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OF A HOLY WAR.

handling the second point, when we shall define of the defacements. To go on: The Prophet Hosea, in the person of God, saith of the Jews; "They have reigned, but not by me; they have set a seigniory over themselves, but I knew nothing of it." Which place proveth plainly, that there are governments which God doth not avow. For though they be ordained by his secret providence, yet, they are not acknowledged by his revealed will. Neither can this be meant of evil governors or tyrants: for they are often avowed and established, as lawful potentates; but of some perverseness and defection in the very nation itself; which appeareth most manifestly in that the prophet speaketh of the seigniory "in abstracto," and not of the person of the Lord. And although some heretics of those we speak of have abused this text, yet the sun is not soiled in passage. And, again, if any man infer upon the words of the prophet following, which declare this rejection, and, to use the words of the text, rescission of their estate to have been for their idolatry, that by this reason the governments of all idolatrous nations should be also dissolved, which is manifestly untrue, in my judgment it followeth not. For the idolatry of the Jews then, and the idolatry of the heathen then and now, are sins of a far differing nature, in regard of the special covenant, and the clear manifestations wherein God did contract and exhibit himself to that nation. This nullity of policy, and right of estate in some nations, is yet more significantly expressed by Moses in his canticle; in the person of God to the Jews: "Ye have incensed me with gods that are no gods, and I will incense you with a people that are no people :" Such as were, no doubt, the people of Canaan, after seisin was given of the land of promise to the Israelites. For from that time their right to the land was dissolved, though they remained in many places unconquered. By this we may see, that there are nations in name, that are no nations in right, but multitudes only, and swarms of people. For like as there are particular persons outlawed and proscribed by civil laws of several countries; so are there nations that are outlawed and proscribed by the law of nature and nations, or by the immediate commandment of God. And as there are kings "de facto," and not "de jure," in respect of the nullity of their title; so are there nations that are occupants "de facto," and not "de jure," of their territories, in respect of the nullity of their policy or governBut let us take in some examples into the midst of our proofs; for they will prove as much as put after, and illustrate more. doubted, but a war upon pirates may be lawfully It was never made by any nation, though not infested or violated by them. Is it because they have not "certas sedes," or "lares?" In the piratical war which was achieved by Pompey the Great, and was his truest and greatest glory, the pirates had some

ment.

cities, sundry ports, and a great part of the province of Cilicia; and the pirates now being, have a receptacle and mansion in Algiers. Beasts are not the less savage because they have dens. Is it because the danger hovers as a cloud, that a man cannot tell where it will fall; and so it is every man's case? The reason is good, but it is not all, nor that which is most alleged. For the true received reason is, that pirates are "communes humani generis hostes;" whom all nations are to prosecute, not so much in the right of their own fears, as upon the band of human society. For as there are formal and written leagues, respective to certain enemies; so is there a natural and tacit confederation amongst all men, against the common enemy of human society. So as there needs no intimation, or denunciation of the war; there needs no request from the nation grieved: but all these formalities the law of nature supplies in the case of pirates. The same is the case of rovers by land; such as yet are some cantons in Arabia, and some petty kings of the mountains, adjacent to straits and ways. Neither is it lawful only for the neighbour princes to destroy such pirates or rovers; but if there were any nation never so far off, that would make it an enterprise of merit and true glory, as the Romans that made a war for the liberty of Græcia from a distant and remote part, no doubt they might do it. I make the same judgment of that kingdom of the assassins now destroyed, which was situated upon the borders of Saraca; and was for a time a great terror to all the princes of the Levant. Their custom was, that upon the commandment of their king, and a blind obedience to be given thereunto, any of them was to undertake, in the nature of a votary, the insidious murder of any prince, or person, upon whom the commandment went. This custom, without all question, made their whole government void, as an engine built against human society, worthy by all men to be fired and pulled down. I say the like of the Anabaptists of Munster; and this, although they had not been rebels to the empire; and put case likewise that they had done no mischief at all actually, yet if there shall be a congregation and consent of people, that shall hold all things to be lawful, not according to any certain laws or rules, but according to the secret and variable motions and instincts of the spirit; this is indeed no nation, no people, no seignory, that God doth know; any nation that is civil and policed, may, if they will not be reduced, cut them off from the face of the earth. Now let me put a feigned case, and yet antiquity makes it land of Amazons, where the whole government, doubtful whether it were fiction or history, of a public and private, yea, the militia itself, was in the hands of women. I demand, is not such a preposterous government, against the first order of nature, for women to rule over men, in itself void, and to be suppressed? I speak not of the

reign of women, for that is supplied by counsel, and subordinate magistrates masculine, but where the regiment of state justice, families, is all managed by women. And yet this last case differeth from the other before, because in the rest there is terror of danger, but in this there is only error of nature. Neither should I make any great difficulty to affirm the same of the sultanry of the Mamelukes; where slaves, and none but slaves, bought for money, and of unknown descent, reigned over families of freemen. And much like were the case if you suppose a nation, where the custom were, that after full age the sons should expulse their fathers and mothers out of their possessions, and put them to their pensions: for these cases, of women to govern men, sons the fathers, slaves freemen, are much in the same degree; all being total violations and perversions of the laws of nature and nations. For the West Indies, I perceive, Martius, you have read Garcilazzo de❘ Viega, who himself was descended of the race of the Incas, a Mestizo, and is willing to make the best of the virtues and manners of his country and yet in troth he doth it soberly and credibly enough. Yet you shall hardly edify me, that those nations might not by the law of nature have been subdued by any nation that had only policy and moral virtue; though the propagation of the faith, whereof we shall speak in the proper place, were set by, and not made part of the case. Surely their nakedness, being with them, in most parts of that country, without all veil or covering, was a great defacement; for in the acknowledgment of nakedness was the first sense of sin; and the heresy of the Adamites was ever accounted an affront of nature. But upon these I stand not: nor yet upon their idiocy, in thinking that horses did eat their bits, and letters speak, and the like; nor yet upon their sorceries, which are, almost, common to all idolatrous nations. But, I say, their sacrificing, and more especially their eating of men, is such an abomination, as, methinks, a man's face should be a little confused, to deny that this custom, joined with the rest, did not make it lawful for the Spaniards to invade their territory, forfeited by the law of nature; and either to reduce them or displant them. But far be it from me, yet, nevertheless, to justify the cruelties which were at first used towards them: which had their reward soon after, there being not one of the principal of the first conquerors, but died a violent death himself; and was well followed by the deaths of many more. Of examples enough: except we should add the labours of Hercules; an example, which though it be flourished with much fabulous matter, yet so much it hath, that it doth notably set forth the consent of all nations and ages, in the approbation of the extirpating and debellating of giants, monsters, and foreign tyrants,

not only as lawful, but as meritorious even of divine honours; and this although the deliverer came from the one end of the world unto the other. Let us now set down some arguments to prove the same; regarding rather weight than number, as in such a conference as this is fit. The first argument shall be this. It is a great error, and a narrowness or straitness of mind, if any man think that nations have nothing to do one with another, except there be either a union in sovereignty, or a conjunction in pacts or leagues. There are other bands of society, and implicit confederations. That of colonies, or transmigrants, towards their mother nation. “Gentes unius labii” is somewhat; for as the confusion of tongues was a mark of separation, so the being of one language is a mark of union. To have the same fundamental laws and customs in chief, is yet more, as it was between the Grecians in respect of the barbarians. To be of one sect or worship; if it be a false worship, I speak not of it, for that is but "fratres in malo." But above all these, there is the supreme and indissoluble consanguinity and society bctween men in general; of which the heathen poet, whom the apostle calls to witness, saith," we are all his generation." But much more we Christians, unto whom it is revealed in particularity, that all men came from one lump of earth; and that two singular persons were the parents from whom all the generations of the world are descended: we, I say, ought to acknowledge, that no nations are wholly aliens and strangers the one to the other; and not to be less charitable than the person introduced by the comic poet, "Homo sum, humani nihil a me alienum puto." Now if there be such a tacit league or confederation, sure it is not idle; it is against somewhat or somebody. who should they be? Is it against wild beasts; or the elements of fire and water? No, it is against such routs and shoals of people, as have utterly degenerated from the laws of nature; as have in their very body and frame of estate a monstrosity; and may be truly accounted, according to the examples we have formerly recited, common enemies and grievances of mankind; or disgraces and reproaches to human nature. Such people, all nations are interested, and ought to be resenting, to suppress; considering that the particular states themselves, being the delinquents, can give no redress. And this, I say, is not to be measured so much by the principles of jurists, as by "lex charitatis: lex proximi," which includes the Samaritan as well as the Levite; "lex filiorum Adæ de massa una :" upon which original laws this opinion is grounded; which to deny, if a man may speak freely, were almost to be a schismatic in nature.

[The rest was not perfected.]

THE

LORD BACON'S QUESTIONS

ABOUT THE

LAWFULNESS OF A WAR FOR THE PROPAGATING OF RELIGION.

Questions wherein I desire opinion joined with

arguments and authorities. WHETHER a war be lawful against infidels, only for the propagation of the Christian faith, without other cause of hostility?

Whether a war be lawful to recover to the church countries which formerly have been Christian, though now alienate, and Christians utterly extirpated?

Whether a war be lawful for the restoring and purging of the Holy Land, the sepulchre, and other principal places of adoration and devotion?

Whether, in the cases aforesaid, it be not obligatory to Christian princes to make such a war, and not permissive only?

Whether the making of a war against the infidels be not first in order of dignity, and to be Whether a war be lawful, to free and deliver preferred before extirpations of heresies, reconcileChristians that yet remain in servitude and sub-ments of schisms, reformation of manners, purjection to infidels?

Whether a war be lawful in revenge, or vindication, of blasphemy, and reproaches against the Deity and our Saviour? Or for the ancient effusion of Christian blood, and cruelties upon Christians ?

suits of just temporal quarrels, and the like actions for the public good; except there be either a more urgent necessity, or a more evident facility in those inferior actions, or except they may both go on together in some degree?

444

MISCELLANEOUS.

MR. BACON'S DISCOURSE

IN THE

PRAISE OF HIS SOVEREIGN.

No praise of magnanimity, nor of love, nor of | wars, left her to make her own peace; one that knowledge, can intercept her praise, that planteth | could never be by any solicitation moved to renew and nourisheth magnanimity by her example, love the treaties; and one that since hath proceeded by her person, and knowledge by the peace and from doubtful terms of amity to the highest acts serenity of her times. And if these rich pieces be of hostility. Yet, notwithstanding the opposition so fair unset, what are they set, and set in all per- so great, the support so weak, the season so imfection? Magnanimity no doubt consisteth in proper; yet, I say, because it was a religion contempt of peril, in contempt of profit, and in wherein she was nourished and brought up; a meriting of the times wherein one liveth. For religion that freed her subjects from pretence of contempt of peril, see a lady that cometh to a foreign powers, and indeed the true religion; she crown after the experience of some adverse fortune brought to pass this great work with success which for the most part extenuateth the mind, worthy so noble a resolution. See a queen that, and maketh it apprehensive of fears. No sooner when a deep and secret conspiracy was plotted she taketh the sceptre into her sacred hands, but against her sacred person, practised by subtile inshe putteth on a resolution to make the greatest, struments, embraced by violent and desperate the most important, the most dangerous that can humours, strengthened and bound by vows and be in a state, the alteration of religion. This she sacraments, and the same was revealed unto her, doth, not after a sovereignty established and con- (and yet the nature of the affairs required further tinued by sundry years, when custom might have ripening before the apprehension of any of the bred in her people a more absolute obedience; parties,) was content to put herself into the guard when trial of her servants might have made her of the divine providence, and her own prudence, more assured whom to employ: when the reputa- to have some of the conspirators in her eyes, to tion of her policy and virtue might have made her suffer them to approach to her person, to take a government redoubted: but at the very entrance petition of the hand that was conjured for her of her reign, when she was green in authority, death; and that with such majesty of countenance, her servants scant known unto her, the adverse such mildness and serenity of gesture, such art and part not weakened, her own part not confirmed. impression of words, as had been sufficient to Neither doth she reduce or reunite her realm to have repressed and bound the hand of a conspirator, the religion of the states about her, that the evil if he had not been discovered. Lastly, see a queen, inclination of the subject might be countervailed that when her realm was to have been invaded by by the good correspondence in foreign parts: but, an army, the preparation whereof was like the contrariwise, she introduceth a religion extermi-travel of an elephant, the provisions were infinite, nated and persecuted both at home and abroad. Her the setting forth whereof was the terror and wonproceeding herein is not by degrees and by stealth, der of Europe; it was not seen that her cheer, her but absolute and at once. Was she encouraged fashion, her ordinary manner was any thing alterthereto by the strength she found in leagues and ed: not a cloud of that storm did appear in that alliances with great and potent confederates? countenance wherein peace doth ever shine; but No, but she found her realm in wars with her with excellent assurance, and advised security, nearest and mightiest neighbours. She stood she inspired her council, animated her nobility, single and alone, and in league only with one, redoubled the courage of her people, still having that after the people of her nation had made his this noble apprehension, not only that she would 2 P 445

communicate her fortune with them, but that it was she that would protect them, and not they her which she testified by no less demonstration than her presence in camp. Therefore, that magnanimity that neither feareth greatness of alteration, nor the views of conspirators, nor the power of enemy, is more than heroical.

For contempt of profit, consider her offers, consider her purchases. She hath reigned in a most populous and wealthy peace, her people greatly multiplied, wealthily appointed, and singularly devoted. She wanted not the example of the power of her arms in the memorable voyages and invasions prosperously made and achieved by sundry her noble progenitors. She had not wanted pretences, as well as of claim and right, as of quarrel and revenge. She hath reigned during the minority of some of her neighbour princes, and during the factions and divisions of their people upon deep and irreconcilable quarrels, and during the embracing greatness of some one that hath made himself so weak through too much burden, as others are through decay of strength; and yet see her sitting, as it were, within the compass of her sands. Scotland, that doth, as it were, eclipse her island; the United Provinces of the Low Countries, which, for wealth, commodity of traffic, affection to our nation, were most meet to be annexed to this crown; she left the possession of the one, and refused the sovereignty of the other: so that notwithstanding the greatness of her means, the justness of her pretences, and the rareness of her opportunity, she hath continued her first mind, she hath made the possessions which she received the limits of her dominions, and the world the limits of her name, by a peace that hath stained all victories.

For her merits, who doth not acknowledge, that she hath been as a star of most fortunate influence upon the age wherein she hath shined? Shall we speak of merit of clemency? or merit of beneficence? Where shall a man take the most proper and natural trial of her royal clemency? Will it best appear in the injuries that were done unto her before she attained the crown? or after she is seated in her throne? or that the commonwealth is incorporated in her person? Then clemency is drawn in question, as a dangerous encounter of justice and policy. And, therefore, who did ever note, that she did relent, after that she was established in her kingdom, of the wrongs done unto her former estate? Who doth not remember how she did revenge the rigour and rudeness of her jailor by a word, and that no bitter but salt, and such as showed rather the excellency of her wit than any impression of her wrong? Yea, and further, is it not so manifest, that since her reign, notwithstanding the principle that princes should not neglect, "That the commonwealth's wrong is included in them

selves;" yet, when it is question of drawing the sword, there is ever a conflict between the justice of her place, joined with the necessity of her state and her royal clemency, which as a sovereign and precious balm continually distilleth from her fair hands, and falleth into the wounds of many that have incurred the offence of her law.

Now, for her beneficence, what kind of persons have breathed during her most happy reign, but have had the benefit of her virtues conveyed unto them? Take a view, and consider whether they have not extended to subjects, to neighbours, to remote strangers, yea, to her greatest enemies. For her subjects, where shall we begin in such a maze of benefits as presenteth itself to remembrance? Shall we speak of the purging away of the dross of religion, the heavenly treasure; or that of money, the earthly treasure? The greater was touched before, and the latter deserveth not to be forgotten. For who believeth not, that knoweth any thing in matter of estate, of the great absurdities and frauds that arise of divorcing the legal estimation of moneys from the general, and, as I may term it, natural estimation of metals, and again of the uncertainty and wavering values of coins, a very laybrinth of cousenages and abuse, yet such as great princes have made their profit of towards their own people. Pass on from the mint to the revenue and receipts: there shall you find no raising of rents, notwithstanding the alteration of prices and the usage of the times; but the over value, besides a reasonable fine left for the relief of tenants and the reward of servants; no raising of customs, notwithstanding her continual charges of setting to the sea; no extremity taken of forfeiture and penal laws, means used by some kings for the gathering of great treasures. A few forfeitures, indeed, not taken to her own purse, but set over to some others for the trial only, whether gain could bring those laws to be well executed, which the ministers of justice did neglect. But after it was found, that only compassions were used, and the law never the nearer the execution, the course was straight suppressed and discontinued. Yea, there have been made laws more than one in her time for the restraint of the vexation of informers and promoters: nay, a course taken by her own direction for the repealing of all heavy and snared laws, if it had not been crossed by those to whom the benefit should have redounded. There shall you find, no new taxes, impositions, nor devices; but the benevolence of the subject freely offered by assent of parliament, according to the ancient rates, and with great moderation in assessment; and not so only, but some new forms of contribution offered likewise by the subject in parliament; and the demonstration of their devotion only accepted, but the thing never put in ure. There shall you find loans, but honourably answered and paid, as it were the contract of a private man. To conclude, there shall

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