Page images

ticular 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 mullity 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 government. But let us take in some examples into the midst of our proofs ; for they will prove as much as put after, and illustrate more. It was never doubted, but a war upon pirates may be lawfully 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 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 alledged. 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 situate 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 seigniory, 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 doubtful whether it were fiction or history, of a land of Amazons, where the whole government public and private, yea, the militia itself, was in the hands of

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 Mamalukes; 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 vail 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 honour : 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 an 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 labü” 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

« PreviousContinue »