CHAP. XXI.
The first Praetor which the Romans ever sent out of their own City, was to Capua, and that was 400 years after they began first to make War.
THe People of Rome (as we have said many times before) in the management of their Wars, and the enlargement of their Empire differed much from the methods of our times: For the Cities which they conquered (if they did not think fit to demolish them) were left free, with the exercise of their own Laws, as before, and that without any other mark of subjection, than the subscribing certain Articles of Agreement, and whilst they kept them, they kept their old Priviledges and Dignity. And this Custom they observed till they carried their Arms into Foreign Countries, and began to unravel the Govern∣ments where they conquered, and reduce whole Kingdoms and States into Provinces: This will be clear'd, if we consider that the first Praetor which was ever sent abroad by the Romans, was to Capua; not out of any ambitious design, but at the request of the said Capuans to rectifie and compose some differences, which they could not do among them∣selves. The Antiates following the example of the Capuans, and moved by the same necessity, desired a Praetor likewise, because at that time, as Livy tells us, Non solum arma, sed jura Romana pollebant. Not only the Arms, but the Laws of the Romans were victorious. And this way of lenity in their Government, contributed exceedingly to the enlargement of their Empire; for those Cities or States which have been accustomed to their own Li∣berty and Laws, do more easily submit to a Dominion that seems remote and at a distance (though indeed it may have something of servitude in it) than to that which is always be∣fore their Eyes, and keeps them in perpetual apprehension of slavery; and there is this ad∣vantage besides, That if in the administration of Justice, or the management of publick affairs, any thing be acted to the displeasure of the people, it has less infamous reflection upon the Prince who leaves them to their own Customs and Laws, than upon him who sets up Magistrates of his own, and dispatches all things by them; and this way takes off a great deal of hatred and calumny from the Prince, which would otherwise fall heavily up∣on him. Of the certainty of this opinion, we have a fresh instance in Italy; every body knows that Genoua was oftentimes in the possession of the French, and that that King (excepting of late years) used always to send thither a Governor of his own; at present, (the necessity of his affairs requiring it) he has given them the election of their own Go∣vernor, and it is constantly a Genouese. No body questions but this way is most pleasing to the City, and by consequence their affections must be much enlarged to the King. For it is the Nature of Mankind (and inseparable from it) to trust those with more frankness, who are least like to oppress them; and to fear those least, who are most merciful and humane. This gentleness and familiarity in the Romans prevailed so far upon the Capuans, that they made it their solemn request, that they would send them a Praetor, which if the Ro∣man austerity had but pretended to have done, they would not only have refused, but used all means to have freed themselves from them. But what need we go to Rome and Capua for examples, when we have them at home? Every one knows how long it is since Pistoia threw it self voluntarily into the Arms of the Florentines: Every one knows the jealou∣sies and emulations that were betwixt them and the Florentines, Pisans, Lucchesi, and Sa∣nesi: and this diversity of humours proceeded not from any neglect in the Pistoians of their affairs, or from any disesteem they had of their liberty, more than the others; but from an ancient experience they had had of the affection and tenderness of the Florentines, and that was the true cause why they threw themselves under their protection; whereas carrying themselves more severely to the rest, they were so far from coming in, and sub∣mitting to their jurisdiction, that they did what they could, and tryed all ways possible to disclaim it. And doubtless had the Florentines, by their Leagues, or supplies comported themselves with more kindness to their Neighbors, and not incensed them by their austeri∣ties, they had been Masters of all Tuscany at this hour; Not but that Arms and Severity are to be used upon occasion, but mild ways are to be tryed first, and extremities only in extremity.