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Hitherto [Tullie hath spoken] of ci∣uill Iustice: now [he discourseth] of war∣like Duties; And maketh two kindes of warre, to both of vvhich these things are common; that q 1.1 they be not vnder∣taken but vpon iust causes; that they be not entred into, but q 1.2 their demaundes first made, [nor] vn∣lesse [they bee] so∣lemnly proclaimed: that they may bee rightly atchieued, that * 1.3 vvee bee not cruell aboue mea∣sure against them vvho are ouercom•…•…. Also that they who
yeeld themselues bee receiued more cur∣teously; that fideli∣bee performed to an enemie euen priuat∣ly, not onely in so∣lemn q 1.4 agreements. But these things are proper; that we deale more * 1.5 •…•…ildely with this kinde of ene∣mies vvho striue for soueraigntie; more seuerely vvith them who seek our life.
1 q 1.6 MOreouer the laws of q 1.7 armes are to be q 1.8 specially kept in a common weal.
2 For whereas there are two kind•…•… of contention, one by q 1.9 reasoning, a∣nother by * 1.10 force; and whereas that is
q 1.11 the property of man, this of beasts; wee must fly to the later, q 1.12 when wee cannot vse the for∣mer.
3 Wherfore q 1.13 in very deed, warres are to bee q 1.14 taken in hand * 1.15 for q 1.16 this, that q 1.17 we may liue in peace without iniurie.
4 And the victo∣ry beeing gotten, * 1.18 they are to bee preserued who haue not q 1.19 beene cruell nor q 1.20 vnmer∣cifull in fight: as our ancestours re∣ceiued euen into [their] Citie, the Thusculans, q 1.21 E∣quians, Volscians, Sabines, [and] Her∣nicks; but they
q 1.22 vtterly razed Carthage and Nu∣mance. q 1.23 I would they had not so razed Corinth: but q 1.24 I take it, that they chiefly respe∣cted the situation of the place, lest the very place might at any time q 1.25 incourage them to mooue warre. q 1.26 Certainly in my minde, q 1.27 we ought alwaies to aduise for peace, q 1.28 which may be free from feare of treachery. Wherein q 1.29 if they would haue yeel∣ded vnto me, wee should haue had, although not the q 1.30 best, yet some Common vveale, which now is
none. But whereas q 1.31 you are to pro∣uide for their safe∣tie whome you q 1.32 shall subdue by force; q 1.33 thē they es∣pecially, who yeel∣ding vp their wea∣pons, fly vnto the mercy of the go∣uernours, are to bee receiued, al∣though q 1.34 the ram hath q 1.35 battered the wall. q 1.36 In which point, Iustice hath beene q 1.37 so much regarded q 1.38 amongst our men, that they who had receiued * 1.39 to [their] mercy Cities or Nations q 1.40 conquered in warre, should bee patrones q 1.41 of the same, * 1.42 by the cu∣stome of [our] an∣cestours.
And q 1.43 in very truth the q 1.44 iu∣stice of warre is * 1.45 described most * 1.46 holily in the q 1.47 fe∣ciall lawe of the people of Rome. q 1.48 Whereby it may bee vnderstoode, q 1.49 that no warre is iust, but which ei∣ther is q 1.50 mooued, q 1.51 demands beeing first made; or which is proclaimed be∣fore, and q 1.52 bidden by defiance. Pom∣pilius q 1.53 the General [of the Romanes] kept a Prouince, in whose armie q 1.54 Ca∣toes sonne, being a young souldier, q 1.55 did serue. q 1.56 And whenas it q 1.57 plea∣sed Pompilius to q 1.58 dismisse one
q 1.59 band, he dismis∣sed also Catoes son, who serued in the same band. But whenas hee remay∣ned still in the ar∣my, for the loue q 1.60 of the warres, Cato writ vnto Pompilius that if he q 1.61 suffered him to q 1.62 remaine in the army, hee should q 1.63 sweare him again; because q 1.64 he being discharged of his former oath, might not lawfully fight with the enemies. So q 1.65 great regarde there was in q 1.66 ma∣king warre. There is q 1.67 a Letter of Marcus Cato q 1.68 the elder, to Marcus his sonne; where∣in he wrote q 1.69 that
hee had heard, q 1.70 that hee was dis charged by the Consull, q 1.71 being a souldier in Mace∣donia in the Per∣sian warre. Hee therfore q 1.72 warneth him that he * 1.73 be∣ware, that he enter not q 1.74 the battell: for hee denyeth * 1.75 it to bee lawfull [for him] who is not * 1.76 a souldier to fight with the ene∣mie.
2 And q 1.77 certain∣ly I note q 1.78 this, that hee q 1.79 who by his proper name was perduellis [id est] * 1.80 a stubborn enemie, was called hostis [meaning] q 1.81 a stranger; the mildenesse of the
wordes asswaging the q 1.82 haynousness of the * 1.83 thing. For he was called hostis * 1.84 with our ance∣stours, whom now wee name peregri∣nus, [a stranger.] The twelue tables declare [the same] * 1.85 Aut status dies cum hoste; and a∣gaine, Aduersus hostem aeterna au∣thoritas. What may bee added to this q 1.86 mildenesse, to call him by so q 1.87 faire a name, with whome you * 1.88 make warre?
Although q 1.89 pro∣cesse of time hath now made that name more * 1.90 hard: for it q 1.91 is departed from the name of
Peregrinus, [that is to say, a stran∣ger] and * 1.92 q 1.93 remai∣neth properly * 1.94 for him who q 1.95 beareth armes against any one.
3 q 1.96 Also vvhen q 1.97 there is fighting q 1.98 for soueraigntie, and glory is sought by warre; yet it be∣hooueth alwaies, q 1.99 that there be the very same iust cau∣ses of warre, which I spake of a little before. But those warres q 1.100 in which the glory of q 1.101 so∣ueraigntie is pro∣pounded, are to be made q 1.102 with lesse cruelty. For as when wee contend q 1.103 in ciuill matters, wee doe one vvay
* 1.104 if he be an enemy [•…•…ith whome wee contend]: other∣wise if * 1.105 a compe∣titour: [for] q 1.106 with the one the strife [is] for honour & dignitie, with the other q 1.107 for life and honestie. Thus warre was * 1.108 holden with the Celtibers, and with the Cim∣brians as with ene∣nemies, whether should q 1.109 liue, not whether should •…•…eare rule: but q 1.110 with the Latines, Samites, Samnites, q 1.111 Carthagineans, [and] with Pirrhus, q 1.112 the fight was a∣bout the q 1.113 Empire. The q 1.114 Carthagine∣nans [were] truce∣breakers. Anniball
[was] cruell, the rest [were] more iust. q 1.115 That is doubtlesse q 1.116 a no∣ble saying of Pir∣rhus, q 1.117 about resto∣ring of prisoners.
Neither require I golde q 1.118 for my self, neither shall he giue me any * 1.119 price;
Neither q 1.120 [are we such as] q 1.121 make a gaine of warre, but q 1.122 warriours.
Let both of vs q 1.123 make triall for our life, with the q 1.124 sworde, not vvith golde.
Whether q 1.125 Lady Fortune will haue you or mee to raigne, q 1.126 or vvhat may betide;
Let vs try by q 1.127 valour, and with∣all
take this q 1.128 an∣swere;
q 1.129 Whose man∣hood the fortune of war q 1.130 shall spare, q 1.131 I haue determi∣ned to spare their freedome.
q 1.132 Accept it: q 1.133 for I giue it, with the good liking of the great gods.
q 1.134 A Princely saying indeed, and well beseeming Al the lineage of* 1.135 the Eacidanes.
4 q 1.136 Likewise also if q 1.137 priuate men, q 1.138 inforced by oc∣casions, shall pro∣mise any thing to the enemie, q 1.139 they must keepe their promise therein: as Regulus, being taken by the Car∣thagineans
in the first * 1.140 Punick-war: [who] when hee q 1.141 was sent to Rome q 1.142 about the exchā∣ging of prisoners, and had sworne q 1.143 that hee would returne; first, q 1.144 as soone as he came, q 1.145 his aduice vvas in the Senate Se∣nate house, that the prisoners shold not bee restored: afterwards, when * 1.146 he was staied by his kinsfolkes and friends, q 1.147 hee was more willing to re∣turne to punish∣ment, then to q 1.148 breake his pro∣mise giuen to the enemie. And in the second Punike warre, after q 1.149 the
field at Canes, q 1.150 verb. the Censors q 1.151 sessed all those tenne at a yearely fine so long as a∣ny of them liued, vvho had forsworn themselues: which Anniball sent to Rome bound by oath, that they should returne, ex∣cept they obtained the ransoming of those that were prisoners [at Rome:] q 1.152 & him likewise who had found an excuse by deluding his oath: For vvhen as hee had q 1.153 got∣out of the Campe by the permission of Annibal, * 1.154 here∣turned a little after, b for that he sayd,* 1.155
q 1.156 hee had forgot∣ten I knowe not what. And then being gone [again] out of the campe, hee thought him∣selfe * 1.157 freed from his oath; and [•…•…o] hee was in wordes, but indeed hee was not. For q 1.158 it is to bee considered alwaies in promi∣ses, vvhat a man q 1.159 meant, not what hee said. But the * 1.160 greatest example of iustice towardes an enemie, q 1.161 vvas shewed by our an∣cestours. Whereas * 1.162 a runnagate trai∣tour from Pyrrhus had promised the Senate, q 1.163 that hee would giue the king poyson and
kill him, q 1.164 the Se∣nate and Caius Fa∣bricius deliuered that runnagate trai∣tour to Pyrrhus: so as it did not not approue * 1.165 the trea∣cherous q 1.166 death no not of an enemie, both mighty and mouing warre * 1.167 vn∣prouoked. And thus q 1.168 haue we spo∣ken sufficiently of q 1.169 Duties appertai∣ning to warre.
Let vs also re∣member, that there is a iustice to bee kept euen towards q 1.170 the basest. And the condition and q 1.171 estate of q 1.172 slaues is the basest: whom they that com∣mande to vse so, as q 1.173 hired seruants
to q 1.174 require [their] labour, and q 1.175 giue them their due, do not q 1.176 command a∣misse. q 1.177 Moreo∣uer, whereas iniury * 1.178 may bee done two manner of waies. that is to say, either by * 1.179 force or by * 1.180 guile: guile seemeth to be * 1.181 as of the Fox, force of the Lion; both of them most q 1.182 vn∣beseeming man: yet guile * 1.183 [is] worthy the greater hatred. But of all iniustice none is q 1.184 more capital, thē of them, who then when they deceiue most, yet * 1.185 doe it to the end that they may seeme good men. q 1.186 [So
likewise] enough is said concerning Iustice.
the warres.
matters required or challenged, viz. the things which they who begin, would require.
we vse no cruelty
couenants.
mercifully or curteously.
Also.
warre.
preserued in any wise.
disputing or de∣bating the mat∣ter.
violence.
proper.
is.
truly.
vndertaken.
to this end and purpose.
that.
it may liued [of vs.]
they ought to be saued.
bin cruell in war.
fierce, sauage or outragious.
Equies.
tooke away [or spoiled] vtterly.
I would not Co∣•…•…inth.
I belieue them to haue followed the opportunity of the place especially.
prouoke them to make warre.
Truly in my opi∣nion.
we are alwaie to consult for peace.
which shall haue no deceipt.
if it had been o∣beyed vnto me, or if I had bin obeyed.
best [common∣weale.]
it is to be proui∣ded for them.
haue ouercomne.
then they who their weapons be∣ing laide away fly to the fidelitie of the Emperours.
Aries, is an engine called a ram: which serued in warre to beate downe walls.
smitton downe.
in which thing.
so verie greatly.
at or with ours
vnto their fideli∣tie.
ouercome, sub∣dued.
of them, viz. of those cities and na∣tions.
after the manner.
truly.
equitie.
set downe.
sincerely.
law of the heralds who were to pro∣clame warre.
of which.
no war to be iust.
done.
things being first claymed.
denounced solem∣ly or published.
the Emperour.
the sonne of Ca∣to, a nouice.
did play the souldier.
But.
seemed good to.
send away or dis∣charge.
legion of soul∣diers.
of fighting.
should suffer.
tarry.
binde him by a second oath of war∣fare.
the former [oath] being lost, hee might not fight by right &c.
chiefe obseruati∣on they had.
mouing or mana∣ging their warre.
an epistle [extant]
being an olde man.
himselfe to haue heard.
him to haue bin dismissed.
whenas he was a souldier.
admonisheth him to.
take heede.
into the battel.
that it was lawful.
a sworne souldier.
in good truth do obserue.
that.
who was a stub∣borne enemy by a proper name or by a proprietie of speech.
an open enemy.
a souldier or man of war.
sorowfulnesse.
matter.
amongst.
in these words, Aut, &c.
gentlenesse or moderation.
soft or milde.
wage warre.
long continuance
odious.
hath.
standeth.
remained pro∣perly
in him, viz. stands for &c.
〈◊〉〈◊〉 armour of the contrary part.
But.
it is contended, viz. the contētion is
concerning em∣pire, viz. about go∣uerning or ruling, who shall rule.
the causes to be the same altogether which I said a little before, to be the iust causes of war.
to which.
empire or bearing rule.
lesse bitterly.
ciuilly.
if it bee against an enemie: otherwise if against a competi∣•…•….
a •…•…uter against vs.
the strife of ho∣nour & dignitie is with the one.
of the head.
waged.
bee.
war was holden with the •…•…atines.
Pe•…•…os.
it was foughten.
〈◊〉〈◊〉, viz. who should beate rule.
Penes.
That indeed is, &c.
a worthy sentence or speeche.
concerning cap∣tiues to be restored.
to my selfe.
summe of mony or hire.
playing the hu•…•…∣sters with war.
making war.
making war.
trie out or fight for our life.
iron.
the mistresse will haue it, &c.
or what fortune may bring.
vertue.
speech.
the vertue of whom.
shall be spared.
Account it for a guift.
It is determined, me to spare.
and I giue it, with the great Gods willing.
Truly a rega•…•…l [or kingly] sen∣tence, and worthy the stocke of the Eacidanes.
See the margent Latin.
And also if euerie one by themselues.
And also if euerie one by themselues.
led or drawne by the times, viz. vpon such extremities.
fidelitie is to be kept in the same ve∣rie thing.
war of Carthage
had bin sent.
concerning the interchanging.
himself to return.
as he came.
he thought not in the Senate, the prisoners to be re∣stored.
he should haue bin retained or stopped of his.
chused rather.
deceiue or fru∣strate his fidelity.
the Cannas battel or fielde, viz. battel fought the•…•…e.
left in the com∣mon treasure, or to pay to the cōmon treasure, or disfran∣chiled & put from their freedome to pay as strangers. verb. which ten An∣nibal sent to Rome bounde with an oth themselues to returne, except they had obtained concerning the re∣deeming of those which were taken; the Censor•…•… left them all in fines [or to pay yeerely fines] who had for∣s•…•…orne, so long as any of them liued.
left in the com∣mon treasure, or to pay to the cōmon treasure, or disfran∣chiled & put from their freedome to pay as strangers. verb. which ten An∣nibal sent to Rome bounde with an oth themselues to returne, except they had obtained concerning the re∣deeming of those which were taken; the Censor•…•… left them all in fines [or to pay yeerely fines] who had for∣s•…•…orne, so long as any of them liued.
nor lesse [or and no lesse] him who had found a fault by the decerning of his oth.
gone out by An∣nibals licence.
within a little while after.
q because.
himselfe to haue forgotten.
discharged of his oth.
you ought to thinke in fidelitie [or giuing your faithfull word]
haue meant [or ought to haue meant.]
most notable ex∣ample.
is constituted or appointed.
a traitor hauing run away from Pyrrhus.
himselfe to giue poison to the king, [or to poison the king.]
He, or the Senate.
by treacherie or wickednesse.
the death.
of his owne ac∣cord.
it is spoken.
warlike or warfa∣ring or militarie Duties.
the lowest men, viz. the meanest.
fortune.
seruants.
hirelings or mer∣cenarie.
exact.
performe iust things vnto them
giue precepts amisse.
But.
is.
violence.
fraude.
the property of the fox.
alienated or 〈◊〉〈◊〉 ged from man.
deserueth.
more worthy grieuous punish∣ment or more hai∣nous.
so handle the matter.
Concerning Iu∣stice enough is said.