POL.

No! what say you, to the Extirpation, of the Moores, of Valentia? At which sudden Question, Martius was a little at a stop, and Gamaliel preuented him, and said.

GAMALIEL.

I thinke Martius did well in omitting that Action, for I, for my part, neuer approued it; And it seemes, God was not well pleased with that Deed· For you see the King, in whose time it passed, (whom you Catholikes count a Saint-like, and Immaculate Prince,) was taken away, in the Flower of his Age: And the Author, and great Counsellour of that Rigour, (whose Fortunes seemed to be built vpon the rocke,) is ruined: And it is thought by some, that the Reckonings of that Businesse, are not yet clear’d with Spaine; For that Numbers, of those supposed Moores, being tried now by their Exile, continue constant in the Faith, and true Christians in all points, saue in the Thirst of Reuenge.

ZEBED.

Make not hasty Iudgement, (Gamaliel,) of that great action; Which was as Christs Fanne, in those Countries; Except you could shew, some such Couenant, from the Crown of Spain, as Iosuah made with the Gibeonites; That that Cursed Seed should continue in the Land. And you see, it was done by Edict, not tumultuously; The Sword was not put into the Peoples Hand.

EVPOL.

I thinke, Martius did omit it, not as making any Iudgement of it, either way; But because it sorted not aptly, with Actions of Warre, being vpon Subiects, and without resistance. But let vs, if you thinke good, giue Martius leaue, to proceed in his Discourse; For me thought he spake, like a Diuine in Armour.

MARTIVS.

It is true, (Eupolis,) that the Principall Obiect, which I haue before mine Eyes, in that whereof I speake, is Piety, and Religion. But neuerthelesse, if I should speake only as a Naturall Man, I should perswade the same thing. For there is no such Enterprise, at this day, for secular Greatnesse, and terrene Honour, as a Warre vpon Infidels. Neither doe I, in this, propound a Nouelty, or Imagination, but that, which is proued by late Examples, of the same kinde, though perhaps of lesse difficulty. The Castilians, the age before that wherein we liue, opened the New World; And subdued, and planted Mexico, Peru, Chile, and other Parts of the West Indies. We see what Flouds of Treasure, haue flowed into Europe, by that Action; So that the Cense, or Rates of Christendome, are raised since ten times, yea twenty times told. Of this Treasure, it is true, the Gold was Accumulate, and Store Treasure, for the most part; But the Siluer is still growing. Besides, infinite is the Accesse, of Territory, and Empire, by the same Enterprise. For there was, neuer an Hand drawen, that did double the Rest, of the Habitable World, before this; For so a Man may truly terme it, if he shall put to account, as well that that is, as that which may be hereafter, by the further Occupation, and Colonizing, of those Countries. And yet it cannot be affirmed, (if one speake ingenuously,) that it was the Propagation, of the Christian Faith, that was the Adamant of that Discouery, Entry, and Plantation; But Gold, and Siluer, and Temporall Profit, and Glory: So that, what was first in Gods Prouidence, was but second in Mans Appetite, and Intention. The like may be said, of the famous Nauigations, and Conquests, of Emanuel, King of Portugall, whose Armes beganne to circle Africke, and Asia; and to acquire, not onely the Trade of Spices, and Stones, and Muske, and Drugges, but Footing, and places, in those extreme Parts of the East. For neither in this, was Religion the Principall, but Amplification, and Enlargement, of Riches, and Dominion. And the Effect, of these two Enterprises, is now such, that both the East, and the West Indies, being met in the Crowne of Spaine, it is come to passe, that as one saith in a braue kinde of Expression; The Sunne neuer sets in the Spanish Dominions, but euer shines, vpon one part, or other of them: Which, to say truly, is a beame of Glory, though I cannot say, it is so Solide a Body of Glory, wherein the Crowne of Spaine, surpasseth all the former Monarchies. So as to conclude, we may see, that in these Actions vpon Gentiles, or Infidels, onely or chiefly, both the Spirituall, and Temporall, Honour, and Good, haue beene, in one pursuit, and purchase, conioyned.

POL.

Me thinks, with your fauour, you should remember, (Martius,) that Wilde, and Sauage People, are like Beasts, and Birds, which are Ferae Naturae, the Property of which passeth with the Possession, and goeth to the Occupant; But of Ciuill People, it is not so.

MAR.

I know no such difference, amongst Reasonable soules; But that whatsoeuer is in order, to the greatest, and most generall Good of people, may iustifie the Action, be the people more, or lesse, Ciuill. But, (Eupolis,) I shall not easily grant, that the People of Peru, or Mexico, were such brute Sauages, as you intend; Or that there should be, any such Difference betweene them, and many of the Infidels, which are now in other parts. In Peru, though they were vnapparrelled People, according to the Clime; And had some Customes very Barbarous; Yet the Gouernment of the Incae’s, had many Parts of Humanity, and Ciuility. They had reduced the Nations, from the Adoration of a Multitude of Idols, and Fancies, to the Adoration of the Sunne. And, as I remember, the Booke of Wisdome noteth Degrees of Idolatry; Making that of Worshipping Petty, and Vile Idols, more grosse, than simply the Worshipping of the Creature. And some of the Prophets, as I take it, doe the like, in the Metaphore, of more vgly, and Bestiall Fornication. The Peruuians also, (vnder the Incaes,) had magnificent Temples of their Superstition; They had Strict and Regular Iustice; They bare great Faith, and Obedience to their Kings; They proceeded in a kinde of Marshall Iustice with their Enemies, offering them their Law, as better for their owne Good, before they drew their Sword. And much like, was the State of Mexico, being an Electiue Monarchie. As for those People of the East, (Goa, Calecute, Malaca,) they were a Fine, and Dainty People; Frugall, and yet Elegant, though not Militar. So that if Things be rightly weighed, the Empire of the Turks, may be truly affirmed, to be more Barbarous, than any of these. A cruel Tyranny, bathed in the Bloud of their Emperours, vpon euery Succession: A Heap of Vassals, and Slaues: No Nobles, No Gentlemen: No Free-men, No Inheritance of Land, No Stirp or Ancient Families: A People that is without Naturall Affection, and, as the Scripture saith, that Regardeth not the desires of Women: And without Piety, or Care towards their Children: A Nation without Morality, without Letters, Arts· or Sciences; That can scarce measure an Acre of Land, or an Houre of the Day: Base and Sluttish in Buildings, Diets, and the like: And in a word, A very Reproach of Humane Societie: And yet this Nation, hath made the Garden of the World, a Wildernesse; For that, as it is truly said, concerning the Turks; Where Ottomans Horse sets his foot, people will come vp very thin.

POLLIO.

Yet in the midst of your Inuectiue, (Martius,) doe the Turks this right, as to remember, that they are no Idolaters: For if, as you say, there be a Difference, betweene Worshipping a Base Idoll, and the Sunne; There is a much greater Difference, betweene worshipping a Creature, and the Creator. For the Turks doe acknowledge God the Father, Creator of Heauen, and Earth, being the first Person in the Trinity, though they deny the rest. At which Speech, when Martius made some pause, Zebedaeus replied with a Countenance of great Reprehension, and Seueritie.

ZEBED.

Wee must take heed, (Pollio,) that wee fall not at vnawares, into the Heresie of Manuel Comnenus, Emperour of Grecia; Who affirmed, that Mahomets God, was the true God; Which Opinion was not only reiected, and condemned by the Synode, but imputed to the Emperour, as extreme Madnesse; Being reproached to him also, by the Bishop of Thessalonica, in those bitter, and strange Words, as are not to be named.

MARTIVS.

I confesse, that it is my Opinion, that a Warre vpon the Turke, is more worthy, than vpon any other Gentiles, Infidels, or Sauages, that either haue beene, or now are, both in point of Religion, and in point of Honour; Though Facilitie, and Hope of Successe, mought (perhaps) inuite some other Choyce. But before I proceed, both my Selfe would be glad to take some Breath; And I shall frankly desire, that some of your Lordships would take your turne to speake, that can doe it better. But chiefly, for that I see here some, that are excellent Interpreters of the Diuine Law, though in seuerall wayes; And that I haue reason to distrust mine own Iudgement, both as weake in it selfe, and as that, which may be ouerborne, by my Zeale, and Affection to this Cause. I thinke it were an Errour to speake further, till I may see some sound Foundation laid, of the Lawfulnesse of the Action, by them that are better versed in that Argument.

EVPOLIS.

I am glad, (Martius,) to see in a Person of your Profession, so great Moderation, in that you are not transported in an Action, that warmes the Bloud, and is appearing Holy, to blaunch, or take for admitted, the Point of Lawfulnesse. And because mee thinkes this Conference prospers, if your Lordships will giue me leaue, I will make some motion, touching the Distribution of it into Parts. Vnto which, when they all assented, Eupolis said.

EVPOLIS.

I thinke, it would not sort amisse, it Zebedaeus would be pleased, to handle the Question; Whether a Warre, for the Propagation of the Christian Faith, without other cause of Hostilitie, be lawfull, or no, and in what cases? I confesse also, I would be glad to goe a little further; And to heare it spoken to, concerning the Lawfulnesse, not only permissiuely, but whether it be not Obligatory, to Christian Princes, and States, to designe it: Which Part, if it please Gamaliel to vndertake, the point of the Lawfulnesse, taken simply, will be Compleat. Yet there resteth the Comparatiue: That is, it being granted, that it is either Lawfull, or Binding, yet whether other Things be not to be preferr’d before it; As Extirpation of Heresies; Reconcilements of Sohismes; Pursuit of Lawfull Temporall Rights, and Quarrels, And the Like: And how farre this Enterprise, ought either to wait vpon these other Matters; Or to be mingled with them; Or to passe by them, and giue Law to them, as inferiour vnto it selfe? And because this is a great Part, and Eusebius hath yet said nothing, wee will, by way of Mulct, or Paine, if your Lordships thinke good, lay it vpon him. All this while, I doubt much, that Pollio, who hath a sharpe Wit of Discouery, towards what is Solide and Reall, and what is Specious and Aiery, will esteeme all this but Impossibilities, and Eagles in the Clouds: And therefore wee shall all intreat him, to crush this Argument, with his best Forces; That by the Light, we shall take from him, wee may either cast it away, if it be found but a Bladder; Or discharge it, of so much as is vaine, and not sperable. And because, I confesse, I my selfe am not of that Opinion, although it be an hard Encounter to deale with Pollio, yet I shall doe my best, to proue the Enterprise Possible; And to shew, how all Impediments, may be either remoued, or ouercomen. And then it will be fit for Martius, (if wee doe not desert it before,) to resume his further Discourse, as well for the Perswasiue, as for the Consult, touching the Meanes, Preparations, and all that may conduce vnto the Enterprise. But this is but my Wish, your Lordships will put it into better order. They all not only allowed the Distribution, but accepted the Parts: But because the Day was spent, they agreed, to deferre it, till the next Morning. Only Pollio said.

POLLIO.

You take mee right, (Eupolis;) For I am of opinion, that except you could bray Christendome in a Mortar, and mould it into a New Paste, there is no Possibilitie of an Holy Warre. And I was euer of opinion, that the Philosophers Stone, and an Holy Warre, were but the Rendez-vous of Crackt Braines, that wore their Feather in their Head, in stead of their Hat. Neuerthelesse, beleeue mee of Courtesie, that if you Fiue shall be of another minde, especially after you haue heard, what I can say, I shall be ready to certifie with Hippocrates, that Athens is mad, and Democritus is only sober. And lest you should take mee for altogether Aduerse, I will frankly contribute to the Businesse, now at first. Yee, no doubt, will amongst you deuise and discourse many solemne Matters: But doe as I shall tell you. This Pope is Decrepit, and the Bell goeth for him. Take order, that when he is Dead, there be chosen a Pope of fresh yeeres, betweene fifty and threescore; And see that he take the Name of Vrban, because a Pope of that Name did first institute the Cruzada; And, (as with an holy Trumpet,) did stirre vp the Voyage, for the Holy Land.

EVPOLIS.

You say well; But be, I pray you, a little more serious, in this Conference.

The next day, the same Persons met, as they had appointed; And after they were set, and that there had passed some sporting speechees from Pollio, how the Warre was alreadie begun; For that, (he said) he had dream’t of nothing but Ianizaries, and Tartars, and Sultans all the night long, Martius said.

MARTIVS.

The Distribution of this Conference, which was made by Eupolis yesternight, and was by vs approued, seemeth to me perfect, saue in one Point; and that is, not in the Number, but in the Placing of the Parts. For it is so disposed, that Pollio and Eupolis, shall debate the Possibility, or Impossibility of the Action, before I shall deduce, the Particulars of the Meanes, and Manner, by which it is to be atchieued. Now I haue often obserued in Deliberations, that the Entring neare hand, into the Manner of Performance, and Execution of that, which is vnder Deliberation, hath quite ouerturn’d the Opinion formerly conceiu’d, of the Possibilitie, or Impossibility. So that Things, that at the First shew, seemed Possible, by Ripping vp the Performance of them, haue beene conuicted of Impossibility; and Things, that, on the other side, haue shewed Impossible, by the Declaration of the Meanes, to effect them, as by a Backe Light, haue appeared Possible, the way thorow them being discerned. This I speake, not to alter the Order, but onely to desire Pollio, and Eupolis, not to speake peremptorily, or conclusiuely, touching the Point of Possibility, till they haue heard me deduce the Meanes, of the Execution: And that done, to reserue themselues it liberty, for a Reply, after they had before them, as it were, a Modell of the Enterprise. This graue, and solid Aduertisement, and Caution of Martius, was much commended by them all; Whereupon Eupolis said.

EVPOLIS.

Since Martius hath begunne to refine that, which was yester-night resolued; I may the better haue leaue, (especially in the mending of a Proposition, which was mine owne,) to remember an Omission, which is more than a Misplacing. For I doubt, we ought to haue added, or inserted into the point of Lawfulnesse, the Question; How farre an Holy Warre is to be pursued, whether to Displanting, and Exterminion of People? And againe, whether to enforce a new Beleefe, and to vindicate, or punish Infidelity; Or onely to subiect, the Countries and People; And so, by the Temporall Sword, to open a Doore, for the Spirituall Sword to enter, by Perswasion, Instruction, and such Meanes, as are proper for Soules, and Consciences? But it may be, neither is this necessary, to be made a Part by it selfe; For that Zebedaeus, in his wisdome, will fall into it, as an incident, to the Point of Lawfulnesse, which cannot bee handled, without Limitations, and Distinctions.

ZEBEDAEVS.

You encourage me, (Eupolis,) in that I perceiue, how in your Iudgement, (which I doe so much esteeme,) I ought to take that Course, which of my selfe, I was purposed to doe. For as Martius noted well, that it is but a loose Thing, to speake of Possibilities, without the Particular Designes; So is it, to speake of Lawfulnesse, without the Particular Cases. I will therefore, first of all, distinguish the Cases; Though you shall giue mee leaue in the handling of them, not to seuer them, with too much Precisenesse; For both it would cause needlesse Length; And we are not now in Arts, or Methods, but in a Conference. It is therefore, first to be put to Question in generall, (as Eupolis propounded it,) whether it bee lawfull for Christian Princes, or States, to make an Inuasiue Warre, onely and simply, for the Propagation of the Faith, without other Cause of Hostility, or Circumstance, that may prouoke, and induce the Warre? Secondly, whether, it being made part of the Case, that the Countries were once Christian, and Members of the Church, and where the Golden Candlesticks did stand, though now they be vtterly alienated, and no Christians left; it be not lawfull to make a Warre, to restore them to the Church, as an ancient Patrimony of Christ? Thirdly, if it be made a further part of the Case, that there are yet remaining in the Countries, Multitudes of Christians; whether it be not lawfull to make a Warre, to free them, and deliuer them, from the seruitude of the Infidels? Fourthly, whether it bee not Lawfull to make a Warre, for the Purging, and Recouery of Consecrate Places, being now polluted, and Prophaned; As the Holy City, and Sepulcher, and such other places, of principall Adoration, and Deuotion? Fifthly, whether it be not Lawfull, to make a Warre, for the Reuenge, or Vindication of Blasphemies, and Reproaches, against the Deity, and our Blessed Sauiour; Or for the Effusion of Christian Bloud, and Cruelties against Christians, though ancient, and long since past; Considering that Gods Visits, are without limitation of Time; And many times, doe but expect the Fulnesse of the Sinne? Sixtly, it is to be considered, (as Eupolis now last wel remembred,) whether a Holy Warre, (which, as in the Worthinesse of the Quarrell, so in the Iustnesse of the Prosecution, ought to exceed all Temporall Warres,) may be pursued, either to the Expulsion of People, or the Enforcement of Consciences, or the like Extremities; Or how to be moderated, and limited; Lest whilest we remember we are Christians, we forget that others are Men? But there is a Point, that precedeth all these Points recited; Nay, and in a manner dischargeth them, in the Particular of a Warre against the Turke: which Point, I thinke, would not haue come into my thought, but that Martius giuing vs yesterday, a Representation of the Empire of the Turks, with no small vigour of words, (which you (Pollio) called an Inuectiue, but was indeed a true Charge,) did put me in minde of it: And the more I thinke vpon it, the more I settle in Opinion; That a Warre, to suppresse that Empire, though we set aside the Cause of Religion, were a iust Warre. After Zebedaeus had said this, he made a Pause, to see whether any of the rest would say any thing: But when he perceiued nothing, but Silence, and Signes of Attention, to that he would further say, hee proceeded thus.

ZEBEDAEVS.

Your Lordships will not looke for a Treatise from me, but a Speech of Consultation; And in that Breuity, and Manner, will I speake. First, I shall agree, that as the Cause of a Warre, ought to be Iust; So the Iustice of that Cause ought to be Euident; Not Obscure, not Scrupulous. For by the Consent, of all Lawes, in Capitall Causes, the Euidence must be full and cleare: And if so, where one Mans life is in Question, what say we to a Warre, which is euer the Sentence of Death vpon many? We must beware therefore, how we make a Moloch, or an Heathen Idoll, of our Blessed Sauiour, in sacrificing the Bloud of Men to him, by an vniust Warre. The Iustice of euery Action, consisteth in the Merits of the Cause, the Warrant of the Iurisdiction, and the Forme of the Prosecution As for the Inward Intention, I leaue it, to the Court of Heauen. Of these Things seuerally, as they may haue Relation, to the present Subiect of a Warre against Infidels; And namely, against the most Potent, and most Dangerous Enemy of the Faith, the Turke. I hold, and I doubt nor, but I shall make it plaine, (as farre as a Summe, or Breefe can make a Cause plaine,) that a Warre against the Turke, is Lawfull, both by the Lawes of Nature, and Nations; And by the Law Diuine, which is the Perfection of the other two. As for the Lawes Positiue, and Ciuill of the Romans, or other whatsoeuer, they are too small Engins, to moue the Weight of this Question. And therefore, in my iudgement, many of the late Schoolemen, (though excellent Men,) take not the right way in disputing this Question; Except they had the gift of Nauius, that they could Cotem nouaculâ scindere; Hew Stones with Pen-kniues. First, for the Law of Nature. The Philosopher Aristotle is no ill Interpreter thereof. He hath set many Men on worke, with a witty speech of Naturâ Dominus, and Naturâ Seruus; Affirming expresly, and positiuely; That from the very Natiuity, some Things are borne to Rule, and some things to Obey. Which Oracle hath beene taken in diuers senses. Some haue taken it, for a Speech of Ostentation, to entitle the Grecians, to an Empire ouer the Barbarians; Which indeed was better maintained by his Scholler Alexander. Some haue taken it, for a Speculatiue Platforme, that Reason and Nature would, that the Best should gouerne; But, not in any wise to create a Right. But for my part, I take it, neither for a Bragge, nor for a wish; But for a Truth, as he limiteth it. For he saith, That if there can be found, such an Inequality betweene Man and Man, as there is betweene Man and Beast, or betweene Soule and Body, it inuesteth a Right of Gouernment; Which seemeth rather an Impossible Case, than an vntrue Sentence. But I hold both the Iudgement true, and the Case possible; And such as hath had, and hath a Being, both in particular Men, and Nations. But ere we goe further, let vs confine Ambiguities, and Mistakings, that they trouble vs not. First, to say, that the more Capable, or the better Deseruer, hath such Right to gouerne, as he may compulsorily, bring vnder the lesse Worthy, is idle. Men will neuer agree vpon it, who is the more Worthy. For it is not only in order of Nature, for him to gouerne, that is the more Intelligent, as Aristotle would haue it; But there is no lesse required for Gouernment, Courage to protect; and, aboue all, Honesty, and Probity of the Will, to abstaine from Iniury. So Fitnesse to gouerne, is a Perplexed Businesse. Some Men, some Nations, excell in the one ability, some in the other. Therefore the Position, which I intend, is not in the Comparatiue, that the Wiser, or the Stouter, or the Iuster Nation should gouerne; But in the Priuatiue, that where there is an Heape of People, (though we terme it a Kingdome, or State,) that is altogether vnable, or Indigne to gouerne; There it is a iust Cause of Warre, for another Nation, that is Ciuill, or Polliced, to subdue them: And this, though it were to be done, by a Cyrus, or a Caesar, that were no Christian. The second Mistaking, to be banished, is; That I vnderstand not this of a Personall Tyranny, as was the State of Rome, vnder a Caligula, or a Nero, or a Commodus; Shall the Nation suffer for that wherein they suffer? But when the Constitution of the State, and the fundamentall Customes, and Lawes of the same, (if Lawes they may be called,) are against the Lawes of Nature, and Nations, then I say, a Warre vpon them is lawfull. I shall diuide the Question into three parts. First, whether there be, or may be, any Nation, or Society of Men, against whom it is lawfull to make a Warre, without a Precedent Iniury, or Prouocation? Secondly, what are those Breaches of the Law of Nature, and Nations, which doe forfeit, and deuest, all Right, and Title, in a Nation to gouerne? And thirdly, whether those Breaches of the Law of Nature, and Nations, be found in any Nation, at this day; And namely in the Empire of the Ottomans? For the first, I hold it cleare, that such Nations, or States, or Societies of People, there may be, and are. There cannot be a better Ground laid, to declare this, than to looke into the Originall Donation of Gouernment. Obserue it well; Especially the Inducement, or Preface. Saith God: Let vs make man after our owne Image, and let him haue dominion, ouer the Fishes of the Sea, and the Fowles of the Aire, and the Beasts of the Land, &c. Hereupon De Victoria, and with him some others, inferre excellently, and extract, a most true, and diuine Aphorisme; Non fundatur Dominium nisi in Imagine Dei. Here we haue the Charter of Foundation: It is now the more easie to iudge of the Forfeiture, or Reseisure. Deface the Image, and you deuest the Right. But what is this Image, and how is it defaced? The Poore Men of Lyons, and some Fanaticall Spirits, will tell you, that the Image of God, is Purity; And the Defacement, Sinne. But this subuerteth all Gouernment: Neither did Adams Sinne, or the Curse vpon it, depriue him of his Rule, but left the Creatures, to a Rebellion, or Reluctation. And therefore, if you note it attentiuely, when this Charter was renewed vnto Noah, and his Sonnes, it is not by the words, You shall haue Dominion; But, Your Feare shall be vpon all the Beasts of the Land, and the Birds of the Aire, and all that moueth; Not re-granting the Soueraignty, which stood firme; But protecting it against the Reluctation. The sound Interpreters therefore, expound this Image of God, of Naturall Reason; Which if it be totally, or mostly defaced, the Right of Gouernment doth cease: And if you marke all the Interpreters well, still they doubt of the Case, and not of the Law. But this is properly to be spoken to, in handling the Second Point, when we shall define of the Defacements. To goe on. The Prophet Hosea, in the Person of God, saith of the Iewes; They haue reigned, but not by me; They haue set a Signory ouer themselues, but I knew nothing of it. Which Place proueth plainly, that there are Gouernments, which God doth not auow. For though they be ordained by his Secret Prouidence, yet they are not knowledged by his Reuealed Will: Neither can this be meant of euill Gouernours, or Tyrants: For they are often auowed, and stablished, as lawfull Potentates; But of some Peruersnesse, and Defection, in the very Nation it selfe; Which appeareth most manifestly, in that the Prophet speaketh, of the Signory in Abstracto, and not of the Person of the Lord. And although some Heretickes, of those we spake of, haue abused this Text, yet the Sunne is not soiled in Passage. And againe, if any Man inferre, vpon the words of the Prophets following, (which declare this Reiection, and to vse the words of the Text, Rescision of their Estate, to haue beene for their Idolatry,) that by this Reason, the Gouernments of all Idolatrous Nations, should be also dissolued, (which is manifestly vntrue,) in my iudgement it followeth not. For the Idolatry of the Iewes then, and the Idolatry of the Heathen then and now, are Sinnes of a farre differing Nature, in regard of the speciall Couenant, and the cleare Manifestations, wherein God did contract, and exhibit himselfe 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 Iewes: Yee haue incensed mee 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 giuen, of the Land of Promise, to the Israelites. For from that time, their Right to the Land was dissolued, though they remained in many Places vnconquered. By this we may see, that there are Nations in Name, that are no Nations in Right, but Multitudes onely, and Swarms of People. For like as there are Particular Persons, vtlawed, and proscribed, by ciuill Lawes, of seuerall Countries; So are there Nations, that are vtlawed, and proscribed, by the Law of Nature, and Nations; Or by the immediate Commandement of God. And as there are Kings de Facto, and not de Iure, in respect of the Nullity of their Title; So are there Nations, that are Occupants de Facto, and not de Iure, of their Territories, in respect of the Nullity, of their Policy; or Gouernment. But let vs take in some Examples, into the Midst of our Proofes; For they will proue as much, as put after; And illustrate more. It was neuer doubted, but a Warre vpon Pyrates, may be lawfully made, by any Nation, though not infested, or violated by them. Is it because, they haue not Certas Sedes, or Lares? In the Pyraticall War, which was atchieued by Pompey the Great, and was his truest, and greatest glory; the Pyrates had some Cities, sundry Ports, and a great part of the Prouince of Cilicia; And the Pyrates now being, haue a Receptacle, and Mansion, in Algiers. Beasts are not the lesse Sauage; because they haue Dens. Is it because the Danger houers, as a Cloud, that a Man cannot tell, where it will fall? And so it is euery Mans case. The Reason is good; But it is not all, nor that which is most Alleadged. For the true receiued Reason is, that Pyrates are Communes Humani Generis Hostes; Whom all Nations are to prosecute, not so much in the Right of their owne Feares, as vpon the Band of Humane Society. For as there are, Formall and written Leagues, Respectiue to certaine Enemies; So is there a Naturall, and Tacite Confederation, amongst all Men, against the common Enemy of Humane Societie. So as there needs no Intimation, or Denunciation of the Warre; There needs no Request from the Nation grieued; But all these Formalities, the Law of Nature supplies, in the Case of Pyrates. The same is the Case of Rouers by Land; Such as yet are some Cantons in Arabia; And some petty Kings of the Mountaines, adiacent to Streights, and Wayes. Neither is it lawfull, onely for the Neighbour Princes, to destroy such Pyrates, or Rouers; But if there were any Nation, neuer so farre off, that would make it an Enterprise of Merit, and true Glory, (as the Romans, that made a Warre, for the Liberty of Grecia, from a distant, and remote Part,) no doubt they mought doe it. I make the same Iudgement, of that Kingdome of the Assasins, now destroyed, which was situate vpon the Borders of Saraca; And was, for a time, a great Terrour, to all the Princes of the Leuant. There the Custome was, that vpon the Commandement of their King, and a Blinde Obedience to be giuen thereunto, any of them was to vndertake, in the nature of a Votary, the insidious Murther, of any Prince, or Person, vpon whom the Commandement went. This Custome, without all question, made their whole Gouernment void, as an Engine built against Humane Society, worthy by all Men to be fired, and pulled downe. I say the like, of the Anabaptists of Munster; And this, although they had not beene Rebels to the Empire: And put case likewise, that they had done no Mischiefe at all actually; yet if there shall be a Congregation, and Consent of People, that shall hold all Things to be lawfull; Not according to any certaine Lawes, or Rules, but according to the secret, and variable Motions, and Instincts of the Spirit; This is indeed no Nation, no People, no Signorie, that God doth know: Any Nation, that is Ciuill, and Polliced, 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 doubtfull, whether it were Fiction, or History,) of a Land of Amazons, where the whole Gouernment, Publike and Priuate, yea the Militia it Selfe, was in the hands of Women. I demand, is not such a Preposterous Gouernment, (against the first Order of Nature, for Women to rule ouer Men,) in it selfe void, and to be suppressed? I speake not of the Reigne of Women; (For that is supplied by Counsell, and subordinate Magistrates Masculine,) But where the Regiment of State, Iustice, Families, is all managed by Women. And yet this last Case, differeth from the other before: Because in the rest there is Terrour of Danger, but in this there is onely Errour of Nature. Neither should I make any great Difficulty, to affirme the same, of the Sultanry of the Mamaluches; where Slaues, and none but Slaues, bought for Money, and of vnknowne Descent, reigned ouer Families of Freemen. And much like were the Case, if you suppose a Nation, where the Custome were, that after full Age, the Sonnes should Expulse their Fathers, and Mothers, out of their Possessions, & put them to their Pensions: For these Cases, of Women to gouerne Men, Sonnes the Fathers, Slaues Free-Men, are much in the same degree; All being totall Violations and Peruersions, of the Lawes of Nature, and Nations. For the West Indies, I perceiue (Martius) you haue read Garcilazzo de Viega, who himselfe was descended of the race of the Incaes, a Mestizo, and is willing to make the best, of the Vertues and Manners of his Country: And yet, in troth, hee doth it soberly, and credibly enough. Yet you shall hardly edifie me, that those Nations might not, by the Law of Nature, haue beene subdued by any Nation, that had onely Policy, and Morall Vertue; Though the Propagation of the Faith, (whereof we shall speake in the proper place,) were set by, and not made part of the Case. Surely, their Nakednesse, (being with them· in most parts of that Country, without all Vaile or Couering,) was a great Defacement: For in the Acknowledgement of Nakednesse, was the first Sense of Sinne: And the Heresie of the Adamites, was euer accounted an Affront of Nature. But vpon these I stand not: Nor yet vpon their Idiocy, in thinking that Horses did eat their Bitts, and Letters speake, and the like. Nor yet vpon 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 Abhomination, as (me thinks) a Mans Face should be a little confused, to deny, that this Custome, ioyned with the rest, did not make it lawfull, for the Spaniards to inuade their Territory, forfeited by the Law of Nature, And either to reduce them, or displant them. But farre be it from me, yet neuerthelesse to iustifie the Cruelties, which were at first vsed towards them; which had their Reward soone after; There being not One, of the Principall, of the first Conquerors, but died a violent Death himselfe, And was well followed by the Deaths of many more. Of Examples Enough: Except we should adde the Labours of Hercules: An Example, which though it bee 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 Gyants, Monsters, and Forraine Tyrants, not onely as lawfull, but as Meritorious, euen of Diuine Honour. And this, although the Deliuerer came, from the one End of the World, vnto the other. Let vs now set downe some Arguments, to proue 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 Errour, and a Narrownesse, or Straightnesse of Minde, if any Man thinke, that Nations haue nothing to doe one with another, except there be, either an Vnion in Soueraignty, or a Coniunction in Pacts or Leagues. There are other Bands of Society, and implicite Confederations. That of Colonies, or Transmigrants, towards their Mother Nation. Gentes vnius labij is somewhat; For as the Confusion of Tongues, was a Marke of Separation, so the Being of one Language, is a Marke of Vnion. To haue the same Fundamentall Lawes, and Customes, in chiefe, is yet more; As it was betweene the Grecians, in respect of the Barbarians. To be of one Sect, or Worship; If it be a False Worship, I speake not of it, for that is but Fratres in Malo. But aboue all these, there is the Supreme, and Indissoluble Consanguinity, and Society, between Men in generall: Of which the Heathen Poet (whom the Apostle calls to witnesse,) saith; We are all his Generation. But much more, we Christians, vnto whom it is reuealed in particularity, that all Men came from one Lumpe 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 lesse charitable, than the Person introduced by the Comicke Poet; Homosum, Humani nihil à me alienum puto. Now if there be, such a Tacite League, or Confederations, sure it is not idle, It is against somewhat, or some Body: Who should they be? Is it against Wilde Beasts? Or the Elements, of Fire, and Water? No, it is against such Routs, and Sholes of People, as haue vtterly degenerate, from the Lawes of Nature; As haue, in their very Body, and Frame of Estate, a Monstrosity; And may be truly accounted, (according to the Examples we haue formerly recited,) Common Enemies, and Grieuances of Mankinde; Or Disgraces, and Reproaches to Humane Nature. Such People, all Nations are interessed, and ought to be resenting, to suppresse; Considering that the Particular States themselues, being the Delinquents, can giue no redresse. And this I say, is not to be measured so much, by the Principles of Iurists, as by Lex Charitatis; Lex proximi, which includes the Samaritan, as well as the Leuite; Lex Filiorum Adae de Massâ vnâ: Vpon which Originall Lawes, this Opinon is grounded: Which to deny, (if a man may speake freely,) were almost to be a Schismaticke in Nature.

The rest was not perfected.

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← The Dedication to Lancelot Andrewes · Contents

Footnotes

1. Characters of the Persons. E sebius beareth the Character of a Moderate Diuine. Gamaliel of a Protestant Zelant. Zebedaeus of a Romish Catholike Zelant. Martius of a Militar Man. Eupolis of a Politique. Pollio of a Courtier. ↩