CHAP. VII. ¶ Of them that are under protection, and the
 difference betwixt Allies, Strangers, and Subiects. W E have now alreadie told what difference there is
 betwixt Subiects, Citisens, and Straungers: let vs now also speake of Allies,
 and first of them which are in protection; for
 that there is not one of them which have written of a Commonweale, which haue
 rouched this string; which for all that is the most necessary for the
 understanding of the states of Commonweales. The word of protection in generall
 extendeth unto all subiects which are Protection. 
 under the obeysance of one soueraigne prince or seignorie; as we have said▪
 That the prince is bound by force of armes, and of his lawes, to maintaine his
 subiects in suretie of their persons, their goods, and families: for which the
 Subiects by a recipro all obligation owe unto their
 prince, faith, subiection, obeysance, aid, and succour. This is the first and
 the strongest protection that is. For the protection of maisters towards their
 slaues, of patrons towards their enfranchised, of lords towards their vassals,
 is much lesse than that of princes towards
 their Subiects: insomuch that the slaue, the enfranchised, the vassall, oweth
 faith, homage, and succour, unto his lord; but yet that is after his owne
 soueraigne prince, to whome he is a bound Subiect▪ the souldior also oweth
 obeysance and succour unto his captaine▪ and by the law deserueth death, if hee
 defend him not at his need. Yet in all treaties and actions of peace betwixt
 princes & people How in of peace
 prin are said to be on of them in the protection of another. in amitie and friendship ioyned together: the word of
 Protection is special, importing not any subiection of him that is in
 protection, neither commaund of the protecture towards his adherents, but onely
 an honourable and reuerent respect of the adherents towards their protector,
 who hath taken upon him their defence and protection, without any other
 impeachment of the maiestie of the adherents over whome the Protector
 hath no power at all. So that the right of
 protection is well deemed to bee the greatest, fairest, and most honourable of
 all others that are amongst princes. For the To protect
 others is a thing most honourable. soueraigne prince, the maister,
 the lord, the patron, draw unto themselves great profit and obedience, for the
 defence of their subiects, their slaues, their enfranchised, and vassals: but
 the Protector is to content himselfe with the honour and acknowledgement of his
 adherent, seeing that of all duties of courtesie, none is greater, than as
 euerie man standeth in most need of helpe, so to giue him the greatest
 relief ; neither of so great kindnesse to accept
 any other reward than thanks: for if hee couenant for any thing farther, he looseth the name of a Protector. For as he which lendeth
 unto anoman part of his goods or trauell, if
 he receiue any gaine or profit thereby, he is no more to be called a lender, or
 that his doing to be tearmed a lending or pleasuring, but a meere mercinatie
 gaining: so he which hath liberally promised to doe any thing for another man,
 is without any hire by the law bound to accomplish his promise: and the reason
 is, for that unto dutie no hire is due. Neither is there any band of promise
 stronger, or more effectuall, than that which is made to defend the goods, the
 life, the honor of the weake against the stronger, of the poore against the
 rich, of the good distressed against the violence of the wicked. And that is it
 for which Romulus, founder of the citie of Rome, setting
 in order the state of his subiects, to keepe them all at peace and unitie among
 themselves, assigned unto every one of the hundred gentlemen, or Senators
 that he had chosen to be of his priuie
 counsell, a certaine number of his other meaner subiects, to be by them
 maintained under their protection and safegard; holding him accursed and
 execrable, who should leaue the defence of any his adherents. And the Censors
 marked them with the note of infamie, that had forsaken their adherents. The
 law also of the xij tables in that case carrieth with it the paine of
 excommunication, as in these words: If the Patron deceiue his
 Client let him be accursed. Yet Plutarch 
 writeth, The clients to have giuen money to the bestowing of their patrons
 daughters: which I remember not to have bene elswhere written; for in so doing
 they should have cosened their clients: but it may bee that he mistooke
 clients, for men enfranchised; who albeit that they be both called clients or
 adherents, yet is the bond of the enfranchised 
 greater towards their patrons that set them at libertie; than is that of the
 free borne clients, who had no patrons but aduocats, who defended the causes of
 their clients. How beit with vs the patrons exact money of their enfranchised
 clients, the better to bestow their daughters, which is like enough to haue
 come from the Romans unto vs. Now when that forren people saw the Roman clients
 or adherents to be safe from the iniurie and oppression of the more mightie,
 not onely every particular man, but men euen generally, yea whole cities and
 prouinces yeelded themselves into How whole cities sometimes
 put themselves into the protection of some one honourable house of the Roman
 Senators. the protection of the Senators. For so the house of the Marcelles had in their protection the citie of Syracusa,
 the Antonies had likewise the citie of Boulongne la
 Grasse: and so others afterwards tooke upon them the protection and defence of
 others also. Yea the straungers in like case,
 that frequented the citie of Rome, had also their protectors, who by the law of
 application or patronage, tooke unto hem whatsoeuer
 the straunger dying in the citie possessed. And of these same Romans that
 filled Fraunce with the multitude of their Colonies, it is like this law of
 protection, which of the aduocats and not of the clients, they cal the law of
 Auoison, or Auouerie to haue
 taken▪ beginning. But the enfranchised clients differ much from the free borne
 clients, albeit Great difference betwixt the free borne
 clients and the clients enfranchised. that they be both called
 clients, for the likenesse that is betwixt the one and the other) but
 especially in this, that the enfranchised clients may from their libertie be
 againe reduced into slauerie, if they shall be proued to have bene vngratefull
 unto their patrons whereas the free borne clients cannot so be. The
 enfranchised clients are constrained also to
 helpe their patrons with their labours: wheras the free borne clients are bound
 to reuerence their protectors or aduocats, and to do them mutuall kindnesse,
 but not seruile seruice or labour: neither if they have done any thing to
 deceiue their patrons do they therefore loose their libertie: beside that the
 patrons suruiuing may by the law take part of the goods of their enfranchised
 clients: whereas the aduocats, or protectors can take nothing of the goods or
 inheritance of their free borne clients or adherents. And although there be so many things common to the free borne clients, with the
 vassals or adherents, as that they are almost accounted for one, yet is there
 great difference betwixt them. For the vassall is bound
 with all fidelitie to honour and reuerence 

 The difference betwixt the free borne client and the
 vassall. This right is of the Latins called Ius-commissi: & of the French Droit de
 comise. 

 his lord, to helpe him being in daunger, and to do him all the
 kindnesse possible: and if so be that he shall deceiue his lord, disgrace him,
 perfidiously abiure him, or giue him the lye: hee by and by looseth therefore
 his fee, which escheateth unto his lord by the right which the lord hath
 against his vassall in such case: whereas from the vndutiful or vnkind client,
 or adherent, nothing can at all be taken. Moreover if the vassall hath without
 any exception giuen his faith unto his lord, or acknowledge no man greater than
 him; whether he be sworne or not, he is bound unto the subiection & command
 of him the same his lord and prince: whereof he cannot be said to be
 discharged, albeit that he neuer so much renounce his fee: whereas the client
 or adherent standeth not in these tearmes, being in nothing subiect to his
 aduocat or protectour. The vassall also
 whether he be a king or pope, or whatsoeuer els oweth faith and seruice vnto
 the lord of whome he holdeth his fee, except he renounce the fee: whereas the
 free borne client or adherent, whether he be prince or priuat man, is free from
 all seruice and commaund of his more mightie aduocat or protectour. In briefe
 the right of a Vassalage but new: protection most
 auntient. vassall age seemeth in a manner to be but new, and before
 the comming of the Lombards into Italie vnknowne: whereas the law of protection
 is most auntient and before the time of Romulus, who
 borrowed it of the Greeks: for it was long before used in Thessalie, Aegypt,
 Asia, and Sclauonia, as we read in auntient writers: that so the weaker might
 be the safer from the violence or iniurie of the more mightie. The vassall also
 receiueth inheritance and fees of his lord, from whose fealtie and obesance
 which he oweth unto him, he cannot bee
 exempted, albeit that the soueraigne prince should raise the fee of his vassall
 depending of him into a countie, dutchie, or principalitie, as hath beene
 adiudged by the decree of the parliament of Paris. Whereby it is to be
 vnderstood them to erre and be deceiued, who out of Cesars Commentaries interpret them whome he calleth Soldurios et deuotos, to be vassals, seeing that hee hath made no
 mention of their fee, without which they cannot so be, ioyning thereunto also,
 that they were indeed true and naturall subiects: for that their lives, their
 goods, and their persons, were consecrated unto their lord: which is the true
 marke of subiection, which the vassals owe onely unto their soueraigne prince,
 not in the qualitie of vassals, but in the qualitie of naturall subiects, who
 ought to runne the same fortune with their 
 prince, and to live and die for him if need bee, albeit that the vassall bee
 more specially bound, than the other subiects. All which things tend to this purpose, that it may plainely be perceiued, what
 and The difference betwixt patronage, vassallage, and
 protection. how much difference there is betwixt the rights of
 patronage, vassallage, and protection, which we see to bee of many for the
 likenesse among themselves confounded. For the vassall and the adherent owe
 their fidelitie unto their lord and protector; and the one of them are
 reciprocally bound unto the other, albeit that the lord be not bound by
 expresse word to giue his oath of fidelitie to his vassall, as the protector
 ought to his client or adherent, and so solemnly to keepe all the treaties of
 protection. The lord and the vassell also ought to deliver solemne letters of
 their mutuall obliging of themselves the one
 to the other: like as the protectour and the adherent, are bound to giue
 letters of protection the one of them to the other: but especially if one
 soueraigne prince upon a league made, receiue another soueraigne prince into
 his protection, which are to be renewed either of the princes dying. For the
 right of protection belongeth not unto the heires, except the same be in the
 league so comprlsed: and bee it neuer so prouided for, yet neuerthelesse either
 of the princes being dead, it is needful for his successor by lawfull acts to
 professe his protection, & to have the league renewed. But to make more
 manifest the matter of protection betwixt soueraigne princes, whereof we are to entreat: it seemeth that the soueraigne prince
 or people, which hath put it selfe into the
 protection of another, is become his subiect. And if he be a subiect, then is
 he no more a soueraigne, and his subiects shall also be the subiects of the
 protector. And what subiection would a man have greater, than to put himselfe
 into the protection of another man, and to acknowledge him for his superiour?
 For protection What protection be ixt gre princes is. betwixt great
 princes, is nothing else but the confederation and alliance of two princes, or
 soueraigne lords, wherein the one acknowledgeth the other for superiour; whome
 he bindeth himselfe to obserue and reuerence, and into whose protection hee is
 receiued, so to be the safer from the iniurie of some other more mightie: also
 when the subiect of a prince retireth himselfe into the territorie of another
 prince, hee is likewise in his protection; in such sort, as that if he be
 pursued after by the enemie, & taken 
 prisoner in the territorie of another soueraigne prince, hee is not prisonet of
 him that pursueth him, but of him into whose territorie he hath fled: as was
 iudged by the law of armes at the interparle of peace, which was betwixt the
 French king & the emperor Charls the fist, in the
 yere 1555, when question was made of the imperial prisoners that the French had
 taken in the countie of Guynes, which was then in the subiection of the
 English; it was maintained by the Chancellor of England, That they could not be
 detained as prisoners, being taken in the territorie and protection of the
 English: howbeit that the contrarie might be said: for albeit it was not
 permitted to pursue or take prey in another mans territorie, yet it is lawfull
 hauing raised it in his owne territorie, to pursue it into another mans ground:
 which yet suffereth this exception, If the lord of the ground forbid him not so to do: as did the lord Grey, gouernour of Calais and Guines, who comming in the time of the
 pursute, was said to have taken the flying Spaniards into his protection,
 although that they were carried away by the French. Now in this case the word
 Protection, is not taken in proper signification; for there is no protection,
 if there be no conuention: and the strange prince cannot take another princes
 subiect into his protection without the consent of his owne prince, as wee
 shall hereafter declare. But yet before let vs determine the propounded question, Whether a
 soueraigne Whether a soueraigne prince submitting himselfe
 unto the protection of ano ther prince, looseth thereby his own soueraignty,
 and so becommeth the other princes subiect. prince submitting himself
 unto another soueraigne prince, looseth the right of his own soueraigntie; and
 whether he become subiect to the other? For it seemeth that he is no soueraigne, acknowledging a greater than himselfe.
 Neuerthelesse I am of opinion that he continueth still a soueraigne, and not a
 subiect. And this point is decided by a law, whereof there is not the like, and
 hath in diuers readings bene altered: but we follow the originall of the
 Pandects of Florence, which hold, That soueraigne princes who in treatie of
 alliance acknowledge the protectour to bee greater than themselves, are not yet
 for al that their subiects. I doubt not (saith the law) but that allies, and
 other people vsing their libertie are not straungers unto vs, &c. And
 albeit that in the treatie of confederats and allies, by vnequall alliance, it
 be expresly said, That one of them shall respectiuely regard the maiestie of
 the other; that maketh not that hee should bee therefore his subiect, no more
 than our adherents and clients are lesse free than our selues, although they be not equall with vs, neither in
 goods, power, nor honour. And the ordinarie clause inserted into the treaties
 of vnequall alliance in these words, Comiter maiestatem
 conseruare (that is to say, curteously to preserue the maiestie of the
 greater) importeth no other thing, but that betwixt the princes allied, the one
 is greater and more honourable than the other; and that the lesser allies
 should in al modestie respect the greater. So that it euidently appeareth, that
 protection importeth not subiection, Protection importeth not
 subiection. but the superioritie and prerogative of honour. And the
 more cleerely to vnderstand this point, and the nature of treaties and
 alliances, we may say that all treaties amongst princes
 are made either with friends, enemies, or newters. The treaties betwixt
 enemies, are made to have peace and amitie,
 or truce, or to compose warres begun for seignories or for persons, or to
 redresse the iniuries and displeasures of one of them against the other, or for
 traffick and hospitalitie that might bee betwixt enemies during the time of
 truce. As for the others which are not enemies, the treaties which are made
 with them, are either by alliance equall, or vnequall: in this the one
 acknowledgeth Alliance equall▪ or vnequall▪ Vnequall of
 two sorts. the other to be superiour in the treatie of alliance;
 which is in two sorts, that is to wit, when the one acknowledgeth the other to
 be his superiour for honour, and yet is not in his protection: or els the one
 receiueth the other into protection, and both the one and the other is bound to
 pay a certaine pention, or to giue certaine succours; or els owe neither
 pention nor succours. As for allies by alliance equall, which the Latines
 call Aequo foedere, 
 the qualitie is vnderstood, when the one is in nothing superiour Alliance equall. unto the other in the treatie: and that
 the one hath nothing aboue the other for their prerogative of honour, albeit
 that the one must do or giue more or lesse than the other for the aid that the
 one oweth unto the other. And in this sort of treatie, they have alwaies
 entreated of amitie, traffique, and hospitalitie, to harbour the one with the
 other, and to traffique together with all kind of marchandise, or some certaine
 kindes onely, and at the charge of certaine imposts agreed upon by the
 treaties. And both the one and the other alliance is of two sorts, that is to
 wit, defensiue onely, or defensiue Alliance defensiue only,
 or both defensiue and offensiue. and offensiue; and yet may be both
 the one & the other, without exception of person, or with the exception of
 certaine princes: and the most strait alliance is that which is both defensiue and offensiue, towards all, and against
 all; as to be a friend to friends, and an enemie to enemies; and so most
 commonly order is taken, and treaties of mariages one of them had with the
 other. But yet the alliance is more strong, when as one king is allied with
 another king, realme with realme, and one man with another man; as were in
 auntient times the kings of Fraunce and Spaine, and the kings of Scotland and
 Fraunce. And that was it for which the ambassadours of Fraunce aunswered Edward the fourth, being driuen out of the realme of
 England, That the king could not giue him aid, for that the alliances of
 Fraunce and England were made with the kings, and the realmes, in such sort
 that king Edward chased out of his realme, the league
 continued with the realme and the king that therein raigned: the effect of
 which words was this, with
 such a king, his countries, territories, and seignories: which words
 are as it were in all treaties expressed. But these treaties ought also to bee
 published in soueraigne courts or parliaments, and ratified by the estates, by
 the consent of the Atturney generall, as was decreed in the treatie made
 betwixt king Lewes the eleuenth, and Maximilian the arch duke, in the yeare 1482. The third sort of
 alliance is that of neutralitie, which is neither defensiue nor offensiue,
 which may be betwixt the subiects of two Alliance of
 neutralitie. princes being enemies; as those of the Franche-countie
 have alliance of neutralitie with the house of Fraunce, and are assured in time
 of warre: in which alliance was also comprised the countrie of Bassigny, by the
 decree of Bade in the yeare 1555, in confirming with the king the renouation of
 the neutralitie for the Franch-countie. And all these aforesaid alliances are perpetuall, or limited to a certaine time, or
 for the life of princes, and some yeares more, as is alwaies in treaties of
 alliance agreed upon betwixt the kings of Fraunce, and the lords of the
 leagues. And thus much for the generall diuision of all the treaties which are made
 betwixt princes, under the which are comprehended all the particular alliances.
 For as for the diuision of the Roman ambassadors, at the enterparle of peace
 betwixt them and Antiochus the great, it is verie short.
 Liuie saith, Tria sunt Genera
 foederum, vnum cum bello victis dicer entur leges: alterum cum pares bello
 aequo foedere in pacem & amicitiam venirent: 

 

 tertium cum qui hostes nunquam fuerunt in amicitiam foedere
 co unt, qui neque dicunt 

 

 neque accipiun leges. There
 are (saith he) three kinds of leagues or confederations; one, when as lawes and
 conditions are appointed to them that be in battell ouercome: another when men
 in warre equall come together in like league into peace & friendship: the
 third, when as they which neuer were enemies, by league ioyne in amitie, who
 neither giue nor take lawes. All the others, which are neither subiects nor
 allies, are either coallies, or enemies, or newters without alliance or
 hostilitie, who all generally, if they be not subiects (bee they allies,
 coallies, enemies, or newters) are straungers. The coallies are the allies of
 our allies, which are not for all that our allies, no Coallies they be. Coallies alwaies comprised in the
 league of their allies. more than the companion of our associat is
 ou companion; who yet neuerthelesse either in
 generall or speciall tearmes, are alwaies in all leagues comprised. As the
 lords of the three confederats of the Grises,
 the antient allies of the Swissers, were in expresse tearmes comprised in the
 treatie of alliance made in the yere 1531, betwixt king Frances the first of that name, and the Swissers, in qualitie of
 coallies. But in the yeare 1550 they were allies unto the house of France, and
 comprised in the treatie of alliance renewed betwixt king Henrie and the Swissers, in qualitie of allies by alliance equall, in
 like degree and pension with the Swissers, that is to wit 3000 pound, for
 euerie league or confederacie, to take away the partialitie that was betwixt
 the one and the others. For although the Swissers were allied with the league
 of the Grises, by alliance equall by the treatie made betwixt the Grisons and
 the seuen little Cantons, in the yeare 1498: so it was yet neuerthelesse that
 they constrained the lords of the leagues of the Grises to obey the decrees made in their diets, if it should be there
 otherwise determined; which was like to have broken the alliance betwixt the
 Grisons and the Swissers, in the yeare 1565, for no other cause, (as said the
 Grisons) than to make the Swissers to know that they were their equals in
 alliance: but the truth is, that the emperour practised under hand, and gaue
 eleuen thousand crownes unto certaine of the most factious of the Grisons, to
 make head, as they confessed afterwards being put to torture, and were
 condemned in a fine of ten thousand crownes; as I have learned out of the
 Commentaries and letters of the French ambassadours, which then was sent vnto
 the Grisons. Wee have also example of them of Geneua, who were comprised in the
 treaties of alliance made betwixt the house of Fraunce and the Bernois, in
 whose protection they then were; and so were
 since the yeare 1527, unto the yere 1558, that they exempted themselves out of
 protection, and entreated in alliance equall, and have alwaies in alliance bene
 comprised in the qualitie of coallies. But as those alliances which are defensiue and offensiue towards and against
 all persons N alliance vnsure or weake, than the simple alliance of commerce
 and raffick. without exception, are of all
 others the straitest and strongest: so also there is no alliance more vnsure or
 weaker, than the simple alliance of commerce and traffique which may be euen
 betwixt enemies: which although it may seeme to bee grounded upon the law of
 nations, yet we see it oftentimes to bee forbidden by princes in their own
 countries, least their subiects should riotously abuse the store of things
 broght in, or be pinched with the want of things carried our. And for this
 cause princes have in this respect vsed
 particular treaties, & granted certaine special priueleges & liberties:
 as in the treaty of commerce or traffick betwixt the house of France & the
 porttowns of the Easterlings, & the Milanois with the Swissers; wherein
 they are by the treaties of commerce bound to deliver a certain quantitie of
 graine, at a certain price expressed in the said treaties, which the French
 ambassadors would oftentimes have broken, for the doubt that the Swissers made
 to enter upon the Milanois, enemies unto the French, for feare the
 transportation of corne shuld have bene forbidden: which when the gouernor of
 Millan had done, in the yeare 1550, the Swissers were upon the point to haue
 made alliance defensiue with the Millanois, or at
 leastwise to have had them excepted amongst
 the confederats as newters. The force of which league was, that such as were in
 the same league excepted, could not become prisoners to any the confederats;
 when as yet for all that straungers, although they were no enemies, were by the
 law prisoners to them that tooke them: For so Pomponius 
 writeth unto Quintus Mutius: For (saith he) if we haue
 neither friendship nor hospitalitie, nor league of amitie with any nation,
 these truely are not enemies: yet what thing soeuer of ours falleth into their
 hands becommeth theirs; insomuch that a free man borne of ours, by them taken,
 becommeth their slaue; and so likewise it is, if any thing come from them to
 vs: thus much he. But this law we now vse not, for regard of that curtesie
 which ought to bee betwixt man Who indeed are to be accounted
 enemies. and man. But by the name of enemies we vnderstand them vnto
 whome we, or they unto vs, have publickly
 denounced warte; or els without any denuntiation have of fact made warre upon
 vs: as for the rest they are to be deemed of, as of theeves or pirats, with
 whome we ought to have no societie or communitie. In auntient time also there
 was a treatie of alliance to have iustice done them in a straunge citie, as we
 read in the books of the Grecians; but at length by the great consent and
 agreement of all nations, the port of iustice hath by little and little bene
 still opened, as well to strangers as to citisens. But in euerie alliance, league, confederation, or conuention whatsoeuer, it
 behoueth In all alliance the
 soueraigneti i still
 unto all Princes, & people to bee reserued safe and vntouched. 
 that the lawes of maiestie be unto euerie prince or people reserued safe and
 vntouched: for otherwise the one should fall into the power and mercie of the
 other; as the weaker oftentimes are by the
 power & might of the stronger enforced to receiue lawes; which is not so in
 the treaties of alliance equall: wherein euen little cities are in the
 indifferent lawes of leagues equall unto most mightie kings and people, being
 not bound either to obserue the maiestie of their more mightie confederats, or
 to giue them place. As a man may see in that treatie of alliance made betwixt
 the kings of Persia, & the seignori of Thebes:
 For albeit that the Persian empire was bounded almost with the same bounds that
 the course of the sunne was, viz▪ from the riuage of
 Hellesponrus unto the remotest parts of India; and that the citie of Thebes was
 enclosed but in strait wals, and the countrey of Beotia; yet for all that were
 they both in the league of their alliance equall. Now where we said, that in
 alliance of protection, the protector hath a
 prerogative of honour; that is not to be vnderstood onely, that hee ought to be
 the chiefe allie, as was Lewes the eleuenth the French
 king with the Swissers, who did him that honour aboue the duke of Sauoy, who
 was before the chiefe: For alwayes the soueraigne prince be he neuer so little,
 in alliance equall, is maister in his owne house, and holdeth the first place
 aboue all other princes comming into his countrie: but if the protector
 himselfe come, he is the first both in sitting and all other honours. But here might one say, Why should allies in league defensiue & offensiue
 against all without exception, vsing the same customes, the same lawes, the
 same state, the same diets, be reputed straungers one to another? Wee haue
 hereof example of the Swissers, who are allied amongst themselves, with such
 alliance as I have said, since the yeare 1315;
 yet say I neuerthelesse that such alliance letteth not, but that they are still
 straungers one unto the other, and maketh not that they are one citisens to
 the Alliance maketh not but that men may still bee one of
 them strangers unto another, & not of the same Ci ie or Commonweale. other. We have also hereof
 example of the Latines, and the Romans, who were allies in league defensiue and
 offensiue, used the same customes, the same armes, the same language, and had
 the same friends and enemies: Whereupon the Latines maintained, that it was and
 ought to be one and the selfe same Commonweale; and therfore by their
 ambassadours demaunded to have their part in the estate & offices of Rome,
 as had the Romans themselves. S 
 societ s (said they) equatio iuris est, si socialis exercitus 

 

 illis est quo duplicent vires suas; cur non omnia aequantur?
 cur non alter ab Latinis 

 

 Consuldatur? Vbi pars virium, ibi & imperij pars
 est. And immediatly after, Vnum populum, vnam
 rempublicam fieri aequum est. Tum Consul Romanus. Audi Iupiter haec scelera:
 peregrinos Consules, & peregrinum Senatum in tuo templo, &c. If
 societie (said they) be an equalitie of right, if they have their allies armie,
 whereby they double their strength: why then are not all things made equall?
 why is not one of the Consuls chosen of the Latines? where part of the strength
 is, there should also part of the government be. And immediatly after, It is
 but right that there should bee but one people and one Commonweale. Then said
 the Roman Consull, Heare ô Iupiter these villanies,
 straunge Consuls, and a straunge Senat in thy temple, &c. So hee calleth
 them straungers which were allied unto the Romans with the strongest alliance
 that was possible to deuise, insomuch that
 they seemed to be all of one and the selfe same citie. Yea Festus teacheth vs the Municipes (or enfranchised men) not to haue
 bene citisens: whose words we have thought good here to set downe: Municip um id genus hominum dicitur,
 qui cum Romam venissent, neque ciues Romani essent, participes tamen fuerunt
 omnium rerum ad munus fungendum vnà cum Romanis ciuibus, praeterquam de
 suffragio ferendo aut magistratu capiendo: sicut fuerunt Fundani, Formiani,
 Cumani, Acerrani, Lanuuini, Tusculani, qui post aliquot annos ciues Romani
 effecti sunt. Al o modo id genus hominum dicitur,
 quorum ciuitas vniuersain ciuitatem Romanam venit, vt Aricini, Cerites,
 Anagnini. Tertio definiuntur ij qui ad ciuitatem Romanam it a venerunt, vt
 Municipia essent suae cuiusque ciuitatis coloniae, vt Tiburtes, Praenestini,
 Pisani, Arpinates, 

 

 Nolani, Bononienses, Placentini, Sutrini, Lucenses. That
 kind of men (saith hee) is called Municipials, who comming to Rome and being no
 citisens, were yet partakers of all things together with the Roman citisens,
 except in giuing of voyces, and bearing of offices; as were the Fundani, the Formiani, the Cumani, the Acerrani, the Lanuuini, and the Tusculani, who
 after certaine yeares were made citisens of Rome. And otherwise that sort of
 men is so called also, whose whole citie came into the citie of Rome; as the
 Aricini, the Cerites, and the
 Anagnini. And thirdly they who so came unto the citie
 of Rome, as that the Colonies of euerie citie were accounted Municipials; as
 were the Tiburts, the Praenestini, the Pisani, the Arpinates, the Nolani, the Bononienses, the Placentini, Sutrini, and Lucenses. 

 

 Now many I see to be in the same errour, as that the Swissers for like reason
 are all That the Can of the
 Swissers are not one, but diuers Commonweales. but one Commonweale:
 and yet it is most certaine that they be thirteene Commonweals, holding nothing
 one of another, but euerie one of them hauing the soueraignty thereof divided
 from the rest. In former time their countrey was but one member of the German
 empire, gouerned by the emperours deputie. The first that rebelled were the
 inhabitants of Schwits, Vri, and Vnderuald, who treated of alliance both
 defensiue and offensiue, in the month of December, in the yeare 1315: whereof
 the first article The beginning of the Swissers revols from
 the Empire, and the first establishing of their Commonweales. was,
 That none of them should more admit the commaund of any prince, or endure any
 soueraigne prince over him. And afterwards in the yeare 1332 alliance was made
 of foure Cantons, which were called the foure townes of the wood, viz. Vri, Schwits, and
 Lucerne. And in the yeare 1351, Zurith entred into alliance with these foure.
 And in the yeare 1352 Zug was also receiued with these fiue; and the yeare
 following Berne. And afterwards in the yeare 1393, was made the treatie of
 Sempach (after that the nobilitie of the Swissers was by the commonaltie
 discomfited and ouerthrowne) wherein they of Zurich, Lucerne, Berne, Soleure,
 Zug, Vri, Schwits, Vnderuald, and Glaris, entred into alliance defensiue and
 offensiue; which they renewed in the yeare 1481. Basill was also receiued in
 the yeare 1501: Schaffuse also and Apenzel in the yeare 1513, Mulhouse in the
 yeare 1520, Rotwill in the yeare 1519. The Valesians also in the yeare 1528, with whom beside the auntient treatie, a particular
 treatie was made betwixt them and the Bernoies
 for league defensiue. Bienne also entred into league offensiue and defensiue
 with the Bernoies, in the yere 1352, after that they had exempted themselves
 out of the power of the bishop of Basill their soueraigne prince. All which
 treaties of alliance, the abbat of Orbez, ambassadour for the French king vnto
 the Swissers, hath let me see. Whereby a man may not onely note the pluralitie
 of Commonweals, but the diuersitie of alliances also. For they of Berne may
 summon the three little Cantons of Vri, Schwits, and Vnderuald, unto their
 succour, by vertue of their first league: and they of Zurich and Berne, may
 reciprocally summon the one the other: they of Lucerne may of eight Cantons
 summon fiue: And the three little Cantons of Schwits, Vri, and Vnderuald, may
 summon all the rest of the Cantons unto their
 aid, if they chaunce to be inuaded, and that for diuers causes. The assemblies
 of al the Swissers, except the Rhaetians, them of Geneua, and the Valesians,
 are holden euerie yeare: and whatsoeuer is decreed by the greater part of the
 ambassadours of the cities, bindeth them all in particular, and the lesser part
 of the whole in common. The last that entred into the league under the
 protection of the Bernois, were they of Geneua. Geneua the
 las that entred into league with the Swissers,
 under the protection of the Bernois. All these allies, confederats,
 and coallies, made two and twentie Commonweales, with the abbat of St. Gal a
 soueraigne prince; all seperated in soueraigntie, and euerie one of them hauing
 their magistrats apart, their state apart, their bursse, their demaine and
 territorie apart. In briefe, their armies, their crie, their name, their money,
 their seale, their assemblies, their iurisdiction, their ordinances in euerie
 estate divided. And if one of the Cantons of
 themselves get any thing, the rest have no part therein: as the Bernoies haue
 well giuen to vnderstand: For since they entred into the league, they haue
 ioined unto their own domesticall government little lesse than fortie towns,
 upon whome they leuie men and money, and giue unto them lawes: over which the
 other Cantons have no power at all: as was iudged by Frauncis the first, the French king, by them chosen arbitrator in this
 matter. They of Basil also, when in the yeare 1560 they had lent fiftie
 thousand crownes unto the French king, they tooke the Canton of Soleure to
 themselves in caution▪ but hauing by the common aid of al the Cantons taken in
 the bailiwike of Lugan, with certaine other lands beyond the mountaines; euerie
 Canton by turne one after another, sent thither their magistrats and
 gouernours, for the administration of
 iustice▪ that so unto every Canton of the Swissers might be reserued their
 right and due. The towne also of Bade, where they commonly hold their yearely
 assemblies or diets, is common unto eight Cantons, which after the victorie of
 Sempech ioyned in league together. It is also (as I suppose) wel known unto all
 men, how that they are not all of one and the same religion, but to bee therein
 divided, and had therfore oftentimes taken up arms one of them against another,
 if the French king had not wisely prouided therfore; as well for the sincere
 loue and affection hee bare unto them, as for the notable interest hee had to
 maintaine them in peace: for that of their health and welfare the securitie of
 Fraunce seemeth almost wholy to depend. 

 But unto manie it may seeme, that they altogether make but one estate,
 considering that, that which is decreed in their diets in common, bindeth
 euerie one of the Cantons, The Cantons of the Swissers
 divided among themselves for religion. and the lesser part of them
 all: as the seuen Cantons Catholike gaue well to vnderstand unto the foure
 Cantons Protestants, at the diet holden in September, in the yeare 1554,
 insomuch that the common countrie situat beyond the mountaines, divided in
 religion, and gouerned by the magistrats that euerie Canton sendeth thither by
 turne; it chaunced that the seuen Cantons Catholike caused them of the common
 countrey to bind themselves not to chaunge the religion Catholike: and so
 following the same obligation would afterwards haue
 proceeded against them of the religion there,
 against whome the cantons protestants opposed themselves, and were now readie
 to have entred into armes, had not the ambassadour of Fraunce stept in betwixt
 them, and wisely pacified the matter: yet for all that with this prouiso, That
 the common subiects of the religion should be punished (for chaunging their
 religion, contrary unto the league) if the greater part of the cantons should
 be of that opinion, and that the cantons catholike should neuerthelesse
 redeliver the letters obligatorie of the common subiects. By which meane their
 differences were againe well appeased. Wherunto the cantons of Glaris and
 Apenzel serued in good stead; who indifferently receiued both the one and the
 other religion, and made as it were an equall counterpoise betwixt the one of
 them and the other. So that it appeareth that the greater part of the
 cantons bindeth the lesse, and euerie one
 of them in particular. Yea and that more is, none of the cantons may haue
 alliance with any prince whatsoeuer without the whole None of
 the cantons may make alliance with any prince, wishout the whole consent of
 the rest of the cantons consent of the rest. As the cantons
 protestants hauing made alliance with Philip the
 Landgraue of Hessen, and the seignorie of Strasburg, in the yeare 1532, were by
 the rest of their allies enforced againe to depart from the same. As in like
 case the cantons catholike were compelled to renounce their new alliance made
 with the house of Austria. And albeit that the five cantons catholike Lucerne,
 Vri, Schwits, Vnderuald, and Zug, had made alliance with Pope Pius the fourth, for the defence of their religion; yet could they not
 with any rewards (were they neuer so great) be enduced to renew the same with
 his successours. But when treatie was had, for alliance to bee made betwixt
 

 Frauncis the first, the French king, and the Swissers,
 nothing more letted the same, than the opposition of the cantons protestants;
 who before instructed in the new religion, and persuaded by the earnest sermons
 of Zuinglius their preacher, who affirmed it to be
 vnlawfull for them to serue straunge princes in their warres, preuailed so
 much, that his followers and countrie men would no other wise make alliance
 with the king, but by the way of peace and friendship onely. But the leagues
 renewed with Henry the second, they of Basil and
 Schaffuse, with the catholike cities, ioyned themselves unto the French, not in
 league of friendship onely, but in giuing of their aid also: when as for al
 that, they of Zutic and Berne, in the yeare 1554, forbad their subiects upon
 paine of death to serue the French king in his warres. And the same yere the
 gouernors of the canton of Vnderuald,
 requested by the cardinall of Trent, That by their leaue hee might leuie
 certaine men in their countrey; forbad their subiects in generall, uppon paine
 of death, and confiscation of their goods, to go to serue any other prince than
 the French king: which are all vndoubted arguments to shew, that among the
 Swissers there are as many Commonweals as there are cities or cantons. In like
 case the three confederat cities of the Grisons, which consist of fiftie
 companies or fellowships, have their governments diuers one from another; and
 yet as oft as they have their assemblies, the greatest citie of the Grisons
 vseth to send thereunto eight and twentie deputies, the second twentie foure,
 and the last fourteene: with power, that whatsoeuer the greatest part of these
 their deputies shall agree upon, in matters concerning their common societie, shall bind every one of them in particular:
 and sometimes also in matters of greater importance all the people assemble
 themselves. Wherefore they are deceiued, which of those three cities would make
 one Commonweale. For common assemblies and meetings, common demaines, common
 enemies and friends, make not the same Commonweale; no not although they haue
 the same bourse, or certaine common treasure: but the soueraigntie of power
 that euerie one hath to commaund or restraine their subiects: as in like case,
 if many heads of families should become partners of all their goods, yet should
 they not therefore make one and the selfe same familie. 
 The same opinion we may have of the alliance contracted betwixt the Romans
 and the rest of the townes of Italie,
 combined in league both offensiue and defensiue, against all men without
 exception: who yet neuerthelesse were diuers Commonweales, divided both in
 their assemblies and soueraigntie. The like we may say of the league of the
 seuen townes of the Amphictioniques, who had their meetings and soueraigntie
 divided: to whose example most of the townes and seignories of Greece
 afterwards entred into the same league and confederation, for the deciding of
 their controuersies: and euerie yeare every seignorie sent their ambassadours
 and deputies unto the common estates, where the greatest affaires, proceedings,
 and differences, betwixt the princes and seignories, were determined by their
 deputies, whom they called Myrios: by whom the
 Lacedemonians were condemned to the seignorie of Thebes, in the summe of thirtie thousand crownes: and for not
 obaying the decree, were condemned in double thereof: for that contrarie to the
 treatie of peace, they had surprised the castle of Cadmee. The Phocences also
 afterwards when they had robbed the holy treasure at Delphos, were by the
 decree of the Amphictioniques, enioyned to restore the money by them so euill
 taken out of the temple: for default of which doing, all their country was
 adiudged unto the treasurie of the temple: so that if there were any person
 which shewed himselfe disobedient unto the decrees of the Amphictioniques, he
 therefore incurred the indignation of all Greece. Here might one say, That all Greece was but one Commonweale, considering the
 power of the Amphictioniques: and yet neuerthelesse there were almost as many
 diuers Commonweales, as cities, holding
 nothing one of them of another, neither of the states of the Amphictioniques;
 but that they had so promised one to another, as princes have accustomed to
 promise among themselves, and to chuse their allies for their arbitrators:
 which neither the Lacedemonians, nor the Phocenses had done, neither could
 against their wils be of right thereunto enforced. Yea the Phocenses to giue
 the Amphictioniques to vnderstand that they had no power over them, pluckt
 downe and tore in peeces the decrees of the Amphictioniques, fastened unto the
 pillers of the temple of Delphos. Yet true it is, that Philip king of Macedon (beeing himselfe none of the league) tooke
 hereupon occasion to denounce the sacred warre unto the Phocenses, and to
 ruinat their state: and in recompence therof obtained the place and priueleges
 of the Phocenses: the Lacedemonians being
 also excluded out of the league of the Amphictioniques, for hauing giuen vnto
 them succours. The like league almost we also find to have bene amongst the
 auntient Gaules, as is to bee seene in the Commentaries The
 alliance of the auntient Commonweals of Gaule. of Caesar, where he saith, That Vercingentorix 
 chosen their generall, caused all the states of Gaule to be assembled. And
 albeit that the lords of Autun, of Chartres, of Gergoye in Auuergne, and of
 Beauuois, held nothing one of them of another; and that the seignorie of
 Bourges was in the protection of Autun; and those of Viarron in the protection
 of Bruges, and so consequently the other townes in like sort: yet so it was,
 that all the princes and seignories passed their differences by the decrees and
 iudgements of the Druydes; unto whose censure if they refused to obey, they
 were by them excommunicated, and so of euerie
 man shunned, as men of all others most detestable. And yet is it most manifest
 that these Commonweales which I have spoken of, had their soueraignties divided
 one of them from another, the territories of their cities certainely bounded
 out, and every one of them their owne proper state and maiestie. But it may also happen, that to become but one estate, one Commonweale, &
 one seignorie, when the partners of one league doe agree in the same
 soueraigntie: a thing not easie to be iudged; if a man looke not neere into it.
 As the league of the Achaeans was not at the first but
 of three cities, divided in estate, assemblies, and soueraigntie; allies
 

 The league of e Achaeans. 
 by alliance equal, both defensiue & offensiue: who hauing the same enemies
 & the same friends, yet at the beginning kept every one of them vnto
 themselves the maiesty of their owne citie. But being troubled with continuall
 warres, and enforced to hold their often assemblies, they by little and little
 became so straitly vnited together, that in fine they became but one
 Commonwealth composed of many: and in tract of time drew unto their estate all
 the townes and cities of Achaia and Morea, they all retaining still the first
 name of the Achaeans. As it happened unto them of the league, whome Whereof the Swissers tooke their name. they call
 Swissers; for that the canton of Schwits, the least of all the rest, was the
 first that reuolted, after that they had slaine their gouernor. And as the
 Achaians were called the correctors of tirants; so also the Swissers (to their
 great praise) carried this title of honour.
 The townes also of the kingdome of Naples, after the massacre of the
 Pithagorians, being much troubled, and not knowing unto whome to have recourse,
 cast themselves into the protection of the Achaians. But the author and meane
 of all these cities, to make one and the same Commonweale, was Aratus, who procured it to be decreed by the estates,
 That euerie yere one chiefe generall should bee chosen to commaund in their
 warres, and to gouerne their estates: and hee was prince of the Achaians, that
 is to say, the first that called together their assemblies. And whereas before
 euerie citie sent their ambassadours and deputies with instructions unto the
 assemblie of the Achaians (as the Swissers vse to doe) there to giue their
 voyces deliberatiue: Aratus brought to passe, that the
 assemblie of the ambassadours and deputies so
 sent, should make choyce of ten principall men, whome they called Demiurges,
 who alone had voices deliberatiue, and power to resolue, to determine, and
 decide matters of state: therest of the ambassadours and deputies hauing onely
 voyces consultatiue. These two points gained, there by little and little grew
 up an Aristocraticall Commonweale, in stead of diuers particular Monarchies,
 Aristocraties, and popular Seignories: many tyrants partly for loue, partly for
 feare, being drawne thereunto. Now all the spoyle of the enemies, and conquests
 made by the generals, were not any one cities, but belonged to them all. So
 that at length such was the vnion and consent of the confederats, that all the
 townes of Achaia and Morea being made subiect, vnited, and incorporat unto the
 state of the Achaians, used the same lawes, the same right, the same customes, the same religion, the same tongue, the
 same language, the same discipline, the same manners, the same money, the same
 weights and measures, as saith Polybius. The kings of
 Macedon entred also into this league; yea the two Philips,
 Antigonus, and Demetrius, were chosen chiefe
 captaines of the Achaians, holding neuerthelesse their realme seperated apart
 from the seignorie of the Achaians. And the Romans knowing well that they could
 not possibly conquer Greece, the league of the Achaeans standing whole, gaue
 commaundement unto Gallus their Proconsull, by all
 meanes possible to doe what he might to breake the same; which hee not in vaine
 attempted. For diuers cities complaining unto the states, that under colour of
 a league and alliance equall, they had taken from them the managing of their
 estate and soueraigntie; and assuring
 themselves of the aid of the Romans, reuolted from the communitie of the
 Achaians: to meet wherewith, and to stay the other cities from doing the like,
 Aratus obtained commission from the states to enforme
 against these rebels: after which the cities before reuolted, put themselves
 into the protection of the Romans; yet with prouiso, that their estate and
 soueraigntie should remaine unto them still. But when the power of the Romans
 seemed unto the rest of the Achaeans inuincible, they for the safegard of their
 libertie, entred into amitie with the Romans also; yet with condition, That the
 Lacedemonians, whome the Romans had in a manner drawne
 from the state of the Achaeans, should from thenceforth be under the protection
 and power of the Achaeans, except in case
 concerning the life or goods of a Lacedemonian citisen, wherewith the Achaeans
 might not meddle. Which was by the Romans most subtilly done: that so there
 might still be matter of perpetuall discord and civill warre betwixt the
 Lacedemonians and the Achaeans. For if the Lacedemonians had bene altogether in
 power of the Achaeans, they had with their wealth greatly augmented the
 strength of the associats: and on the other side if the Romans should have left
 them altogether free, it was to be feared least they should together with their
 wonted valour, have recouered their auntient Commonweale also. The like deceit
 they used also against the Aetolians, which was another estate and league
 divided from the The league of the Aetolians. 
 Achaeans, composed of three cities, who had also their estate, assemblies,
 & soueraigntie divided; but in fine,
 following the example of the Achaeans, they of three Commonweals allied with
 alliance equall, both defensiue and offensiue, established one Aristocratical
 Commonweale, mannaged by the states of the three confederats, & by one
 common Senat, wherein was president one chiefe captaine every yeare chosen.
 The The league of the Lycians. like we may say of
 the three and twentie cities of Lycia, which established one Aristocraticall
 Commonweale, like unto that of the Achaeans; sauing that the deputies of the
 greater cities had in their generall assemblies three deliberatiue voices, the
 meaner citisens two, and the rest but one; as saith Strabo: and moreover out of the estates they chose a captaine
 generall, whome they called the Lyciarque, and so the other magistats and
 judges of all the cities also. Other alliances also and leagues there were of
 the thirteene 

 The league of the 13. Cities of
 Ionia. The 12. Cities of Tuscanie: and the 
 47. Cities of the Latines. 

 cities of Ionia, of the twelue cities of Tuscanie, and of the fortie
 seuen cities of the Latines, strongly made by alliance equall, both defensiue
 and offensiue, holding their assemblies of their states euerie yeare, and
 chusing also sometimes (but not euer) a chiefe captaine or generall, especially
 in time of warre: and yet neuerthelesse the soueraigntie of euerie citie
 continued in the estate of it selfe, as doth the Swissers. For albeit that the
 citie of Rome was entred into league with the Latines, and that Seruius Tullius, and Tarquin the
 proud king of Rome, had bene chosen chiefe captaines of the league of the
 Latines; yet so it is neuerthelesse, that euerie citie kept still the
 assemblies and soueraigntie thereof: and yet the kings of Rome lost nothing
 thereby of their maiestie. Now it seemeth at the first show, that such leagues
 of cities were like unto those of the
 Achaeans: but the like thereof there is not one, except those of the Aetolians:
 and at this present the estate of the empire of the Germans, which we will in
 due place show to bee no monarchie, but a pure Aristocratie, composed of the
 princes of the empire, of the seuen electors, and the imperiall cities. Yet
 this is a thing common to all confederat cities, that in time of warre they
 have used to make one generall captaine, every yeare to be chosen, or els once
 for all. For as the seignorie of the Achaeans chose for their captaines the
 kings of Macedon, Antigonus, and Philip the second; and the league of the Aetolians made choice of Attalus king of Asia, as saith Lib. 27. 

 Liuie; and likewise the Latines, of the kings of Rome,
 and other their neighbour princes▪ so also the electors have oftentimes chosen
 straunge princes, as Henrie of Lutzemburg, Alphonsus 

 the tenth, and Charles 
 the fift, kings of Castile; who although they were soueraignes in their owne
 realmes, were yet neuerthelesse subiects to the empires, as captaines A General chosen by many Cities or States in League together,
 maketh not them that have so chosen him euer a what the more one
 Commonweale. in chiefe. For as a captaine in chief, being not
 soueraigne to them that have chosen him, maketh not them of the league to be
 one Commonweale: so also he chaungeth in nothing the estate and vnion of the
 Commonweale whereunto hee is called. So Philip Valois 
 the French king, was chosen generall of the ecclesiasticall forces, as we see
 in that league which was made betwixt Philip Valois, 
 & Henry count Palatine, who was afterwards of the
 Germans chosen emperour. And not long since Adolphus 
 vncle to the king of Denmarke, was chosen chiefe
 captaine of the league of the Hauns cities. The
 Venetians also as oft as they are to make warre, have used to make choyce of
 any straunge generall, rather than of a citisen of their owne. But the German
 emperours take upon them a stile of much higher qualitie than of Captains in
 chief, or Generall; auoching themselves not onely to bee cheife captaines and
 magistrats, but euen monarchs also: which whether it be so or no, we will in
 due place declare. They pretend also to have power to commaund not onely the
 princes of the empire, but euen them also who hold of them nothing. For it is
 not long since that the emperour Ferdinand sent his
 ambassadours unto the Swissers, to the end they should not receiue Grombach, nor the conspiratours his adherents, banished
 out of the empire: which thing, when the emperour seemed by his letters rather
 to commaund than to request; the Swissers (a
 free people) were therewith not a little moued. And before that also, Morlet Musa ambassadour for the French king unto the
 Swissers, certified the king, How that the gouernour of Milan (as hauing such
 charge from the emperour) had forbidden the cardinall of Syon to enter into
 league with the French king, for that hee was a prince of the empire: of which
 his commaund the cardinall made no great account, but without regard of his
 prohibition made alliance with the French king; from whome he receiued twelue
 hundred pounds pention yearly. True it is, that in all the leagues of the
 Swissers with forren princes, the empire is alwayes excepted, if there be not
 thereof expresse The Swissers in all their leagues with
 forren Princes till exceps the Empire 
 mention made. And for that cause Guiche the kings
 ambassadour to the Swissers had thereof expresse charge (as I have seene by the
 instructions that were giuen him) to make
 mention of the emperour in the treatie of alliance, of the yere 1521. For the
 Germans grounded themselves upon a maxime, in vertie whereof the emperour Sigismund caused the Swissers to take up armes against
 Frederick of Austria, to the preiudice of the
 alliance made with the house of Austria: presupposing that the empire was
 superiour unto the Swissers, and that in all treaties of alliance, the right of
 the superiour is still to be excepted, although there be thereof no expresse
 mention made. Which is certaine, for as much as concerneth the lawes of
 maiestie; but the Swissers confesse not that the emperor hath any superioritie
 over them, and much lesse the emperour, subiect to the states of the empire. It
 is also true, that by the treatie made betwixt the eight auntient cantons,
 there is an expresse clause, whereby the cantons of Zurich, Berne, Schwits, and Vnderualden (as hauing sometime bene
 part of the German empire) declared, That for their part they entended to
 comprehend in that treatie the maiestie of the sacred empire, the right whereof
 they purposed not to preiudice by that treatie of alliance. And within a few
 yeares aftet, the cantons of Zurich, Berne, Lucerne, Vri, and Glaris, in the
 name of all the cantons of the Swissers, sent their ambassadours to obtaine the
 confirmation of their auntient priueledges, of Ferdinand, then holding a diet of the states of the empire, at
 Ausburg. And by the treaties of alliance made betwixt the sacred empire and the
 cities of the cantons, it is expresly articulated, That they should not giue
 any aid unto any straunge prince, to make warre upon the territorie of the
 empire; as I have learned by a copie of the letters of the emperour 

 Charles the fift, written to the lords of the cantons;
 whereby hee complaineth, That their subiects ioyned with the forces of the
 French king, had entred upon the territories of the empire, contrarie to the
 expresse tenour of the alliance that they had with the empire. And not long
 after, he by other letters demandeth of the lords of the cantons to punish
 their subiects, who had inuaded the territories belonging to the house of Austria, contrarie to the hereditarie alliance made
 betwixt the princes of the house of Austria and the
 Swissers, in the yeare of Grace 1467, and renewed in the yere 1501, in which
 league, the See of Rome, the Pope, and the empire, are excepted: and a yerely
 pention set downe, of two hundred florins to be
 yeately paid unto every canton. Which alliance
 was againe renewed by the xiij cantons, at the diet of Bade holden the xx day
 of Iuly 1554. As for the league betwixt the said lords of the cantons, and the
 French king, it was onely a league defensiue, for the preseruation of the
 states of the allies, and not for the inuading of forreners: which are the true
 reasons for which the Swissers are withholden to inuade the territories of the
 empire, and of the house of Austria; and not for the
 right of any preheminence, or superioritie that the empire hath over them.
 Which is also yet more expresly verified by the treatie of alliance, renewed
 betwixt the French king and the lords of the cantons, in Iune 1549, out of
 which are excluded all such as are not subiect to the Swissers, nor vse not the
 German tongue. And that is it for which Charles the
 fift, the emperour, laboured by all meanes to make agreement with the Swissers, that the dukedome of Millan,
 with the kingdoms of Naples and Sicilie, might be comprised in the hereditarie
 treaties of alliance, made with them for the house Austria: which the Swissers latly refused to
 grant in the yere 1555. The same we may iudge of the cities of the Grisons,
 rent from the German empire, who sufficiently declared themselves to bee in
 nothing bound unto the edicts of the empire, or of the emperor; in that they
 would not accept euen of a German prince by the emperor appointed to be their
 bishop: but the 3 cities of the Grisons, being at variance among themselves,
 about the choice of their bishop▪ the Swissers by the authority of the league,
 taking upon them to be arbitrators of all controuersies arising betwixt the
 confederat cities, without any regard had to the prouision of the pope, or
 confirmation of the emperour appointed him to
 be bishop which was chosen by the Chapiter, subiect to the Grisons; and
 decreed, that from that time forward hee should be bishop whome the league of
 the Cadde should make choyce of. Now seeing that our reasoning is of leagues, and of lawes of armes, question
 might Not lawfull for subiects to entreat of any
 particular league or alliance among themselves, or with forren princes,
 without the leaue or consent of their own soueraignes. be made,
 Whether it be lawfull for subiects to entreat of any particular league or
 alliance among themselves, or with other forren princes, without the leaue or
 consent of their owne soueraignes? Such alliances, and especially with
 strangers princes have used to embarre, for the euill consequences that might
 ensue thereon: and namely the king Catholike by expresse edicts hath forbidden
 all his subiects so to do. And at such time as Lewes of
 Fraunce, duke of Orleance (he which was slaine at Paris) was charge with
 many matters, nothing was more grieuously
 obiected against him beeing slaine, than that he had secretly entred into
 league with Henrie duke of Lancaster. Yet for all that
 the princes of the empire thinke it lawfull for them so to doe: and for their
 owne safetie to enter into league of alliance, both among themselves, and with
 other forren princes, so that it be done without the preiudice of the German
 empire. For whatsoeuer leagues are by them otherwise made, are void and of none
 effect. But when the empire is excepted, the emperour himselfe is not therefore
 excepted, as hath oftentimes but neuer more plainely bene vnderstood, than in
 the league which many of the German princes made with Henrie the second, the French king, at Chambort, for the defence of
 the German empire, against the emperour Charles the
 fift, in the yeare 1552. In which league they
 acknowledged king Henry for their superiour, promising
 curteously to reuerence his maiestie; and so by their common consent made him
 generall of their warres, calling him The Protectour of Princes, and of the
 libertie of the empire. And in the yeare 1559 the like alliance both defensiue
 and offensiue was made betwixt the king of Sweden, the marques Assemberg, the
 duke of Brunsuich, the duke of Cleue, the prince of Orange, the countie
 Aiguemont, and diuers other imperiall townes on the one part, and the king of
 Denmarke, the duke of Saxonie, the Landgraue of Hesse, the duke of Holste, the
 duke of Bauyere, the towne of Nuremberg, the bishops of
 Wirciburg, and Bamberg the towne of Lubec, and diuers other, with Sigismund 

 

 Augustus king of Polonia, on the other part. Yea the
 emperour Charles the fift himselfe made particular
 alliance with the duke of Bauaria, and other the catholike princes, to chuse
 his brother Ferdinand king of Romans. And a little after
 also the league of Franconia was made betwixt the house of Austria, the duke of Bauaria, the three bishops of Franconia, the
 archbishop of Salisburg, and the cities of Nuremberg and Ausberg. And Ferdinand also king of the Romans, for the catholike
 religion sake made a particular league with the bishop of Salisburg against the
 protestants, in the yeare 1556. Wee have seene also the league which was called
 The league of Sueuia, to have made alliance offensiue and defensiue for 40
 yeares, without excepting any thing sa e the empire.
 And the like league also betwixt the Sea townes, which they cal the Vandales, that is to wit, Lubech, Hambourg,
 Vimare, Rostoc, Bresme, Suid, imperiall townes, chusing for their chiefe
 captaine Adolph vncle to the king of Denmarke, who was
 not any way subiect to the empire. Yet in all these leagues was euer excepted
 the maiestie of the German empire. Yea that more is, the nobilitie of Denmarke
 entred into a league defensiue with Sigismund Augustus 
 king of Polonia, & the towne A foule and rebellious
 league of subiects against their prince. of Luec, against the king of
 Denmarke himselfe: greater treason than which none could have bene deuised, if
 the king of Denmarke had the highest power over his people, and were an
 absolute soueraigne: of which matter, and of all the law of armes wee will in
 due place reason: but first it behoueth vs to speake of maiestie, or
 Soueraigntie.