reign of women, for that is supplied by counsel, | not only as lawful, but as meritorious even of and subordinate magistrates masculine, but where divine honours; and this although the deliverer the regiment of state justice, families, is all ma- came from the one end of the world unto the naged by women. And yet this last case differ- other. Let us now set down some arguments to eth from the other before, because in the rest there prove the same; regarding rather weight than is terror of danger, but in this there is only error of number, as in such a conference as this is fit. nature. Neither should I make any great diffi- The first argument shall be this. It is a great culty to affirm the same of the sultanry of the error, and a narrowness or straitness of mind, if Mamelukes; where slaves, and none but slaves, any man think that nations have nothing to do bought for money, and of unknown descent, one with another, except there be either a union reigned over families of freemen. And much like in sovereignty, or a conjunction in pacts or leagues. were the case if you suppose a nation, where the There are other bands of society, and implicit concustom were, that after full age the sons should federations. That of colonies, or transmigrants, expulse their fathers and mothers out of their pos- towards their mother nation. “Gentes unius labii” sessions, and put them to their pensions: for these is somewhat; for as the confusion of tongues was cases, of women to govern men, sons the fathers, a mark of separation, so the being of one language slaves freemen, are much in the same degree; all is a mark of union. To have the same fundamental being total violations and perversions of the laws laws and customs in chief, is yet more, as it was of nature and nations. For the West Indies, I between the Grecians in respect of the barbarians. perceive, Martius, you have read Garcilazzo de❘ To be of one sect or worship; if it be a false worViega, who himself was descended of the race of ship, I speak not of it, for that is but "fratres in the Incas, a Mestizo, and is willing to make the best of the virtues and manners of his country and yet in troth he doth it soberly and credibly enough. Yet you shall hardly edify me, that those nations might not by the law of nature have been subdued by any nation that had only policy and moral virtue; though the propagation of the faith, whereof we shall speak in the proper place, were set by, and not made part of the case. Surely their nakedness, being with them, in most parts of that country, without all veil or covering, was a great defacement; for in the acknowledgment of nakedness was the first sense of sin; and the heresy of the Adamites was ever accounted an affront of nature. But upon these I stand not: nor yet upon their idiocy, in thinking that horses did eat their bits, and letters speak, and the like; nor yet upon their sorceries, which are, almost, common to all idolatrous nations. But, I say, their sacrificing, and more especially their eating of men, is such an abomination, as, methinks, a man's face should be a little confused, to deny that this custom, joined with the rest, did not make it lawful for the Spaniards to invade their territory, forfeited by the law of nature; and either to reduce them or displant them. But far be it from me, yet, nevertheless, to justify the cruelties which were at first used towards them: which had their reward soon after, there being not one of the principal of the first conquerors, but died a violent death himself; and was well followed by the deaths of many more. Of examples enough: except we should add the labours of Hercules; an example, which though it be flourished with much fabulous matter, yet so much it hath, that it doth notably set forth the consent of all nations and ages, in the approbation of the extirpating and debellating of giants, monsters, and foreign tyrants, malo." 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? No, it is against such routs and shoals of people, as have utterly degenerated 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 interested, 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 massa una :" 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.] THE LORD BACON'S QUESTIONS ABOUT THE LAWFULNESS OF A WAR FOR THE PROPAGATING OF RELIGION. Questions wherein I desire opinion joined with arguments and authorities. WHETHER a war be lawful against infidels, only for the propagation of the Christian faith, without other cause of hostility? Whether a war be lawful to recover to the church countries which formerly have been Christian, though now alienate, and Christians utterly extirpated? Whether a war be lawful for the restoring and purging of the Holy Land, the sepulchre, and other principal places of adoration and devotion? Whether, in the cases aforesaid, it be not obligatory to Christian princes to make such a war, and not permissive only? Whether the making of a war against the infidels be not first in order of dignity, and to be Whether a war be lawful, to free and deliver preferred before extirpations of heresies, reconcileChristians that yet remain in servitude and sub-ments of schisms, reformation of manners, purjection to infidels? Whether a war be lawful in revenge, or vindication, of blasphemy, and reproaches against the Deity and our Saviour? Or for the ancient effusion of Christian blood, and cruelties upon Christians? suits of just temporal quarrels, and the like actions for the public good; except there be either a more urgent necessity, or a more evident facility in those inferior actions, or except they may both go on together in some degree? 444 MISCELLANEOUS. MR. BACON'S DISCOURSE IN THE PRAISE OF HIS SOVEREIGN. No praise of magnanimity, nor of love, nor of | wars, left her to make her own peace; one that knowledge, can intercept her praise, that planteth | could never be by any solicitation moved to renew and nourisheth magnanimity by her example, love the treaties; and one that since hath proceeded by her person, and knowledge by the peace and from doubtful terms of amity to the highest acts serenity of her times. And if these rich pieces be of hostility. Yet, notwithstanding the opposition so fair unset, what are they set, and set in all per- so great, the support so weak, the season so imfection? Magnanimity no doubt consisteth in proper; yet, I say, because it was a religion contempt of peril, in contempt of profit, and in wherein she was nourished and brought up; a meriting of the times wherein one liveth. For religion that freed her subjects from pretence of contempt of peril, see a lady that cometh to a foreign powers, and indeed the true religion; she crown after the experience of some adverse fortune brought to pass this great work with success which for the most part extenuateth the mind, worthy so noble a resolution. See a queen that, and maketh it apprehensive of fears. No sooner when a deep and secret conspiracy was plotted she taketh the sceptre into her sacred hands, but against her sacred person, practised by subtile inshe putteth on a resolution to make the greatest, struments, embraced by violent and desperate the most important, the most dangerous that can humours, strengthened and bound by vows and be in a state, the alteration of religion. This she sacraments, and the same was revealed unto her, doth, not after a sovereignty established and con- (and yet the nature of the affairs required further tinued by sundry years, when custom might have ripening before the apprehension of any of the bred in her people a more absolute obedience; parties,) was content to put herself into the guard when trial of her servants might have made her of the divine providence, and her own prudence, more assured whom to employ: when the reputa- to have some of the conspirators in her eyes, to tion of her policy and virtue might have made her suffer them to approach to her person, to take a government redoubted: but at the very entrance petition of the hand that was conjured for her of her reign, when she was green in authority, death; and that with such majesty of countenance, her servants scant known unto her, the adverse such mildness and serenity of gesture, such art and part not weakened, her own part not confirmed. impression of words, as had been sufficient to Neither doth she reduce or reunite her realm to have repressed and bound the hand of a conspirator, the religion of the states about her, that the evil if he had not been discovered. Lastly, see a queen, inclination of the subject might be countervailed that when her realm was to have been invaded by by the good correspondence in foreign parts: but, an army, the preparation whereof was like the contrariwise, she introduceth a religion extermi-travel of an elephant, the provisions were infinite, nated and persecuted both at home and abroad. Her the setting forth whereof was the terror and wonproceeding herein is not by degrees and by stealth, der of Europe; it was not seen that her cheer, her but absolute and at once. Was she encouraged fashion, her ordinary manner was any thing alterthereto by the strength she found in leagues and ed: not a cloud of that storm did appear in that alliances with great and potent confederates? countenance wherein peace doth ever shine; but No, but she found her realm in wars with her with excellent assurance, and advised security, nearest and mightiest neighbours. She stood she inspired her council, animated her nobility, single and alone, and in league only with one, redoubled the courage of her people, still having that after the people of her nation had made his this noble apprehension, not only that she would 2 P 445 communicate her fortune with them, but that it was she that would protect them, and not they her which she testified by no less demonstration than her presence in camp. Therefore, that magnanimity that neither feareth greatness of alteration, nor the views of conspirators, nor the power of enemy, is more than heroical. For contempt of profit, consider her offers, consider her purchases. She hath reigned in a most populous and wealthy peace, her people greatly multiplied, wealthily appointed, and singularly devoted. She wanted not the example of the power of her arms in the memorable voyages and invasions prosperously made and achieved by sundry her noble progenitors. She had not wanted pretences, as well as of claim and right, as of quarrel and revenge. She hath reigned during the minority of some of her neighbour princes, and during the factions and divisions of their people upon deep and irreconcilable quarrels, and during the embracing greatness of some one that hath made himself so weak through too much burden, as others are through decay of strength; and yet see her sitting, as it were, within the compass of her sands. Scotland, that doth, as it were, eclipse her island; the United Provinces of the Low Countries, which, for wealth, commodity of traffic, affection to our nation, were most meet to be annexed to this crown; she left the possession of the one, and refused the sovereignty of the other: so that notwithstanding the greatness of her means, the justness of her pretences, and the rareness of her opportunity, she hath continued her first mind, she hath made the possessions which she received the limits of her dominions, and the world the limits of her name, by a peace that hath stained all victories. For her merits, who doth not acknowledge, that she hath been as a star of most fortunate influence upon the age wherein she hath shined? Shall we speak of merit of clemency? or merit of beneficence? Where shall a man take the most proper and natural trial of her royal clemency? Will it best appear in the injuries that were done unto her before she attained the crown? or after she is seated in her throne? or that the commonwealth is incorporated in her person? Then clemency is drawn in question, as a dangerous encounter of justice and policy. And, therefore, who did ever note, that she did relent, after that she was established in her kingdom, of the wrongs done unto her former estate? Who doth not remember how she did revenge the rigour and rudeness of her jailor by a word, and that no bitter but salt, and such as showed rather the excellency of her wit than any impression of her wrong? Yea, and further, is it not so manifest, that since her reign, notwithstanding the principle that princes should not neglect, "That the commonwealth's wrong is included in them selves;" yet, when it is question of drawing the sword, there is ever a conflict between the justice of her place, joined with the necessity of her state and her royal clemency, which as a sovereign and precious balm continually distilleth from her fair hands, and falleth into the wounds of many that have incurred the offence of her law. Now, for her beneficence, what kind of persons have breathed during her most happy reign, but have had the benefit of her virtues conveyed unto them? Take a view, and consider whether they have not extended to subjects, to neighbours, to remote strangers, yea, to her greatest enemies. For her subjects, where shall we begin in such a maze of benefits as presenteth itself to remembrance? Shall we speak of the purging away of the dross of religion, the heavenly treasure; or that of money, the earthly treasure? The greater was touched before, and the latter deserveth not to be forgotten. For who believeth not, that knoweth any thing in matter of estate, of the great absurdities and frauds that arise of divorcing the legal estimation of moneys from the general, and, as I may term it, natural estimation of metals, and again of the uncertainty and wavering values of coins, a very laybrinth of cousenages and abuse, yet such as great princes have made their profit of towards their own people. Pass on from the mint to the revenue and receipts: there shall you find no raising of rents, notwithstanding the alteration of prices and the usage of the times; but the over value, besides a reasonable fine left for the relief of tenants and the reward of servants; no raising of customs, notwithstanding her continual charges of setting to the sea; no extremity taken of for feiture and penal laws, means used by some kings for the gathering of great treasures. A few forfeitures, indeed, not taken to her own purse, but set over to some others for the trial only, whether gain could bring those laws to be well executed, which the ministers of justice did neglect. But after it was found, that only compassions were used, and the law never the nearer the execution, the course was straight suppressed and discontinued. Yea, there have been made laws more than one in her time for the restraint of the vexation of informers and promoters: nay, a course taken by her own direction for the repealing of all heavy and snared laws, if it had not been crossed by those to whom the benefit should have redounded. There shall you find, no new taxes, impositions, nor devices; but the benevolence of the subject freely offered by assent of parliament, according to the ancient rates, and with great moderation in assessment; and not so only, but some new forms of contribution offered likewise by the subject in parliament; and the demonstration of their devotion only accepted, but the thing never put in ure. There shall you find loans, but honourably answered and paid, as it were the contract of a private man. To conclude, there shall "Condit quisque diem collibus in suis." The opulency of the peace such as, if you have respect, to take one sign for many, to the number of fair houses that have been built since her reign, as Augustus said, "that he had received the city of brick, and left it of marble;" so she may say, she received it a realm of cottages, and hath made it a realm of palaces: the state of traffic great and rich: the customs, notwithstanding these wars and interruptions, not fallen: many profitable trades, many honourable discoveries: and, lastly, to make an end where no end is, the shipping of this realm so advanced and made so mighty and potent, as this island is become, as the natural site thereof deserved, the lady of the sea; a point of so high consequence, as it may be truly said, that the commandment of the sea is an abridgment or a quintessence of a universal monarchy. you find moneys levied upon failts of lands, alien- | Or that other, ation, though not of the ancient patrimony, yet of the rich and commodious purchases and perquisites of the crown only, because she will not be grievous and burdensome to the people. This treasure, so innocently levied, so honourably gathered and raised, with such tenderness to the subject, without any baseness or dryness at all, how hath it been expended and employed? Where be the wasteful buildings, and the exorbitant and prodigal donatives, the sumptuous dissipations in pleasures, and vain ostentations which we find have exhausted the coffers of so many kings? It is the honour of her house, the royal remunerating of her servants, the preservation of her people and state, the protection of her suppliants and allies, the encounter, breaking, and defeating the enemies of her realm, that hath been the only pores and pipes whereby the treasure hath issued. Hath it been the sinews of a blessed and prosperous peace? Hath she bought her peace? Hath she lent the King of Spain money This and much more hath she merited of her upon some cavillation not to be repeated, and so subjects: now to set forth the merit of her neighbought his favour? And hath she given large bours and the states about her. It seemeth the pensions to corrupt his council? No, but she things have made themselves purveyors of conhath used the most honourable diversion of trou- | tinual, new, and noble occasions for her to show bles that can be in the world. She hath kept the them benignity, and that the fires of troubles fire from her own walls by seeking to quench it in abroad have been ordained to be as lights and her neighbours. That poor brand of the state of tapers to make her virtue and magnanimity more Burgundy, and that other of the crown of France apparent. For when that one, stranger born, the that remaineth, had been in ashes but for the family of Guise, being as a hasty weed sprung ready fountain of her continual benignity. For up in a night, had spread itself to a greatness, the honour of her house it is well known, that not civil but seditious; a greatness, not of almost the universal manners of the times doth encounter of the ancient nobility, not of preincline to a certain parsimony and dryness in that eminency in the favour of kings, and not remiss kind of expense; yet she retaineth the ancient of affairs from kings; but a greatness of innovamagnificence, the allowance as full, the charge tion in state, of usurpations of authority, of greater than in time of her father, or any king affecting of crowns; and that accordingly, under before; the books appear, the computation will colour of consanguinity and religion, they had not flatter. And for the remunerating and reward- brought French forces into Scotland, in the abing of her servants, and the attendance of the sence of their king and queen being within their court, let a man cast and sum up all the books of usurped tutele; and that the ancient nobility of gifts, fee-farms, leases, and custodies that have this realm, seeing the imminent danger of repassed her bountiful hands. Let him consider, ducing that kingdom under the tyranny of foagain, what a number of commodious and gainful reigners and their faction, had, according to the offices, heretofore bestowed upon men of other good intelligence betwixt the two crowns, prayed education and profession, have been withdrawn her neighbourly succours: she undertook the and conferred upon her court. Let him remem-action, expelled the strangers, restored the nobiber what a number of other gifts, disguised by lity to their degree. And, lest any man should other names, but, in effect, as good as money given out of her coffers, have been granted by her; and he will conclude, that her royal mind is far above her means. The other benefits of her politic, clement, and gracious government towards the subjects are without number; the state of justice good, notwithstanding the great subtility and humorous affections of these times; the security of peace greater than can be described by that verse; "Tutus bos etenim rura perambulat: Nutrit rura Ceres, almaque Faustitas." think her intent was to unnestle ill neighbours, and not to aid good neighbours, or that she was readier to restore what was invaded by others than to render what was in her own hands; see if the time provided not a new occasion afterwards, when, through their own divisions, without the intermise of strangers, her forces were again sought and required; she forsook them not, prevailed so far as to be possessed of the castle of Edinburgh, the principal strength of that kingdom, with peace, incontinently, without cunctations or cavillations, the preambles of a |