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A01128 Certaine miscellany vvorks of the Right Honourable Francis Lo. Verulam, Viscount S. Alban. Published by William Rawley ... Bacon, Francis, 1561-1626.; Rawley, William, 1588?-1667. 1629 (1629) STC 1124; ESTC S100333 51,832 176

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of their great Shipping besides 50. or 60. of their smaller Vessels And that in the sight and vnder the Fauour of their Forts And almost vnder the Eye of their great Admirall the best Commander of Spaine by Sea the Marquis de Santa Cruz without euer being disputed with by any fight of importance I remember Drake in the vaunting stile of a Souldier would call this Enterprise The C●ngeing of the King of Spaines Beard The Enterprise of 88. deserueth to bee stood vpon a little more fully being a Miracle of Time There armed from Spaine in the yeare 1588. the greatest Nauy that euer swam vpon the Sea For though there haue beene farre greater Fleets for Number yet for the Bulke and Building of the Ships with the Furniture of great Ordnance and Prouisions neuer the like The Designe was to make not an Inuasion only but an vtter Conquest of this Kingdome The Number of Vessels were 130. whereof Galliasses and Gallions 72 goodly Ships like floating Towers or Castles manned with 30000. Souldiers and Mariners This Nauy was the Preparation of fiue whole yeares at the least It bare it selfe also vpon Diuine Assistance For it receiued speciall Blessing from Pope Zistus and was assigned as an Apostolicall Mission for the reducement of this Kingdome to the obedience of the See of Rome And in further token of this holy Warfare there were amongst the rest of these Ships Twelue called by the names of the Twelue Apostles But it was truly conceiued that this Kingdome of England could neuer be ouer-whelmed except the Land-Waters came in to the Sea-Tides Therefore was there also in readinesse in Flanders a mightie strong Army of Land-Forces to the number of 50000. veterane Souldiers vnder the Conduct of the Duke of Parma the best Commander next the French King Henrie the fourth of his time These were designed to ioyne with the forces at Sea There being prepared a Number of flat bottomed boats to transport the Land-Forces vnder the Wing and Protection of the Great Nauy For they made no account but that the Nauy should be absolutely Master of the Seas Against these Forces there were prepared on our part ●o the number of neare 100. Ships Not so great of Bulke indeed but of a more nimble Motion and more seruiceable Besides a lesse Fleet of 30. Ships for the Custody of the Narrow Seas There were also in readinesse at Land two Armies besides other Forces to the number of 10000 dispersed amongst the Coast Townes in the Southerne Parts The two Armies were appointed One of them consisting of 25000. Horse and Foot for the Repulsing of the Enemy at their landing And the other of 25000. for safeguard and attendance about the Court and the Queenes Person There were also other Dormant Musters of Souldiers thorowout all Parts of the Realme that were put in readinesse but not drawne together The two Armies were assigned to the Leading of two Generals Noble Persons but both of them rather Courtiers and Assured to the State than Martiall Men yet lined and assisted with Subordinate Commanders of great Experience Valour The Fortune of the Warre made this enterprise at first a Play at Base The Spanish Nauy set forth out of the Groyne in May and was dispersed and driuen backe by Weather Our Nauy set forth somewhat later out of Plimouth and bare vp towards the Coast of Spaine to haue fought with the Spanish Nauy And partly by reason of contrary Winds partly vpon aduertisement that the Spaniards were gone backe and vpon some doubt also that they might passe by towards the Coast of England whilest wee were seeking them a farre off returned likewise into Plimouth about the Middle of Iuly At that time came more confident Aduertisement though false not only to the Lord Admirall but to the Court that the Spaniards could not possibly come forward that yeare Whereupon our Nauy was vpon the point of disbanding and many of our Men gone ashore At which very time the Inuincible Armada for so it was called in a Spanish ostentation thorowout Europe was discouered vpon the Westerne Coast It was a kinde of Surprise For that as was said many of our Men were gone to Land and our Ships ready to depart Neuerthelesse the Admirall with such Ships only as could suddenly bee put in readinesse made forth towards them In somuch as of 100. Ships there came scarce thirty to worke Howbeit with them and such as came dayly in we set vpon them and gaue them the chase But the Spaniards for want of Courage which they called Commission declined the Fight casting themselues continually into Roundels their strongest Ships walling in the rest and in that manner they made a flying march towards Callis Our Men by the space of fiue or six dayes followed them close fought with them continually made great Slaughter of their Men tooke two of their great Ships and gaue diuers others of their Ships their Deaths wounds whereof soone after they sanke and perished And in a word distressed them almost in the nature of a Defeat We our selues in the meane time receiuing little or no hurt Neere Callis the Spaniards anchored expecting their Land-forces which came not It was afterwards alledged that the Duke of Parma did artificially delay his Comming But this was but an Inuention and Pretension giuen out by the Spaniards Partly vpon a Spanish Enuie against that Duke being an Italian and his Sonne a Competitor to Portugall But chiefly to saue the Monstrous Scorne and Disreputation which they and their Nation receiued by the Successe of that Enterprise Therefore their Colours and Excuses forsooth were that their Generall by Sea had a limitted Commission not to fight vntill the Land-forces were come in to them And that the Duke of Parma had particular Reaches and Ends of his owne vnderhand to crosse the Designe But it was both a strange Commission and a strange obedience to a Commission for Men in the middest of their owne Bloud and being so furiously assailed to hold their hands contrary to the Lawes of Nature and Necessity And as for the Duke of Parma he was reasonably well tempted to be true to that Enterprise by no lesse Promise than to be made a Feudatary or Beneficiary King of England vnder the Seignorie in chiefe of the Pope and the Protection of the King of Spaine Besides it appeared that the Duke of Parma held his place long after in the Fauour and Trust of the King of Spaine by the great Employments and Seruices that he performed in France And againe it is manifest that the Duke did his best to come downe and to put to Sea The Truth was that the Spanish Nauy vpon those proofes of Fight which they had with the English finding how much hurt they receiued and how little hurt they did by reason of the Actiuity and low building of our Ships and skill of our Sea-men And being also commanded by a Generall of small Courage and Experience And hauing lost
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
to call it A necessity imposed vpon the Lacedemonians of a Warre Which are the Words of a meere Defensiue Adding that the other Causes were but specious and Popular Verissimam quidem sed minimè sermone celebratam arbitror extitisse Belli Causam Athenienses magnos effectos Lacedemonijs formidolosos necessitatem illis imposuisse Bellandi Quae autem propalam ferebantur vtrinque Causae istae fuerunt c. The truest Cause of this Warre though least voyced I conceiue to haue beene this That the Athenians being growne great to the terrour of the Lacedemonians did impose vpon them a necessity of a Warre But the Causes that went abroad in speech were these c. Sulpitius Galba Consul when he perswaded the Romans to a Preuentiue Warre with the latter Philip King of Macedon in regard of the great Preparations which Philip had then on foot and his Designes to ruine some of the Confederates of the Romans confidently saith That they who tooke that for an Offensius War vnderstood not the state of the Question Ignorare videmini mihi Quirites non vtrum bellum an pacem habeatis vos consuli neque enim liberum id vobis permittet Philippus qui terrâ marique ingens bellum molitur sed vtrum in Macedoniam legiones transportetis an hostem in Italiam recipiatis Ye seeme to me ye Romans not to vnderstand that the Consultation before you is not whether you shall haue Warre or Peace for Philip will take order you shall be no choosers who prepareth a mighty Warre both by Land and Sea but whether you shall transport the Warre into Macedon or receiue it into Italy Antiochus when he incited Prusias King of Bithynia at that time in league with the Romans to ioyne with him in Warre against them setteth before him a iust Feare of the ouerspreading Greatnesse of the Romans comparing it to a Fire that continually tooke and spread from Kingdome to Kingdome Venire Romanos ad omnia Regna tollenda vt nullum vsquam orbis terrarum nisi Romanum imperium esset Philippum Nabin expugnatos se tertium peti Vt quisque proximus ab oppresso sit per omnes velut continens incendium peruasurū That the Romans came to pull downe all Kingdomes and to make the State of Rome an vniuersall Monarchie That Philip and Nabis were already ruinated and now was his turn to be assailed So that as euery State lay next to the other that was oppressed so the fire perpetually grazed Wherein it is well to be noted that towards ambitious States which are noted to aspire to great Monarchies and to seeke vpon all occasions to enlarge their Dominions Crescunt Argumenta iusti Metus All particular feares doe grow and multiply out of the Contemplation of the generall Courses and Practice of such States Therefore in Deliberations of Warre against the Turke it hath beene often with great iudgement maintained That Christian Princes and States haue alwayes a sufficient Ground of Inuasiue Warre against the Enemie Not for Cause of Religion but vpon a iust Feare Forasmuch as it is a Fundamentall Law in the Turkish Empire that they may without any other prouocation make warre vpon Christendome for the Propagation of their Law So that there lieth vpon the Christians a perpetuall Feare of a Warre hanging ouer their heads from them And therefore they may at all times as they thinke good be vpon the Preuention Demosthenes exposeth to scorne Wars which are not Preuentiue comparing those that make them to country Fellowes in a Fence Schoole that neuer ward till the blow be past Vt Barbari Pugiles dimicare solent ita vos bellum geritis cum Philippo Ex his enim is qui ictus est ictui semper inhaeret Quod si eum alibi verberes illò manus transfert Ictum autem depellere aut prospicere neque scit neque vult As Country Fellowes vse to doe when they play at Wasters such a kinde of warre doe you Athenians make with Philip For with them hee that gets a blow streight falleth to ward when the blow is past And if you strike him in another place thither goes his hand likewise But to put by or foresee a blow they neither haue the skill northe will Clinias the Candian in Plato speaks desperately and wildly As if there were no such thing as Peace betweene Nations But that euery Nation expects but his aduantage to Warre vpon another But yet in that Excesse of Speech there is thus much that may haue a ciuill Construction Namely that euery State ought to stand vpon his guard and rather preuent than be preuented His words are Quam rem ferè vocant Pacem nudum inane Nomen est Reuera autem omnibus aduersus omnes Ciuitates bellum sempiternum perdurat That which Men for the most part call Peace is but a naked and empty Name But the truth is that there is euer betweene all Estates a secret Warre I know well this Speech is the Obiection and not the Decision and that it is after refuted But yet as I said before it beares thus much of Truth That if that generall Malignity and Predisposition to Warre which hee vntruly figureth to be in all Nations be produced and extended to a iust Feare of being oppressed then it is no more a true Peace but a Name of a Peace As for the Opinion of Iphicrates the Athenian it demands not so much towards a Warre as a iust Feare But rather commeth neare the Opinion of Clinias As if there were euer amongst Nations a Brooding of a War and that there is no sure League but Impuissance to doe hurt For he in the Treaty of Peace with the Lacedemonians speaketh plaine language Telling them there could be no true and secure Peace except the Lacedemonians yeelded to those things which being granted it would be no longer in their power to hurt the Athenians though they would And to say truth if one marke it well this was in all Memory the maine peece of Wisdome in strong and prudent Counsels To bee in perpetuall watch that the States about them should neither by Approach nor by Encrease of Dominion nor by Ruining Confederates nor by blocking of Trade nor by any the like meanes haue it in their power to hurt or annoy the States they serue And whensoeuer any such Cause did but appeare straight-wayes to buy it out with a Warre and neuer to take vp Peace at credit and vpon Interest It is so memorable as it is yet as fresh as if it were done yesterday how that Triumuirate of Kings Henry the eight of England Francis the first of France and Charles the fifth Emperour and King of Spaine were in their times so prouident as scarce a Palme of Ground could bee gotten by either of the Three but that the other Two would be sure to doe their best to set the Ballance of Europe vpright againe And the like diligence was vsed in the Age before by
followed immediately after the Defeat a present yeelding vp of the Towne by Composition And not only so but an Auoiding by expresse Articles of Treaty accorded of all other Spanish Forces thorowout all Ireland from the Places and Nests where they had setl●d themselues in greater strength as in regard of the naturall Situation of the Places than that was of Kinsale Which were Castle-hauen Baltimore and Beere-hauen Indeed they went away with sound of Trumpet For they did nothing but publish and trumpet all the Reproaches they could deuise against the Irish Land and Nation Insomuch as D' Aquila said in open Treaty That when the Deuill vpon the Mount did shew Christ all the Kingdomes of the Earth and the Glory of them hee did not doubt but the Deuill left out Ireland and kept it for himselfe I cease here omitting not a few other Proofes of the English Valour and Fortune in these later times As at the Suburbs of Paris at the Raueline at Druse in Normandy some Encounters in Britanny and at Ostend and diuers others Partly because some of them haue not beene proper Encounters between the Spaniards and the English And partly because Others of them haue not beene of that greatnesse as to haue sorted in company with the Particulars formerly recited It is true that amongst all the late Aduentures the Voyage of Sir Francis Drake and Sir Iohn Hawkins into the West-Indies was vnfortunate Yet in such sort as it doth not breake or interrupt our Prescription To haue had the better of the Spaniards vpon all fights of late For the Disaster of that Iourney was caused chiefly by sicknesse As might well appeare by the Deaths of both the Generals Sir Francis Drake and Sir Iohn Hawkins of the same sicknesse amongst the rest The Land Enterprise of Panama was an ill measured and immature Counsell For it was grounded vpon a false account that the Passages towards Panama were no better fortified than Drake had left them But yet it sorted not to any Fight of importance but to a Retreit after the English had proued the strength of their first Fort and had notice of the two other Forts beyond by which they were to haue marched It is true that in the Returne of the English Fleet they were set vpon by Auellaneda Admirall of 20. great ships Spanish our Fleet being but 14 full of sicke men depriued of their two Generalls by Sea and hauing no pretence but to iourny homewards And yet the Spaniards did but salute them about the Cape de los Corientes with some small offer of Fight and came off with losse Although it was such a new thing for the Spaniards to receiue so little hurt vpon dealing with the English as Auellaneda made great bragges of it for no greater matter than the waiting vpon the English afarre off from Cape de los Corientes to Cape Antonio Which neuerthelesse in the Language of a Souldier and of a Spaniard hee called a Chace But before I proceed further it is good to meet with an Obiection which if it bee not remoued the Conclusion of Experience from the time past to the time present will not bee sound and perfect For it will be said that in the former times whereof wee haue spoken Spaine was not so mighty as now it is And England on the other side was more aforehand in all matters of Power Therefore let vs compare with indifferency these Disparities of times and we shall plainly perceiue that they make for the aduantage of England at this present time And because we will lesse wander in Generalities we wil six the Comparison to precise Times Comparing the State of Spaine and England in the yeare 88. with this present yeare that now runneth In handling this Point I will not meddle with any Personall Comparisons of the Princes Counsellors and Commanders by Sea or Land that were then and that are now in both Kingdomes Spaine and England But only rest vpon Reall Points for the true Ballancing of the State of the Forces and Affaires of both Times And yet these Personall Comparisons I omit not but that I could euidently shew that euen in these Personall Respects the Ballance swayes on our part But because I would say nothing that may sauour of a spirit of Flattery or Censure of the presen Gouernment First therefore it is certaine that Spaine hath not now a foot of Ground in quiet possession more than it had in 88. As for the Valtoline and the Palatinate it is a Maxime in State that all Countries of new Acquest till they be setled are rather Matters of Burthen than of Strength On the other side England hath Scotland vnited and Ireland reduced to obedience and planted which are mighty Augmentations Secondly in 88 the Kingdome of France able alone to counterpoize Spaine it selfe much more in coniunction was torne with the Party of the League which gaue law to their King and depended wholly vpon Spaine Now France is vnited vnder a valiant young King generally obeyed if he will himselfe King of Nauarre as well as of France And that is no wayes taken Prisoner though he be tied in a double chaine of Alliance with Spaine Thirdly in 88 there sate in the See of Rome a fierce Thundring Frier that would set all at six and seuen Or at six and fiue if you allude to his Name And though hee would after haue turned his teeth vpon Spaine yet he was taken order with before it came to that Now there is ascended to the Papacy a Personage that came in by a chaste Election no wayes obliged to the Party of the Spaniards A man bred in Ambassages Affaires of State That hath much of the Prince and nothing of the Frier And one that though he loue the Chaire of the Papacy well yet hee loueth the Carpet aboue the Chaire That is Italy and the Liberties thereof well likewise Fourthly in 88 the King of Denmarke was a stranger to England and rather inclined to Spaine Now the King is incorporated to the Bloud of England and Engaged in the Quarrell of the Palatinate Then also Venice Sauoy and the Princes and Cities of Germany had but a dull Feare of the Greatnesse of Spaine vpon a generall Apprehension only of the spreading and ambitious Designes of that Nation Now that Feare is sharpened and pointed by the Spaniard● late Enterprises vpon the Valtoline and the Palatinate which come nearer them Fifthly and lastly the Dutch which is the Spaniards perpetuall Duellist hath now at this present fiue Ships to one and the like Proportion in Treasure and Wealth to that they had in 88. Neither is it possible whatsoeuer is giuē out that the Cofers of Spain should now bee fuller than they were in 88. For at that Time Spaine had no other Warres saue those of the Low-Countries which were growne into an Ordinary Now they haue had coupled therewith the Extraordinary of the Valtoline and the Palatinate And so I conclude my
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 AN OFFER TO OVR LATE Soueraigne King IAMES OF A DIGEST TO BE MADE OF THE Lawes of ENGLAND LONDON ¶ Printed by IOHN HAVILAND for Humphrey Robinson 1629. To the King OF A DIGEST TO BE MADE of the Lawes of ENGLAND Most Excellent Soueraigne AMongst the Degrees and Acts of Soueraigne or rather Heroicall Honour the First or Second is the Person and Merit of a Law-giuer Princes that gouerne well are Fathers of the People But if a Father breed his Sonne well or allow him well while he liueth but leaue him nothing at his death whereby both He and his Children and his Childrens Children may be the better Surely the Care and Piety of a Father is not in him compleat So Kings if they make a Portion of an Age happy by their good Gouernment yet if they doe not make Testaments as God Almighty doth whereby a Perpetuity of Good may descend to their Country they are but Mortall and Transitorie Benefactors Domitian a few dayes before he died dream't that a Golden Head did rise vpon the nape of his Necke Which was truly performed in the Golden Age that followed his times for fiue Successions But Kings by giuing their Subiects good Lawes may if they will in their owne time ioyne and