurie were couered by a new treatie, it were not lawfull to reuenge it: yet there are some so base and treacherous as when they sweare, they haue no thought but for to sweare [ I] 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 vnder 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 liue 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 reuenged of the iniurie (which they had couered by a new ac∣cord) [ K] expelling all their enemies. But God to reuenge their disloyaltie, suffered the Ar∣cadians, 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* 1.358 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 Can∣nes, 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 procla∣mation, That no man vpon paine of death, should say or doe anything in fauour of

Feare may well excuse base minded men from giuing aid, but not from periurie: [ A] but what colour or excuse can he haue, that comes to capitulat with an intent to de∣ceiue* 1.359 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 reuenged of seuenteene iniuries which he had receiued from the French, although he could not specifie one: for euery man knowes, that for these two hundred yeres, Europe neuer had prince more religi∣ous than Charles the eight, nor more vpright and iust than Lewis the twelfth, who raig∣ned 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 trea∣ted a peace with Ferdinand king of Arragon, from whome hee had receiued many [ B] wrongs and losses, yet when as Ferdinand was come vnto 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 omit∣ted no pompe nor magnificence to giue him all the content that might bee. The con∣fidence of both kings is disallowed by treacherous men, who shew plainely how per∣fidiously they would haue dealt: but to all good men it must needs seeme commenda∣ble, [ C] which detest that in others, which they themselues hold dishonest. But if princes being in warre, haue made a truce, and concluded a parle, they must come vnarmed,* 1.360 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 vnto the frontiers of his realme, and would haue passed the riuer which diuided 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 questi∣on [ D] * 1.361 to giue hostages for the deliuerie of some great prince that is a prisoner, it must be done with equall forces on either side; and in deliuering 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 trea∣cherie, he promised to set him at libertie for threescore thousand crownes, and his two sonnes hostage: hauing deliuered 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 [ E] 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 ambassa∣dour. 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 vnder their garments, who vpon a signe giuen, when as they thought of nothing but of good cheere, he cau∣sed 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 [ F] not so cruell, as the excuse was detestable and odious: but God did not let his disloyal∣tie 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 Borgi∣as sonne to pope Alexander the sixt, was like vnto 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: Ale∣xander* 1.362 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 [ G] him: and hauing drawne them together vpon 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 liues into the hands of the most dis∣loyall 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 haue 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 poy∣son, 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 [ H] 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 Bor∣gias* 1.363 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 commis∣sion, much lesse release a subiect that is captiue, when as the king forbids it. Neither should Borgias haue 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 per∣suaded him to come vnto the emperour vpon his faith, swearing, That if hee were not reconciled to the emperour, he should returne safe with him vnto his castle. This good [ I] 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 deliuered the earle into the emperors hands, being vrged of his promise, he said, That he was returned: like vnto the souldi∣our 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 vnto 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 (other∣wise than Consuluus had done) he was not free from the foule crime of treacherie: like vnto 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 ea∣sily [ K] 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 sei∣zed vpon the capitoll by conspiracie and rebellion, comming forth vpon 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 [ A] publike faith and assurance should not be broken, the Seigneurie of Venice made a de∣cree 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 Seig∣neurie 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 vnto subiects, and much lesse vnto bani∣shed men; but hauing once giuen it they must keepe it inuiolable. We haue no better schoolemasters of the lawes of armes, and of the publike faith, than the auntient Ro∣mans, and yet we read that Pompey the Great did capitulat with pirats, giuing them a sure retreat in some townes & prouinces, to liue there vnder the obedience of the Ro∣mans: [ B] for he was aduertised, that the pirats had nine hundred sayle of ships, and aboue fiue hundred townes vpon the sea coast, commaunding the whole sea, so as the gouer∣nours 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 ap∣parent 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 ratifi∣ed the treatie, he had polluted the honour of the Romans, and blemished the fame of so worthy an exploit. Not that I would haue states to enter into any league, or haue any commerce with pirats and theeues, (for that they ought not to bee partakers of the law of nations, as I haue said before.) And although that Tacferin chiefe of an armie of [ C] theeues 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 ne∣uer heare, nor treat in any sort with Spartacus the slaue, by his profession a Fencer, and captaine of the theeues, 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* 1.364 for a prince or state, to treat with theeues: but hauing once plighted their faith vnto [ D] 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 vnto him Croco∣tus, captaine of the theeues in Spaine, should haue 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 vnto him, and withall pardoned him, to* 1.365 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 soue∣raigne prince, if he proue treacherous and disloyall vnto him, and that hee hath giuen him a protectiō, or if he come to capitulat with him, if the prince doth infringe his oath [ E] with him, he hath not so great cause to complain as a theefe, if the theese be not his sub∣iect: as the legion of Bulgarian theeues, 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 vpon 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 haue rebelled against his maiestie, be comprehended in the treatie: Many haue made a que∣stion, if the prince breaking his faith with those rebels, and seeking reuenge of them,

whether the enemie be thereby wronged, and if the assurance giuen, or the truce, bee [ F] thereby broken? as it oftentimes falles out, the which doth most afflict princes: as Ti∣tus 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 Ro∣mans, he might not tyrannize ouer the Macedonians who had fallen from him during* 1.366 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 reuenge, although the subiect were guiltie of treason in the highest degree. As the Barons of Naples, who went to Naples vpon assurance giuen, and an oath ta∣ken by Ferdinand king of Naples, vnto the Pope, soueraigne lord of Naples, the king [ G] 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 vnder his fathers assurance and his owne. But there is no breach of the treatie if a priuat person seekes reuenge of for∣mer 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 vnto 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: [ H] all which notwithstanding were neglected by pope Leo the tenth, who hauing giuen his faith and a pasport vnto 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 exe∣cuted. 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 vnto Al∣phonso* 1.367 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 [ I] 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* 1.368 a protection for any one without a commission from his maister, as we haue shewed before; the ignorance whereof hath oftentimes been a great plague and ruine to prin∣ces. 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 [ K] 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 themselues: 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 Bohe∣mia 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, [ A] euery 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 al∣ter any thing of their opinions, but chuse the one of them. It were more conuenient 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 not∣withstanding any promise which he shall make to haue it ratified by his maister, yet is there no assurance, for that the Prince which promiseth stands bound for his part, and [ B] the other remaines at libertie to accept or reiect the conditions of the treatie; and hap∣pelie 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 moreouer 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 expel∣led 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 [ C] 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 Com∣monweales, 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 Con∣sull 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 haue con∣cluded, [ D] and Asdruball Generall of the Carthaginians confirmed them. In this treatie the Saguntines were expresly comprehended, as allied vnto the Romans, but this trea∣tie was not expresly ratified by the Carthaginians; vpon which point the Senat of Car∣thage stood, maintaining that Hanniball might lawfully make warre against the Sa∣guntines: and yet the Carthaginians hauing obserued the treatie made by their Gene∣rall in all other clauses, they had ratified it in fact, which is more than words. It is there∣fore the more sure not to conclude anything without an especiall commission, or ex∣presse ratification, for there neuer wants excuses and deuises to couer their disloyal∣ties, the histories are full of them, as of the Calcedonians against the Bizantines, of Cle∣omenis against the Argiues, and of the Thracians against the Thessalians, who when as [ E] 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 vpon 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 deliuerie of

the princes of Germanie out of prison. But George Cornarus found a more subtill inter∣pretation, [ F] 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 recouer 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 immor∣tall sonne was to be preferred before mortall gods, but terrified with such imminent [ G] 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 vnto 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 in∣iuries 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 reuen∣ged both of bodie and soule. Behold the reward which this denier of God receiued, [ H] 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 vpon the Euangelists and the* 1.369 Canon of the Masse, and in the end vpon the true Crosse. I omit to write what he pro∣fited by this oath, and what succeeded. But the Earle of S. Paule would not giue any* 1.370 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 re∣solued 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 vnto his seruice, and he kept [ I] 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 be∣twixt the two armies, and receiued the oath vpon the hoste: for better assurance of the treatie, the Bishop diuided the hoste in two, giuing the one halfe to the king of Na∣uarre, 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 Aunti∣ents vsed 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* 1.371 forth the blood, they suckt it one after an other: as in the like case the king of Calange [ K] * 1.372 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* 1.373 the Prince be disloyall: and if he be iust, his simple word shall be a law vnto 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 reuenge the breakers of their faith and the scorners of his name, and not they which haue neither power nor care of hu∣mane things, the which the thirtie Ambassadors of Carthage feared when as the Ro∣mans 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: [ A] they answered, that they would sweare by the same gods which had so sharply puni∣shed 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 par∣tisans 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* 1.374 the treatie should be made with neighbour princes, to warrant the subiects, or else spee∣dily to depart the countrie. And if any one will obiect that the subiect ought not to [ B] haue 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 haue to do with a soueraigne Prince. For there is no greater torment vnto 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, affir∣ming* 1.375 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 [ C] 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 Eng∣land, hauing gotten the victorie he made an agreement with the king vpon condition that after his decease the Crowne should come vnto 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 [ D] so hard as the bloud may follow, for seeing his owne bloud and feeling the smart, if he haue his libertie he will be reuenged: I would I had not so many examples as haue 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, vnder coulor of protection or amitie: and in truth the beginning and spring of all the warres betwixt king Francis the first, and the Empe∣rour 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 be∣twixt another prince and his subiects, and if he finds that the outragious proceeding [ E] * 1.376 of a Tyrant against his subiects be irreconcileable, then ought he to take vpon 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 vpon 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 aun∣tient 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 Ro∣man

church: and for the same cause king Henry the 2 tooke the protection of the same [ F] 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 enter∣tained 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 vnder 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, [ G] 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 haue peace with the king of Muscouie, was forced to leaue the protection of Rigie in Liuonia. And whatso∣euer some say, that it is lawfull for the vassall to free himselfe from the subiection of his* 1.377 lord, if he be ill intreated; it is to be vnderstood of an vndervassall, which hath recourse vnto his soueraigne lord, and not of a leege vassall which holds immediatly, and with∣out 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 [ H] 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 vn∣to the Emperour of the wrong which was done vnto him, the Geneuois aunswe∣red, That they had freed but their owne subiects from the tyrannie of the Mar∣quis: yet hee preuailed against them, notwithstanding they pleaded that hee was their vassall. Else euery one might vnder 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 vnder the seigneurie of Berne, seeing [ I] now that they would turne them ouer to their antient lord, they beseeched the Bernois instantly, not to abandon them, being afraid of ill vsage: but they were denied their re∣quest, as I haue vnderstood by letters from the Ambassador Coignet. And although* 1.378 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 recei∣uing 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 re∣quire him not to receiue Albert Marquis of Brandebourg into his protection, being [ K] 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 fauour vnto the Marquis a∣gainst 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 ano∣ther; 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 sub∣iect

him to himselfe, as the Romans did all Greece and Macedonie, which they deliue∣red [ A] 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 [ B] 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 vsed 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 [ C] 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 euery thing as any man by right ought to saue his brother, and not as another would do: And by my will I will haue 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 [ D] 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 vpon 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 vniust∣ly [ E] * 1.379 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 as∣sailed, & vniustly oppressed by the Samnites, had recourse vnto the Romans, who had a good desire to aid them: considering withall, that the Samnites would be too migh∣tie

& insupportable, if they had once seized vpon the Seigneurie of Capoua, and that [ F] it was a meanes to subdue the Romans: notwithstanding it was resolued by the Senat not to giue any succours vnto 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 aun∣swere which was made vnto the six ambassadours, the which deserues to bee grauen in letters of gold, Legatis Campanorum auxilia contra Samnites petentibus, Consul ex autho∣ritate Senatus sic respondit: Auxilio vos Campani dignos censet Senatus: sed ita vobis∣cum amicitiam iustitui par est, ne qua vetustior amicitia ac societas violetur: Samnites no∣biscum foedere iuncti sunt: itaque arma Deos prius quàm homines violatura, aduersus Sam∣nites, vobis negamus: Legatos sicut fas est, precatum ad Socios mittemus, ne qua vobis vis [ G] fiat, The Consull with the authoritie of the Senat did aunswere in this sort vnto the ambassadours of the Campanois, demaunding succours against the Samnites. The Se∣nat 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 vnto vs in league, and therefore we denie you armes against the Samnites, where∣by 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 ambassa∣dours of Capoua had a secret charge, to offer the subiection of Capoua vnto the Ro∣mans, in case they should refuse to giue them succours: who seeing themselues reiected, made this offer▪ Quandoquidem nostra tueri non vultis, vestra certe defendetis: itaque po∣pulum [ H] 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* 1.380 yeeld vnto 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 euery 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 a∣gainst [ I] 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 vnto the latter confederats against the more auntient, vnlesse they haue first begun the warre. As in the league made betwixt the house of Fraunce and the Cantons of the Swissers, in the [ K] yeare 1521, in the which the auntient allies were excepted: but there was a derogato∣ry 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 ami∣tie and friendship, it is most certaine that he is not in that case bound to giue any suc∣cours, 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 vnto him that

is vnited vnto him by an offensiue and desensiue league. If it be offensiue and defensiue [ A] 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 prin∣ces be: as Henry king of Sueden did vpon 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, Roma∣nus [ B] 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* 1.381 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 ho∣nour. Moreouer 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 themselues, 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 [ C] treatie. And although the father may pursue an iniurie done vnto 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 confede∣rats: 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 ouer the league altogether, if they thinke it expedient for them: and especially betwixt Popular estates* 1.382 and those which are gouerned Aristocratically, the which neuer die. For in Monar∣chies [ D] societies and leagues are dissolued by the death of princes, as wee haue said. Yet princes making treaties with Seigneuries and Popular states, haue beene accu∣stomed 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 fiue 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 plea∣sure 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 vnto 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 assu∣red [ E] 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. Moreouer 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 ami∣tie [ F] and friendship, and that there should bee no cause of griefe or dislike, yet friendships grow cold, and haue 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 euery tenth yeare. And in the treaties be∣twixt the eight Cantons it is said, that the alliances should be renued euery fiue yeares. The Romans did sweare a league and perpetuall amitie with the inhabitants of Lau∣rentum, and yet was it renewed euery yeare, Cum Laurentibus (inquit Liuius) renouari foedus iussum, renouaturque ex eo quotannis post diem decimum Latinarum, Beeing com∣maunded (saith Liuie) to renew the league with the Laurentines, it was thereuppon re∣newed euerie yeare after the tenth day of the Latines. And the same author saith, Adi∣re [ G] iusst sunt Legati Romani Cretam, & Rhodū, & renouare amicitiam, simul, speculari num solicitati animi sociorum ab rege Perseo fuissent, The Roman ambassadours were com∣maunded to go to Creet and Rhodes, to renew the league, and to discouer if their con∣federats 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 Ca∣stile:* 1.383 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 suc∣cessors. As was also betwixt the houses of Scotland and Fraunce, for these three hun∣dred* 1.384 yeares, that they haue continued in good and perpetuall league and amitie, vnto [ H] 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 in∣gaged 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 con∣cluded [ I] before that any thing can be discouered, and oftentimes they abandon their as∣sociat vnto their enemies. We haue a notable example in our memorie, of the treatie* 1.385 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 haue 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* 1.386 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 Hen∣rie (who was chiefe of the league) nor yet comprehending him in the treatie. Against [ K] 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, &* 1.387 Albert Doctor, for the notable tricks which he plaied. And of late memorie the Seig∣neurie 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 [ A] 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 ha∣uing 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 graun∣ted them for an hundred yeares. And in another place, Indutiae Veientibus pacem peten∣tibus* 1.388 in annos 40 datae, A truce of fortie yeares was graunted vnto the Veientes, who de∣maunded a peace. And in another place, Cum populo Cerite inducias in centum annos fa∣ctas, 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 [ B] 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 ob∣serue the end of those which haue broken any truce, we shall find that it hath bene mise∣rable, and many times the ruine of states. So the Romans haue alwayes punished se∣uerely the breakers of any truce: the first example was showne vpon 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 peo∣ple of Capoua slaine for the most part, and the rest made slaues: the inhabitants of Co∣rinth [ C] massacred, and their citie burnt to ashes: the Samnites were ruined, hauing infrin∣ged 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 vn∣punished, In Veliternos veteres ciues grauiter saeuitum, quod toties rebellarent, muri dis∣iecti,* 1.389 Senatus abductus, They punished the Veliternians (who were auntient citisens) ve∣rie 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, Per∣fugae (inquit Liuius) bello punico 380 Romam missi, virgis in Comitio caesi, & de Saxo de∣iecti, [ D] 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 gi∣uen hostages, did infringe their treaties, the hostages were publikely put to death: as it happened vnto 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 deie∣cti* 1.390 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 haue made a trade of the breach of faith, they haue also made a conscience to put hostages to death: as Nar∣ses, 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 li∣bertie [ E] (the which he might iustly haue put to death, whatsoeuer Comines saith) but they attempted a new warre against him.

The clause that hostages should be subiect vnto 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 haue thought it fit to expresse those words in their promises, least that hostages should pleade igno∣rance 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 haue somewhat blemished the brightnes of their auntient integritie and iustice, the which happened vnto them not so

much through their owne fault, as by the Grecians and Carthaginians, whose treache∣rie [ F] 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* 1.391 per inducias & spem pacis Rege, quae magna pars Senatus probabat: sed veteres moris anti∣qui memores, nouam istam sapientiam improbabant, nec astu magis quam vera virtute bel∣lage 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 cir∣cumuented 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 [ G] 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* 1.392 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 Ger∣manicus 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, [ H] 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 disloyal∣ties, 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, Ae∣milius 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 ne∣uer faithfull associates did laugh at them vnpunished: at this crie the souldiers spoile the towne, at the first Aemilius made resistance, saying, That they vsed to spoyle cities that [ I] 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 Po∣libius 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 haue 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 haue seen Rincon and Fregose ambassadors to the king of France slaine by the offi∣cers of the Emperour Charles the 5, and yet no iustice was done of them: whereas the Romans deliuered Minutius and Manlius to their enemies, and at another time Fa∣bius [ K] 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 haue 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 aliue▪ and before they were aduertised thereof, she sent them word that she would haue ambassa∣dors of greater worth, whereupon they sent her fiftie more of the noblest of the whole countrie, all which she caused to be burned aliue, and vnder promise of marriage she

murthered fiue thousand which she had made dronke. It is not needfull heere to re∣hearse [ A] how many cities and people haue been ruined and rooted out for the breach of faith with ambassadors, who are and ought to be sacred and inuiolable. And ambassa∣dors 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 deliuer 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 am∣bassadours. Amongst many we haue 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 [ B] had taken prisoner. The Vauoide incensed at these threats, put them all to death, ex∣cept one whome he sent home maimed of his members, to bee a messenger of this strange calamitie. Others reuenge not iniuries done vnto them by ambassadours so in∣discreetly, but yet as cruelly, least they should seeme to haue broken their faith, dismis∣sing 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 vnto his head; a most cruell and barbarous deed, yet was there an error in the ambassador, who should [ C] 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 vpon the great∣nesse of their master, forget themselues to meaner princes, especially men that are bred vp 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 vnto them: for which cause Philip the young, king of Ma∣cedonie, seeing the Roman ambassadour question too boldly with him, hee could not forbeare to braue him with reproaches. And Popilius the Roman Legat vsed Antio∣chus king of Asia with greater presumption, making a circle with a rod about the kings [ D] 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 vsed the like libertie towards Mithridates king of Pontus or Ama∣sia, who although he neither were ambassadour, nor had any publike charge, yet he said vnto 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 li∣bertie 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 free∣ly to queene Cleopatra. But those princes are wisest, which hauing receiued any affront [ E] from ambassadours, demaund reparation from their maisters: as Charles earle of Cha∣rolois, said vnto 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 vnto his maiestie, he caused a gibe•…•… to be set vp 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 [ F] 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 liued 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 wron∣ged, 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, Putas∣ne non aliter vim inferri quam si homines vulnerentur: vis est etiam cum quod per Iudi∣cem [ G] 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 recouer 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, vpon 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 tem∣pest [ H] is cast vpon his enemies countrey. It would seeme vn∣iustand iniurious, to repaire that which happens accidentally with the losse of life.

Finis Libri quinti.

[ I] [ K]

Notes

• * 1.1

  The nature of the people is much to be regarded in the framing of a Commonweale.
• * 1.2

  Townes vneuen∣ly built vppon mountaines and vallies, are sub∣iect to seditions.
• * 1.3

  To frame an e∣state, we must ap∣ply it to the na∣ture of the sub∣iects.
• * 1.4

  Guichardin.
• * 1.5

  The humours of sundrie people.
• * 1.6

  Liuius lib. 4.
• * 1.7

  Notable differen∣ces betweene the Atheniens, Ro∣mans, and Car∣thaginians.
• * 1.8

  Plut. in Calon•…•… Censorio.
• * 1.9

  A good Architect fits his building according to the stuffe he finds vpon the place.
• * 1.10

  A diuision of people.
• * 1.11

  The heat is grea∣ter vnder the Tro pick, than vnder the Equator.
• * 1.12

  〈◊〉〈◊〉 and Saxo Grammaticus.
• * 1.13

  Aristotle & Hi∣pocrates agree herein.
• * 1.14

  The difference of the people in the Northerne re∣gions.
• * 1.15

  In the history of Moscouie.
• * 1.16

  The heat more vehement in som∣mer in cold countries than in hoat.
• * 1.17

  Why the sunne is hoater on the earth than in the ayre.
• * 1.18

  What places in the South are most subiect to waters.
• * 1.19

  Why the armies of the North lan∣guish when they go towards the South.
• * 1.20

  Why the people of the South be abstinent.
• * 1.21

  Why the people of the North are more hungry.
• * 1.22

  The people of the middle regi∣ons are better tempered in wit and bodie.
• * 1.23

  The greatest em∣pires were in the middle regions.
• * 1.24

  The people of the North disper∣sed throughout all the Roman empire.
• * 1.25

  Esai. 14. 41. Ezec. 16. 51. Dan. 8. 48. Za•…•…h. 11.
• * 1.26

  Lacedemon more Southerly than Rome.
• * 1.27

  The reason why they of the North drinke more than in the South.
• * 1.28

  Proofe to know the bastards from them that were lawfull.
• * 1.29

  The middle regi∣on participats of both the ex∣treames.
• * 1.30

  〈◊〉〈◊〉 and hu∣manitie comes from Asia.
• * 1.31

  The nature of the French.
• * 1.32

  The Spaniard al∣wayes circum∣uents the French by treacheries.
• * 1.33

  The reason why the Spaniards circumuent the French.
• * 1.34

  The nature of the Spaniard.
• * 1.35

  The Spaniard heauy & slothful
• * 1.36

  Whence the va∣rietie of comple∣xions doth grow
• * 1.37

  The disposition of the foure com∣plexions.
• * 1.38

  The people of the North not subtill.
• * 1.39

  The people of the North faithful to the prince that entertaineth them
• * 1.40

  Strange cruelties of the people of the North.
• * 1.41

  Melancholike men cruell and reuengefull.
• * 1.42

  Terrible cruelties of the people of the South.
• * 1.43

  The people be∣twixt both ex∣treames, not sub∣iect to crueltie.
• * 1.44

  Why the people of the South are more reuengefull then others, and more subiect to madnes.
• * 1.45

  Why musicke cures mad men, and expels diuels.
• * 1.46

  The difference betwixt a furious and a mad man.
• * 1.47

  The people of the South much giuen to women.
• * 1.48

  A strange manee of gelding of men, which they vsed in Scythia & low Germanie.
• * 1.49

  Melancholik•…•… men most giuen to lust.
• * 1.50

  The people of the North ene∣mies to women.
• * 1.51

  The people of the South much gi∣uen to iealousie.
• * 1.52

  All lawes agree not with all na∣tions.
• * 1.53

  Melancholy the cause of wisedom
• * 1.54

  Melancholy the cause of long life.
• * 1.55

  The people of the South subiect to extreames.
• * 1.56

  Posse & noll•…•… no∣bile.
• * 1.57

  The manner of gouernment in the three tempe∣ratures.
• * 1.58

  The Frenchmen giuen by nature to pleading.
• * 1.59

  The seuerall di∣sposition of peo∣ple according to the clima•…•…s.
• * 1.60

  Melancholike men most giuen to contemplation
• * 1.61

  Means to gouerne the people of the South.
• * 1.62

  A fine policie of Colombus the Geneuois.
• * 1.63

  Religion most re∣spected in the South.
• * 1.64

  The disposition of the people is greatly to be ob∣serued in the gouernment.
• * 1.65

  Three vertues proper to three nations of the North, South, & middle region.
• * 1.66

  Prudenti•…•…. Scienti•…•…. Ars.
• * 1.67

  The disposition of the three nati∣ons in the go∣uerment of the world.
• * 1.68

  Why those of the South are not fit to gouerne a state.
• * 1.69

  The proportion of the Planets to the people.
• * 1.70

  In Method. hist. cap. 5.
• * 1.71

  More women in the South than men.
• * 1.72

  The people of the East more courteous, and more ingenious than those of the VVest.
• * 1.73

  Remarkable par∣ticularities of places.
• * 1.74

  The cause or the diuersitie of hu∣mors in Italie.
• * 1.75

  A mountain•…•… causeth a great difference of peo∣ple that liue in opposit vallies.
• * 1.76

  Why the people of the North haue electiue kingdomes.
• * 1.77

  VVhy those that liue vpon moun∣taines loue Po∣pular states.
• * 1.78

  In Swisserland e∣uery one is boūd to we are a sword.
• * 1.79

  Inhabitants of vallies are effe∣•…•…inate.
• * 1.80

  Merchants giuen to lie & deceiue.
• * 1.81

  The violence of the wind breeds a great varietie in men.
• * 1.82

  A fertill countrey breeds 〈◊〉〈◊〉 people.
• * 1.83

  A barren soyl•…•… makes the peo∣ple 〈◊〉〈◊〉.
• * 1.84

  People giuen to 〈◊〉〈◊〉 fi•…•…rce and sauag•…•….
• * 1.85

  Education alter•…•… natur•…•….
• * 1.86

  Wrestling and Musike necessary in all Common∣weales.
• * 1.87

  The French held to be constant.
• * 1.88

  Inconstancie in∣cident to them of the North.
• * 1.89

  The difference of humors be∣twixt them of the North and South.
• * 1.90

  The people of the North care∣lesse of their faith.
• * 1.91

  The gouernment of a state alters the peoples di∣spositions.
• * 1.92

  Great differences of people in co∣lour in the same climats.
• * 1.93

  The nature of the place doth commonly change the lan∣guage.
• * 1.94

  The chiefest cause of the change and sub∣uersion of a state
• * 1.95

  The cause of 〈◊〉〈◊〉 in an estate.
• * 1.96

  The two plagues of all Common∣•…•….
• * 1.97

  Equalitie the su∣rest maintenanc•…•… of a Common∣weale.
• * 1.98

  Equalitie of goods dange∣rous to a Com∣monweale.
• * 1.99

  Abolition of debts ruins the poorer sort.
• * 1.100

  The equall diui∣sion of lands most iniust.
• * 1.101

  Equalitie of goods the ruine of humane so∣cietie.
• * 1.102

  Solons deuision of citisens.
• * 1.103

  Equalitie impos∣sible to be kept in a state.
• * 1.104

  A cruell law made by Plato.
• * 1.105

  It is iniurious to tye a citie to a certaine number.
• * 1.106

  Great cities are lesse subiect to seditions than others.
• * 1.107

  The manner how to diuide a conquered citie.
• * 1.108

  Deuision of land by the law of God.
• * 1.109

  Abolition of debts pernitious.
• * 1.110

  Vsurie must bee cut off.
• * 1.111

  Tacit. lib. 5. Pest. lib. 19.
• * 1.112

  An vsurer estee∣med worse than a theefe.
• * 1.113

  Vsurie forbidden in Rome.
• * 1.114

  Laws are vnpro∣fitable without penalties.
• * 1.115

  Vsurie in fruits seemes tollerable
• * 1.116

  Nothing deerer or more necessa∣rie than that which nouri∣sheth.
• * 1.117

  A meritorious deed to lend without vsurie.
• * 1.118

  Annuities worse than interest.
• * 1.119

  The Clergy en∣riched, and o∣thers made poor.
• * 1.120

  Clergy men for∣bidden to pur∣chase lands.
• * 1.121

  In old time euery man was forced to leaue some∣thing vnto the church.
• * 1.122

  The anntient rights o•…•… the duke of Nor∣•…•…andie and earles of Poitou.
• * 1.123

  The reuenewes of he Clergy in France.
• * 1.124

  The propertie of land is in vaine whereas the vsu∣fruit is perpetual
• * 1.125

  An occasion found out to ru∣ine the Cleargy.
• * 1.126

  The cause of se∣ditions in Rome.
• * 1.127

  Law•…•… made for the distribution of lands.
• * 1.128

  The testamenta∣rie law the cause of inequalitie.
• * 1.129

  In Poland and many other parts of the North, they may not dispose of lands by testament.
• * 1.130

  In some places noble men may not sell away their seigneuries.
• * 1.131

  Great kingdoms supported by no∣ble families, especially in an Ari∣stocratical estate, but they are con∣trarie to a Popu∣lar estate, or to a Tyranny.
• * 1.132

  Inequalitie main tained the estat•…•… of Sparta.
• * 1.133

  Laws prohibi∣ting noble men to •…•…ell their seig∣neuries.
• * 1.134

  A meanes to v∣nite the gentry & the plebeians.
• * 1.135

  I•…•… the East parts the daughters inherit •…•…o lands.
• * 1.136

  The inequalitie of goods grows, for that the daughters being heires are marri∣ed to the rich.
• * 1.137

  The law of suc∣cession at Rome, d•…•…frauded.
• * 1.138

  A commendable law at Venic•…•….
• * 1.139

  The law of Fraunce for the marriage of daughters.
• * 1.140

  The law of God for dowries.
• * 1.141

  The law of Persia.
• * 1.142

  Custome of Aniou.
• * 1.143

  It seemes against the law of nature to take the suc∣cession of the father condem∣ned from the child.
• * 1.144

  Iustinian left the goods of the con∣demned vnto the heire.
• * 1.145

  Wicked men wil attempt any thing to enrich their children.
• * 1.146

  A law in fauour of murtherers.
• * 1.147

  The law of con∣fiscation 〈◊〉〈◊〉 the wicked.
• * 1.148

  Rewards are ne∣cessary for accu∣sers.
• * 1.149

  What order is to be obserued in their goods that are condemned.
• * 1.150

  Lands which come by succes∣sion cannot be forfeited.
• * 1.151

  The inconueni∣ences which grow in adiud∣ging of confisca∣tions vnto the publike.
• * 1.152

  Confiscations the cau•…•…e of ty∣ranny.
• * 1.153

  Confiscations most daungerous in a Monarchy.
• * 1.154

  Tyrants are enri∣ched by false ac∣cusations, by meanes of con∣fiscations.
• * 1.155

  1234.
• * 1.156

  1202.
• a 1.157

  1458.
• b 1.158

  1369.
• c 1.159

  1370.
• d 1.160

  1302.
• e 1.161

  1302.
• f 1.162

  1535.
• * 1.163

  Informers must be rewarded with money, and not with lands.
• * 1.164

  The law of A∣thens in cases of treason.
• * 1.165

  The law of Ger∣manie for con∣fi•…•…cations.
• * 1.166

  The two princi∣pall foundations of euery Com∣monweale.
• * 1.167

  Difference of re∣wards.
• * 1.168

  Different•…•… of re∣ward and benefit
• * 1.169

  The difference of giuing rewards in a Popular estate and a Mo∣narchy.
• * 1.170

  A tyrant cannot endure to haue the subiect ho∣noured.
• * 1.171

  The honour of the souldiors vi∣ctory is due vnto the captaine.
• * 1.172

  Why Popular estates haue more famous men than Mo∣narchies.
• * 1.173

  Preferments to honour breeds men of desert.
• * 1.174

  The description of a triumph at Rome.
• * 1.175

  The honours gi∣uen at Athens.
• * 1.176

  The Romans e∣steemed honour more than profit.
• * 1.177

  A worthy saying of a souldi•…•…r.
• * 1.178

  The 〈◊〉〈◊〉 re∣fuse honours when they are giuen to the vn∣wo•…•…thy.
• * 1.179

  〈◊〉〈◊〉 naturall •…•…∣der of honour and vertue.
• * 1.180

  The reward of honour turnes to infamie, if it be giuen to the vnworthy.
• * 1.181

  Harmonicall proportion in the distribution of rewards.
• * 1.182

  The estimation of honours in old times.
• * 1.183

  The orders of England, Franc•…•…, and Bourgongne
• * 1.184

  The law of the Golden Fleec•…•….
• * 1.185

  The law of the order of Saint Michael.
• * 1.186

  The excessiu•…•… number of Knights of the order, haue rui∣ned the order.
• * 1.187

  Sellers of smoke dangerous to an estate.
• * 1.188

  It is the ruine of princes to giue too great autho∣ritie to his sub∣iects.
• * 1.189

  Charles the ninth to Henry.
• * 1.190

  Tranqud. in Tit•…•….
• * 1.191

  Why good and vertuous men want rewards.
• * 1.192

  Plut. in Lisand.
• * 1.193

  Why we are more prone to reuenge than to requite.
• * 1.194

  Punishments & rewards, the two supports of a Commonweale.
• * 1.195

  The sale of offi∣ces and benefices most dangerous in a Common∣weale.
• * 1.196

  Sale of offices least vsed in a Popular estate.
• * 1.197

  The inconueni∣ences which grow by the sale of offices.
• * 1.198

  Pouertie no law∣full excuse in a prince for the sale of offices.
• * 1.199

  A worthy saying of an emperour.
• * 1.200

  The disposition of the emperour Seuerus.
• * 1.201

  The good hus∣bandry of king Francis the first.
• * 1.202

  The prodigality of king Henrie the second.
• * 1.203

  The cause of the calamities of Fraunce.
• * 1.204

  In the yeare 1333. 11. May.
• * 1.205

  In what sort the prince should giue.
• * 1.206

  A safe kind of giuing.
• * 1.207

  An excellent po∣licie of the em∣peror Charles the fift.
• * 1.208

  It is pernitio•…•…s to giue one thing to many.
• * 1.209

  The law of li∣bertie.
• * 1.210

  The beginning of the kings of Portugall.
• * 1.211

  Bountie will be∣sits a great prince
• * 1.212

  A pleasant aun∣swere of pope Iulius the third.
• * 1.213

  Aduancements bestowed on the vnworthy in∣cense the subiects
• * 1.214

  A commendable custome of Ale∣xander Seuerus.
• * 1.215

  〈◊〉〈◊〉. in or at. de fals•…•… legat. & contr•…•… Tim•…•…r∣chum.
• * 1.216

  A true distributi∣on of offices and charges.
• * 1.217

  Reasons against the fortifying of townes.
• * 1.218

  Francis Aluere•…•… in the historie of Aethiopia.
• * 1.219

  He that is master of the field, is master of the townes.
• * 1.220

  The strongest fort is the loue of the subiects.
• * 1.221

  The first cause of the Swissers reuolt.
• * 1.222

  Weake townes compound soone to saue them∣selues.
• * 1.223

  Places of strēgth make the inha∣bitants obstina•…•….
• * 1.224

  The inconueni∣ences of forts and citadels.
• * 1.225

  Warre hatefull to God and 〈◊〉〈◊〉
• * 1.226

  The subiect is not to be trained vp in armes.
• * 1.227

  The inconueni∣ences not to haue fortresses.
• * 1.228

  A towne vnfor∣tified, is a bait for an enemie.
• * 1.229

  A communalty cannot be in safetie without some defence.
• * 1.230

  Isadas punished for his rashnesse, and rewarded for his valour.
• * 1.231

  Weake townes must •…•…eeld to the victors will
• * 1.232

  A strong fort is oftentimes the ruine of the ene∣mies armie.
• * 1.233

  Leo of Affrike.
• * 1.234

  The realme of England thrice conquered.
• * 1.235

  The Romans did alwayes fortifie their camps.
• * 1.236

  A countrey vn∣fortified cannot long resist a strong 〈◊〉〈◊〉.
• * 1.237

  The cause makes the warre iust.
• * 1.238

  War against an enemie, enter∣taines the sub∣iects in loue.
• * 1.239

  Dion. Halicar. lib. 7. Liui•…•…s lib. 3.
• * 1.240

  Ciuill warres the ruine of states.
• * 1.241

  New hauen taken by the English caused the ciuill wars of Fraunce to cease.
• * 1.242

  Rest the cause of ciuill ware in a warlike citie.
• * 1.243

  The first occasi∣on to ruine the Roman empire.
• * 1.244

  Armes the de∣fence of states.
• * 1.245

  A meane to purge the Com∣monweale of va∣gabonds and idle persons.
• * 1.246

  The martiall dis∣cipline of the Romans, was a schoole of ver∣tue.
• * 1.247

  The praise of mi∣litarie discipline.
• * 1.248

  The feare of ene∣mies keeps sub∣iects in awe.
• * 1.249

  The prouidence of Scipio the younger.
• * 1.250

  Wars allowed of God.
• * 1.251

  The way to haue a peace, is to prepare for force
• * 1.252

  A resolution of the question.
• * 1.253

  In a Popular estate the subiects must be trayned vp in armes.
• * 1.254

  In a Popular e∣state onely the capitall citie must be fortified
• * 1.255

  Citadels not to be built in a Po∣pular estate.
• * 1.256

  Citadels the cause of tyrants.
• * 1.257

  Citadels more dangerous wher∣as few do gouern
• * 1.258

  To fortifie the frontiers, is ac∣cording to the law of nature.
• * 1.259

  Citadels in townes of strength, keepe the subiects from rebelling.
• * 1.260

  Distrust of noble men in an Aristo craticall estate.
• * 1.261

  Citadels not to be built in the chiefe citie of a Popular estate, nor in a Seig∣neurie.
• * 1.262

  The Venetians do not practise arm•…•… in their Commonweale.
• * 1.263

  Why the Vene∣tians neglected armes.
• * 1.264

  Why the Vene∣tians imploy strangers in their warres.
• * 1.265

  The seigneury of Venice most happy.
• * 1.266

  The Venetians desire peace with their losse.
• * 1.267

  A generous prince demands neither peace nor warre.
• * 1.268

  Lewes the ele∣uenth reproched by his subiects for demaunding of a peace.
• * 1.269

  Charles the se∣uenth demaunds a peace basely of the duke of Bourgongne.
• * 1.270

  The Romans neuer demanded a peace of any but twice.
• * 1.271

  The Romans of an vndaunted resolution.
• * 1.272

  Itis no dishonor to submit in time of necessitie.
• * 1.273

  When a prince should giue bat∣taile.
• * 1.274

  A shew of cou∣rage doth many times daunt an enemie.
• * 1.275

  The Romans could neuer be vanquished by honour, not by 〈◊〉〈◊〉.
• * 1.276

  A worthy an∣swere of Scipio.
• * 1.277

  A prince may not hazard his estate vpon one victorie.
• * 1.278

  The presence of the prince is of great conse∣quence to van∣•…•… an enemie.
• * 1.279

  How a prince or Generall should carry himselfe in a battaile.
• * 1.280

  It is daungerous to fight with a desp•…•…rat army.
• * 1.281

  Necessitie of an inuincible force.
• * 1.282

  No prince should fight a battaile, but constrained.
• * 1.283

  Plut. in Gracchis.
• * 1.284

  The Romans sought occasion of warre.
• * 1.285

  Plut. in Phocione
• * 1.286

  Plut. in Licurg.
• * 1.287

  Herodot.
• * 1.288

  In Phocione.
• * 1.289

  Dion. lib. 53
• * 1.290

  In forma Comi∣tiue, Written to the Gouernour of a Prouince.
• * 1.291

  The entertain∣ment of legions, very necessarie in a state.
• * 1.292

  Augustus kept fortie legions continually in pay.
• * 1.293

  The inconueni∣ences, not to haue trained bands.
• * 1.294

  It is good to haue mightie friends and allies in an equall league.
• * 1.295

  Polibius and Liuie. The Romans cir∣cumuented their allies in Italy in their treaties.
• * 1.296

  Forren force•…•… being the stron∣ger, make them∣selues maister•…•… ouer them that call them to their succours.
• * 1.297

  The conclusion of the propositi∣on.
• * 1.298

  Those which in∣habit in fertill countries, being enuironed by greedy enemies, haue need to bee warlike.
• * 1.299

  Handicraftsmen vnfit for warre.
• * 1.300

  Plantius Consul, •…•…pud 〈◊〉〈◊〉 li. 8
• * 1.301

  A free people i•…•… neuer kept in subi•…•…ction, vn∣lesse they •…•…e dis∣armed.
• * 1.302

  A Popular estat•…•… must either be wholly subie∣cted, or set at free libertie.
• * 1.303

  Imperiall 〈◊〉〈◊〉 made▪ subiect vn∣der colour of protection.
• * 1.304

  Hungary mad•…•… subiect vnder shadow of pro∣tection.
• * 1.305

  The difference betwixt tribute and pension.
• * 1.306

  Why the king of France gaue pen∣sion vnto the Swissers.
• * 1.307

  The mighty are bound to defend the weake.
• * 1.308

  It is dishonoura∣ble to abandon him you haue taken into pro∣tection.
• * 1.309

  By the comman∣dement of pope Pius the fift.
• * 1.310

  The Duke of Saxonie.
• * 1.311

  The Lantgraue of Hesse.
• * 1.312

  The Marquesse of Brandebourg.
• * 1.313

  Those which are in protection haue need of greater securiti•…•… than the pro∣tector.
• * 1.314

  The assurance of the league of protection.
• * 1.315

  A league made with the father binds not the sonne.
• * 1.316

  The client is freed from the protection, if the protector make any br•…•…ach.
• * 1.317

  The league bro∣ken by the •…•…raud of the Athenians
• * 1.318

  The cities of Greece subiected vnder colour of alliance.
• * 1.319

  The cause of the sociall warre.
• * 1.320

  〈◊〉〈◊〉. 56.
• * 1.321

  Macedonie made tributarie to the Romans.
• * 1.322

  The 〈◊〉〈◊〉 of the Romans victories
• * 1.323

  Neutralitie is sometimes profi∣table.
• * 1.324

  How a prince maintaines his greatnesse.
• * 1.325

  Neutralitie is many times dan∣gerous.
• * 1.326

  Liuius lib. 5.
• * 1.327

  Neutralitie is oftentimes the ruine of princes.
• * 1.328

  Iud. c. 18.
• * 1.329

  The difference of neutralities.
• * 1.330

  In what case one should be neuter
• * 1.331

  Allies are some∣imes dangerous.
• * 1.332

  It is honourable for great princes to be neuters.
• * 1.333

  A generall league against the Ve∣netians.
• * 1.334

  It is most safe for a neuter to mediat peace.
• * 1.335

  It is honou∣rable for a prince to be an vmpire in other princes quarrels.
• * 1.336

  Why many prin∣ces made a league against the emperour after the battaile of Pauia.
• * 1.337

  It is dangerous to be neighbour to a mightie prince.
• * 1.338

  〈◊〉〈◊〉 treaties the parties compre∣hended must be expresly named.
• * 1.339

  A league against Fraunce.
• * 1.340

  Plu•…•…. i•…•… Lisand.
• * 1.341

  Faith betwixt allies must be kept.
• * 1.342

  It is no disloial∣tie to breake an vnlawfull oath.
• * 1.343

  A daungerous opinion in treaties.
• * 1.344

  A resolute man cannot be forced
• * 1.345

  The treatie of Madril.
• * 1.346

  Treaties made by a prisoner may not be broken.
• * 1.347

  An oath is need∣lesse where ho∣stages are taken.
• * 1.348

  A prisoner taken in the war, being kept, may escape without 〈◊〉〈◊〉.
• * 1.349

  The French king defies the emperour.
• * 1.350

  The king of England de∣fies him.
• * 1.351

  Plu. in Epawi∣•…•…da.
• * 1.352

  If •…•…aith be to be kept with ene∣mies of the faith
• * 1.353

  L. conuentionum F. •…•…e Pactis.
• * 1.354

  Faith must be kept with Pa∣gans and Idola∣ters.
• * 1.355

  Faith is not to be kept with them that haue broken their faith.
• * 1.356

  Periurie •…•…red by a new treatie, may not be re∣peated.
• * 1.357

  Fra•…•…d circum∣u•…•…nted by fraud.
• * 1.358

  Fear•…•… is o•…•…n∣times the cause of a breach.
• * 1.359

  Feare cannot excuse periutie.
• * 1.360

  What is to be obserued be∣twixt princes going to parle.
• * 1.361

  In what sort ho∣stages are to bee giuen for a prince that i•…•… prisoner.
• * 1.362

  The treacherous disposition of pope Alexander the sixt, and Cae∣sar Borgias his sonne.
• * 1.363

  Treacherie paied with treachery.
• * 1.364

  It is dishonoura∣ble for a prince to deale with theeues.
• * 1.365

  A notable deed of the emperour Augustus.
• * 1.366

  A prince giuing his faith to his subiects, must keepe it.
• * 1.367

  Leo the tenth periured to be reuenged.
• * 1.368

  Ambassadours cannot promise nor take assu∣rance from ano∣ther, without an especiall com∣mission.
• * 1.369

  A new kind of oath.
• * 1.370

  Philip Comines.
• * 1.371

  Tacit. Lib. 4.
• * 1.372

  In the historie of the Indies.
• * 1.373

  If the prince bee disloyal, his oath is not to be re∣garded.
• * 1.374

  The maner •…•… to capitulat b twixt the pi•…•… and the subie•…•…
• * 1.375

  Meierus.
• * 1.376

  In what case •…•… forren prince may take vpon him the protecti∣on of another princes subiects.
• * 1.377

  When the vassal may free himself from his lord.
• * 1.378

  1561.
• * 1.379

  If one that is in league may suc∣cour him that is not allied a∣gainst his associ∣at, being wrong∣fully oppressed.
• * 1.380

  A stranger is not to be succoured against an ally, vnlesse hee make himselfe a sub∣iect.
• * 1.381

  The Roman le∣gat did appeale to their common confederats.
• * 1.382

  Leagues must be limited to a cer∣taine time.
• * 1.383

  Treaties betwixt the kings of France & Spaine
• * 1.384

  The league be∣twixt the French and Scots.
• * 1.385

  The treatie of Chambort.
• * 1.386

  The princes of the empire in the protection of the king of Fraunce.
• * 1.387

  Why Marquesse Albert was cal∣led Doctor.
• * 1.388

  Liu. lib. 1. Decad. 1. 7. lib. 2. 8. lib. 7. 9. lib. 9.
• * 1.389

  Liu. lib. 8.
• * 1.390

  Liu. lib. 35.
• * 1.391

  Liu. lib. 42.
• * 1.392

  Tacit. lib. 5. Liu. lib. 36.