in armour.

MARTIUS. It is true, Eupolis, that | amongst reasonable souls: but that whatsoever is the principal object which I have before mine in order to the greatest and most general good of eyes, in that whereof I speak, is piety and religion. people, may justify the actions, be the people more But, nevertheless, if I should speak only as a or less civil. But, Eupolis, I shall not easily natural man, I should persuade the same thing. grant, that the people of Peru or Mexico were For there is no such enterprise, at this day, for such brute savages as you intend; or that there secular greatness, and terrene honour, as a war should be any such difference between them, and upon infidels. Neither do I in this propound a many of the infidels which are now in other parts. novelty, or imagination, but that which is proved In Peru, though they were unparalleled people, by late examples of the same kind, though per- according to the clime, and had some customs haps of less difficulty. The Castilians, the age very barbarous, yet the government of the Incas before that wherein we live, opened the new had many parts of humanity and civility. They world; and subdued and planted Mexico, Peru, had reduced the nations from the adoration of a Chili, and other parts of the West Indies. We multitude of idols and fancies, to the adoration of see what floods of treasure have flowed into the sun. And, as I remember, the book of wisEurope by that action; so that the cense or rates dom noteth degrees of idolatry; making that of of Christendom are raised since ten times, yea, worshipping petty and vile idols more gross than twenty times told. Of this treasure, it is true, the simply the worshipping of the creature. And gold was accumulated, and store treasure, for the some of the prophets, as I take it, do the like, in most part: but the silver is still growing. Be- the metaphor of more ugly and bestial fornicasides, infinite is the access of territory and empire, tion. The Peruvians also, under the Incas, had by the same enterprise. For there was never a magnificent temples of their superstition; they hand drawn, that did double the rest of the habi- had strict and regular justice; they bare great table world, before this; for so a man may truly faith and obedience to their kings; they proceeded term it, if he shall put to account, as well that in a kind of martial justice with their enemies, that is, as that which may be hereafter, by the offering them their law, as better for their own farther occupation and colonizing of those coun- good, before they draw their sword. And much tries. And yet it cannot be affirmed, if one speak like was the state of Mexico, being an elective ingenuously, that it was the propagation of the monarchy. As for those people of the east, Goa, Christian faith that was the adamant of that dis- Calacute, Malacca, they were a fine and dainty covery, entry, and plantation; but gold and silver, people; frugal and yet elegant, though not miliand temporal profit and glory; so that what was tary. So that, if things be rightly weighed, the first in God's providence, was but the second in empire of the Turks may be truly affirmed to be man's appetite and intention. The like may be more barbarous than any of these. A cruel tyransaid of the famous navigations and conquests of ny, bathed in the blood of their emperors upon Emanuel, King of Portugal, whose arms began to every succession; a heap of vassals and slaves; circle Afric and Asia; and to acquire, not only no nobles; no gentlemen; no freemen; no inheritthe trade of spices, and stones, and musk, and ance of land; no stirp or ancient families; a drugs, but footing, and places, in those extreme people that is without natural affection; and, as parts of the east. For neither in this was religion the Scripture saith, that "regardeth not the desires the principal, but amplification and enlargement of women:" and without piety, or care towards of riches and dominion. And the effect of these their children: a nation without morality, without two enterprises is now such, that both the East letters, arts, or sciences; that can scarce measure and the West Indies being met in the crown of an acre of land, or an hour of the day: base and Spain, it is come to pass, that, as one saith in a sluttish in buildings, diets, and the like; and, in a brave kind of expression, the sun never sets in word, a very reproach of human society and yet the Spanish dominions, but ever shines upon one this nation hath made the garden of the world a part or other of them: which, to say truly, is a wilderness; for that, as it is truly said concerning beam of glory, though I cannot say it is so solid the Turks, where Ottoman's horse sets his foot, a body of glory, wherein the crown of Spain people will come up very thin. surpasseth all the former monarchies. So as, to conclude, we may see, that in these actions, upon gentiles or infidels, only or chiefly, both the spiritual and temporal honour and good have been in one pursuit and purchase conjoined. POLLIO. Methinks, with your favour, you should remember, Martius, that wild and savage people are like beasts and birds, which are "feræ naturæ," the property of which passeth with the possession, and goeth to the occupant; but of civil people, it MARTIUS. I know no such difference

is not so.

POLLIO. Yet, in the midst of your invective, Martius, do the Turks this right, as to remember that they are no idolaters: for if, as you say, there be a difference between worshipping a base idol, and the sun, there is a much greater difference between worshipping a creature and the Creator. For the Turks do acknowledge God the Father, creator of heaven and earth, being the first person in the Trinity, though they deny the rest. At which speech, when Martius made some pause, Zebedæus replied with a countenance of great

wit of discovery towards what is solid and real, and what is specious and airy, will esteem all this but impossibilities, and eagles in the clouds: and therefore we shall all entreat him to crush this argument with his best forces: that by the light we shall take from him, we may either cast it away if it be found but a bladder, or discharge it of so much as is vain and not sperable. And because I confess I myself am not of that opinion, although it be a hard encounter to deal with Pollio, yet, I shall do my best to prove the enterprise possible; and to show how all impediments may be either removed or overcome. And then it will be fit for Martius, if we do not desert it before, to resume his farther discourse, as well for the persuasive, as for the consult, touching the means, preparations, and all that may conduce unto 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 defer it till the next morning. Only Pollio said;

POLLIO. You take me right, Eupolis, for I am of opinion, that, except you could bray Christendom in a mortar, and mould it into a new paste, there is no possibility of a holy war. And I was ever of opinion, that the philosopher's stone, and a holy war, were but the rendezvous of cracked

reprehension and severity. ZEBEDEUS. We must take heed, Pollio, that we fall not at unawares into the heresy of Manuel Comnenus, Emperor of Græcia, who affirmed, that Mahomet's God was the true God: which opinion was not only rejected and condemned by the synod, but imputed to the emperor as extreme madness; being reproached to him also by the Bishop of Thessalonica, in those bitter and strange words, as are not to be named. MARTIUS. I confess that it is my opinion, that a war upon the Turk is more worthy than upon any other gentiles, infidels, or savages, that either have been, or now are, both in point of religion, and in point of honour; though facility, and hope of success, might, perhaps, invite some other choice. But before I proceed, both myself would be glad to take some breath; and I shall frankly desire, that some of your lordships would take your turn to speak, that can do it better. But, chiefly, for that I see here some that are excellent interpreters of the divine law, though in several ways; and that I have reason to distrust mine own judgment, both as weak in itself, and as that which may be overborne by my zeal and affection to this cause. I think it were an error to speak farther, till I may see some sound foundation laid of the lawfulness of the action, by them that are better versed in that argument. EUPOLIS. I am glad, Martius, to see in a person of your profession so great moderation, in that you are not trans-brains, that wore their feather in their head instead ported in an action that warms the blood, and is appearing holy, to blanch or take for admitted the point of lawfulness. And because, methinks, this conference prospers, if your lordships will give me leave, I will make some motion touching the distribution of it into parts. Unto which when they all assented, Eupolis said: EUPOLIS. I think it would not sort amiss, if Zebedæus would be pleased to handle the question, Whether a war for the propagation of the Christian faith, without other cause of hostility, be lawful or no, and in what cases? I confess also I would be glad to go a little farther, and to hear it spoken to concerning the lawfulness, not only permissively, but whether it be not obligatory to Christian princes and states to design it; which part, if it please Gamaliel to undertake, the point of the lawfulness taken simply will be complete. Yet, there resteth the comparative: that is, it being granted, that it is either lawful or binding, yet, whether other things be not be preferred before it; as extirpation of heretics, reconcilements of schisms, pursuits of lawful temporal rights and quarrels, and the like; and how far this enterprise ought either to wait upon these other matters, or to be mingled with them, or to pass by them, and give law to them, as inferior unto itself? And because this is a great part, and Eusebius hath yet said nothing, we will by way of mulet or pain, if your lordships think good, lay it upon him. All this while, I doubt much that Pollio, who hath a sharp

of their hat. Nevertheless, believe me of courtesy, that if you five shall be of another mind, especially after you have heard what I can say, I shall be ready to certify with Hippocrates, that Athens is mad, and Democritus is only sober. And, lest you shall take me for altogether adverse, I will frankly contribute to the business now at first. Ye, no doubt, will amongst you devise and discourse many solemn matters: but do 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 years, between fifty and threescore; and see that he take the name of Urban, because a pope of that name did first institute the croisado, and, as with a holy trumpet, did stir up the voyage for the Holy Land. EUPOLIS. 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 speeches from Pollio, how the war was already begun; for that, he said, he had dreamt of nothing but Janizaries, and Tartars, and sultans all the night long: Martius said. MARTIUS. The distribution of this conference, which was made by Eupolis yesternight, and was by us approved, seemeth to me perfect, save 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

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 utterly alienated, and no Christians left; it be not lawful to make a war to restore them to the church, as an ancient patrimony of Christ? Thirdly, if it be made a farther part of the case, that there are yet remaining in the countries multitudes of Christians, whether it be not lawful to make a war to free them, and deliver them from the servitude of the infidels? Fourthly, whether it be not lawful to make a war for the purging and recovery of consecrated places, being now polluted and profaned: as the holy city and sepulchre, and such other places of principal adoration and devotion? Fifthly, whether it be not lawful to make a war for the revenge or vindication of blasphemies and reproaches against the Deity and our blessed Saviour; or for the effusion of Christian blood, and cruelties against Christians, though ancient and long since past; considering that God's visits are without limitation of time; and many times do but expect the fulness of the sin? Sixthly, it is

shall deduce the particulars of the means and manner by which it is to be achieved. Now I have often observed in deliberations, that the entering near hand into the manner of performance, and execution of that which is under deliberation, hath quite overturned the opinion formerly conceived, of the possibility or impossibility. So that things that, at the first show, seemed possible, by ripping up the performance of them, have been convicted of impossibility; and things that on the other side have showed impossible, by the declaration of the means to effect them, as by a back light, have appeared possible, the way through them being discerned. This I speak not to alter the order, but only to desire Pollio and Eupolis not to speak peremptorily, or conclusively, touching the point of possibility, till they have heard me deduce the means of the execution: and that done, to reserve themselves at liberty for a reply, after they had before them, as it were, a model of the enterprise. This grave and solid advertisement and caution of Martius was much commended by them all. Whereupon Eupolis said: EUPOLIS. Since Martius hath begun to refine that which was yesternight resolved: I may the better | to be considered, as Eupolis now last well rememhave leave, especially in the mending of a proposition, which was mine own, to remember an omission which is more than a misplacing. For I doubt we ought to have added or inserted into the point of lawfulness, the question, how far a holy war is to be pursued, whether to displanting and extermination of people? And, again, whether to enforce a new belief, and to vindicate or punish infidelity; or only to subject the countries and people; and so by the temporal sword to open a door for the spiritual sword to enter, by persuasion, instruction, and such means as are proper for souls and consciences? But it may be, neither is this necessary to be made a part by itself; for that Zebedæus, in his wisdom, will fall into it as an incident to the point of lawfulness, which cannot be handled without limitations and distinctions. ZEBEDEUS. You encourage me, Eupolis, in that I perceive how, in your judgment, which I do so much esteem, I ought to take that course, which of myself I was purposed to do. For as Martius noted well, that it is but a loose thing to speak of possibilities, without the particular designs; so is it to speak of lawfulness without the particular cases. I will therefore first of all distinguish the cases; though you shall give me leave, in the handling of them, not to sever them with too much preciseness; for both it would cause needless length; and we are not now in arts or methods, but in a conference. It is, therefore first to be put to question in general, as Eupolis propounded it, whether it be lawful for Christian princes or states to make an invasive war, only and simply for the propagation of the faith, without other cause of hostility, or circumstance that may provoke and induce the war?

bered, whether a holy war, which, as in the worthiness of the quarrel, so in the justness of the prosecution, ought to exceed all temporal wars, may be pursued, either to the expulsion of people, or the enforcement of consciences, or the like extremes; or how to be moderated and limited; lest whilst 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 war against the Turk: which point, I think, would not have come into my thought, but that Martius giving us yesterday a representation of the empire of the Turks, with no small vigour of words, which you, Pollio, called an invective, but indeed a true charge, did put me in mind of it: and the more I think upon it, the more I settle in opinion, that a war to suppress that empire, though we set aside the cause of religion, were a just war. After Zebedæus had said this, he made a pause, to see whether any of the rest would say any thing: but when he perceived nothing but silence, and signs of attention to that he would farther say, he proceeded thus:

ZEBEDEUS. Your lordships will not look for a treatise from me, but a speech of consultation; and in that brevity and manner will I speak. First, I shall agree, that as the cause of a war ought to be just, so the justice of that cause ought to be evident; not obscure, not scrupulous. For, by the consent of all laws, in capital causes, the evidence must be full and clear: and if so where one man's life is in question, what say we to a war, which is ever the sentence of death upon many? We must beware therefore how we make a Moloch, or a heathen idol, of our blessed

Saviour, in sacrificing the blood of men to him by or the stouter, or the juster nation should govern; an unjust war. The justice of every action con- but in the privative, that where there is a heap sisteth in the merits of the cause, the warrant of of people, though we term it a kingdom or state, the jurisdiction, and the form of the prosecution. that is altogether unable or indign to govern; As for the inward intention, I leave it to the court there it is a just cause of war for another nation, of heaven. Of these things severally, as they that is civil or policed, to subdue them: and this, may have relation to the present subject of a war though it were to be done by a Cyrus or a Cæsar, against infidels; and, namely, against the most that were no Christian. The second mistaking to potent and most dangerous enemy of the faith, the be banished is, that I understand not this of a perTurk; I hold, and I doubt not but I shall make sonal tyranny, as was the state of Rome under a it plain, as far as a sum or brief can make a cause Caligula, or a Nero, or a Commodus: shall the plain, that a war against the Turk is lawful, both nation suffer for that wherein they suffer? But by the laws of nature and nations, and by the law when the constitution of the state, and the fundadivine, which is the perfection of the other two. mental customs and laws of the same, if laws they As for the laws positive and civil of the Romans, may be called, are against the laws of nature and or others whatsoever, they are too small engines nations, then, I say, a war upon them is lawful. I to move the weight of this question. And, there- shall divide the question into three parts. First, fore, in my judgment, many of the late schoolmen, whether there be, or may be any nation or society though excellent men, take not the right way in of men, against whom it is lawful to make a war, disputing this question; except they had the gift without a precedent injury or provocation? Seof Navius, that they could, "cotem novacula condly, what are those breaches of the law of nascindere," hew stones with penknives. First, ture and nations, which do forfeit and divest all for the law of nature. The philosopher Aristotle right and title in a nation to govern? And, thirdly, is no ill interpreter thereof. He hath set many whether those breaches of the law of nature and men on work with a witty speech of "natura | nations be found in any nation at this day? and, dominus," and "natura servus;" affirming ex- namely, in the empire of the Ottomans? For the pressly and positively, that from the very nativity first, I hold it clear that such nations, or states, or some things are born to rule, and some things to society of people, there may be and are. There obey: which oracle hath been taken in divers cannot be a better ground laid to declare this, than senses. Some have taken it for a speech of to look into the original donation of government. ostentation, to entitle the Grecians to an empire Observe it well, especially the inducement, or over the barbarians; which indeed was better preface. Saith God: "Let us make man after our maintained by his scholar Alexander. Some have | own image, and let him have dominion over the taken it for a speculative platform, that reason and nature would that the best should govern; but not in any wise to create a right. But, for my part, I take it neither for a brag, nor for a wish; but for a truth as he limiteth it. For he saith, that if there can be found such an inequality between man and man, as there is between man and beast, or between soul and body, it investeth a right of government: which seemeth rather an impossible case than an untrue sentence. But I hold both the judgment true, and the case possible; and such as hath had, and hath a being, both in particular men and nations. But ere we go farther, let us confine ambiguities and mistakings, that they trouble us not. First, to say that the more capable, or the better deserver, hath such right to govern, as he may compulsorily bring under the less worthy, is idle. Men will never agree upon it, who is the more worthy. For it is not only in order of nature, for him to govern that is the more intelligent, as Aristotle would have it; but there is no less required for government, courage to protect; and, above all, honesty and probity of will to abstain from injury. So fitness to govern is a perplexed business. Some men, some nations, excel in the one ability, some in the other. Therefore the position which I intend, is not in the comparative, that the wiser, VOL II.-56

fishes of the sea, and the fowls of the air, and the beasts of the land, &c." Hereupon De Victoria, and with him some others, infer excellently, and extract a most true and divine aphorism, "Non fundatur dominiumnisi in imagine Dei." Here we have the charter of foundation it is now the more easy to judge of the forfeiture or reseizure. Deface the image, and you divest the right. But what is this image, and how is it defaced? The poor men of Lyons, and some fanatical spirits, will tell you, that the image of God is purity; and the defacement, sin. But this subverteth all government : neither did Adam's sin, or the curse upon it, deprive him of his rule, but left the creatures to a rebellion or reluctation. And, therefore, if you note it attentively, when this charter was renewed unto Noah and his sons, it is not by the words, You shall have dominion; but "Your fear shall be upon all the beasts of the land, and the birds of the air, and all that moveth:" not regranting the sovereignty, which stood firm; but protecting it against the reluctation. The sound interpreters therefore expounded this image of God, of natural reason; which if it be totally or mostly defaced, the right of government doth cease; and if you mark 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 cities, sundry ports, and a great part of the pro