of Iulius 2. Paulus 4. and Zistus 5. As for that great Body of Germanie I see they haue greater reason to confederate themselues with the Kings of France and Great Britaine or Denmarke for the libertie of the Germaine Nation and for the Expulsion of Spanish and forraine Forces than they had in the yeares 1552. and 1553. At which time they contracted a League with Henry the second the French King vpon the same Articles against Charles the fifth who had impatronized himselfe of a great Part of Germany through discord of the German Princes which himselfe had sowen and fomented Which League at that time did the Deed and draue out all the Spaniards out of that part of Germany And re-integrated that Nation in their ancient Liberty and Honour For the West Indies though Spaine hath had yet not much actuall disturbance there except it haue beene from England Yet neuerthelesse I see all Princes lay a kind of claime vnto them Accounting the Title of Spaine but as a Monopolie of those large Countries wherein they haue in great part but an Imaginary Possession For Affrick vpon the West the Moores of Valentia expulsed and their Allies doe yet hang as a Cloud or Storme ouer Spaine Gabor on the East is like an Anniuersary Wind that riseth euery yeare once vpon the Party of Austria And Persia hath entred into Hostility with Spaine and giuen them the first blow by taking of Ormus It is within euery mans Obseruation also that Venice doth thinke their State almost on fire if the Spaniards hold the Valtoline That Sauoy hath learned by fresh experience That Alliance with Spaine is no Security against the Ambition of Spaine And that of Bauaria hath likewise beene taught that Merit and Seruice doth oblige the Spaniard but from day to day Neither doe I say for all this but that Spaine may rectifie much of this ill Bloud by their particular and cunning Negotiations But yet there it is in the Body and may breake out no man knoweth when into ill Accidents But at least it sheweth plainly that which serueth for our purpose That Spain is much destitute of Assured and Confident Confederates And therefore I will conclude this Part with the Speech of a Counsellour of State in Spaine at this day which was not without Salt He said to his Master the King of Spaine that now is vpon occasion Sir I will tell your Maiesty thus much for your comfort Your Maiesty hath but two Enemies Whereof the one is all the World And the other is your owne Ministers And thus I end the Second Maine Part I propounded to speake of which was The Ballancing of the Forces betweene the Kings Maiestie and the King of Spaine if a Warre must follow FINIS AN ADVERTISEMENT TOVCHING AN Holy Warre Written in the yeare 1622. Whereunto the Author prefixed an Epistle to the Bishop of Winchester last deceased LONDON ¶ Printed by IOHN HAVILAND for Humphrey Robinson 1629. TO THE RIGHT REVEREND FATHER in God LANCELLOT ANDREWES Lord Bishop of Winchester and Counsellour of Estate to his MAIESTIE My Lord AMongst Consolations it is not the least to represent to a Mans selfe like Examples of Calamitie in others For Examples giue a quicker Jmpression than Arguments And besides they certifie vs that which the Scripture also tendreth for satisfaction That no new Thing is happened vnto vs. This they doe the better by how much the Examples are liker in circumstances to our owne Case And more especially if they fall vpon Persons that are greater and worthier than our selues For as it sauoureth of Vanity to match our selues highly in our owne conceit So on the otherside it is a good sound Conclusion that if our Betters haue sustained the like Euents wee haue the lesse cause to be grieued Jn this kinde of Consolation I haue not beene wanting to my Selfe Though as a Christian I haue tasted through Gods great goodnesse of higher Remedies Hauing therefore through the Varietie of my Reading set before me many Examples both of Ancient and Later Times my Thoughts I confesse haue chiefly stayed vpon three Particulars as the most Eminent and the most Resembling All three Persons that had held chiefe place of Authority in their Countries All three ruined not by Warre or by any other Disaster but by Justice and Sentence as Delinquents and Criminalls All three famous Writers insomuch as the remembrance of their Calamity is now as to Posterity but as a little Picture of Night-worke remaining amongst the faire and excellent Tables of their Acts and Works And all three if that were any thing to the matter fit Examples to quench any Mans Ambition of Rising againe For that they were euery one of them restored with great glory but to their further Ruine and Destruction ending in a violent Death The Men were Demosthenes Cicero and Seneca Persons that J durst not claime Affinity with except the Similitude of our Fortunes had contracted it When I had cast mine Eyes vpon these Examples J was carried on further to obserue how they did beare their Fortunes and principally how they did employ their Times being banished and disabled for Publike Businesse To the end that J might learne by them And that they might be as well my Counsellours as my Comforters Wherupon I happened to note how diuersly their Fortunes wrought vpon them especially in that point at which I did most aime which was the employing of their Times and Pens Jn Cicero I saw that during his Banishment which was almost two yeares he was so softned and deiected as he wrote nothing but a few Womanish Epistles And yet in mine opinion he had least reason of the Three to be discouraged For that although it was iudged and iudged by the highest kinde of Iudgement in forme of a Statute or Law that he should be banished And his whole Estate confiscated and seized And his houses pulled downe And that it should be highly penall for any Man to propound his Repeale Yet his Case euen then had no great Blot of Ignominy but it was thought but a Tempest of Popularitie which ouerthrew him Demosthenes contrariwise though his Case was foule being condemned for Bribery And not simple Bribery but Bribery in the Nature of Treason and Disloyalty yet neuerthelesse tooke so little knowledge of his Fortune as during his Banishment hee did much busie himselfe and entermeddle with matters of State And tooke vpon him to Counsell the State as if he had beene still at the Helme by letters As appeares by some Epistles of his which are extant Seneca indeed who was condemned for many Corruptions and Crimes and banished into a solitary Island kept a Meane And though his penne did not freese yet he abstained from intruding into Matters of Businesse But spent his time in writing Books of excellent Argument and Vse for all Ages Though he might haue made better Choyce sometimes of his Dedications These Examples confirmed mee much in a Resolution whereunto J was
sooner made than resolued If it be made not enwrapped but plainly and perspicuously It is this in Thesi An Offensiue Warre is made which is vniust in the Aggressour The Prosecution and Race of the Warre carrieth the Defendant to assaile and inuade the Ancient and Indubitate Patrimony of the first Aggressour who is now turned Defendant Shall he sit downe and not put himselfe in Defence Or if he be dispossessed shall he not make a Warre for the Recouery No Man is so poore of Iudgement as will affirme it The Castle of Cadmus was taken and the City of Thebes it selfe inuested by Phaebidas the Lacedemonian insidiously in violation of League The Processe of this Action drew on a Resurprise of the Castell by the Thebans a Recouery of the Towne and a Current of the Warre euen vnto the walls of Sparta I demand was the Defence of the City of Sparta and the Expulsion of the Thebans out of the ancient Laconian Territories vniust The sharing of that part of the Duchie of Millaine which lieth vpon the Riuer of Adda by the Venetians vpon Contract with the French was an Ambitious and vniust Purchase This wheele set on going did powre a Warre vpon the Venetians with such a tempest as Padoua and Treuigi were taken from them and all their Dominions vpon the Continent of Italy abandoned and they confined within the Salt Waters Will any man say that the memorable Recouery and Defence of Padoua when the Gentlemen of Venice vnused to the Warres out of the loue of their Country became Braue and Martiall the first day And so likewise the Readeption of Treuigi and the rest of their Dominions was matter of Scruple whether iust or no because it had source from a Quarrell ill begunne The Warre of the Duke of Vrbin Nephew to Pope Iulius the second when he made himselfe Head of the Spanish Mutiniers was as vniust as vniust mought be A support of desperate Rebels An Inuasion of Saint Peters Patrimony And what you will The Race of this Warre fell vpon the losse of Vrbin it selfe which was the Dukes vndoubted Right Yet in this case no Penitentiary though hee had enioyned him neuer so strait Penance to expiate his first Offence would haue counselled him to haue giuen ouer the pursuit of his Right for Vrbin Which after he prosperously re-obtained and hath transmitted to his family yet vntill this day Nothing more vniust than the Inuasion of the Spanish Armada in 88. vpon our Seas For our Land was holy land to them they mought not touch it Shall I say therefore that the Defence of Lisbon or Cales afterward was vniust There be thousands of Examples Vtor in Re non dubia Exemplis non necessarijs The Reason is plaine Warres are Vindictae Reuenges Reparations But Reuenges are not infinite but according to the measure of the first Wrong or Damage And therefore when a voluntary Offensiue Warre by the Designe or Fortune of the Warre is turned to a necessary Defensiue Warre the Scene of the Tragedy is changed and it is a new Act to beginne For though they the particular actions of Warre are complicate in Fact yet they are separate and distinct in Right Like to crosse Suits in Ciuill Pleas which are sometimes both iust But this is so cleare as needeth no further to be insisted vpon And yet if in things so cleare it were fit to speake of more or lesse cleare in our present Cause it is the more cleare on our part because the Possession of Bohemia is setled with the Emperor For though it be true that Non datur Compensatio Iniuriarum yet were there somewhat more Colour to detaine the Palatinate as in the nature of a Recouery in Value or Compensation if Bohemia had beene lost or were still the Stage of the Warre Of this therefore I speake no more As for the Title of Proscription or Forfeiture wherein the Emperour vpon the matter hath beene Iudge and Party and hath iusticed himselfe God forbid but that it should well endure an Appeale to a Warre For certainly the Court of Heauen is as well a Chancery to saue and debarre Forfeitures as a Court of Common Law to decide Rights And there would bee worke enough in Germany Italy and other Parts if Imperiall Forfeitures should goe for good Titles Thus much for the first Ground of Warre with Spaine being in the Nature of a Plaint for the Recouery of the Palatinate Omitting here that which mought be the Seed of a larger Discourse and is verified by a number of Examples That whatsoeuer is gained by an Abusiue Treaty ought to bee restored in Integrum As wee see the daily Experience of this in Ciuill Pleas For the Images of great things are best seene contracted into small Glasses Wee see I say that all Pretorian Courts if any of the Parties be entertained or laid asleepe vnder pretence of Arbiterment or Accord that the other Party during that time doth cautelously get the start and aduantage at Common Law though it bee to Iudgement and Execution Yet the Pretorian Court will set backe all things in statu quo priùs no respect had to such Euiction or Dispossession Lastly let there be no mistaking As if when I speake of a Warre for the Recouery of the Palatinate I meant that it must be in lineâ rectâ vpon that Place For looke into ius faeciale and all Examples and it will be found to be without scruple That after a Legation ad Res repetendas and a Refusall and a Denuntiation or Indiction of a Warre the Warre is no more confined to the Place of the Quarrell but is left at large and to choice as to the particular conducing Designes as Opportunities and Aduantages shall inuite To proceed therefore to the second Ground of a Warre with Spaine We haue set it downe to be A iust feare of the Subuersion of our Ciuill Estate So then the War is not for the Palatinate onely but for England Scotland Ireland our King our Prince our Nation all that we haue Wherein two things are to be proued The one that a iust Feare without an Actuall Inuasion or Offence is a sufficient Ground of a War and in the Nature of a true Defensiue The other that wee haue towards Spaine Cause of iust Feare I say iust Feare For as the Ciuilians doe well define that the Legall Feare is Iustus Metus qui cadit in constantem Virum in priuate Causes So there is Iustus Metus qui cadit in constantem Senatum in causa publica Not out of vmbrages light Iealousies Apprehensions a farre off But out of cleare Forefight of imminent Danger Concerning the former Proposition it is good to heare what time saith Thucydides in his Inducement to his Story of the great Warre of Peloponnesus sets downe in plaine termes that the true Cause of that Warre was The ouergrowing Greatnesse of the Athenians and the feare that the Lacedemonians stood in thereby And doth not doubt
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
CERTAINE Miscellany Works OF THE RIGHT HONOVRABLE FRANCIS Lo. Verulam Viscount S. ALBAN PVBLISHED By WILLIAM RAWLEY Doctor of Diuinity one of his Maiesties Chaplaines LONDON ¶ Printed by I. Hauiland for Humphrey Robinson dwelling at the signe of the three Pigeons in Pauls Church-yard 1629. To the Reader I Haue thought good as a Seruant to the Labours and Memory of that Noble Lord the Lo. Viscount S. Alban to collect into one these few rather Parcells than lust Works of his excellent Pen. Which I haue done for these Causes First to vindicate the Wrong his Lordship suffered by a corrupt and surreptitious Edition of that Discourse of his Touching a Warre with Spaine lately set forth Secondly by way of Preuention to exempt from the like Iniury Defacements those other Discourses of his herein contained Lastly to satisfie the Desires of some who hold it vnreasonable that any the Delineations of that Pen though in neuer so small a Modell should not be shewen to the World I know it carries the Excuse with it after the Authors Death to publish Fragments Therefore I will make none These Works being all for the Argument Ciuill I cannot represent better than in Resemblance of Aristotles Parua Naturalia to account them as his Lordships Parua Politica Howsoeuer I doubt not but euery Iudicious Reader finding of his Lordships Spirit in them will know them to be his And will afford them a Place of Reputation amongst his Greater Works W. RAWLEY CONSIDERATIONS Touching a WARRE With SPAINE VVritten about fiue yeeres since and inscribed to his MAIESTIE At that time PRINCE OF WALES LONDON ¶ Printed by IOHN HAVILAND for Humphrey Robinson 1629. CONSIDERATIONS Touching a WARRE With SPAINE To the Prince YOur Highnesse hath an Imperiall Name It was a CHARLES that brought the Empire first into France A CHARLES that brought it first into Spaine Why should not Great Britaine haue his turne But to lay aside all that may seeme to haue a shew of Fumes and Fancies and to speake Solids A Warre with Spaine if the King shall enter into it is a mighty Worke It requireth strong Materialls and Actiue Motions He that saith not so is zealous but not according to knowledge But neuerthelesse Spaine is no such Giant And he that thinketh Spaine to be some great Ouermatch for this Estate assisted as it is and may be is no good Mint-man But takes greatnesse of Kingdomes according to their Bulke and Currency and not after their intrinsique Value Although therefore I had wholly sequestred my thoughts from Ciuill Affaires yet because it is a new Case and concerneth my Country infinitely I obtained of my selfe to set downe out of long continued experience in Businesse of Estate and much Conuersation in Bookes of Policie and Historie what I thought pertinent to this Businesse And in all humblenesse present it to your Highnesse Hoping that at least you will discerne the strength of my Affection through the weaknesse of my Abilities For the Spaniard hath a good Prouerbe Desuarió siempre con la Calentura There is no Heat of Affection but is ioyned with some Idlenesse of Braine To a Warre are required A Iust Quarrell Sufficient Forces and Prouisions And a prudent Choyce of the Designes So then I will first iustifie the Quarrell Secondly ballance the Forces and lastly propound variety of Designes for Choice but not aduise the Choice For that were not fit for a Writing of this Nature Neither is it a Subiect within the leuell of my Iudgement I being in effect a Stranger to the present Occurrences Warres I speake not of ambitious Predatory Warres are Suits of Appeale to the Tribunall of Gods Iustice where there are no Superiours on earth to determine the Cause And they are as ciuill pleas are Plaints or Defences There are therefore three iust Grounds of Warre with Spaine One Plaint Two vpon Defence SALOMON saith A Cord of three is not easily broken But especially when euery of the lines will hold single by it selfe They are these The Recouery of the Palatinate A iust Feare of the Subuersion of our Ciuill Estate A iust Feare of the Subuersion of our Church and Religion For in the handling of the two last Grounds of Warre I shall make it plaine That Warres Preuentiue vpon Iust Feares are true Defensiues as well as vpon Actuall Inuasions And againe that Warres Defensiue for Religion I speake not of Rebellion are most iust Though Offensiue Warres for Religion are seldome to be approued or neuer vnlesse they haue some Mixture of Ciuill Titles But all that I shall say in this whole Argument will be but â—ike Bottomes of Thred close wound vp which with a good Needle perhaps may be flourished into large Workes For the Asserting of the Iustice of the Quarrell for the Recouery of the Palatinate I shall not goe so high as to discusse the Right of the Warre of Bohemia Which if it be freed from doubt on our part then there is no Colour nor Shadow why the Palatinate should be retained The Rauishing whereof was a meere Excursion of the first Wrong and a Super-Iniustice But I doe not not take my selfe to be so perfect in the Customes Transactions and Priuiledges of that Kingdome of Bohemia as to be fit to handle that part And I will not offer at that I cannot master Yet this I will say in passage positiuely and resolutely That it is impossible an Electiue Monarchy should be so free and absolute as an Hereditary No more than it is possible for a Father to haue so full Power and Interest in an Adoptiue Sonne as in a Naturall Quia naturalis Obligatio fortior Ciuili And againe that Receiued Maxime is almost Vnshaken and Infallible Nil magis Naturae consentaneum est quà m vt iisdem modis Res dissoluantur quibus constituuntur So that if the part of the People or Estate be somewhat in the Election you cannot make them Nulls or Cyphers in the Priuation or Translation And if it bee said that this is a dangerous Opinion for the Pope Emperour and Electiue Kings It is true it is a dangerous Opinion and ought to be a dangerous Opinion to such personall Popes Emperours or Electiue Kings as shall transcend their limits and become Tyrannicall But it is a safe and sound Opinion for their Sees Empires and Kingdomes And for themselues also if they be wise Plenitudo Potestatis est plenitudo Tempestatis But the chiefe Cause why I doe not search into this point is because I need it nor And in handling the Right of a Warre I am not willing to intermix matter doubtfull with that which is out of doubt For as in Capitall Causes wherein but one Mans life is in question in fauorem vitae the Euidence ought to bee cleare So much more in a Iudgement vpon a Warre which is Capitall to Thousands I suppose therefore the worst That the Offensiue Warre vpon Bohemia had beene vniust And then make the Case Which is no