The pandectes of the law of nations contayning seuerall discourses of the questions, points, and matters of law, wherein the nations of the world doe consent and accord. Giuing great light to the vnderstanding and opening of the principall obiects, questions, rules, and cases of the ciuill law, and common lawe of this realme of England. Compiled by William Fulbecke.

The seuenth Chapter.

Of the Law and Iustice of Armes, of Leagues, of Embassages, and denouncing of Warre, of Truce, of Safeconduct, Captiues, Hostages, Stratagems, and Conquestes, according to the Law of Nati∣ons.

IN purposing to speake at large of the Law of Armes, and the mem∣bers and parcels thereof, I doe re∣spect the good of the Ciuilian, who in these matters is verie often em∣ployed: And of the professors of common Law, who shall not doe amisse, in considering of these thinges that shall be deliuered, for the more full opening and explaning of the Statute of 13. Rich. 2. cap. 2. which is thus: To the Constable and Mar∣shall it belongeth to haue conusans and knowledge of contractes, touching feates of Armes, and of warre; out of the Realme, and also of such thinges as touch Armes or Warre within the Realme, which can not be determined, nor discussed by the Common Law &c. For the better entring into this discourse, I thinke it best to begin with the definition of Warre, which may be thus: Warre is a iust con∣tention of men armed for a publike cause, for though manie thinges be done in warre without wea∣pons, yet mere is no warre without the furni∣ture

of weapons, and there is nothing in warre which doth not lie hidden as it were vnder the safegard of Armes, and which may not be re∣ferred to the same: And it must be a publike contention, because warre is not the quarrelling fight and enmitie of priuate men: for warre is therefore called Duellum, because it is the con∣tention of two equall personsa) 1.1: And there∣fore the Syrians (as I am infourmed) doe thus translate the wordes of our Sauiour: What king goeth to warre against an other kingb) 1.2, in this forme: What king goeth to warre against his fellow king: that is an other king equall vnto him: There∣fore Lipsius his definition is to bee disliked, in that he defineth, Warre to bee force and armes against a straunge Prince or peoplec) 1.3: for by that hee maketh the outrage and violence of pri∣uate men and pyrates to bee warre: for warre is a iust contention, and by this woord (iust) excursions and depraedations are excluded: Where∣fore Scipio did accompt them robbers and ring∣leaders to theefes, which did deale by such kind of spoyle and pillaged) 1.4. And Liuie censureth the Ligurians rather to be robbers then iust ene∣mies, because beeing poore at home, they did inuade the dominions of others, and were more easilie ouercome then founde out: Neither did they obserue the Law of Armes, because they did slaie captiues, and cruellie dismember them. And Iouius speaking of the truce betwixt

the Turkes and Hungarians saith, that by an aun∣cient custome, they did make small skirmishes and extraordinarie incursions vpon the borders, if they were not resisted by the preparation of Ordinance plan∣ted against their wallese) 1.5. Warre was first brought in by necessiitie, for in that decisions of Courtes of Law, and the determining of controuersies by their rules, could not be betwixt two straunge Princes of aequall power, vnlesse they should wil∣linglie agree to such an order, because they haue no superior nor ordinarie Iudge, but are supreme, and publike persons: therefore the iudgement of armes is necessarie because such warre (saith De∣mosthenes) is against them which can not bee brideled by Lawf) 1.6; But processe of suit is onelie for them which are subiect: For as there be two kindes of contention; one by triall of Law; the other by triall of Armes: so we may not vse the later, if we may haue helpe by the former. This was the cause that the Romanes were wont to mooue them, with whom they dealt, that their quarrels might be ended by mutuall debating, and course of iudgement, rather then by blowes, and weapons. And so the Ardeates, and Ari∣cines, the Neapolitanes, and Nolanes did referre their controuersies to the iudgement of the Ro∣manesg) 1.7. So the Samnites did prouoke the Ro∣manes to debate their cōmon cause betwixt their common friendesh) 1.8. And Archidamus said, that it was not lawfull to wage battaile against them

which did offer themselues to bee ordered by peaceable iudgement:i) 1.9 and Cyrus who is propo∣sed as a patterne of an excellent prince, by Xeno∣phon, a principall Philosopher and very wise Go∣uernor maketh the king of the Indians an Vmpier betwixt himselfe, and the Monarch of Assiria:k) 1.10 therfore they which flie from this peaceable kind of triall, which is nothing els but a disseptation of of words and reasons do digresse from iustice, hu∣manity, & commendable examples: but it is good to bee prouided for armes, when the parties will not tollerate indifferent hearing of the cause, which the poets seeme to haue signified when they feygned Chiron the Centaure, whose vpper part did resemble a man, the inferior part a horse, to be tutor to Achilles,l) 1.11 that they might giue vs to vnderstand, that when a controuersie could not be moderated by reason, the strength of the horse should be vsed: for against them, which will not be ruled by equitie and reason, force is not vniust. But (as Scipio said a gouernor in warr ought like a Phisitian to vse iron and launcing in the last place;m) 1.12 And as to the bearing of armes, it is certaine & manifest, that priuate men, and people subiect, and inferiour princes, haue no such necessitie to make triall by battaile, because they may pursue their right by other lawfull meanes in some court of iu∣stice: neither haue priuate men any authority to assemble a multitude. It is Pl••••••es law, Si quis pri∣natim sine publico scitu pacem b••••••mue fecerit capital

esto:n) 1.13 If any man priuately without publike knowledge doe make warre or peace let it be capitall vnto him: for it belongeth to the power of the supreme gouernor to make warre or peace:o) 1.14 and therefore by the law of Iulius it was high treason for any to leuie armes without the consent or command of the prince,p) 1.15 & the Romanes did thinke it conuenient to yeeld such a man into the hands of them whom hee had prouoked by weapons:q) 1.16 and vppon such oc∣casion they demanded the person of Annibal: and so the Philistines vpon like cause demaunded Sampson, to whome the Iewes yeelded him;r) 1.17 and Cato thought that the army was to be recalled, & Caesar to bee yeelded vp into the enemies power, because he maintained warre in Fraunce without the warrant of the people, in whose handes the commandement of warre and peace was:s) 1.18 but without vrgent cause and lawfull authoritie there should be no taking of armes or raysing of multi∣tude, & therfore it is well prouided by the statutes of the two soueraigne Queenes & sisters, Marie & Elizabeth of England: That no man without autho∣ritie, by ringing of any bell, or by sounding of any drumme, trumpet or horne, or any other instrument, by the fiering of any beacon, or any other instrument, &c. with force and armes shall alter any lawes or sta∣tutes.t) 1.19 And in ancient times kings had the supre∣macie ouer other, of commaunding of commen∣cing war, and of m••••tering men, as appeareth by the sacred historie ••et sometime vpon a great or necessarie cause,u) 1.20 as if there be daunger in delay, or

the soueraigne prince be absent, warre may be vn∣dertaken without the commaundement of the prince, if it be vpō occasion of iust defence, which by the law of nature is graunted to euery one, and there is an excellent example to this purpose in the Romane history of L. Pinarius, who was the captain of a garrison at Enna in Sicely, who whē he did foresee the reuolt & defection of the citizens of Enna to the Carthaginians, and hee could not conueniently send ambassadors to the Consul Marcellus, though he were not far frō thence, sud∣denly he did kil all the citizens, by which act Enna was still reteigned for the Romanes, & Marcellus did not disallow the deed:a) 1.21 therefore Cicero com∣mendeth the enterprise of Octauius Caesar, who not expecting the decree of the Senate, did of his own head vndertake war against Antonius: for the time of cōsultation was not yet come, but if he had thē omitted the time of battel, he did well foresee that the cōmon weale being oppressed, nothing could bee decreed by Senate:b) 1.22 and the Senate did after allow by publike authority the war vndertakē by Octauius of his owne priuate aduise:c) 1.23 so Scipio Na∣sica did deserue exceeding cōmendation, who did voluntarily offer himself a captain to all good Ro∣mans for the oppressing of Ti. Gracchus, together with his treacherous confederates.d) 1.24 For it is ne∣cessarie (as Cicero sayth) in such perturbation and tumult rather to obey times then customes: for in peace wee must follow custome, in warre profite: but nowe as to the iustice of warres,e) 1.25

if bellum haue his denomination a belluis, as some doe imagine, it should seeme to be vndecent and discrepant from the nature of man. Heare of that matter Seneca: Wee punish homicides and particular murders, why doe wee not punish warres and the glo∣rious sinne of people slaughtered. Couetousnes & cru∣eltie know no measure: By Senate-counsell and popu∣lar assent bloody actions are executed and publikely commaunded, which are priuately forbidden.f) 1.26 Men, a mild kind of creature, are not ashamed to boast of bloudshed, when as dumbe and reasonlesse crea∣tures haue peace amongst themselues.g) 1.27 And at the first sight this is a great argument, that if dumb creatures, which can not debate the causes of their anger haue peace amongst themselues, how much more ought men to doe the like, vnlesse they will bemore beasts then the beasts themselues. Cyprian hath the like saying: Homecide when particular men doe it is accompted a fault: when it is publikely done it is accounted a vertue the greatnes of crueltie not the reason of innocencie doeth purchase impunitie and pardon. And fitly to the same purpose, though not purposely for the same: Lawes haue agreed to sinnes, and that is admitted to bee lawfully which is publike:h) 1.28 And Seneca againe, Small theftes are punished, great are caried in triumph.i) 1.29 Tertulli∣an saith, that wrong is proper to warre, and as farre as his authoritie stretcheth, prohibiteth battaile to Christians:k) 1.30 but sithence the time of Tertullian, these opinions haue beene confuted of Diuines,

Ciuilians, and Philosophers: for warre is accor∣ding to lawe though many mischeefes do steigne it: for there doeth ensue good of it when rebels are reduced to obedience, and when peace is ac∣corded: and that whose end is good, is also good it selfe: for the end of war is peace, to which and to common equitie without bloudshed, and these iniuries of warre men do seldome attain. Neither doth Seneca disalow all warres: for he praiseth the warres of Hercules:l) 1.31 as to Tertullians saying, hee did speak it vpon the consideration of such things which are vniust, and are often done in warre, not impeaching that which is vsually done of them that be iust: to Lactantius & Cyprian answere may be made after the same sort. Notwithstanding I would not haue this poyson of war admitted in∣to any commonweale, vnlesse it be to expell an o∣ther poison: nor this furie to be let loose, vnlesse it bee to coole the furie of others, or vpon like ne∣cessitie. But now let vs sift the precedent definiti∣on of warre more narrowly, and consider how warre may bee iustly maintained on both sides: which both Diuines & Ciuiliansm) 1.32 haue thus ex∣pounded, saying that it may bee truely and verily iust on the one side, & on the other by ignorance, as by the voice of God the Iewes did iustly moue warre against the Cananites, and the Cananites did iustly resist the Iewes, not knowing God his will and defending themselues: and therefore it was well said of Pope Pius the second to the em∣bassadors

of the king of Hungarie, who did speake against the Emperour, that he thought the king of Hungarie would not depart from right and reason, and hee knew likewise that the Emperour was a louer of iustice, howsoeuer nowe they did dis∣cent by warre, and that neither of them thought that hee had an vniust cause of warre.n) 1.33 Cice∣ro speaketh fittely to this purpose of the facti∣on of Caesar and Pompey: There was some ob∣scuritie, there was variance betwixt two excel∣lent Captaines: many doubted what was the best, many what was expedient for them, many what was decent, some, what was lawfull:o) 1.34 but the Ciuil law doth attribute the rightes of warre vnto both par∣ties, the things that be possessed by warre it giueth to the possessor: captiues it maketh bondseruants to both. Now it is conuenient to discend into a more particular consideration of the causes of warre, which must not be attempted onely vpon an immoderate desire of enlarging dominions or increasing riches. To assault thy neighbours by warre (saith Augustine) and to vexe people that doe thee no hurt through an ambitious desire, what is it els but a great robberie.p) 1.35 Therefore the saying of the Bar∣barian was as barbarous as himselfe: That is most iust in prosperous fortune, which is most forcible, and that it belongeth to a master of a familie to keepe his own but to a king to contend for that which other men possesse. But Attila which did not attend any cause or occasion of warre, did therefore worthely de∣serue

the hatred of all men as being an enemie to all men:r) 1.36 but the Turkes do otherwise,q) 1.37 who most commonly pretend a cause of warfare: and ther∣fore Soliman when hee endeuoured to winne the kingdome of Cyprus from the Venetians beganne to consider what pretenses he might make for the taking of armes, because it is not (as one saith) the custome of the Ottomans vpon a rage or heate of mind to enterprise warre.s) 1.38 It is a beastly part ha∣uing receiued no iniurie, to commit slaughters of men, and depopulations of cities and countries: therefore princes many times pretende causes of war, where in truth there is no cause. And Moyses sought for a good cause of quarrelling with the Emorites, though hee had a cause absolutely iust, namely the commandement of God. For when by vertue of the same commandement he was to make warre against the Emorites, & vtterly to de∣stroy them, hee sent messengers to their king which might signifie thus much: I will passe by thy land, we will not turne into thy field nor vineyard, nor drinke the water of thy well, wee will keepe the right path vntill we be past thy borders. Therefore let there be a cause of warre, and let it be no small cause: for parum a nihilo vix distat. And as Pro∣pertius saith:

Frangit & attollit vires in milite causa, Quae, nisi iusta subest, excutit arma pudor.

Iust cause of warre is the defence of our coun∣trie, our selues, our friends, our fellowes, & goods. A defensiue warre is grounded vpon the lawe of Nature, therefore C. Pontius the Captaine of the Samnites said well, That warre was iust vnto them, to whom it was necessarie, and that their armes are ho∣nest which haue no hope of safetie but in weapons. Likewise it is a iust warre which is taken in hand for the recouerie of thinges wrongfully, and by force taken from vs by our enemies:t) 1.39 or that the authors of the iniurie, at least, may be yeelded vp into our hands to bee punished, if they did it not by publike decree, but by priuate malice: therfore Dauid after the death of Saule did maintain warre against Isboseth the sonne of Saule, who did go about to vsurpe the kingdome of Israel, which God by Samuel the Prophet had giuen vnto Da∣uid:u) 1.40 and Romulus did therefore fight against the Sabines, because their Dictator Cluitius would not restore the things taken from the Romanes by vi∣olence, nor yeelde vp into his handes them that did wronge.a) 1.41 And the reuenge of an iniurie most despightfully done, is likewise a good cause of warre: Therefore Dauid did iustly wage bat∣tell against the King of the Ammonites for the disgrace and abuse offered to his ambassadors:b) 1.42 and that prince hath iust cause of warre, who pursueth by armes rebelles and such as swarue from obedience:c) 1.43 for great iniury is done to God, and to the prince, when his subiectes will

not be ordered, nor ruled by his authoritie: for there is no power but of God, and he that resisteth power as S. Paul saith, resisteth the ordinance of Godd) 1.44, and the iniurie done to a soueraigne Ma∣gistrate, is done vnto God: Who said vnto Sa∣muell, of whom the people craued an other king: They haue not cast off thee, but me, that I may not reigne ouer theme) 1.45. And Dauid did wage battaile against Seba the sonne of Bochri, who solicited the people to reuolt from Dauid to himf) 1.46. But be∣cause a Rebell may not properlie be called an ene∣mie, when any such armes are borne against re∣bels, it is not to be called a warre, but an exercise of princelie iurisdiction, vpon traiterous and dis∣loiall personsg) 1.47, which was well declared by Pom∣pey, in iustifying the warre mainteined by the Se∣nate against Caesar, and his complicesh) 1.48:

— nequè enim ista vocari Praelia iust a decet, patriae sed vindicis iram.

And this is confirmed by Ciceroes opinion, who did not think it conuenient to send Embassadors to Anthonie, not to intreat him by wordes, but that it were meete to enforce him by armes to raise his siege from Mutina: for he said that they ••ad not now to deale with Anniball an enemie to their common weale, but with a rebellious Citizeni) 1.49. And the said Cicero writeth also to Plancus, that peace ought not to be concluded with the Antho∣nians, who had besieged Brutus at Mutina, calling them shamefull theefes, which either ought to

craue peace, laying aside their Armour, or if they will persist in their furie to obteine it by fight, not by compositionk) 1.50: Wherefore it was vnaduisedly done by the late Earle of Essex, in admitting anie article of composition with Ty∣rone, and namelie for the restitution of such landes and possessions, to which the Rebels might pretende right before the rebellion: for so vpon euery iudgement giuen against them, they would presentlie haue retourned to wea∣pons. And this slipperie reuolution of titles, might perhappes haue stirred them to Armes, who were in peaceable possession of these lands: so that this would haue been nothing else, but a cutting off of one of the heads of Hydra, that an other might growe: for surelie there will alwayes bee some cause and occasion of tu∣mult, if men may bringe into question, anti∣qua et antiquata. The Romanes would graunt nothinge at all to Rebelles, beecause theyr course was to bee sterne to the proude, and rebels in that they are rebels are proude in the highest degree: Neither ought anie of their kinred to regarde them, but to bee of Seneca his resolution: Si arma quis patriae meae infer∣ret, quidquid de me meruerat perdidit, & referre illi gratiam scelus habereturl) 1.51. And exccellent is the saying of Fredericke the second to the Fa∣uentines: Qui dum potest delinquit, dignus est vt

quantum potest puniaturm) 1.52. But to returne to the causes of Warre; There be some causes of ma∣king warre, which wee referre to God, as com∣maunding warre; as when the Iewes did referre to God the cause of the warre mooued against the Cananitesn) 1.53. And God denounceth irrecon∣ciliable warre against the Amalekites, and he chargeth his people with perpetuall enmitie a∣gainst themo) 1.54. That kinde of Warre (saith Au∣gustine is without all doubt iust, which God doth commaunde, vvith whom there is no iniquitie, and vvho knoweth vvhat ought to bee done to eue∣rie man, in vvhich action the armie is not so much to bee accompted the authour of vvarre, as the mi∣nister thereofp) 1.55. And so the Prophet Esaie said, that it was not necessarie for king Ezechias to aunsweare anie thinge to the Embassadours of the Philistines of the Israelites right in Palestine, but onelie this, That God vvould haue that land to bee his peoplesq) 1.56: Naie, the verie Heathen as the Aethiopians did vndertake euerie warre by the Oracle of Iupiterr) 1.57. And the Spartanes by lottes and miracles, were mooued to make warre and to fight with the Argiuess) 1.58. And Aeneas commeth into Italie to maintaine warre by destinies, and Oraclest) 1.59. And the Turkes doe alwaies pretende this cause of their warre, that it is the commaundement of Mahomet, that they should persecute men of diuerse Religion:

therefore they and the Persians, the one seeming haereticall to the other, are in continuall warre. And the late king of Spaine Phillip, did pretende this defence of his warres (as some testifie) that they were against Infidels, and Heretikesu) 1.60. Yet a Doctor of his owne sect Baltasar Ayala thinketh that warre is not to be leuied against Infidels, be∣cause they be Infidels, although the Emperor or Pope should commaund it: for their infidelitie doth not depriue them of these demesnes,uu) 1.61 which they haue by the Law of Nations: for the earth was not giuen to the faithfull onelie, but to euery reasonable creature: for the earth is the Lordes, and the fulnes thereof, the round world and who∣soeuer dwell thereinx) 1.62. And the Lord maketh his Sunne to shine both vpon the good and the bady) 1.63, and though Nabuchadnezer were an Infidell, yet the Lord did giue vnto him kingdome and prin∣cipalitiez) 1.64. But in grounding warre vpon diuine causes, it is good to be certaine of God his will, and not to credit the aequiuocall prophecies and fantasies of men light-headed and possest of fierie spirits, fit to kindle tumults and vprores: for the warrants of such men are nothing els, but the wracke of a number of men. Such was the oracle of that Scot vnto his king, consulting with him of warre against England, Ibis, redibis, nunquam in bello moriturus, which fell out afterward to be true, being thus distinguished: Ibis, redibis nun∣quam in bello moriturus. Such was the warrant of

the Eremit, moouing the imperiall armie to fight against the Ligurianszz) 1.65. Such were the fond pro∣phecies of Ball, or according to some Chronicles Wall a priest, who stirred vp a rebellious armie in the time of king Richard the secondzzz) 1.66. But from warres which displaie the banner, I will passe to leagues which wrap it vp: 2. As warres haue been by the Law of Nations mainteined, so lea∣gues haue been concluded: for as Cicero saith: Ita bellum suscipiatur vt nihil aliud quàm pax quae∣sita videatura) 1.67. Such was the opinion of S. Au∣gustine, as appeareth by the Canon Law: Pacem habere debet voluntas, bellum necessitas: non enim pax quaeritur, vt bellum excitetur, sed bellum geri∣tur vt pax acquiraturb) 1.68. And that is expedient for the Conqueror, according to the saying of Euri∣pides: Pacem reduci velle victoria expedit, victo ne∣cesse est. But the Conqueror ought to be of that power, that he may be able to make perpetuall peace: for it is one of the naturall properties of peace to be perpetuall: For such was the forme of peace, which the Romanes concluded: Roma∣nis & Latinorum populis pax esto, dum coelum et terra stationem eandem obtinentc) 1.69. And so the Ro∣mane Emperour, and the Persian king did esta∣blish peace sine terminod) 1.70, in concluding peace, publike profit must be especially regarded; which Hanniball therefore tearmed vinculum maxi∣mume) 1.71: and before him Demosthenes tearmed it soee) 1.72. And sometime priuate profite is respected,

when it is a mean or waie to publike profite: Wherefore Duaren saith pleasantly and fitlie: We see verie often, that as of a comedie, so of a warre, the finall conclusion is a mariagef) 1.73: But it is good to make peace, so that there be no feare of fu∣ture tumult, and vnquietnes: Therefore Len∣tulus his counsaile was good against the Cartha∣ginians: Quoniam perfidiam non possumus tollere, ante omnia debilitemus potentiamg) 1.74. And Cato of this matter speaketh to the Spaniardes: Id ne fiat vno modo caueri potest, si effectum erit ne possitis rebellareh) 1.75. And Iphicrates doth well aunswere the Lacedaemonians, promising all faithfulnes, and all possible securitie, that he could not rest vpon anie other faith, or other securitie then this, that it should bee apparent vnto him, that they could not doe anie hurt, though they would. The reason of this sure and warie dea∣ling with enemies, Saint Ierom wittilie shew∣eth: Quis vnquam mortalium iuxta viperam secu∣ros somnos capit, quae etsi non percutiat, certè sol∣licitat: Securius igitur est perire non posse, quàm iuxta periculum non perijssei) 1.76: Who did euer rest quietly, sleeping neare to a Viper, which though shee doe not stinge, yet shee doth vexe? It is therefore more secure to be able to auoide danger, then not to haue pe∣rished, where there is hazard of perishing. The effects of peace concluded are diuerse, for either wea∣pons are laide aside, or the parties agree vp∣on

condition, or the fight receiueth some re∣streints, or limitations: for when both parties are wearie, both of paines and of expence, this is rather an ending of warre, then a concluding of peace; as Tacitus saith in the like case: Bel∣lum magis desierat quàm pax caeperatk) 1.77. And the like matter Cicero, in the like sort censureth: Summum otium sed senescentis magis ciuitatis quàm quiescentisl) 1.78: Wherefore it is good to make and ratifie perseueraunce of peace, beecause the reliques of the disease after the crisis doe manie times worke the ruyne and subuersion of our health. And according to the rule of Phisicke: The ashes of putrified bodyes will soone inflame the humoursm) 1.79: And therefore Tul∣lus that artificiall warriour, in articulating peace with the Albanes, putteth them in minde, that they ought not so much to settle present peace, as to prouide for future agreementsn) 1.80. And worthelie doth Isocrates reprooue the Graeci∣ans, because they did not compounde, but de∣laie enmities, vntill such time as one of them might destroie an othero) 1.81. And excellent is that saying of Cicero: Pax est non in armis positis, at in abiecto omni armorum metup) 1.82. But to speake some what of the diuersities of ma∣king peace, if this clause bee comprehended in the Articles, That one of the parties should preserue the Maiestie and aucthoritie of the other with all kindnes and faithfulnes. Doctor Baldus

tearmeth this simplicem adhaerentiamq) 1.83, whereby (as Romanus expoundeth it) the weaker part doth adhere to the mightier: non vt subditi fiunt, sed vt defendanturr) 1.84. This adherence is lesse then pro∣tection: and he that is an herent, or vnder pro∣tection, is not presentlie vnder iurisdiction, but is onelie defensible from iniuries and violence, and that by souldiers and armour: Wherefore I wonder at Alciat, when hee saith, Faederati La∣tine loquentibus subditi sunt, non sotijs) 1.85, aut ad∣haerentes. Neither is it any subiection, though they giue somewhat in signe of superioritiet) 1.86. Neither were the Carthaginians and Macedonians subiect to the Romanes, though they did paie vnto them a yearely tribute. But if a League be once contracted, it bindeth verie strongelie and effectuallie; and that certaine ministeries or du∣tifull respectes were by reason of such Leagues due and demaundable, may euidentlie appeare by the League contracted betwixt the Ro∣manes and the Lacedaemonians, wherein it was expressed, that they should liue according to their owne Lawes, and should not conferre anie thing in name of tribute, saue onelie cer∣taine friendlie ministeries, and officesu) 1.87. And for the further proofe of the straitnes and strength of this publike bonde, this forme of League was found ingrauen in an auncient stone: Batari fra∣tres, & amici populi Romaniuu) 1.88: So that Bodinus is not to be harkened vnto, who thinketh that

by freindship or league contracted betwixt nati∣ons, no aide is due vnlesse it bee expressely men∣tionedx) 1.89: for Baldus teacheth him otherwise, that there is one bodie of two cities or two common weales, by reason of friendship concluded:a) 1.90 but for the better vnderstanding hereof it is to be no∣ted that there be two kindes of societie or publike friendship: one which is tearmed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the o∣ther which is named 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.b) 1.91 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is when the parties contracting league are by force of the league to haue the same friends, and the same ene∣mies, which maner of societie was much vsed by the Romanes: the other is but as it were the moi∣tie or halfe part of this, as namely when one of the league is to helpe the other when he suffereth in∣iurie: but not when hee offereth iniurie for it is a good rule in the ciuil law, rei turpis societas nō intel∣ligitur:c) 1.92 Therfore he that couenanteth to defend a castell or farelet is not bound, if warre bee raised through his fault, to whome hee made the coue∣nant:d) 1.93 and Castrensis auoucheth, that this ought to be vnderstood of a necessarie, not of a volunta∣rie warre: But this is cleare and certaine in this case, that he that is bound so to defend, is bound to defend by weapons:e) 1.94 and he that is bound in such case personally to helpe an other is much more bound to helpe him with moneyf) 1.95 yet that must be thought to be onely then required at his handes, when the other can not prouide for his owne necessities. Now it is to be considered, whe∣ther

eyther of the parties may depart from the league. And I thinke vpon iust occasion such a departure may bee made: Faedus non violatur si ab eo disceditur ob rationem iustamg) 1.96: But this must not bee for a light cause: for light causes are al∣waies arising: and all contracts would bee most weake, if for a small and worthlesse cause it should be broken or not regarded. But a prince may safe∣ly depart frō the league if some part of the league bee broken by the other partie:h) 1.97 and leagues as all other contractes bee indiuiduai) 1.98: for there be alwaies exceptions vnderstoode in euery league as these for example; Nisi causa superueniat: nisi culpa accesserit eius cui promissio ista fit, & pactio foe∣deris: rebus sic stantibus. Thus we haue spoken of warre and peace generally, now it remaineth to discourse of the particular circumstances of these two principall points and moments of a common weale.

3 Before warre be maintained by one prince a∣gainst an other, it behooueth him that commen∣ceth war to denounce the warre solemnly by am∣bassadors, and by that meane to certifie him of his purpose. For this course is prescribed by the lawe of Godk) 1.99. And it was practised by the Grecians, Barbarians, and most of all by the Romainesl) 1.100: Whereupon Cicero saith, Nullum bellum iustum ha∣beri videtur nisi nuntiatum, nisi indictum, nisi repeti∣tis rebusm) 1.101: Which saying is cited and auowched

in the Canon lawn) 1.102. And this is likewise affirmed in the ciuill law.o) 1.103 And therefore it is held by the interpreters of the ciuill law, Proditoriè agit qui non indictum mouet bellum:p) 1.104 And Varro reporteth, that iust warres did cease to bee waged in his time, because they ceased altogether to bee lawfully denouncedq) 1.105. For the auncient Romanes did not affoarde a triumph to anye, vnlesse the warre were solemnely proclaymedr) 1.106: And Al∣ciat accompteth this the law of nationss) 1.107. And because warre is a publike contention, if in pri∣uate causes summons and citations be vsed, surely in vndertaking warre, denuntiation ought to bee vsedt) 1.108; for which cause the Romanes were in this point so precise, that they did often denounce war when they needed not; euen when the law of na∣tions was apparantly violated by other nations, so that they might iustly haue enforced them, as the rule of the common law is to haue taken notice of their owne wrong. In this sort they proclaymed warre against the Senones who had slayne their ambassadors: against the Illyrians and Taren∣tines, who had contumeliously abused themu) 1.109. And this is noted of them in the case of the Sa∣guntines: Non statim ad arma procurrunt, dum prius more legitimo queri malunt:x) 1.110 So Liuie reporteth of the Frenchmen; Erant qui extemplo Romam e∣undum censerent, sed vicere seniores vt legati prius mitterentur questum iniurias, postulatumque vt pro

iure gentium violato Fauij dederentur:a) 1.111 Wherefore Xerxes doeth greatly inuey against the Graecians because they did not first assay to end their cōtro∣uersies without weapons:b) 1.112 and for the same cause Ioab is iustly reproued in the scripture of the wise woman:c) 1.113 neither was hee vnwise in this pointe that said: Omnia prius experiri verbis quam armis sa∣pientem decet. Qui scis an quae iubeam sine vi faciat.d) 1.114 Yea euen Tullus a most warlike man is of this o∣pinion: Quae verbis componi non possunt armis de∣cernantur:e) 1.115 So Theseus a notable Captaine saith in Euripides. Si oratione non persuadeo bellum laudo. Vade, dic Creonti: Theseus amanter repelit a te cada∣uera: hic primus sermo: si nihil efficis, secundus, vt me armatum expectet.f) 1.116 And so Theodorius said true∣ly to Alaricus: Tunc ad arma cum locum apud aduer∣sarium iustitia non potest inuenire: And againe, Quid opus homini linguasi causam manus agat arma∣ta.g) 1.117 Thus it is euident that by the lawe of nations warre should be denounced.

4 Somewhat must be spoken of truce, which is thus defined in the ciuill law: Induciae sunt cum in breue et in presens tempus conuenit, ne inuicem se lacessant:h) 1.118 And Gellius maketh mention of a truce which was made for an houre onely:i) 1.119 Vergill cal∣leth truce pacem sequestrā, because it sequestreth as it were, and suspendeth war for a time. Varro tear∣meth it, Ferias belli, warres holiday.k) 1.120 In that it is called sequestra pax, it is to bee noted that it is not

simplie a peace. In the Cannon lawe it is called tregna: it is of this nature, that by it warre is not ended but deferred onely, and so it is middle be∣twixt warre and warre euen as sequestration is middle inter duos altercantes betwixt two parties that are at variance. But peace properly so tear∣med is of another nature, because it is perpetuall, and vnder the name of peace truce is not compre∣hended, no though truce be concluded for a long time: as the Veientines made a truce during the space of an hundred yeares with the Romanes: afterward for fortie yeares, and after for twentie: as the Tuscanes had a truce first for thirtie yeares after for fortie, and then peace was concluded. Neyther is it so much as a league, as may appeare by Liuie: De foedere negatum: induciae in bienni∣um datae Samnitibus. And so hee reporteth of the Tuscanes. Pacem faedusquè petierunt, inducias in tringinta annos impetrarunt.l) 1.121 So Plutarch repor∣teth of Pelopidas, that hee woulde not conclude peace with his aduersary, but that he granted him trucem) 1.122. Ancharanus doth thus distinguish them there is a time of warre, a time of truce, a time of peacen) 1.123. And an other Ciuilian auoucheth truce to be more like to war then to peaceo) 1.124. And an o∣ther saith fitly, Induciae non interrumpunt hostilitatē, sed actus hostiles:p) 1.125 But this must be obserued in obseruing truce, that in time of truce aduantage may not be taken either in regard of the place, of the fight, or of other circumstances. Therefore

Phillip may seeme to haue done vniustly and a∣gainst the lawe of armes,q) 1.126 who hauing obteyned truce for the burying of his dead, did in this time of truce conuey his armie into safer places. And the D. of Mompensier was likewise guiltie of this fault, who hauing couenanted to yeeld vp a force∣let if helpe came not within one moneth, in the time of truce departed from the forcelet, hauing left it sufficiently fencedr) 1.127. And it is thought to bee against the lawe of truce to receiue soldiers at that time into a towne besieged:s) 1.128 For it is an vsu∣all clause in the concluding of truce: Nil nouari securitate pendente:t) 1.129 So Scanderbege doth sharpely reprehend the Turkes, who hauing promised to yeelde themselues if ayde did not come within a certaine number of daies, do in the meane season repaire the breaches of their wals and munition:u) 1.130 Neither can Tissafernes bee excused from the violation of truce, who in that time did make himselfe more strong for warre. But Agesila∣us is noted to haue done the contrarie:c) 1.131 Nei∣ther can the acte of Belisarius bee iustified, who in the time of truce surprised certaine townes, out of which the Gothes departed, howbeit hee an∣swered to this obiection, that he might well enter into such townes as the Gothes had left and wai∣ued: but the Gothes did not waue them; for they departed out of these townes through penurie, & want of victuailescc) 1.132: Now by the ciuill law hee that departeth out of a place, or casteth any thing

away being inforced by necessitie cannot bee said to leaue that thing behind him pro derelictod) 1.133: Yet the common law may seeme to sway with Belisa∣rius, which extendeth derelictum, both to that which is voluntarily forsakene) 1.134. And to that which is waiued and left by necessitief) 1.135: yet it cleareth not Belisarius, his acte: for during the time of truce no warlike action should haue beene enter∣prised: so that if the Gothes had left these townes voluntarily, and not by necessitie, this had not ex∣empted him from doing apparant wrong.

5 Because safeconduct is a thing much vsed a∣mongst nations in politique respect, & therefore is parcell of the law of nations, I may not omit or ouerpasse it. Safeconduct because it is in Latine fides publica, doth argue that it may not be granted regularly but of a publike person who is an abso∣lute Monarch, or of some publike estate or com∣mon weale; and in England it hath beene vsed to bee graunted by parliament, as appeareth by the statute of Magna charta: Omnes mercatores, nisi an∣te prohibiti fuerunt, habeant saluum conductum exire, & venire in Angliam ad emendum & vendendum praeterquam in tempore guerrae: & si sint de terra con∣tra nos guerrina, si mercatores nostri in patria illa sint salui, & salui sint illi in terra nostra. I mentio∣ned before this worde (regularly) because by commission and speciall warrant hee that hath potestatem explicandi ardua: or hee that hath causae cognitionem, maye graunt and affoarde

safeconduct for the better performance of his taskeh) 1.136. But safeconduct is to be vnderstood large∣ly, by equitie, and without cauils: and therefore if safeconduct be granted to one, to come safely to a place it is intended that he ought safely to depart, and hee that hath licence to passe safely may send safelyi) 1.137: and he to whom safeconductt is graun∣ted for himselfe and his company, may bring with him in his company odious persons, as Iewes and infidelsk) 1.138: but fugitiues, reuolters, rebels and trai∣tors he may not bring with him, for no law of na∣tions nor benefit of common weale belongeth to such,l) 1.139 reuolters or runnagates are by the ciuill law burnt aliue, or els hanged vpon a gibbet. Marcellus and Cato the Censorian did whip them and put them to deathm) 1.140: Others in setting forth of their games and showes did cast them to beasts: others did lay them vnder Elephants to be trode & torne in peeces, others did with other extremitie worke their deathn) 1.141: neither do I think that safeconduct may extend to men of another nation, then he is of, to whom safeconduct is granted. For example, the Fleminge, the Turke, the English are enemies to the Spaniard, if safeconduct be granted to the Fleming, he may not take Englishmen, or Turkes with him in his company. But safeconduct being granted to the husband must needs extend to the wife, and to such thinges as be necessarie to him ad bene esseo) 1.142: And to such familie-seruauntes or retinue as to be agreeable and proportionable

to his dignitie and estatep) 1.143: for according to the rule of the ciuill Law, in personalissimis actibus in∣separabiles personae includunturq) 1.144.

6 I will now speake of Captiues, and of the rightes that belong to them (for miserie needeth some solace) by the Law of Nations. A Captiue as the name importeth is he, who is taken in warre, and though he be borne of a captiue woman, yet is he free, vntill such time as he be seised into the handes, or to the vse of the Lord, and though he be so seised, yet it must needes be that he was borne free: for the rule is true: Quae iure gentium acquiruntur, ea non acquiruntur nisi vera interuene∣rit apprehensior) 1.145, otherwise he should possesse the treasure who possesseth the ground in which it is, yet he doth not possesse it, howbeit he knoweth of it, and therefore that rule is not in the Law of Nations true: Si quis habet id quod continet, habet id quod continetur: For in the Law of nations this generall maxime holdeth place: Vera et realia non ficta, et verbalia amat ius gentium: yet such a precise seisure is not heere ment that euery part of him that is taken should be touched, euen to the verie shirt of a man, as long as he that seiseth hath a will and power to seise: for he that toucheth a mans eare, is in the ciuill Law held to touch the whole mans) 1.146. Some hold opinion that he is not a Captiue, vntill he be brought into the tents of his enemiet) 1.147, howsoeuer it be, it is plaine, that Captiues may not be put to death; as the prophet

said to the king of Israel: An quos captiuos abdu∣ceres, gladio tuo et arcu tuo eos percuteres? And though bloudie Pyrrhus desirous to kill Polyxena did pretend, that lex nulla capto parcit aut poenam impedit: yet Agamemnon aunswered him well, quod non vetat lex hoc vetat fieri pudoru) 1.148. To which purpose the other Seneca saith excellentlie: Au∣gusta innocentia ad legem bonus esse, et latius officio∣rum patet quàm iuris regula, multa exigit pietas, hu∣manitas, liberalitas, iustitia, fides, quae omnia extra publicas tabulas sunt. The Scots therefore are greatlie to be commended, who as Buchanan re∣porteth, though great daunger were imminent, yet did not slaie their prisonersuu) 1.149. Neither did the English euer (that I reade) vnlesse it were once in that notable fight, in which they did vt∣terlie destroy the French dominion, who hauing more prisoners then themselues were, and fin∣ding their captiues to tende to conspiracie and mutinie, hauing singled the most noble, did kill the baser prisonersx) 1.150. But doubtles the Turkes crueltie was barbarous, who did kill fowre thou∣sand prisoners, that they might not be a burden or charge vnto hima) 1.151. And this fault was com∣mitted by Henry the second king of Fraunceb) 1.152, who did cause certaine obstinate prisoners, & perseue∣ring in fight to be hanged: a kind of death vnfit for Captiues, who are not so to be punished without great and vrgent cause, because it is a point of immanitie, and crueltie, bitterlie to rage

against them which defende their Prince, and their Countrie.

A Captiue one may be, and yet not a bond∣slaue: for he can not be a bondslaue, vnlesse his Lord will haue him so. There was a ceremonie therefore vsed to make him bondslaue, which was called Nexus; And it seemeth that the Praetor had some authoritie in this matter: which I ground onelie vpon the last will and militarie testament of a Romane, ingrauen in stone as Sigonius repor∣teth, who would haue his villaines manumitted by the Praetorc) 1.153: and sithence eiusdem potestatis est ligare & soluere, I am of opinion therefore, that he had some intermedling in the making of them villeines. But in the making of them villeines, chaines doubtles were vsed: and therefore Ves∣pasian when he had taken Iosephus prisoner, would needes haue his gyues to be broken, not to be loosed, that he might seeme neuer to haue been a bondslaued) 1.154. And whereas the Law saith, that such thinges as are taken of enemies capi∣entium fiunte) 1.155, it is not meant nolentium: there∣fore though the power of him that taketh make a captiue, yet his will must make a bondslaue. But surelie the state of captiues, if they become bond∣slaues is verie miserable: for they are as it were deiected from their nature, and are in accompt of Law tourned into beastes: And wheras before they were accompted in Law persons now they

are accompted thingesf) 1.156, and therefore of the Graecians they are generally called Samata bodies. But I do not think this seruitude to be contra na∣turam: For Aquinas his distinction is not to be re∣prooued, that seruitus is á natura, though not se∣cundum primam intentionem, by which we are all made free: yet ex secunda by which God doth punish whom it pleaseth him: but such bond∣slaues must not be vsed like beastes, but like men: wherefore the speech of some is intollerable (Se∣neca reporteth it) who did affirme domino in ser∣uum nihil non licere, pictori nihil non pingereg) 1.157. And Plato writeth not well when he saith,l) 1.158 that bond∣slaues are to be handled roughlie ^h. Aristotle more trulie, that they ought to be handled mildliem) 1.159. Cicero more iustilie, Meminerimus et aduersus infi∣mos iustitiam esse seruandum, Macrobius more mo∣destlie, Dominum patremfamilias, seruos familiares appellauerunt nostri maiores omnem seruis contume∣liam detrahentesn) 1.160. Clemens Alexandrinus more compassionatelie: Famulis vtendum tanqum nobis ipsis: sunt enim homines tanquam noso) 1.161. Nunquid canes saginabuntur, homines pascentur male? said Diogenes. In Athens there was a Law de iniuria seruilip) 1.162. Amongest the other Graecians there was a Law, that bondslaues might depart from their cruell maisters. In some common weales they had licence to purchase landes, and goodes, as Athe∣naeus reporteth, according to the Romane Law, as appeareth by Seneca, Dominus praestare debet seruo

cibarium, vestiarium: est enim seruus perpetuus mer∣cenariusr) 1.163.

7 Enough of Captiues: Now let vs not be vnmindfull of Hostages, which are in state not far distant from Captiues: Therefore Quinctius did cause the sonne of Phillip, and the sonne of Nabis to be led before his triumphall chariot, though they were but Hostagess) 1.164. And the Parthians were wont to saie: obsidatus nihil aliud est, quàm seruitust) 1.165. By the Ciuill Law they can not make a testament no more then others, which are in the enemies poweru) 1.166. The definition of Hostages is thus deli∣uered in the ciuill Law: Obsides sunt qui fidei pub∣licae seruandae causa, principi, aut duci exercitus dan∣turuu) 1.167. To whom this daunger is incident by the Law of Nations; That if promise be not kept to him whose Hostages they be, they may presentlie be put to death: As may appeare by the exam∣ples of the Thessaliansa) 1.168, the Romanesb) 1.169, the Gothesc) 1.170, the Daciansd) 1.171, the Englishe) 1.172.

8 I may not omit to speak somewhat of the Law, and lawfull vse of Stratagems, which haue been so much fauoured and practized in aunci∣ent times, that it hath been generallie and per∣emptorilie affirmed: Nullo discrimine virtutis ac doli prosperi omnes laudari debent bellorum euentusc) 1.173. And S. Augustine his authoritie is vrged in the Canon Law: Cum iustum bellum susceperis, vtrum aperta pugna, vtrum insidijs vincas nihil ad iusti∣tiam interestd) 1.174: To which agreeth the saying of

the Poet: Dolus an virtus quis in hoste requirat? And counsaile hath been giuen by Oracle, that men must not onely fight by warlike instruments, but by nimblenes of wittee) 1.175. And Brasidas saith in Thucydides, that the theft of warre is most honest. And Silius censuring Fabius vsing such cunning plots saith: Exin virtuti placuit dolusf) 1.176. But yet great regard is to be had, that all kind of deceit and fraude may not be vsed & admitted: because Law must be vsed in dealing with enemies. But the Law admitteth not dolum malum, being the arte boni et aequi. And in concluding any matter with enemies, all captious and scrupulous disputati∣ons and interpretations are to be auoided: for as Cicero saith: Leguleiorum est syllabas & apices aucu∣pari, (non militaris simphicitatisg) 1.177.) Wherefore Pe∣ricles dealt vniustly, who hauing couenanted with his enemies, that they should be safe si ferrum de∣ponerent, did afterward kill them, because they had about their harneys certaine yron buttons: for this word (ferrum) was to be vnderstood of wea∣pons: as appeareth by that saying of Pyrrhus in Ennius:h) 1.178 Ferro non auro vitam cernamus vtri{que}. And they of Plataea were vniust, who hauing promised to restore certain prisoners, did first kill them, and then deliuer themi) 1.179: as if the carcasses of men were captiues, and a dead man were a man. Vniust was Alexander, who hauing promised to certaine per∣sons a safe departure out of the citie, let them go safe out of the citie, but hauing gone a little of

their way, he caused them to be slainek) 1.180. The Sam∣nites were vniust, who hauing promised their ene∣mies that they would take away but a stone all a∣long the wall, did take away the foundation-stones & so destroied the whole walll) 1.181. And that Romane can not be excused from blame, who when Antio∣chus had promised him that he should haue halfe of his shippes, caused all his Nauie to be cut in the middestm) 1.182. And the craft of the people of Lacros is to be reprooued, who hauing promised perpe∣tuall friendship whilest they should treade vpon that earth, and whilest they should carie on their shoul∣ders their heades, did cast out of their shoes the earth that they had put into them, and remooued from their shoulders the heades of garlike which they had priuilie laied on them, and then they le∣uied warremm) 1.183. For as Cicero, though a pagane saith diuinely: Sēper in fide quid senseris, non quid dixeris cogitandumn) 1.184. Neither is it materiall that some ex∣amples, and namely these abouesaid may be vrged for the defence of such sinister dealing, for these few examples make not the Law of nations. Nei∣ther in this treatise do we imagine what hath been done of some men, of some nations, in some cases, vpon some occasions. But what hath been done of the most part of the best men of all Nations, vpon grounded aduise, and free election. And surely di∣uers such great & eminent parsonages haue some∣time vsed such stratagems in good sort, and with∣out breach of national iustice. Iudith that wise and

valiant woman, for her plot intended and practi∣zed against Olofernes is commended of diuers, yea euen of Diuines: of Clemens Alexandrinuso) 1.185, of Ambrosep) 1.186, of Ieromq) 1.187, of Augustiner) 1.188, of other. So Augustus Cesar did promise to Cleopatra what she would, if she would effect the death of An∣toniuss) 1.189. Such snares were laid against Timoleon, against Eumenes, against Lucullus by Mithridates, as Plutarch reporteth. They were assayed by Me∣tellus and Marius, and perfourmed and executed by Sylla against Iugurtha, as Salust auoucheth. They were compassed of the Aetolians against Nobist) 1.190. And attempted of Perseus against Eume∣nesu) 1.191. And likewise of Decebalus the king of Dacia against Traianuu) 1.192. They were procured latelie of Tiruultius against Sforza Duke of Millainea) 1.193. And in time past perfourmed by Totilas against the Gouernor of Perusiab) 1.194. And in this age of Sely∣mus the Turkish Emperour, against king Alado∣lusc) 1.195. And heretofore of a certaine Triballian a∣gainst Amurathesd) 1.196. Manie such cunning practizes were deuised and executed by Annibal that admi∣rable souldier, in whom the two seueral natures of the Foxe and the Lion did constell and accorde: but he was fully countermated by the Romanes, of whom therefore he said: video Romanos suos ha∣bere Annibales.

I must conclude with shewing the vniuersall and absolute right, aduantage, libertie, power, and prerogatiue of the Conquerour. The que∣stion

hath been heretofore, whether all these things that anie waie belong to the people sub∣dued may be claimed by the Victorer, or onelie such things Quae pede praemit, manu tenet. It hath beene agreede, that when Alexander did sur∣prise Thebes, he was an vniuersall & no particular possessor of all their rightes and inheritancese) 1.197: And whereas the Chalcedonians being dange∣rously assaulted by the armie of Alcibiades did pri∣uily and closely conuey their goods for safetie vn∣to the Bithinians, Alcibiades hauing conquered them, made earnest demand of these goods, to be deliuered him by the Bithiniansf) 1.198: And the Ro∣manes did demand the bodies of certaine kinges Demetrius and Mithridates, being ouercome and put to flight, of them to whome they fledg) 1.199: but without all doubt these places, and the things of these places which the conquering armie doth possesse, doe iustly belong vnto the conqueror, & therefore that is said to be the conquerors territo∣rie, vbi exercitus eius terreth) 1.200: And Alexander might well laugh at Darius, who in the articles of peace would haue yeelded these things to Alexan∣der, which he did alreadie possessei) 1.201: And Hanni∣ball did disdaine the Romane simplicitie (though they did it of great pollicie) in selling that ground which hee did possesse with his armiek) 1.202: And Brasidas the Lacedemonian saide well, that that was not the Boetians land, which the Lacedemo∣nian armie had seysed:l) 1.203 And when a Monarche

or free citie yeeldeth, al the members and inferior parts doe yeeld implicatiue: wherefore Baldus saith well, A submissione capitis sequitur submissio mēbro∣rū & rerū, quia seruiēte capite membra seruire necesse est. And it is certain, that the ornaments & riches of the people subdued they may take away iure imperatorio, as Cicero saith:m) 1.204 So Camillus a most strict obseruer of the lawe of armes did take the i∣mage of Iuno from Vetosn) 1.205: Marcellus caried away many things from Siracuse,o) 1.206 and Mummius con∣ueied great store of Church-ornaments out of A∣chaiap) 1.207: And Sir Frauncis Drake that sea-flowre of England did (as I haue heard) bring home with him the great golden statue of S. Christopher which hee tooke in one of the Churches of Porto Rico when hee sacked it. And though there bee somewhat in scriptureq) 1.208 spoken against the spoy∣lers of the temple of Ierusalem, the cause was for that God had chosen that temple to be his house and the spoilers of it did it in reproach of his ma∣iestie. But it is plaine that cities surprised may bee sacked: cities yeelded vpon condition may notr) 1.209: and cities surprised may bee sold, and the walles may be destroied, and the cities themseluess) 1.210. The wals of Athens were destroyed by the Spartanest) 1.211. The walles of Sparta by the Achaeansu) 1.212: the walles of Ierusalem by the commandement of Pompeyx) 1.213: part of the walles of Giscala by Titusa) 1.214: the walles of Argentina by Attila, which hee would needes haue afterward called Polyodopolis, as now hauing

many waies to come vnto it.b) 1.215 Fredericke was brought in triumph through the walls of Millaine yeelded vnto himc) 1.216: Alponsus through the walles of Naples:d) 1.217 (as Guicciardine reporteth) Iulius the Pope of Rome through the walles of Mirandula: was it because the gates were throwne downe? or because such a holy man wold not make a pro∣phane passage through the gates, but through the walles which are commonly consecrated? or be∣cause his ordinarie course is to enter by the win∣dow, his extraordinarie at the wall? or because he wanted the Aspe and the Basiliske to walke vpon, he thought good for that present to trample vpon stone and morter? as to generall subuersion of ci∣ties after a victorie obtayned, it is manifest that Thebes was destroyed by the generall concord of all the Grecians, because they tooke part with the Persianse) 1.218. Liuie maketh mention of Alba, Pome∣tia, Corbio, Cortuosa, Contenebra, Satricum, Anti∣patria, Phaleria, and others, which were so destroi∣edf) 1.219: Carthage, had the same fortune, which is said to haue suffered the plough, a ceremony vsed of the Romanes in razing of the foundations of a ci∣tie conqueredg) 1.220: the same fortune had Ierusalemh) 1.221, according to the prophesie of Micheas: Sion vt ager arabitur ^l.

Notes

• a) 1.1

  Varr. lib. 6. de lingu. lati.
• b) 1.2

  Luc. 14.
• c) 1.3

  Lipsi. in po∣lit.
• d) 1.4

  Liui. lib. 28.40.41. Flor. 2.
• e) 1.5

  Ioui. lib. 36.
• f) 1.6

  Demosth. de Cherson.
• g) 1.7

  Liui. 3. Dionys. vit. Cicer. 1. de offic.
• h) 1.8

  Liui. lib. 8.
• i) 1.9

  Thucid. l. 1.
• k) 1.10

  Xenoph. Cyropaed. 2.
• l) 1.11

  Statius Achilles lib. 1.
• m) 1.12

  Plut. in apophth.
• n) 1.13

  Plut. lib. vlt. de legi.
• o) 1.14

  Deci. cong. 20.
• p) 1.15

  l. 3. ad l. Iu. ma.
• q) 1.16

  Appian. & Plut. in cat. mi.
• r) 1.17

  Iudic. 15.
• s) 1.18

  Liui. lib. 4. 16. 18. 19.
• t) 1.19

  1. Mari. par∣liam. 1. c. 12. 1. Eliz. c. 7.
• u) 1.20

  1. Reg. cap. 8
• a) 1.21

  Liui. lib. 24.
• b) 1.22

  Cice. Philip. pic. 8.
• c) 1.23

  Cic. Phi∣lip. 5.
• d) 1.24

  Valeri. Maxi. lib. 3. c. 1 Appi. de bel. ciui. lib. 1.
• e) 1.25

  lib. 2. de rep c. 5.
• f) 1.26

  Senec. epist. 96.
• g) 1.27

  Cuia. Critic. not. 1. &c. 2. de cla. desp. Lipsi. 2. mili. Rom. 12.
• h) 1.28

  Cypr. 2. ep. 2
• i) 1.29

  Senec. ep. 88
• k) 1.30

  Tertullia. adu. Iud.
• l) 1.31

  Senec. lib. 1. de benefi.
• m) 1.32

  Conua. reg. peccat. §. 18. Soto. 5. de iust. q. 1. 7. view. relect.
• n) 1.33

  Com. Pij. 2. lib. 3.
• o) 1.34

  Cice. pro. Marcel.
• p) 1.35

  D. August. in. 4. de ciui∣tat. Dei.
• r) 1.36

  Ior. de or.
• q) 1.37

  Tacit. Ana∣li. 15.
• s) 1.38

  Natal. com. lib. 1.
• t) 1.39

  c. iustum. q. 2 August. q. 10. sup. Iosu. lib. 2.
• u) 1.40

  2. Reg. c. 2.
• a) 1.41

  Dionis. Ha∣licarn. lib. 3.
• b) 1.42

  2. Regu. c. 20 & duob. se∣quenti.
• c) 1.43

  c. auctor. it. vs. quaesti. 6. cap. scir. 103. quaest. 8.
• d) 1.44

  Ep. ad Ro∣man. c. 13.
• e) 1.45

  1. Reg. c. 8.
• f) 1.46

  2. Reg. c. 20.
• g) 1.47

  Innocent. in c. olim 1. de resti. sp. et l.
• h) 1.48

  Lucan. lib. 2.
• i) 1.49

  Cicer. phi∣lipp. 5.
• k) 1.50

  Cicer. lib. 10. epistol. episto. 6.
• l) 1.51

  Senec. lib. vlt. de beni. fi.
• m) 1.52

  Sigoni. lib. 18. de re. Itali.
• n) 1.53

  Deut. 34.4. Exod. 23.29. Num. 33.51. Deut. 20.16.17.18.
• o) 1.54

  Exod. 17.
• p) 1.55

  August. in Ios. q. 10.
• q) 1.56

  Esai. 15.
• r) 1.57

  Herodot. lib. 2.
• s) 1.58

  Xenoph. 4. Graec.
• t) 1.59

  Nat. com. 6. 14.
• u) 1.60

  Ferrat. de inimic. §. 7. et 17.
• uu) 1.61

  Baltas. Ayal. lib. 1. de iur. bel. c. 2.
• x) 1.62

  Genes. c. 1. Exod. 9.29. Psal. 24.1.
• y) 1.63

  Math. 5. in fin. et c. 6. in princip.
• z) 1.64

  Ierem. 27.6.
• zz) 1.65

  Carol. Si∣gon in vit. An∣dr. Anti.
• zzz) 1.66

  I. Stow in Rich. 2.
• a) 1.67

  Cicer. 1. offic.
• b) 1.68

  C. 3. 23. q. 1.
• c) 1.69

  Dionys. Halicarnas. lib 6.
• d) 1.70

  Procop. 1. lib. de bel. Pers.
• e) 1.71

  Liui. 36.
• ee) 1.72

  Demosth. ad Ep. Phi.
• f) 1.73

  Duar. c. 3. de rit. nup.
• g) 1.74

  Appia. in bel. punic.
• h) 1.75

  Liui. 34.
• i) 1.76

  Hieron. ep. 47.
• k) 1.77

  Tac. 4. annal.
• l) 1.78

  Cic. ep. ad Qu. fr. lib. 2. ep. 14.
• m) 1.79

  Hippocr. 6. epid. 2. et Merc. ad 2. de mor.
• n) 1.80

  Dionys. 3.
• o) 1.81

  Isoc. in pa∣negyr.
• p) 1.82

  Cic. 10. lib. epist. Iam. epist. 6.
• q) 1.83

  Bal. 5. cons. 106.
• r) 1.84

  Rom. cons. 417.
• s) 1.85

  Alcia. 7. cons. 13.
• t) 1.86

  Castal. de imp. q. 109.
• u) 1.87

  Strabo lib. ••.
• uu) 1.88

  Dio lib. 69.
• x) 1.89

  Bodi. lib. 5. de rep. c. vlt.
• a) 1.90

  Bal. cons. 29
• b) 1.91

  Suid. Thu∣cyd. 1. Rhod. 11. an. le. 6.
• c) 1.92

  l. 5. 7. vbi Bal. pro sor.
• d) 1.93

  Alexand. 3. cons. 114.
• e) 1.94

  Deci. li. 59. de. reg. iur. & 3. cons. 117.
• f) 1.95

  Alci. 3. con∣si 2.
• g) 1.96

  l. 14. 15 16. pro soc.
• h) 1.97

  Cagnol. l. 41. Cod. de. trans.
• i) 1.98

  Deci. Cons. 265. cep. 455. 461.
• k) 1.99

  Deut. 20. Ioseph. 5. anti∣quitat. Aug. iudic. q. 49.
• l) 1.100

  Acrod. lib. 5. Kenop. Ages. Diony. 2. Liui. 1.
• m) 1.101

  Cice. 1. de offi. n. c. 1. 23. q. 2.
• n) 1.102

  c. 1. 23. q. 2.
• o) 1.103

  l. 24. de capt.
• p) 1.104

  Ias. Bald. l. 5. de iust. l. 4. c. de obs. p.
• q) 1.105

  Var. lib. 4. de ling. Lati.
• r) 1.106

  Sigon. de anti. iur. pro vin.
• s) 1.107

  Alcia. 14. de si. cor.
• t) 1.108

  Bald. l. 12. de serui. vrb. praed.
• u) 1.109

  Liui. 12. 20.
• x) 1.110

  Flor. lib. 2.
• a) 1.111

  Liui. lib. 5.
• b) 1.112

  Herodot. l. 7
• c) 1.113

  2. Sam. 20.
• d) 1.114

  Ter. in Eunuch.
• e) 1.115

  Dionis. li. 3.
• f) 1.116

  Eurip. in Supp.
• g) 1.117

  Cassiod. 5. Var. 1. 7.
• h) 1.118

  lib. 19. de capt.
• i) 1.119

  Gel. li. 1. c. 25.
• k) 1.120

  Virgil. 11. Aenei.
• l) 1.121

  Liui. 1. 2. 4. 9. 10.
• m) 1.122

  Plut. in Pelop.
• n) 1.123

  Anch. cons. 88.
• o) 1.124

  Corn. 3. cons. 167.
• p) 1.125

  Aug. l. si vn vis. de pact.
• q) 1.126

  Liui. lib. 31.
• r) 1.127

  Guicciar. li. 2
• s) 1.128

  Com. Pij. 2. lib. 5.
• t) 1.129

  Vital. tract. clau.
• u) 1.130

  Scanderb. 8
• c) 1.131

  Corn. Nep. Agesil.
• cc) 1.132

  Procop. l. 2. de bel. Goth.
• d) 1.133

  l. 1. 7. pro dere l. l. 8. de Ie. Rho.
• e) 1.134

  16. Eliz. 138 Dy.
• f) 1.135

  29. E. 3. 29. 12. E. 4. 5.
• h) 1.136

  Decia. 3. consi 96.
• i) 1.137

  Bar. li. 1. C. de nan. Alex. 2. cons. 46. 5. Alci. 4. 14.
• k) 1.138

  Alc. l. cons. 11. 25. Dec. cons. 51.
• l) 1.139

  8. 38. de pae.
• m) 1.140

  Plut. in Mar. & Cat.
• n) 1.141

  Liui. 24. 26 Val. Maxi. 2. c. 7. Front. 4. c. 1. Appi. in bel. Hispan.
• o) 1.142

  Bal. 5. cons. 413.
• p) 1.143

  Aug. l. 8. de inof. test.
• q) 1.144

  Bal. 1. 3. de const. pri.
• r) 1.145

  l. 3. de acqui. po. vbi Ias.
• s) 1.146

  Alc. d. 41. d. l. 3. l. 21. de fur.
• t) 1.147

  l. 5. de capt. Alex. l. 1. de acquir. po. tt. 4. reg. 6.
• u) 1.148

  Senec. in Tro.
• uu) 1.149

  Buchan. lib. 9.
• x) 1.150

  Com. Pi. 2. lib. 6. Polydor. 17.
• a) 1.151

  Ior. lib. 3.
• b) 1.152

  Nat. Com. lib. 8.
• c) 1.153

  Car. Sigo. in vit. et trinu. ph.
• d) 1.154

  Ioseph. lib. 5. de bel. Iud.
• e) 1.155

  l. 5. de ac. re. do.
• f) 1.156

  ad leg. A∣quit. 209. Bald. 2. cons. 358.
• g) 1.157

  Sen. 1. contr. 5.
• l) 1.158

  Plat. lib. 6. de leg.
• m) 1.159

  Arist. 1. polit.
• n) 1.160

  Macrob. 1. saturnal. 11.
• o) 1.161

  Cle. Alex. vlt. paed.
• p) 1.162

  Athenae. lib. 6.
• r) 1.163

  Senec. lib. 3. de benefic.
• s) 1.164

  Oros. lib. 4. c. 20. Liui. 34.
• t) 1.165

  Ioseph. lib. 18. antiqu.
• u) 1.166

  l. 11. qu. test. fa. po.
• uu) 1.167

  Bal. l. 2. c. de pa. qui fidi.
• a) 1.168

  Plut. de cla. mu.
• b) 1.169

  Liui. 2. Di∣ony. 6.
• c) 1.170

  Procop. lib. 1 de bel. Goth.
• d) 1.171

  Bodin. 1. de rep. c. 10.
• e) 1.172

  Polyd. lib. 5. 7. 15.
• c) 1.173

  Ammian. Marc. lib. 17.
• d) 1.174

  Aug. Ios. q. 10. c. 2. 23. q. 2.
• e) 1.175

  Pausan. lib. 4.
• f) 1.176

  Sili. lib. 15.
• g) 1.177

  Cicer. 1. de ora. l. 25. de prob.
• h) 1.178

  Fronti. lib. 4. c. 7.
• i) 1.179

  Thucyd. lib. 2.
• k) 1.180

  Diod. lib. 17. Polyen. 4.
• l) 1.181

  Polyen. 6.
• m) 1.182

  Valer. Max. lib. 7. c. 3.
• mm) 1.183

  Polyb. lib. 6.
• n) 1.184

  Cicer. 1. et 3. de offic.
• o) 1.185

  Clemens stromat.
• p) 1.186

  Amb. 3. de offic.
• q) 1.187

  Hieron. apo. Ru.
• r) 1.188

  Aug. de te. 228. 229.
• s) 1.189

  Dio cassi. lib. 51.
• t) 1.190

  Paus. lib. 8.
• u) 1.191

  Liui. lib. 42.
• uu) 1.192

  Zona. Dio. 68.
• a) 1.193

  Iovi. lib. 11.
• b) 1.194

  Procop. lib. 3. de bel. Goth.
• c) 1.195

  Ioui. lib. 17.
• d) 1.196

  Catachond. lib. 1.
• e) 1.197

  Bald. 2. Consi. 202.
• f) 1.198

  Xenoph. 1. Graec.
• g) 1.199

  Liui. 7. 22. Plut. in Luc. App. in Mithr.
• h) 1.200

  Panor. 2. cons. 62. Bald. lib. 3. de. off. praes.
• i) 1.201

  Curt. lib. 4. & 5.
• k) 1.202

  Liui. lib. 26.
• l) 1.203

  Thucyd. li. 4
• m) 1.204

  Cicer. Verr. 3.
• n) 1.205

  Liui. lib. 4.
• o) 1.206

  Plut. in Marc.
• p) 1.207

  Zonar.
• q) 1.208

  Dani. c. 5.
• r) 1.209

  Liui. lib. 37.
• s) 1.210

  Plut. lib. 4.
• t) 1.211

  Thucyd. li. 1.
• u) 1.212

  Liui. li. 38.
• x) 1.213

  Tacit lib. 5
• a) 1.214

  Ioseph. 4. belli. Iud.
• b) 1.215

  Bon. fin. 1. vng. 2
• c) 1.216

  Sigon. lib. 13. de re. It.
• d) 1.217

  Guicciat. l. 9
• e) 1.218

  Diod. li. 15.
• f) 1.219

  Liuie. l. 1. 2. 3. 6. 7. 24. 31. 32.
• g) 1.220

  l. 21. qui. mo. vs. am.
• h) 1.221

  c. 7. dist 76. 1. Mich. 3.