364 CONQUEST OF NAVARRE. PART But although, for these reasons, the sovereigns of Navarre were warranted in refusing Ferdinand's II Imprudence ^ r i • i i of Navarre, rcquest, thej were not thereiore authorized to de- clare war against him, which they virtually did by entering into a defensive alliance with his enemy Louis the Twelfth, and by pledging themselves to make war on the English and their confederates ; an article pointedly directed at the Catholic king. It authorizes Truc, iudccd, the treaty of Blois had not re- ceived the ratification of the Navarrese sovereigns ; but it was executed by their plenipotentiaries duly authorized ; and, considering the intimate inter- course between the two nations, was undoubtedly made with their full knowledge and concurrence. Under these circumstances, it was scarcely to be expected, that King Ferdinand, when an accident had put him in possession of the result of these negotiations, should wait for a formal declaration of hostilities, and thus deprive himself of the ad- vantage of anticipating the blow of his enemy. ofvlctory'^ The right of making war would seem to include that of disposing of its fruits ; subject, however, to those principles of natural equity, which should regulate every action, whether of a public or pri- vate nature. No principle can be clearer, for ex- ample, than that the penalty should be proportioned to the offence. Now that inflicted on the sove- reigns of Navarre, which went so far as to dispos- sess them of their crown, and annihilate the politi- cerity of which may well be doubt- with France had been adjusted, ed, if, as it would seem, it was not See Zurila, Anales, lib. 10, cap. 7. made till after the negotiations
