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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 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 rovers3; 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 mought 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. There the custom was, that upon the command

1 de latronibus per terram et insidiatoribus viarum.

2

3

qui secus angustas vias et à viatoribus frequentatas habitant.

neque (ut prius de Piratis dictum est) principibus tantum vicinis hos debellare

conceditur.

♦ Proculdubio hoc facere cum justitia possint.

2

ment 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 signory, that God doth know; any nation that is civil 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 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 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?4 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 Mamaluches; 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,

5

1 totum illud regimen invalidum reddidit, et nullo jure subnixum.

? Quin et si adhuc fuerit, aut in futurum exorturus sit, hominum cœtus aliquis, qui, &c. * cuivis sane nationi populum hunc (si ad sanitatem redire recuset) exterminare penitus ex cœtu hominum et a facie terræ delere licebit. The word polliced (which I leave in the original spelling, not knowing any modern form of it) is translated, where it occurs at the bottom of p. 29., ad imperandum habili.

• Num quis sanæ mentis affirmaverit, hujusmodi imperium, contra ordinem naturæ in principiis suis institutum, non esse in se vacuum et nullum et prorsus abolendum? 5 in hoc autem aberratio tantum a lege naturæ.

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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 Incaes, 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 acknowledgement 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 Her

1 et perquam modeste.

2 The words within the parenthesis are omitted in the translation: an omission possibly accidental, but possibly also intentional; Bacon, as he considered the subject more closely, inclining more and more to disallow "the propagation of the faith" as a motive for an offensive war, and tending towards the opinion in which he rested two years afterwards, that "offensive wars for religion were seldom to be approved, or never except they have some mixture of civil titles."

3 Sed hoc fervoribus regionis detur: quandoquidem sit illis cum aliis nonnullis gentibus commune.

Neque rursus simplicitatem eorum commemorare placet, licet insignis fuerit, utpote qui equos frana ipsorum manducare, literas autem loqui et commissa sibi nunciare putarent; et similia. Neque etiam sortilegia, divinationes, et magicas superstitiones narro: in quibus cum plerisque gentibus idololatris communicabant.

cum aliis improbissimis conjunctum.

6 quemque etiam mors et calamitas complurium e suis non aut comitabatur aut a tergo insequebatur.

cules; 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.3 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 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.5 But above all these, there is the supreme and indissoluble consanguinity and society between 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?

1 tyrannorum enormium.

No, it is against

2 sed tanquam facinoribus egregiis; quæque divinos aut saltem heroicos honores mere

rentur.

3

atque hoc, licet liberator ille, quisquis tandem sit, ex unâ orbis extremitate ad alteram penetraret.

▲ Jam autem, exemplis his prælibatis, ad argumenta redeamus.

5 This sentence is omitted in the translation.

Paulo Apostolo citante.

such routs and shoals of people, as have utterly degenerate 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 interessed, 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 massâ unâ ; 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.]

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