Yvoy, having committed this oversight to issue out of his holde, to parlie with the Con∣stable of France, at his returne found the Towne taken, and himselfe jack-out-of-doores. But that wee may not passe vnrevenged, the Marques of Pescara beleagering Genova, where Duke Octavian Fregoso, commanded vnder our protection, and an accord between them having so long been treated, and earnestly solicited, that it was held as ratified, and vp∣on the point of conclusion, the Spaniards being entred the Towne, and seeing themselves the stronger, tooke their opportunitie, and vsed it as a full and compleate victorie: and since at Lygny in Barroe, where the Earle of Brienne commanded, the Emperour having besie∣ged him in person, and Bartholemy Lieutenant to the saide Earle being come foorth of his hold to parlie, was no sooner out, whilest they were disputing, but the Towne was surpri∣sed, and he excluded, They say,Fu il vincer sempre mai laudabil cosa,Arist. cant 15. stan. 1.Vincasi per fortuna ô per ingegno.To be victorious, evermore was glorious,Be we by fortune or by wit victorious.But the Philosopher Chrysippus would not have beene of that opinion; nor I neither, for he was woont to say, That those who runne for the masterie may well employ all their strength to make speede, but it is not lawfull for them to lay handes on their adversaries, to stay him, or to crosse legges, to make him trip or fall. And more generously answered Alexander the great, at what time Polypercon perswaded him to vse the benefit of the advantage which the darkenesse of the night afforded him, to charge Darius; No no, said hee, it fittes not mee toCurt. lib. 4.hunt after night-stolne victories: Malo me fortunae poeniteat, quàm victoriae pudeat. I had ra∣ther repent me of my fortune, than be ashamed of my victorie.Atque idem fugientem haud est dignatus OrodemVirg. Aen. lib. 10. 732. Me∣zent.Sternere, nec actacaecum dare cuspide vulnus:Obuius aduersóque occurrit, séque viro virContulit, haud fur to meliôr, sed fortibus armis.He deign'd not to strike downe Orodes flying,Or with his throwne-launce blindely-wound him running:But man to man afront himselfe applying,Met him, as more esteem'd for strength then cunning.The seuenth Chapter.That our intention iudgeth our actions.THE common saying is, that Death acquits vs of all our bondes. I know some that have taken it in another sence. Henry the seventh, King of England made a composi∣tion with Philip sonne to Maximilian the Emperour, or to give him a more honorable title, father to the Emperour Charles the fift, that the said Philip should deliver into his hands, the Duke of Suffolke, his mortall enemie, who was fled out of England, and saved himselfe in the Low countries, alwaies provided the King should attempt nothing against the Dukes life; which promise notwithstanding, being neere his end, he expresly by will and testament commanded his succeeding-sonne, that immediately after his decease, he should cause him to be put to death. In the late tragedie, which the Duke of Alva presented vs withall at Brus∣sels, on the Earles of Horne and Egmond, were many remarkeable things, and woorthie to be noted: and amongst others, that the said Count Egmond, vpon whose faithfull word and assurance, the Earle of Horne was come in & yeelded himselfe to the Duke of Alva, required verie instantly to be first put to death, to the end his death might acquit and free him of the word and bond, which he ought and was engaged for, to the saide Earle of Horne. It see∣meth that death hath no whit discharged the former of his worde giuen, and that the se∣cond, 0