Certaine miscellany vvorks of the Right Honourable Francis Lo. Verulam, Viscount S. Alban. Published by William Rawley ... Bacon, Francis, 1561-1626. This text is an enriched version of the TCP digital transcription A01128 of text S100333 in the English Short Title Catalog (STC 1124). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 177 KB of XML-encoded text transcribed from 88 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A01128 STC 1124 ESTC S100333 99836177 99836177 433 2240866327

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 Early English books online. (EEBO-TCP ; phase 2, no. A01128) Transcribed from: (Early English Books Online ; image set 433) Images scanned from microfilm: (Early English books, 1475-1640 ; 691:06) 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. [10], 166 p. Printed by I. Hauiland for Humphrey Robinson, dwelling at the signe of the three Pigeons in Pauls Church-yard, London : 1629. The first leaf is blank. "Considerations touching a vvarre with Spaine", "An advertisement touching an holy vvarre", "An offer to our late soveraigne King Iames, of a digest to be made of the lawes of England", and "The history of the reigne of King Henry the Eighth" each has separate dated title page; pagination and register are continuous. Reproduction of the original in Cambridge University Library. eng eebo Certaine miscellany vvorks of the Right Honourable Francis Lo. Verulam, Viscount S. Alban. Published by William Rawley ... Bacon, Francis, 1629 176 31302 20 0 0 0 0 0 6.39 B The rate of 6.39 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2012-10 Assigned for keying and markup 2012-10 Keyed and coded from ProQuest page images 2012-11 Sampled and proofread 2012-11 Text and markup reviewed and edited 2013-02 Batch review (QC) and XML conversion

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 .

Written about fiue yeeres since , and inscribed to his MAIESTIE , At that time PRINCE OF WALES .

printer's device of John Haviland

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 ●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 , quàm 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 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 that League , ( wherewith Guicciardine beginneth his Story , and maketh it ( as it were ) the Kalender of the good dayes of Italy , ) which was contracted betweene Ferdinando King of Naples , Lorenzo of Medici Potentate of Florence , and Lodouico Zforza Duke of Milan , designed chiefly against the growing Power of the Venetians ; But yet so , as the Confederates had a perpetuall eye , one vpon another , that none of them should ouertop . To conclude therefore , howsoeuer some Schoolemen , ( otherwise Reuerend Men , yet fitter to guide Penkniues , than Swords , ) seeme precisely to stand vpon it ; That euery Offensiue Warre must be Vltio ; A Reuenge , that presupposeth a precedent Assault or Iniurie ; yet neither doe they descend to this Point , ( which we now handle , ) of a iust Feare ; Neither are they of authority to iudge this Question against all the Presidents of time . For certainly , as long as Men are Men , ( the Sonnes , as the Poets allude , of Prometheus , and not of Epimetheus , ) and as long as Reason is Reason ; A iust Feare will be a iust Cause of a Preuentiue War ; But especially , if it be Part of the Case , that there be a Nation , that is manifestly detected , to aspire to Monarchie , and new Acquests ; Then other States ( assuredly ) cannot be iustly accused , for not staying for the first Blow ; Or for not accepting Poliphemus Courtesie , to be the last that shall be eaten vp .

Nay I obsetue further , that in that passage of Plato , which I cited before , ( and euen in the Tenet of that Person , that beareth the Resoluing Part , and not the Obiecting part , ) a iust Feare is iustified for a Cause of an Inuasiue Warre , though the fame Feare proceed not , from the fault of the forraine State , to bee assailed . For it is there insinuated ; That if a State , out of the distemper of their owne Body , doe feare Sedition and intestine Troubles , to breake out amongst themselues , they may discharge their owne ill Humours , vpon a forraine Warre , for a Cure . And this kind of Cure , was tendred by Iasper Coligni Admirall of France , to Charles the ninth , the French King , when by a viue and forcible perswasion , he moued him to a warre vpon Flanders , for the better Extinguishment of the Ciuill Warres of France ; But neither was that Counsell prosperous ; Neither will I maintaine that Position ; For I will neuer set Politiques against Ethicks ; Especially for that true Ethicks are but as a Handmaid to Diuinity and Religion . Surely , Saint Thomas , ( who had the largest heart of the Schoole Diuines , ) bendeth chiefly his stile against the depraued Passions , which reigne in making Warres , speaking out of S. Augustine ; Nocendi Cupiditas , vlciscendi Crudelitas , implacatus & implacabilis Animus , Feritas Rebellandi , Libido Dominandi , & si quae sunt similia , haec sunt quae in Bellis iure culpantur . And the same Saint Thomas , in his owne Text , defining of the iust Causes of a Warre , doth leaue it vpon very generall Tearmes ; Requiritur ad Bellum Causa iusta , vt scilicet illi qui impugnantur , propter aliquam culpam , Impugnationem mereantur ; For Impugnatio Culpae , is a farre more generall word , than vltio Iniuriae . thus much for the first Proposition , of the Second Ground of a War with Spaine : Namely , that a iust Feare is a iust Cause of a War And that a Preuentiue Warre is a true Defensiue .

The Second or Minor Proposition was this ; That this Kingdome hath Cause of iust Feare of Ouerthrow from Spaine . Wherein it is true , tha● Feares are euer seene in dimmer lights , than Facts . And on the other side , Feares vse ( many times ) to be represented in such an Imaginary fashion , as they rather dazell Mens eyes , than open them . And therefore I will speake in that manner , which the Subiect requires ; That is , probably , and moderately , and briefly . Neither will I deduce th●se Feares to present Occurrences ; but point only at generall Grounds , leauing ●he rest to more secret Counsels .

Is it nothing , that the Crowne of Spaine , hath enlarged the Bounds thereof , within this last sixscore yeares , much more than the Ottomans ? I speake not of Matches , or Vnions , but of Armes , Occupations , Inuasions . Granada , Naples , Milan , Portugal , the East and West Indies ; All these are actuall Additions to that Crowne . They had a mind to French Britaine , the lower Part of Piccardi , and Piemont ; but they haue let fall their Bit. They haue , at this day , such a houering possession of the Valtoline , as an Hobby hath ouer a Larke : And the Palatinate is in their Tallons : So that nothing is more manifest , than that this Nation of Spaine runnes a race ( still ) of Empire ; When all other States of Christendome stand in effect at a stay . Looke then a little further , into the Titles , whereby they haue acquired , and doe now hold these new Portions of their Crowne , and you will finde them of so many varieties , and such natures , ( to speake with due respect , ) as may appeare to be easily minted , and such as can hardly at any time be wanting . And therefore , so many new Conquests & Purchases , so many Strokes of the Larum Bell of Feare , and Awaking , to other Nations . And the Facility of the Titles , which hand ouerhead haue serued their turne , doth ring the Peale so much the sharper , and the lowder .

Shall wee descend from their generall Disposition , to inlarge their Dominions , to their particular Disposition , and Eye of Appetite , which they haue had towards vs ; They haue now twice sought to impatronise themselues of this Kingdome of England ; once by Marriage with Queene Mary ; And the second time by Conquest in 88. when their Forces by Sea and Land , were not inferiour to those they haue now . And at that time in 88. the Counsell and Designe of Spaine , was , by many aduertisements , reuealed and laid open to bee ; That they found the Warre vpon the Low-Countries , so churlish and longsome , as they grew then to a Resolution ; That as long as England stood in state to succour those Countries , they should but consume themselues in an endlesse Warre ; And therefore there was no other way , but to assaile and depresse England , which was as a Backe of Steele to the Flemmings . And who can warrant ( I pray ) that the same Counsell and Designe will not returne againe ? So as we are in a strange Dilemma of Danger : For if wee suffer the Flemmings to be ruined , they are our Out-worke , and wee shall remaine Naked and Dismantled : If wee succour them strongly , ( as is fit , ) and set them vpon their feet , and doe not withall weaken Spaine , we hazard to change the Scene of the War , and to turne it vpon Ireland , or England : Like vnto Rheumes and Defluxions ; which , if you apply a strong Repercussiue to the Place affected , and doe not take away the Cause of the Disease , will shift , and fall straightwayes to another Ioynt , or Place . They haue also twice inuaded Ireland ▪ Once vnder the Popes Banner , when they were defeated by the Lo. Grey ; And after in their owne name , when they were defeated by the Lo. Mountioy . So as let this suffice for a Taste of their Disposition towards vs . But it will be said : This is an Almanacke for the old yeare : Since 88. all hath beene well ; Spaine hath not assailed this Kingdome , howsoeuer by two seuerall Inuasions from vs mightily prouoked . It is true , but then consider ; that immediately after 88. they were imbroyled , for a great time , in the Protection of the Leagu● of France , whereby they had their hands full ; After being brought extreme low , by their vast and continuall Embracements , they were enforced to be quiet , that they might take Breath , and doe Reparations vpon their former Wastes . But now of late Things seeme to come on apace to their former Estate . Nay with farre greater Disaduantage to vs . For now that they haue almost continued , and ( as it were , ) arched , their Dominions , from Milan , by the Valtoline , and Palatinate , to the Low-Countries ; We see how they thirst and pant after the vtter Ruine of those States ; Hauing in contempt almost the German Nation , and doubting little opposition except it come from England : Whereby either we must suffer the Dutch to be ruined , to our owne manifest preiudice ; Or put it vpon the hazard , I spake of before , that Spaine will cast at the fairest . Neither is the point of Internall Danger , which groweth vpon vs , to be forgotten ; This ; That the Party of the Papists in England are become more knotted , both in Dependance towards Spaine , and amongst themselues , than they haue beene . Wherein againe comes to be remembred the Case of 88 : For then also it appeared , by diuers secret letters , that the Designe of Spaine was , ( for some yeares before the inuasion attempted , ) to prepare a Party in this Kingdome , to adhere to the Forrainer at his comming . And they bragged , that they doubted not , but to abuse and lay asleepe the Queene and Counsell of England , as to haue any feare of the Party of Papists here ; For that they knew ( they said ) the State would but cast the eye , and looke about , to see whether there were any Eminent Head of that Party , vnder whom it might vnite it selfe ; And finding none worth the thinking on , the State would rest secure , and take no apprehension ; Whereas they meant , ( they said , ) to take a course , to deale with the People , and particulars , by Reconcilements , and Confessions , and Secret Promises , and cared not for any Head of Party . And this was the true reason , why after that the Seminaries beganne to blossome , and to make Missions into England , ( which was about the three and twentieth yeare of Queene Elizabeth , at what time also was the first suspition of the Spanish Inuasion , ) then , and not before , grew the sharpe and seuere Lawes , to be made against the Papists . And therefore the Papists may doe well , to change their thanks ; And whereas they thanke Spaine for their Fauours , to thanke them for their Perills and Miseries , if they should fall vpon them : For that nothing euer made their Case so ill , as the Doubt of the Greatnesse of Spaine ; which adding Reason of State , to Matter of Conscience and Religion , did whet the Lawes against them . And this Case also seemeth ( in some sort ) to returne againe at this time ; except the Clemencie of his Maiesty , and the State , doe superabound : As , for my part , I doe wish it should ; And that the Proceedings towards them , may rather tend to Security , and Prouidence , and Point of State , than to Persecution for Religion . But to conclude ; These Things briefly touched , may serue , as in a Subiect Coniecturall , and Future , for to represent , how iust Cause of Feare , this Kingdome may haue towards Spaine : Omitting ( as I said before , ) all present , and more secret Occurrences .

The third Ground of a Warre with Spaine , I haue set downe to be ; A iust Feare of the Subuersion of our Church and Religion . Which needeth little Speech : For if this Warre be a Defensiue , ( as I haue proued it to be , ) no Man will doubt ; That a Defensiue Warre , against a Forrainer , for Religion , ●s lawfull . Of an Offensiue Warre there is more Dispute : And yet in that instance of the Warre for the Holy Land , and Sepulcher , I doe wonder sometimes , that the Schoole Men want words to defend that , which S. Bernard wanted words to commend . But I , that in this little Extract of a Treatise , doe omit things necessary , am not to handle things vnnecessary . No man , I say , will doubt , but if the Pope , or King of Spaine , would demand of vs to forsake our Religion , vpon paine of a Warre , it were as vniust a Demand , as the Persians made to the Grecians of Land and Water ; Or the Ammonites to the Israelites of their Right Eies . And we see all the Heathen did stile their Defensiue Wars , Pro Aris & Focis ; Placing their Altars , before their Hearths . So that it is in vaine of this to speake further . Onely this is true ; That the Feare of the Subuersion of our Religion from Spaine , is the more iust , for that all other Catholique Princes and States , content and containe themselues , to maintaine their Religion within their owne Dominions , and meddle not with the Subiects of other States ; Whereas the Practice of Spaine hath beene , both in Charles the fifth's time , and in the time of the League in France , by Warre ; And now with vs , by Conditions of Treaty , to intermeddle with Forraine States , and to declare themselues Protectors generall , of the Party of Catholiques , through the World . As if the Crowne of Spaine had a little of this ; That they would plant the Popes Law by Armes , as the Ottomans doe the Law of Mahomet . Thus much concerning the first maine point of Iustifying the Quarrell , if the King shall enter into a War ; For this that I haue said , and all that followeth to be said , is but to shew what he may doe .

The Second maine Part , of that I haue propounded to speake of , is the Ballance of Forces betweene Spaine and vs . And this also tendeth to no more , but what the King may doe . For what hee may doe , is of two kinds : What hee may doe as Iust ; And what he may doe as Possible . Of the one I haue already spoken ; Of the other I am now to speake . I said , Spaine was no such Giant ; And yet if he were a Giant , it will be , but as it was betweene Dauid and Goliah ; for God is on our side . But to leaue all Arguments that are Supernaturall , and to speake in an Humane and Politique Sense ; I am led to thinke that Spaine is no ouermatch for England , by that which leadeth all Men ; That is , Experience , and Reason . And with Experience I will beginne ; For there all Reason beginneth .

Is it Fortune , ( shall we thinke , ) that in all Actions of Warre or Armes , great and small , which haue happened these many yeares , euer since Spaine and England haue had any thing to debate , one with the other , the English , vpon all Encounters , haue perpetually come off with honour , and the better ? It is not Fortune sure ; Shee is not so constant . There is somewhat in the Nation , and Naturall Courage of the People , or some such thing . I will make a briefe List of the Particulars themselues , in an Historicall Truth , no wayes strowted , nor made greater by Language . This were a fit Speech , ( you will say , ) for a Generall , in the Head of an Army , when they were going to Battell ; Yes ; And it is no lesse fit Speech , to bee spoken , in the Head of a Counsell , vpon a Deliberation of Entrance into a Warre . Neither speake I this to disparage the Spanish Nation , whom I take to be of the best Souldiers in Europe . But that sorteth to our honour , if wee still haue had the better hand .

In the yeare 1578. was that famous Lammas Day , which buried the Reputation of Don Ihuan d' Austrià , himselfe not suruiuing long after . Don Ihuan , being superiour in Forces , assisted by the Prince of Parma , Mondragon , Mansell , and other the best Commanders of Spaine , confident of Victory , charged the Army of the States , neere Rimenant , brauely & furiously at the first ; But after a Fight , maintained by the space of a whole day , was repulsed , and forced to a Retrait , with great slaughter of his Men ; And the Course of his further Enterprizes was wholly arrested ; And this chiefly by the Prowesse and Vertue of the English and Scottish Troupes , vnder the Conduct of Sir Iohn Norris , and Sir Robert Stuart , Colonels . Which Troupes came to the Army but the day before , harrased with a long and wearisome march : and ( as it is left for a memorable circumstance in all Stories , ) the Souldiers , being more sensible of a little Heat of the Sunne , than of any cold Feare of Death , cast away their Armour , and Garments from them , and fought in their Shirts : And , as it was generally conceiued , had it not beene , that the Count of Bossu was slacke , in charging the Spaniards , vpon their Retreit , this Fight had sorted to an absolute Defeat . But it was enough , to chastise Don Ihuan , for his insidious Treaty of Peace , wherewith he had abused the States at his first comming . And the Fortune of the day , ( besides the testimonie of all Stories , ) may be the better ascribed to the Seruice of the English and Scottish , by comparison of this Charge neare Rimenant , ( where the English and Scottish , in great numbers , came in action , ) with the like Charge giuen by Don Ihuan , halfe a yeare before at Gemblours , where the Successe was contrary : There being at that time , in the Army , but a Handfull of English and Scottish , and they put in disarray , by the Horsemen , of their owne Fellowes .

The first Dart of Warre , which was throwne from Spaine , or Rome , vpon the Realme of Ireland , was in the yeare 1580 For the Designe of Stukeley blew ouer into Africke ; And the Attempt of Sanders , and Fitz-Maurice , had a spice of Madnesse . In that yeare , Ireland was inuaded by Spanish and Italian Forces , vnder the Popes Banner , and the Conduct of Sant Iosepho , to the number of 700. or better , which landed at Smerwicke in Kerey . A poore Number it was , to conquer Ireland , to the Popes vse ; For their Designe was no lesse : But withall they brought Armes for 5000. Men aboue their owne company , intending to arme so many of the Rebels of Ireland : And their purpose was , to fortifie in some strong Place of the wilde and Desolate Country , and there to nestle till greater Succours came ; They being hastened vnto this Enterprise , vpon a speciall Reason of State , not proper to the Enterprise it selfe ; Which was , by the Inuasion of Ireland , and the Noyse thereof , to trouble the Counsell of England , and to make a diuersion of certaine Aids , that then were preparing from hence , for the Low Countries . They chose a place , where they erected a Fort , which they called the Fort del Or ▪ And from thence they bolted like Beasts of the Forrest , sometimes into the Woods and Fastnesses , and sometimes backe againe to their Den. Soone after Siege was laid to the Fort , by the Lord Gray , then Deputy , with a smaller Number than those were within the Fort ; Venturously indeed ; But haste was made to attache them before the Rebels came in to them . After the siege of foure dayes only , and two or three Sallies , with losse on their part , they that should haue made good the Fort for some moneths , till new Succours came from Spaine , or at least from the Rebels of Ireland , yeelded vp themselues , without conditions , at the end of those foure daies . And for that there were not in the English Army enough to keepe euery man a Prisoner ; And for that also the Deputy expected instantly to be assailed by the Rebels ; And againe , there were no Barks to throw them into , and send them away by Sea ; They were all put to the sword : With which Queene Elizabeth was afterwards much displeased .

In the yeare 1582. was that Memorable Retreit of Gaunt ; Than the which there hath not beene an Exploit of Warre more celebrated . For in the true iudgement of Men of Warre , honourable Retreits are no wayes inferiour to braue Charges ; As hauing lesse of Fortune , more of Discipline , and as much of Valour . There were to the number of 300. Horse , and as many thousand Foot English , ( commanded by Sir Iohn Norris , ) charged by the Prince of Parma , comming vpon them with 7000. Horse ; Besides that the whole Army of Spaniards was ready to march on . Neuerthelesse Sir Iohn Norris maintained a Retreit without Disarray , by the space of some miles , ( part of the way champagne , ) vnto the City of Gaunt , with lesse losse of Men than the Enemy : The D. of Aniou , and the Prince of Aurange , beholding this noble Action , from the Wals of Gaunt , as in a Theatre , with great Admiration .

In the yeare 1585. followed the Prosperous Expedition of Drake , and Carlile , into the West Indies . In the which , I set a side the Taking of S. Iago , and S. Domingo in Hispaniola , as Surprises , rather than Encounters ▪ But that of Catargena , where the Spaniards had warning of our comming , & had put themselues in their full strength , was one of the hottest Seruices , & most dangerous Assaults , that hath bin known . For the Accesse to the Town , was only by a Neck of Land , betweene the Sea on the one part , and the Harbour Water or Inner Sea on the other ; Fortified cleane ouer with a strong Rampier and Barracado ; So as vpon the Ascent of our Men , they had both great Ordnance , and small Shot , that thundred and showred vpon them , from the Rampier in front , and from the Gallies that lay at Sea in flanke . And yet they forced the Passage , and wan the Towne , being likewise very well manned . As for the Expedition of Sir Francis Drake , in the yeare 1587. for the destroying of the Spanish Shipping , and Prouision vpon their owne Coast ; As I cannot say , that there interuened in that Enterprise , any sharpe Fight or Encounter ; So neuerthelesse , it did strangely discouer , either that Spaine is very weake at home , or very slow to moue ; When they suffered a small Fleet of English , to make an hostile Inuasion , or Incursion , vpon their Hauens and Roads , from Cadez to Capa Sacra , and thence to Cascais ; And to fire , sinke , and carry away , at the least , 10000. tonne 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 , at the first , two of their brauest Commanders at Sea , Petro de Valdez , and Michael de Oquenda ; durst not put it to a Battell at Sea , but set vp their rest wholly vpon the Land-Enterprise . On the other side , the Transporting of the Land-forces failed in the very Foundation . For whereas the Counsell of Spaine , made full account , that their Nauy should be Master of the Sea , and therefore able to guard and protect the Vessels of Transportation ; When it fell out to the contrary , that the Great Nauy was distressed , and had enough to doe to saue it selfe ; And againe that the Hollanders impounded their Land-forces , with a braue Fleet of 30. Saile , excellently well appointed ; Things ( I say ) being in this State , it came to passe , that the Duke of Parma must haue flowne , if he would haue come into England , for hee could get neither Barke nor Mariner to put to Sea : Yet certaine it is , that the Duke looked still for the comming backe of the Armada , euen at that time , when they were wandring , and making their Perambulation vpon the Northerne Seas . But to returne to the Armada , which we left anchored at Callis . From thence , ( as Sir Walter Rawlegh was wont prettily to say , ) they were suddenly driuen away with Squibs ; For it was no more , but a Stratagem of Fire-boats , Manlesse , and sent vpon them by the fauour of the Wind , in the night time , that did put them in such terrour , as they cut their Cables , and left their Anchors in the Sea . After they houered some 2 or 3 daies about Graueling , & there againe were beaten in a great Fight , at what time our second Fleet , which kept the narrow Seas , was come in , and ioyned to our maine Fleet. Thereupon the Spaniards entring into further terrour , and finding also diuers of their Ships euery day to sinke , lost all courage , & in stead of comming vp into the Thames Mouth for London , ( as their Designe was , ) fled on towards the North , to seeke their Fortunes ; Being still chaced by the English Nauy at the heeles ; vntill we were faine to giue them ouer for want of Powder . The Breath of Scotland the Spaniards could not endure ; Neither durst they as Inuaders land in Ireland ; But only ennobled some of the Coasts thereof with shipwracks . And so going Northwards aloofe , as long as they had any doubt of being pursued , at last when they were out of reach , they turned , and crossed the Ocean to Spaine , hauing lost fourescore of their Ships , and the greater part of their Men. And this was the End of that Sea-Giant , the Inuincible Armada . Which hauing not so much as fired a Cottage of ours at Land , nor taken a Cockboat of ours at Sea , wandered thorow the Wildernesse of the Northerne Seas ; And according to the Curse in the Scripture ; Came out against vs one way , and fled before vs seuen wayes . Seruing only to make good the iudgement of an Astrologer , long before giuen ; Octuagesimus octauus Mirabilis Annus ; Or rather , to make good , ( euen to the astonishment of all Posterity , ) the wonderfull Iudgements of God , powred downe , commonly , vpon vast , and proud Aspirings .

In the yeare , that followed , of 1589. we gaue the Spaniards no breath , but turned Challengers , and inuaded the Maine of Spaine . In which Enterprise , although we failed of our End , which was to settle Don Antonio in the Kingdome of Portugall , yet a Man shall hardly meet with an Action , that doth better reueale the great Secret of the Power of Spaine : Which Power , well sought into , will be found , rather to consist in a Veterane Army , ( such as vpon seuerall Occasions and Pretensions , they haue euer had on foot , in one part or other of Christendome , now by the space of ( almost ) six score yeares , ) than in the strength of their Dominions , and Prouinces . For what can be more strange , or more to the Disualuation of the Power of the Spaniard vpon the Continent , than that with an Army of a 11000. English , Land Souldiers , and a Fleet of 26. Ships of warre , besides some weake Vessells for Transportation , we should within the Houre-glasse of two moneths , haue wonne one Towne of importance by Escalada ; Battered and assaulted another ; Querthrowne great Forces in the Field , & that vpon the disaduantage of a Bridge strongly barracadoed , Landed the Army in three seuerall Places of his Kingdome ; Marched seuen dayes in the Heart of his Countries ; Lodged three nights in the Suburbs of his principall City ; Beaten his Forces into the Gates thereof ; Possessed two of his Frontire Forts ; And come off , after all this , with small losse of Men , otherwise than by Sicknesse . And it was verily thought , that had it not beene for foure great Disfauours of that Voyage ; ( That is to say ; The failing in sundry Prouisions that were promised , especially of Cannons for Battery ; The vaine Hopes of Don Antonio concerning the People of the Country , to come in to his aid ; The Disappointment of the Fleet that was directed to come vp the Riuer of Lisbone ; And lastly , the Diseases which spred in the Army , by reason of the Heat of the Season , and of the Souldiers Misrule in Diet ; ) the Enterprise had succeeded , and Lisbone had beene carried . But howsoeuer , it makes proofe to the World , that an Inuasion of a few English vpon Spaine , may haue iust hope of Victory , at least of Pasport to depart safely .

In the yeare 1591. was that Memorable Fight , of an English Ship called the Reuenge , vnder the Command of Sir Richard Greenuill ; Memorable ( I say ) euen beyond credit , and to the Height of some Heroicall Fable . And though it were a Defeat , yet it exceeded a Victory ; Being like the Act of Sampson , that killed more Men at his Deatly , than he had done in the time of all his Life . This Ship , for the space of 15. hours , sate like a Stagge amongst Hounds , at the bay , and was seiged , and fought with , in turne , by 15. great Ships of Spaine ; Part of a Nauy of 55. Ships in all ; The rest like Abettors looking on a farre off . And amongst the 15. Ships that fought , the great Sant Philippo was one ; A Ship of 1500. tonne ; Prince of the twelue Sea Apostles ; Which was right glad , when she was shifted off from the Reuenge . This braue ship the Reuenge , being manned only with 200. ( Souldiers and Mariners , ) whereof 80. lay sicke , yet neuerthelesse after a Fight maintained ( as was said ) of 15. houres , and two Ships of the Enemy sunke by her side ; Besides many more torne and battered , and great slaughter of Men ; neuer came to be entred , but was taken by Composition ; The Enemies themselues hauing in admiration the Vertue of the Commander , and the whole Tragedy of that Ship .

In the yeare 1596 , was the Second Inuasion , that we made vpon the Maine Territories of Spaine ; Prosperously atchieued by that Worthy and Famous , Robert Earle of Essex , in consort with the Noble Earle of Nottingham , that now liueth , then Admirall . This Iourny was like Lightning ; For in the space of 14. hours , the King of Spaines Nauy was destroyed , & the Town of Cadez taken . The Nauy was no lesse than 50. tall Ships , besides 20. Gallies to attend them . The Ships were straight waies beaten , & put to flight , with such terrour , as the Spaniards , in the end , were their owne Executioners , and fired them all with their owne Hands . The Gallies , by the benefit of the Shores and Shallowes , got away . The Towne was a faire , strong , well built , and rich City ; Famous in Antiquity , and now most spoken of for this Disaster . It was manned with 4000. Souldiers Foot , and some 400. Horse ; It was sacked , and burned , though great Clemency was vsed towards the Inhabitants . But that which is no lesse strange than the sudden Victory , is the great patience of the Spaniards ; Who , though wee staid vpon the place diuers dayes , yet neuer offered vs any play then , nor euer put vs in suit , by any Action of Reuenge , or Reparation , at any time after .

In the yeare 1600. was the Battell of Newport in the Low-Countries , where the Armies of the Arch-Duke , and the States , tried it out by a iust Battell . This was the only Battell , that was fought in those Countries , these many yeares . For Battels in the French Warres haue beene frequent ; But in the Warres of Flanders , rare , as the Nature of a Defensiue requireth . The Forces of both Armies were not much vnequall : That of the States exceeded somewhat in Number ; But that againe was recompensed in the Quality of the Souldiers ; For those of the Spanish Part were of the Flower of all their Forces . The Arch-Duke was the Assailant , and the Preuenter , and had the fruit of his Diligence and Celerity . For he had charged certaine Companies of Scottishmen , to the Number of eight hundred , sent to make good a Passage , and thereby seuered from the Body of the Army , and cut them all in peeces : For they like a braue Infantery , when they could make no honourable Retreit , and would take no dishonourable Flight , made good the place with their Liues . This Entrance of the Battell did whet the Courage of the Spaniards , though it dulled their Swords ; So as they came proudly on , confident to defeat the whole Armie . The Encounter of the Maine Battell , which followed , was a iust Encounter , not hastening to a sudden Rout , nor the Fortune of the day resting vpon a few former Ranks , but foughten our to the proofe by seuerall Squadrons , and not without variety of successe ; Stat pedi pes , densusque viro vir . There fell out an Errour in the Dutch Army , by the ouerhasty Medly of some of their Men , with the Enemies , which hindered the Playing of their great Ordnance . But the End was , that the Spaniards were vtterly defeated , and neare 5000. of their Men , in the Fight , and in the Execution , slaine , and taken ; Amongst whom were many of the principall Persons of their Army . The Honour of the Day was , both by the Enemy , and the Dutch themselues , ascribed vnto the English ; Of whom Sir Francis Vere , in a priuate Commentary , which he wrote of that Seruice , leaueth testified ; That of 1500. in number , ( for they were no more , ) 800. were slaine in the field ; And ( which is almost incredible in a day of victory , ) of the remaining 700. two only Men came off vnhurt . Amongst the rest Sir Francis Vere himselfe had the principall honour of the seruice , vnto whom the Prince of Aurange ( as is said ) did transmit the Direction of the Army for that day . And in the next place , Sir Horace Vere his Brother , that now liueth , who was the principall in the Actiue part . The Seruice also , of Sir Edward Cecill , Sir Iohn Ogle , and diuers other braue Gentlemen , was eminent .

In the yeare 1601. followed the Battell of Kinsale , in Ireland . By this Spanish Inuasion of Ireland , ( which was in September that yeare , ) a Man may ghesse , how long time a Spaniard will liue in Irish Ground ; which is a matter of a Quarter of a yeare , or foure Moneths at the most . For they had all the Aduantages in the world ; And no Man would haue thought , ( considering the small Forces imployed against them , ) that they could haue beene driuen out so soone . They obtained , without resistance , in the end of September , the Towne of Kinsale ; A small Garrison of 150. English , leauing the Towne vpon the Spaniards approach , and the Townesmen receiuing the Forrainers as Friends . The Number of Spaniards , that put themselues into Kinsale , was 2000. Men , Souldiers of old Bands , vnder the command of Don Ihuan d' Aquila , a Man of good valour . The Towne was strong of it selfe ; Neither wanted there any Industry to fortifie it on all parts , and make it tenable , according to the Skill and Discipline of Spanish Fortification . At that time the Rebels were proud , being encouraged vpon former Successes ; For though the then Deputy , the Lord Mountioy , and Sir George Carew , President of Munster , had performed diuers good Seruices to their preiudice ; Yet the Defeat they had giuen the English , at Blacke-water , not long before ; And the Treaty ( too much to their honour , ) with the Earle of Essex , was yet fresh in their memory . The Deputy lost no time , but made haste to haue recouered the Towne , before new Succours came , and sate downe before it in October , and laid siege to it by the space of three Winter Moneths , or more : During which time , Sallies were made by the Spaniard , but they were beaten in with losse . In Ianuary came fresh Succours from Spaine , to the number of 2000. more , vnder the Conduct of Alonzo D' Ocampo . Vpon the Comforts of these Succours , Tirone and Odonnell , drew vp their Forces together , to the number of 7000. besides the Spanish Regiments , and tooke the field , resolued to rescue the Towne , and to giue the English battell . So here was the Case : An Army of English , of some 6000 , wasted and tired with along Winters Siege ; Engaged in the middest , betweene an Armie of a greater Number than themselues , fresh and in vigour , on the one side ; And a Towne strong in Fortification , and strong in Men , on the other . But what was the Euent ? This in few words ; That after the Irish and Spanish Forces had come on , and shewed themselues in some Brauery , they were content to giue the English the honour , as to charge them first ; And when it came to the Charge , there appeared no other difference betweene the Valour of the Irish Rebels , and the Spaniards , but that the one ranne away before they were charged , and the other straight after . And againe , the Spaniards that were in the towne , had so good Memories of their losses , in their former Sallies , as the Confidence of an Army , which came for their deliuerance , could not draw them forth againe . To conclude , there succeeded an absolute victory for the English , with the slaughter of aboue two thousand of the Enemie ; The taking of nine Ensignes , whereof six Spanish ; The taking of the Spanish Generall , D' Ocampo , Prisoner ; And this with the losse of so few of the English , as is scarce credible ; Being ( as hath beene rather confidently , than credibly reported , ) but of one Man , the Cornet of Sir Richard Greame ; though not a few hurt . There 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 giuen 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 Answer to the Obiection raised , touching the Difference of times ; Not entring into more secret Passages of State ; But keeping that Character of Stile , whereof Seneca speaketh ; Plus significat quàm loquitur .

Here I would passe ouer from Matter of Experience , were it not that I held it necessary , to discouer a wonderfull Erroneous obseruation that walketh about , and is commonly receiued , contrary to all the true Account of Time , and Experience . It is , that the Spaniard , where he once getteth in , will seldome ( or neuer ) be got out againe . But nothing is lesse true than this . Not long since they got footing at Brest , and some other parts in French Brittaine , & after quitted them . They had Calais , Ardes , and Amiens , and rendred them , or were beaten out . They had since Verseilles , and faire left it . They had the other day the Valtoline , and now haue put it in deposite . What they will doe with Ormus , which the Persian hath taken from them , we shall see . So that to speake truly of later Times , they haue rather poched and offered at a Number of Enterprises , than maintained any constantly , quite contrary to that idle Tradition . In more ancient times , ( leauing their Purchases in Affricke , which they after abandoned , ) when their great Emperour Charles had clasped Germany , ( almost ) in his fist , he was forced , in the end , to goe from Isburg , ( and as if it had beene in a Masque , by Torch-light , ) and to quit euery foot in Germany round that he had gotten ; Which I doubt not , will be the hereditary Issue of this late Purchase of the Palatinate . And so I conclude the Ground , that I haue to think , that Spain will be no Ouermatch to Great Britaine , if his Maiesty shall enter into a Warre , out of Experience , and the Records of Time .

For Grounds of Reason they are many : I will extract the principall , and open them briefly , and ( as it were ) in the Bud. For Situation , I passe it ouer ; Though it be no small point : England , Scotland , Ireland , and our good Confederates the Vnited Prouinces , lie al in a plump together , not accessible but by Sea , or at least by passing of great Riuers , which are Naturall Fortifications . As for the Dominions of Spaine , they are so scattered , as it yeeldeth great choice of the scenes of the Warre , and promiseth slow Succours vnto such Part , as shall bee attempted . There be three maine parts of Military Puissance ; Men , Mony , and Confederates For Men , there are to be considered , Valour , and Number . Of Valour I speake not : Take it from the Witnesses that haue beene produced before : Yet the old obseruation is not vntrue ; That the Spaniards Valour lieth in the Eye of the Looker on ; But the English Valour lieth about the Souldiers Heart . A Valour of Glory , and a Valour of Naturall Courage , are two things . But let that passe , and let vs speake of Number . Spaine is a Nation thin sowne of People ; Partly by reason of the Sterility of the Soile ; And partly because their Natiues are exhausted by so many Employments , in such vast Territories as they possesse . So that it hath beene counted a kind of Miracle , to see ten or twelue thousand Natiue Spaniards in an Army . And it is certaine , ( as we haue touched it a little before in passage , ) that the Secret of the Power of Spaine , consisteth in a Veterane Army , compounded of Miscellany Forces of all Nations , which for many yeares they haue had on foot vpon one occasion or other : And if there should happen the Misfortune of a Battell , it would be a long worke to draw on supplies . They tell a Tale , of a Spanish Ambassadour , that was brought to see the Treasury of S. Marke at Venice , and still he looked downe to the Ground ; And being asked , why he so looked downe , said ; He was looking to see whether their Treasure had any Root , ( so that if it were spent , it would grow againe , ) as his Masters had . But howsoeuer it be of their Treasure , certainly their Forces haue scarce any Root ; Or at least such a Root , as buddeth forth poorely , and slowly . It is true , they haue the Wallons , who are tall Souldiers ; But that is but a Spot of Ground . But , on the other side , there is not in the world againe , such a Spring and Seminary of braue Militar People , as is England , Scotland , Ireland , and the Vnited Prouinces . So as if Warres should mowe them downe neuer so fast , yet they may be suddenly supplyed , and come vp againe .

For Money , no doubt it is the principall Part of the Greatnesse of Spaine ; For by that they maintaine their Veteran Army ; And Spaine is the only State of Europe , that is a Money grower . But in this Part , of all others , is most to be considered , the ticklish and brittle State of the Greatnesse of Spaine . Their Greatnesse consisteth in their Treasure ; Their Treasure in their Indies ; And their Indies , ( if it bee well weighed , ) are indeed but an Accession to such , as are Masters by Sea . So as this Axeltree , whereupon their Greatnesse turneth , is soone cut in two , by any that shall be stronger than they by Sea . Herein therefore I refer me to the Opinions of all Men , ( Enemies , or whomsoeuer , ) whether that the Maritime Forces of Great Britaine , and the Vnited Prouinces , bee not able to beat the Spaniard at Sea . For if that bee so , the Linkes of that chaine , whereby they hold their Greatnesse , are dissolued . Now if it be said , that admit the Case of Spaine bee such , as wee haue made it , yet wee ought to descend into our owne Case , which wee shall finde ( perhaps ) not to be in State , ( for Treasure , ) to enter into a Warre with Spaine . To which I answer ; I know no such thing ; The Mint beateth well ; And the Pulses of the Peoples Hearts beat well . But there is another Point that taketh away quite this Obiection : For whereas Warres are generally Causes of Pouerty , or Consumption ; on the contrary part , the speciall Nature of this Warre with Spaine , ( if it be made by Sea , ) is like to be a Lucratiue and Restoratiue Warre . So that , if we goe roundly on at the first , the Warre in continuance will finde it selfe . And therefore you must make a great difference , betweene Hercules Labours by Land , and Iasons Voyage by Sea for the Golden Fleece .

For Confederates , I will not take vpon mee the knowledge , how the Princes , States , and Counsels of Europe , at this day , stand affected towards Spaine ; For that trencheth into the secret Occurrents of the present Time , wherewith in all this Treatise I haue forborne to meddle . But to speake of that which lieth open and in view : I see much Matter of Quarrell and Iealousie , but little of Amity and Trust towards Spaine , almost in all other Estates . I see France is in competition with them , for three noble Portions of their Monarchie ; Nauarre , Naples , and Millaine ; And now freshly in difference with them about the Valtoline . I see once in thirty or forty yeares commeth a Pope , that casteth his eye vpon the Kingdome of Naples , to recouer it to the Church : As it was in the mindes 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 .

printer's device of John Haviland

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 otherwise inclined , ) to spend my Time wholly in Writing ; And to put forth that poore Talent , or halfe Talent , or what it is , that God hath giuen me , not as heretofore to particular Exchanges , but to Banks , or Mounts of Perpetuity , which will not breake . Therefore hauing not long since , set forth a part of my Instauration ; Which is the Worke , that in mine owne iudgement , ( Si nunquam fallit Imago , ) J doe most esteeme ; I thinke to proceed in some new parts thereof . And although J haue receiued from many Parts beyond the Seas , Testimonies touching that Worke , such as beyond which J could not expect at the first , in so abstruse an Argument ; yet neuerthelesse J haue iust cause to doubt , that it flies too high ouer Mens Heads : I haue a purpose therefore , ( though I breake the order of Time , ) to draw it downe to the sense , by some Patternes of a Naturall Story , and Inquisition . And againe , for that my Booke of Aduancement of Learning , may be some Preparatiue , or Key , for the better opening of the Instauration ; Because it exhibit's a Mixture , of new Conceits , and old ; whereas the Instauration , giues the new vnmixed , otherwise than with some little Aspersion of the old , for tastes sake ; J haue thought good to procure a Translation of that Booke , into the Generall Language , not without great and ample Additions , and Enrichment thereof ; Especially in the Second Booke , which handleth the Partition of Sciences : In such sort , as I hold it may serue , in lieu of the First Part , of the Instauration , and acquit my promise in that part . Againe , because I cannot altogether desert , the Ciuill Person , that I haue borne ; Which if I should forget , Enough would remember ; J haue also entred into a worke touching Lawes ; Propounding a Character of Iustice , in a middle terme , betweene the Speculatiue , and Reuerend discourses of Philosophers , and the Writings of Lawyers , which are tied , and obnoxious to their particular Lawes . And although it be true , that J had a purpose , to make a particular Digest , or Recompilement , of the Lawes , of mine owne Nation ; Yet because it is a Worke of Assistance , and that , that I cannot master by mine owne Forces , and Penne , J haue laid it aside . Now hauing in the Worke of my Instauration , had in contemplation , the generall Good of Men , in their very Being , and the Dowries of Nature ; And in my Worke of Lawes , the generall good of Men likewise , in Society , and the Dowries of Gouernment ; I thought in duty I owed somewhat vnto mine owne Country , which J euer loued ; Jnsomuch as although my Place , hath beene farre aboue my desert , yet my Thoughts , and Cares concerning the Good thereof , were beyond , and ouer , and aboue my place : So now being ( as I am ) no more able to doe my Countrey Seruice , it remained vnto me , to doe it Honour : Which J haue endeuoured to doe , in my Worke , of the Raigne , of King HENRY the Seuenth . As for my Essayes , and some other Particulars of that nature , I count them , but as the Recreations of my other Studies , and in that sort purpose to continue them ; Though J am not ignorant , that those kind of Writings , would , with lesse paines , and embracement , ( perhaps , ) yeeld more Lustre , and Reputation to my Name , than those other , which I haue in hand . But J account the Vse , that a Man should seeke , of the publishing of his owne Writings before his Death , to be but an vntimely Anticipation of that , which is proper to follow a Man , and not to goe along with him .

But reuoluing with my selfe , my Writings , as well those which I haue published , as those , which I had in hand , me thought they went all into the City , and none into the Temple ; Where because I haue found , so great Consolation , J desire likewise to make some poore Oblation . Therefore J haue chosen an Argument , mixt of Religious and Ciuill Considerations ; And likewise mixt between Contemplatiue , and Actiue . For who can tell , whether there may not be an Exoriere aliquis ? Great Matters ( especially if they be Religious ) haue ( many times ) small beginnings ; And the Platforme , may draw on the Building . This Worke , because I was euer an Enemy to flattring Dedications , I haue dedicated to your Lordship ; Jn respect of our ancient , and priuate Acquaintance ; And because amongst the Men of our Times , I hold you in especiall Reuerence .

Your Lordships louing Friend Fr. St. ALBAN .
AN ADVERTISEMENT TOVCHING AN HOLY WARRE . The Persons that speake . EVSEBIVS . GAMALIEL . ZEBEDAEVS . MARTIVS . EVPOLIS . POLLIO .

THere met at Paris , Characters of the Persons . E sebius beareth the Character of a Moderate Diuine . Gamaliel of a Protestant Zelant . Zebedaeus of a Romish Catholike Zelant . Martius of a Militar Man . Eupolis of a Politique . Pollio of a Courtier . ( in the house of Eupolis , ) Eusebius , Zebedaeus , Gamaliel , Martius ; All Persons of eminent Qualitie , but of seuerall Dispositions . Eupolis himselfe was also present : And while they were set in conference , Pollio came in to them from Court ; And as soone as he saw them , after his witty and pleasant manner , he said . said .

POLLIO .

Here be Foure of you , I thinke , were able to make a good World ; For you are as differing as the Foure Elements , and yet you are Friends . As for Eupolis , because he is Temperate , and without Passion , hee may bee the Fifth Essence .

EVPOLIS .

If we fiue ( Pollio , ) make the Great World , you alone may make the Little ; Because you professe and practise both , to referre all Things to your Selfe .

POLLIO .

And what doe they that practise it , and professe it not ?

EVPOLIS .

They are the lesse Hardy , and the more Dangerous . But come , and fit downe with vs , for we were speaking of the Affaires of Christendome , at this day : Wherein we would be glad also , to haue your Opinion .

POLLIO .

My Lords , I haue iourneyed this Morning , and it is now the Heat of the Day ; Therefore your Lordships Discourses , had need content my Eares very well , to make them entreat mine Eyes to keepe open . But yet if you will giue mee leaue to awake you , when I thinke your Discourses doe but sleepe , I will keepe watch the best I can .

EVPOLIS .

You cannot doe vs a greater Fauour . Onely I feare , you will thinke all our Discourses , to be but the better sort of Dreames : For good wishes , without power to effect , are not much more . But Sir , when you came in , Martius had both raised our Attentions , and affected vs with some Speech he had begunne ; And it falleth out well , to shake off your Drowsinesse , for it seemed to be the Trumpet of a Warre . And therefore , ( Martius , ) if it please you , to begin againe ; For the Speech was such , as deserueth to be heard twice ; And I assure you , your Auditory is not a little amended , by the presence of Pollio .

MARTIVS .

When you came in , ( Pollio , ) I was saying freely to these Lords , that I had obserued , how by the space now , of halfe a Century of yeares , there had beene ( if I may speak it , ) a Kind of Meannesse , in the Designes , & Enterprises of Christendome . Warres with Subiects ; Like an angry Sute for a Mans Owne , that mought be better ended by Accord . Some petty Acquests of a Towne , or a Spot of Territory ; Like a Farmers Purchase of a Close , or Nooke of Ground , that lay fit for him . And although the Warres had beene , for a Naples , or a Millaine , or a Portugall , or a Bohemia , yet these Warres were but as the Warres of Heathen , ( Of Athens , or Sparta , or Rome , ) for Secular Interest , or Ambition , not worthy the Warfare of Christians . The Church ( indeed ) maketh her Missions , into the Extreme Parts , of the Nations , and Isles ; And it is well : But this is , Ecce Vnus Gladius hic . The Christian Princes , and Potentates are they , that are wanting , to the Propagation of the Faith , by their Armes . Yet our Lord , that said on Eatrh , to the Disciples , Ite & praedicate ; Said from Heauen , to Constantine , In hoc signo Vince . What Christian Souldier is there , that will not be touched , with a Religious Emulation , to see an Order of Iesus , or of Saint Francis , or of Saint Augustine , doe such seruice , for enlarging the Christian Borders ; And an Order of Saint Iago , or Saint Michael , or Saint George , only to Roab , and Feast , and performe Rites , and Obseruances ? Surely the Merchants themselues , shall rise in iudgement against the Princes , and Nobles of Europe : For they haue made a great Path , in the Seas , vnto the Ends of the World ; And set forth Ships , and Forces , of Spanish , English , and Dutch , enough to make China tremble ; And all this , for Pearle , or Stone , or Spices : But for the Pearle of the Kingdome of Heauen , Or the Stones of the Heauenly Hierusalem , Or the Spices of the Spouses Garden , not a Mast hath beene set vp . Nay they can make shift , to shed Christian Bloud , so farre off amongst themselues , and not a Drop for the Cause of Christ . But let me recall my selfe ; I must acknowledge , that within the space of fifty yeares ( whereof I spake , ) there haue beene three Noble , and Memorable Actions , vpon the Infidels , wherein the Christian hath beene the Inuader . For where it is , vpon the Defensiue , I reckon it , a Warre of Nature , and not of Piety . The First was , that Famous , and Fortunate Warre by Sea , that ended in the Victory of Lepanto ; Which hath put a Hooke , into the Nosthrills of the Ottomans , to this day : Which was the Worke ( chiefly ) of that excellent Pope , Pius Quintus ; whom I wonder his Successours haue not declared a Saint . The Second was , the Noble , though Vnfortunate , Expedition , of Sebastian King of Portugall , vpon Africke , which was atchieued by him alone ; So alone , as left somewhat for others to Excuse . The last was , the Braue Incursions , of Sigismund the Transiluanian Prince ; The Thred of whose Prosperity was cut off , by the Christians themselues ; Contrary to the Worthy , and Paternall Monitories , of Pope Clement the Eight . More than these , I doe not remember .

POL.

No! what say you , to the Extirpation , of the Moores , of Valentia ? At which sudden Question , Martius was a little at a stop , and Gamaliel preuented him , and said .

GAMALIEL .

I thinke Martius did well in omitting that Action , for I , for my part , neuer approued it ; And it seemes , God was not well pleased with that Deed ▪ For you see the King , in whose time it passed , ( whom you Catholikes count a Saint-like , and Immaculate Prince , ) was taken away , in the Flower of his Age : And the Author , and great Counsellour of that Rigour , ( whose Fortunes seemed to be built vpon the rocke , ) is ruined : And it is thought by some , that the Reckonings of that Businesse , are not yet clear'd with Spaine ; For that Numbers , of those supposed Moores , being tried now by their Exile , continue constant in the Faith , and true Christians in all points , saue in the Thirst of Reuenge .

ZEBED .

Make not hasty Iudgement , ( Gamaliel , ) of that great action ; Which was as Christs Fanne , in those Countries ; Except you could shew , some such Couenant , from the Crown of Spain , as Iosuah made with the Gibeonites ; That that Cursed Seed should continue in the Land . And you see , it was done by Edict , not tumultuously ; The Sword was not put into the Peoples Hand .

EVPOL .

I thinke , Martius did omit it , not as making any Iudgement of it , either way ; But because it sorted not aptly , with Actions of Warre , being vpon Subiects , and without resistance . But let vs , if you thinke good , giue Martius leaue , to proceed in his Discourse ; For me thought he spake , like a Diuine in Armour .

MARTIVS .

It is true , ( Eupolis , ) that the Principall Obiect , which I haue before mine Eyes , in that whereof I speake , is Piety , and Religion . But neuerthelesse , if I should speake only as a Naturall Man , I should perswade the same thing . For there is no such Enterprise , at this day , for secular Greatnesse , and terrene Honour , as a Warre vpon Infidels . Neither doe I , in this , propound a Nouelty , or Imagination , but that , which is proued by late Examples , of the same kinde , though perhaps of lesse difficulty . The Castilians , the age before that wherein we liue , opened the New World ; And subdued , and planted Mexico , Peru , Chile , and other Parts of the West Indies . We see what Flouds of Treasure , haue flowed into Europe , by that Action ; So that the Cense , or Rates of Christendome , are raised since ten times , yea twenty times told . Of this Treasure , it is true , the Gold was Accumulate , and Store Treasure , for the most part ; But the Siluer is still growing . Besides , infinite is the Accesse , of Territory , and Empire , by the same Enterprise . For there was , neuer an Hand drawen , that did double the Rest , of the Habitable World , before this ; For so a Man may truly terme it , if he shall put to account , as well that that is , as that which may be hereafter , by the further Occupation , and Colonizing , of those Countries . And yet it cannot be affirmed , ( if one speake ingenuously , ) that it was the Propagation , of the Christian Faith , that was the Adamant of that Discouery , Entry , and Plantation ; But Gold , and Siluer , and Temporall Profit , and Glory : So that , what was first in Gods Prouidence , was but second in Mans Appetite , and Intention . The like may be said , of the famous Nauigations , and Conquests , of Emanuel , King of Portugall , whose Armes beganne to circle Africke , and Asia ; and to acquire , not onely the Trade of Spices , and Stones , and Muske , and Drugges , but Footing , and places , in those extreme Parts of the East . For neither in this , was Religion the Principall , but Amplification , and Enlargement , of Riches , and Dominion . And the Effect , of these two Enterprises , is now such , that both the East , and the West Indies , being met in the Crowne of Spaine , it is come to passe , that as one saith in a braue kinde of Expression ; The Sunne neuer sets in the Spanish Dominions , but euer shines , vpon one part , or other of them : Which , to say truly , is a beame of Glory , though I cannot say , it is so Solide a Body of Glory , wherein the Crowne of Spaine , surpasseth all the former Monarchies . So as to conclude , we may see , that in these Actions vpon Gentiles , or Infidels , onely 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 best , to proue the Enterprise Possible ; And to shew , how all Impediments , may be either remoued , or ouercomen . And then it will be fit for Martius , ( if wee doe not desert it before , ) to resume his further Discourse , as well for the Perswasiue , as for the Consult , touching the Meanes , Preparations , and all that may conduce vnto 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 deferre it , till the next Morning . Only Pollio said .

POLLIO .

You take mee right , ( Eupolis ; ) For I am of opinion , that except you could bray Christendome in a Mortar , and mould it into a New Paste , there is no Possibilitie of an Holy Warre . And I was euer of opinion , that the Philosophers Stone , and an Holy Warre , were but the Rendez-vous of Crackt Braines , that wore their Feather in their Head , in stead of their Hat . Neuerthelesse , beleeue mee of Courtesie , that if you Fiue shall be of another minde , especially after you haue heard , what I can say , I shall be ready to certifie with Hippocrates , that Athens is mad , and Democritus is only sober . And lest you should take mee for altogether Aduerse , I will frankly contribute to the Businesse , now at first . Yee , no doubt , will amongst you deuise and discourse many solemne Matters : But doe 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 yeeres , betweene fifty and threescore ; And see that he take the Name of Vrban , because a Pope of that Name did first institute the Cruzada ; And , ( as with an holy Trumpet , ) did stirre vp the Voyage , for the Holy Land .

EVPOLIS .

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 speechees from Pollio , how the Warre was alreadie begun ; For that , ( he said ) he had dream't of nothing but Ianizaries , and Tartars , and Sultans all the night long , Martius said .

MARTIVS .

The Distribution of this Conference , which was made by Eupolis yesternight , and was by vs approued , seemeth to me perfect , saue 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 shall deduce , the Particulars of the Meanes , and Manner , by which it is to be atchieued . Now I haue often obserued in Deliberations , that the Entring neare hand , into the Manner of Performance , and Execution of that , which is vnder Deliberation , hath quite ouerturn'd the Opinion formerly conceiu'd , of the Possibilitie , or Impossibility . So that Things , that at the First shew , seemed Possible , by Ripping vp the Performance of them , haue beene conuicted of Impossibility ; and Things , that , on the other side , haue shewed Impossible , by the Declaration of the Meanes , to effect them , as by a Backe Light , haue appeared Possible , the way thorow them being discerned . This I speake , not to alter the Order , but onely to desire Pollio , and Eupolis , not to speake peremptorily , or conclusiuely , touching the Point of Possibility , till they haue heard me deduce the Meanes , of the Execution : And that done , to reserue themselues it liberty , for a Reply , after they had before them , as it were , a Modell of the Enterprise . This graue , and solid Aduertisement , and Caution of Martius , was much commended by them all ; Whereupon Eupolis said .

EVPOLIS .

Since Martius hath begunne to refine that , which was yester-night resolued ; I may the better haue leaue , ( especially in the mending of a Proposition , which was mine owne , ) to remember an Omission , which is more than a Misplacing . For I doubt , we ought to haue added , or inserted into the point of Lawfulnesse , the Question ; How farre an Holy Warre is to be pursued , whether to Displanting , and Exterminion of People ? And againe , whether to enforce a new Beleefe , and to vindicate , or punish Infidelity ; Or onely to subiect , the Countries and People ; And so , by the Temporall Sword , to open a Doore , for the Spirituall Sword to enter , by Perswasion , Instruction , and such Meanes , as are proper for Soules , and Consciences ? But it may be , neither is this necessary , to be made a Part by it selfe ; For that Zebedaeus , in his wisdome , will fall into it , as an incident , to the Point of Lawfulnesse , which cannot bee handled , without Limitations , and Distinctions .

ZEBEDAEVS .

You encourage me , ( Eupolis , ) in that I perceiue , how in your Iudgement , ( which I doe so much esteeme , ) I ought to take that Course , which of my selfe , I was purposed to doe . For as Martius noted well , that it is but a loose Thing , to speake of Possibilities , without the Particular Designes ; So is it , to speake of Lawfulnesse , without the Particular Cases . I will therefore , first of all , distinguish the Cases ; Though you shall giue mee leaue in the handling of them , not to seuer them , with too much Precisenesse ; For both it would cause needlesse Length ; And we are not now in Arts , or Methods , but in a Conference . It is therefore , first to be put to Question in generall , ( as Eupolis propounded it , ) whether it bee lawfull for Christian Princes , or States , to make an Inuasiue Warre , onely and simply , for the Propagation of the Faith , without other Cause of Hostility , or Circumstance , that may prouoke , and induce the Warre ? 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 vtterly alienated , and no Christians left ; it be not lawfull to make a Warre , to restore them to the Church , as an ancient Patrimony of Christ ? Thirdly , if it be made a further part of the Case , that there are yet remaining in the Countries , Multitudes of Christians ; whether it be not lawfull to make a Warre , to free them , and deliuer them , from the seruitude of the Infidels ? Fourthly , whether it bee not Lawfull to make a Warre , for the Purging , and Recouery of Consecrate Places , being now polluted , and Prophaned ; As the Holy City , and Sepulcher , and such other places , of principall Adoration , and Deuotion ? Fifthly , whether it be not Lawfull , to make a Warre , for the Reuenge , or Vindication of Blasphemies , and Reproaches , against the Deity , and our Blessed Sauiour ; Or for the Effusion of Christian Bloud , and Cruelties against Christians , though ancient , and long since past ; Considering that Gods Visits , are without limitation of Time ; And many times , doe but expect the Fulnesse of the Sinne ? Sixtly , it is to be considered , ( as Eupolis now last wel remembred , ) whether a Holy Warre , ( which , as in the Worthinesse of the Quarrell , so in the Iustnesse of the Prosecution , ought to exceed all Temporall Warres , ) may be pursued , either to the Expulsion of People , or the Enforcement of Consciences , or the like Extremities ; Or how to be moderated , and limited ; Lest whilest 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 Warre against the Turke : which Point , I thinke , would not haue come into my thought , but that Martius giuing vs yesterday , a Representation of the Empire of the Turks , with no small vigour of words , ( which you ( Pollio ) called an Inuectiue , but was indeed a true Charge , ) did put me in minde of it : And the more I thinke vpon it , the more I settle in Opinion ; That a Warre , to suppresse that Empire , though we set aside the Cause of Religion , were a iust Warre . After Zebedaeus had said this , he made a Pause , to see whether any of the rest would say any thing : But when he perceiued nothing , but Silence , and Signes of Attention , to that he would further say , hee proceeded thus .

ZEBEDAEVS .

Your Lordships will not looke for a Treatise from me , but a Speech of Consultation ; And in that Breuity , and Manner , will I speake . First , I shall agree , that as the Cause of a Warre , ought to be Iust ; So the Iustice of that Cause ought to be Euident ; Not Obscure , not Scrupulous . For by the Consent , of all Lawes , in Capitall Causes , the Euidence must be full and cleare : And if so , where one Mans life is in Question , what say we to a Warre , which is euer the Sentence of Death vpon many ? We must beware therefore , how we make a Moloch , or an Heathen Idoll , of our Blessed Sauiour , in sacrificing the Bloud of Men to him , by an vniust Warre . The Iustice of euery Action , consisteth in the Merits of the Cause , the Warrant of the Iurisdiction , and the Forme of the Prosecution As for the Inward Intention , I leaue it , to the Court of Heauen . Of these Things seuerally , as they may haue Relation , to the present Subiect of a Warre against Infidels ; And namely , against the most Potent , and most Dangerous Enemy of the Faith , the Turke . I hold , and I doubt nor , but I shall make it plaine , ( as farre as a Summe , or Breefe can make a Cause plaine , ) that a Warre against the Turke , is Lawfull , both by the Lawes of Nature , and Nations ; And by the Law Diuine , which is the Perfection of the other two . As for the Lawes Positiue , and Ciuill of the Romans , or other whatsoeuer , they are too small Engins , to moue the Weight of this Question . And therefore , in my iudgement , many of the late Schoolemen , ( though excellent Men , ) take not the right way in disputing this Question ; Except they had the gift of Nauius , that they could Cotem nouaculâ scindere ; Hew Stones with Pen-kniues . First , for the Law of Nature . The Philosopher Aristotle is no ill Interpreter thereof . He hath set many Men on worke , with a witty speech of Naturâ Dominus , and Naturâ Seruus ; Affirming expresly , and positiuely ; That from the very Natiuity , some Things are borne to Rule , and some things to Obey . Which Oracle hath beene taken in diuers senses . Some haue taken it , for a Speech of Ostentation , to entitle the Grecians , to an Empire ouer the Barbarians ; Which indeed was better maintained by his Scholler Alexander . Some haue taken it , for a Speculatiue Platforme , that Reason and Nature would , that the Best should gouerne ; But , not in any wise to create a Right . But for my part , I take it , neither for a Bragge , nor for a wish ; But for a Truth , as he limiteth it . For he saith , That if there can be found , such an Inequality betweene Man and Man , as there is betweene Man and Beast , or betweene Soule and Body , it inuesteth a Right of Gouernment ; Which seemeth rather an Impossible Case , than an vntrue Sentence . But I hold both the Iudgement true , and the Case possible ; And such as hath had , and hath a Being , both in particular Men , and Nations . But ere we goe further , let vs confine Ambiguities , and Mistakings , that they trouble vs not . First , to say , that the more Capable , or the better Deseruer , hath such Right to gouerne , as he may compulsorily , bring vnder the lesse Worthy , is idle . Men will neuer agree vpon it , who is the more Worthy . For it is not only in order of Nature , for him to gouerne , that is the more Intelligent , as Aristotle would haue it ; But there is no lesse required for Gouernment , Courage to protect ; and , aboue all , Honesty , and Probity of the Will , to abstaine from Iniury . So Fitnesse to gouerne , is a Perplexed Businesse . Some Men , some Nations , excell in the one ability , some in the other . Therefore the Position , which I intend , is not in the Comparatiue , that the Wiser , or the Stouter , or the Iuster Nation should gouerne ; But in the Priuatiue , that where there is an Heape of People , ( though we terme it a Kingdome , or State , ) that is altogether vnable , or Indigne to gouerne ; There it is a iust Cause of Warre , for another Nation , that is Ciuill , or Polliced , to subdue them : And this , though it were to be done , by a Cyrus , or a Caesar , that were no Christian . The second Mistaking , to be banished , is ; That I vnderstand not this of a Personall Tyranny , as was the State of Rome , vnder a Caligula , or a Nero , or a Commodus ; Shall the Nation suffer for that wherein they suffer ? But when the Constitution of the State , and the fundamentall Customes , and Lawes of the same , ( if Lawes they may be called , ) are against the Lawes of Nature , and Nations , then I say , a Warre vpon them is lawfull . I shall diuide the Question into three parts . First , whether there be , or may be , any Nation , or Society of Men , against whom it is lawfull to make a Warre , without a Precedent Iniury , or Prouocation ? Secondly , what are those Breaches of the Law of Nature , and Nations , which doe forfeit , and deuest , all Right , and Title , in a Nation to gouerne ? And thirdly , whether those Breaches of the Law of Nature , and Nations , be found in any Nation , at this day ; And namely in the Empire of the Ottomans ? For the first , I hold it cleare , that such Nations , or States , or Societies of People , there may be , and are . There cannot be a better Ground laid , to declare this , than to looke into the Originall Donation of Gouernment . Obserue it well ; Especially the Inducement , or Preface . Saith God : Let vs make man after our owne Image , and let him haue dominion , ouer the Fishes of the Sea , and the Fowles of the Aire , and the Beasts of the Land , &c. Hereupon De Victoria , and with him some others , inferre excellently , and extract , a most true , and diuine Aphorisme ; Non fundatur Dominium nisi in Imagine Dei. Here we haue the Charter of Foundation : It is now the more easie to iudge of the Forfeiture , or Reseisure . Deface the Image , and you deuest the Right . But what is this Image , and how is it defaced ? The Poore Men of Lyons , and some Fanaticall Spirits , will tell you , that the Image of God , is Purity ; And the Defacement , Sinne. But this subuerteth all Gouernment : Neither did Adams Sinne , or the Curse vpon it , depriue him of his Rule , but left the Creatures , to a Rebellion , or Reluctation . And therefore , if you note it attentiuely , when this Charter was renewed vnto Noah , and his Sonnes , it is not by the words , You shall haue Dominion ; But , Your Feare shall be vpon all the Beasts of the Land , and the Birds of the Aire , and all that moueth ; Not re-granting the Soueraignty , which stood firme ; But protecting it against the Reluctation . The sound Interpreters therefore , expound this Image of God , of Naturall Reason ; Which if it be totally , or mostly defaced , the Right of Gouernment doth cease : And if you marke 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 of the Defacements . To goe on . The Prophet Hosea , in the Person of God , saith of the Iewes ; They haue reigned , but not by me ; They haue set a Signory ouer themselues , but I knew nothing of it . Which Place proueth plainly , that there are Gouernments , which God doth not auow . For though they be ordained by his Secret Prouidence , yet they are not knowledged by his Reuealed Will : Neither can this be meant of euill Gouernours , or Tyrants : For they are often auowed , and stablished , as lawfull Potentates ; But of some Peruersnesse , and Defection , in the very Nation it selfe ; Which appeareth most manifestly , in that the Prophet speaketh , of the Signory in Abstracto , and not of the Person of the Lord . And although some Heretickes , of those we spake of , haue abused this Text , yet the Sunne is not soiled in Passage . And againe , if any Man inferre , vpon the words of the Prophets following , ( which declare this Reiection , and to vse the words of the Text , Rescision of their Estate , to haue beene for their Idolatry , ) that by this Reason , the Gouernments of all Idolatrous Nations , should be also dissolued , ( which is manifestly vntrue , ) in my iudgement it followeth not . For the Idolatry of the Iewes then , and the Idolatry of the Heathen then and now , are Sinnes of a farre differing Nature , in regard of the speciall Couenant , and the cleare Manifestations , wherein God did contract , and exhibit himselfe to that Nation . This Nullity of Policy , and Right of Estate , in some Nations , is yet more significantly expressed , by Moses in his Canticle . In the Person of God to the Iewes : Yee haue incensed mee with Gods , that are no Gods , and I will incense you with a People , that are no People . Such as were ( no doubt ) the People of Canaan , after Seisin was giuen , of the Land of Promise , to the Israelites . For from that time , their Right to the Land was dissolued , though they remained in many Places vnconquered . By this we may see , that there are Nations in Name , that are no Nations in Right , but Multitudes onely , and Swarms of People . For like as there are Particular Persons , vtlawed , and proscribed , by ciuill Lawes , of seuerall Countries ; So are there Nations , that are vtlawed , and proscribed , by the Law of Nature , and Nations ; Or by the immediate Commandement of God . And as there are Kings de Facto , and not de Iure , in respect of the Nullity of their Title ; So are there Nations , that are Occupants de Facto , and not de Iure , of their Territories , in respect of the Nullity , of their Policy ; or Gouernment . But let vs take in some Examples , into the Midst of our Proofes ; For they will proue as much , as put after ; And illustrate more . It was neuer doubted , but a Warre vpon Pyrates , may be lawfully made , by any Nation , though not infested , or violated by them . Is it because , they haue not Certas Sedes , or Lares ? In the Pyraticall War , which was atchieued by Pompey the Great , and was his truest , and greatest glory ; the Pyrates had some Cities , sundry Ports , and a great part of the Prouince of Cilicia ; And the Pyrates now being , haue a Receptacle , and Mansion , in Algiers . Beasts are not the lesse Sauage ; because they haue Dens . Is it because the Danger houers , as a Cloud , that a Man cannot tell , where it will fall ? And so it is euery Mans case . The Reason is good ; But it is not all , nor that which is most Alleadged . For the true receiued Reason is , that Pyrates are Communes Humani Generis Hostes ; Whom all Nations are to prosecute , not so much in the Right of their owne Feares , as vpon the Band of Humane Society . For as there are , Formall and written Leagues , Respectiue to certaine Enemies ; So is there a Naturall , and Tacite Confederation , amongst all Men , against the common Enemy of Humane Societie . So as there needs no Intimation , or Denunciation of the Warre ; There needs no Request from the Nation grieued ; But all these Formalities , the Law of Nature supplies , in the Case of Pyrates . The same is the Case of Rouers by Land ; Such as yet are some Cantons in Arabia ; And some petty Kings of the Mountaines , adiacent to Streights , and Wayes . Neither is it lawfull , onely for the Neighbour Princes , to destroy such Pyrates , or Rouers ; But if there were any Nation , neuer so farre off , that would make it an Enterprise of Merit , and true Glory , ( as the Romans , that made a Warre , for the Liberty of Grecia , from a distant , and remote Part , ) no doubt they mought doe it . I make the same Iudgement , of that Kingdome of the Assasins , now destroyed , which was situate vpon the Borders of Saraca ; And was , for a time , a great Terrour , to all the Princes of the Leuant . There the Custome was , that vpon the Commandement of their King , and a Blinde Obedience to be giuen thereunto , any of them was to vndertake , in the nature of a Votary , the insidious Murther , of any Prince , or Person , vpon whom the Commandement went . This Custome , without all question , made their whole Gouernment void , as an Engine built against Humane Society , worthy by all Men to be fired , and pulled downe . I say the like , of the Anabaptists of Munster ; And this , although they had not beene Rebels to the Empire : And put case likewise , that they had done no Mischiefe at all actually ; yet if there shall be a Congregation , and Consent of People , that shall hold all Things to be lawfull ; Not according to any certaine Lawes , or Rules , but according to the secret , and variable Motions , and Instincts of the Spirit ; This is indeed no Nation , no People , no Signorie , that God doth know : Any Nation , that is Ciuill , and Polliced , may ( if they will not be reduced , ) cut them off , from the Face of the Earth . Now let me put a Feigned Case , ( And yet Antiquity makes it doubtfull , whether it were Fiction , or History , ) of a Land of Amazons , where the whole Gouernment , Publike and Priuate , yea the Militia it Selfe , was in the hands of Women . I demand , is not such a Preposterous Gouernment , ( against the first Order of Nature , for Women to rule ouer Men , ) in it selfe void , and to be suppressed ? I speake not of the Reigne of Women ; ( For that is supplied by Counsell , and 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 .

printer's device of John Haviland

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 graft this Golden Head , vpon their owne Necks , after their Death . Nay they may make Nabuchadonozors Jmage of Monarchy , golden from Head to Foot . And if any of the Meaner sort of Politiques , that are sighted onely to see the worst of things , thinke ; That Lawes are but Cobwebs , and that good Princes will doe well without them , and bad will not stand much vpon them ; The Discourse is neither good , nor wise . For certaine it is , that good Lawes , are some bridle to bad Princes ; And as a very wall about Gouernment . And if Tyrants ( sometime ) make a breach into them , yet they mollifie euen Tyranny it selfe ; As Solons Lawes did the Tyranny of Pisistratus : And then ( commonly ) they get vp againe , vpon the first Aduantage of better times . Other meanes to perpetuate the Memory , and Merits of Soueraign Princes , are inferiour to this . Buildings of Temples , Tombes , Palaces , Theaters , and the like , are honourable things , and looke bigge vpon Posterity . But Constantine the Great gaue the Name well to those workes , when hee vsed to call Traian , that was a great Builder , Parietaria , Wall-Flower ; Because his Name was vpon so many Walls . So if that be the Matter , that a King would turne Wall-flower , or Pellitory of the Wall , with cost he may . Adrian's veine was better ; For his minde was to wrastle a fall with Time ; And being a great Progressour through all the Roman Empire , when euer he found any Decaies of Bridges , or Highwaies , or Cuts of Riuers and Sewers , or Walls , or Banks , or the like , he gaue substantiall order , for their Repaire with the better . Hee gaue also Multitudes of Charters , and Liberties , for the comfort of Corporations , and Companies in decay . So that his Bounty did striue with the Ruines of Time . But yet this , though it were an excellent Disposition , went but ( in effect ) to the Cases and Shels of a Common-wealth . It was nothing to Vertue or Vice . A bad Man might indifferently take the benefit and ease of his Waies and Bridges , as well as a good ; And bad People might purchase good Charters . Surely , the better Workes of Perpetuity in Princes , are those , that wash the Jn-side of the Cup. Such as are Foundations of Colledges , and Lectures , for Learning and Education of youth ; Likewise Foundations and Jnstitutions of Orders and Fraternities , for Noblenesse , Enterprise , and Obedience , and the like . But yet these also , are but like Plantations , of Orchards , and Gardens , in Plots and Spots of Ground , here and there ; They doe not till ouer the whole Kingdome , and make it fruitfull , as doth the Establishing of good Lawes and Ordinances ; Which makes a whole Nation , to be as a well ordered Colledge , or Foundation .

This kinde of Worke , in the memory of Times , is rare enough to shew it Excellent ; And yet not so rare , as to make it suspected , for Impossible , Inconuenient , or Vnsafe . Moses , that gaue Lawes to the Hebrewes , because he was the Scribe of God himselfe , is fitter to be named for honours sake to other Lawgiuers , than to bee numbred or ranked amongst them . Minos , Lycurgus , and Solon , are Examples for Themes of Grammar Schollers . For ancient Personages , and Characters , now adayes , vse to wax Children againe ; Though that Parable of Pindarus be true ; The best thing is Water . For Common and Triuiall Things are ( many times ) the best ; And rather despised vpon Pride , because they are vulgar , than vpon Cause , or Vse . Certaine it is , that the Lawes of those three Law-Giuers , had great Prerogatiues . The first , of Fame ; Because they were the Patterne amongst the Grecians . The second , of Lasting ; For they continued longest without alteration . The third , of a Spirit of Reuiuer ; To bee often oppressed , and often restored .

Amongst the seuen Kings of Rome , foure were Law-Giuers . For it is most true , that a Discourser of Italy saith : There was neuer State , so well swadled in the Infancie , as the Roman was , by the vertue of their first Kings : Which was a principall Cause of the wonderfull growth of that State , in after times .

The Decemuirs Lawes , were Lawes vpon Lawes , not the Originall ; For they grafted Lawes of Grecia , vpon Roman Stocke , of Lawes , and Customes . But such was their successe , as the Twelue Tables , which they compiled , were the maine Body of the Lawes , which framed and weilded the great Body of that Estate . These lasted a long time , with some Supplementals , and the Pretorian Edicts in Albo ; Which were in respect of Lawes , as Writing Tables in respect of Brasse ; The one to be put in and out , as the other is permanent . Lucius Cornelius Sylla reformed the Lawes of Rome . For that Man had three Singularities , which neuer Tyrant had , but he . That he was a Law-Giuer ; That he tooke part with the Nobility ; And , That he turned Priuate Man , not vpon Feare , but vpon Confidence .

Caesar long after desired to imitate him only in the First ; For otherwise hee relied vpon new Men : And for resigning his Power Seneca describeth him right : Caesar gladium citò condidit , nun quam posuit . Caesar soone sheathed his sword , but neuer put it off . And himselfe tooke it vpon him , saying in scorne of Syllae's Resignation . Sylla nesciuit literas , dictare non potuit . Sylla knew no letters , he could not dictate . But for the part of a Law-Giuer , Cicero giueth him the Attribute . Caesar , si ab eo quaereretur , quid egisset in Togâ ; leges se respondisset , multas & praeclaras tulisse . Jf you had asked Caesar , what he did in the Gowne , he would haue answered , that he made many excellent Lawes . His Nephew Augustus did tread the Same steps , but with deeper print , because of his long Reigne in peace ; Whereof one of the Poets of his time saith ; Pace datâ terris , animum ad Ciuilia vertit : Jura suum , legesque tulit iustissimus Author .

From that time , there was such a Race of Wit and Authority , betweene the Commentaries and Decisions of the Lawyers , and the Edicts of the Emperours , as both Lawes and Lawyers were out of breath . Whereupon Iustinian in the end recompiled both ; And made a Body of Lawes , such as might be weilded , which himselfe calleth gloriously , and yet not aboue truth ; The Edifice or Structure of a sacred Temple of Iustice ; Built indeed , out of the former Ruines of Bookes , as Materials , and some Nouell Constitutions of his owne .

In Athens they had Sexuiri , ( as Aeschines obserueth , ) which were standing Commissioners ; Who did watch to discerne , what lawes waxed vnproper for the Times , and what new Law did in any branch crosse a former Law , and so Ex officio propounded their Repeale .

King Edgar collected the Lawes of this Kingdome , and gaue them the strength of a Faggot bound , which formerly were dispersed : Which was more glory to him , then his Sailing about this Island , with a potent Fleet. For that was , as the Scripture saith ? Via nauis in mari ; The way of a ship in the Sea ; It vanished ; but this lasteth . Alphonso the Wise , ( the ninth of that Name , ) King of Castile , compiled the Digest of the Lawes of Spaine , Intituled the Siete Partidas ; An excellent Worke , which he finished in seuen years . And as Tacitus noteth well ; That the Capitoll , though built in the beginnings of Rome , yet was fit for the great Monarchy that came after ; So that Building of Lawes sufficeth the Greatnesse of the Empire of Spaine , which since hath ensued .

Lewis the eleuenth had it in his minde , ( though he performed it not , ) to haue made one constant Law of France ; Extracted out of the Ciuill Roman Law , and the Customes of Prouinces which are Various , and the Kings Edicts which with the French are Statutes . Surely he mought haue done well , if , like as he brought the Crowne , ( as he said himselfe , ) from Page ; So he had brought his People from Lacquay ; Not to runne vp and downe for their Lawes , to the Ciuill Law , and the Ordinances , and the Customes , & the Discretions of Courts , & discourses of Philosophers , as they vse to doe .

King Henry the Eighth , in the twenty seuenth yeare of his Reigne , was authorized by Parliament , to nominate 32. Commissioners , part Ecclesiasticall , and part Temporall ; To purge the Canon Law , and to make it agreeable to the Law of God , and the Law of the Land . But it tooke not effect . For the Acts of that King were ( commonly ) rather Proffers , and Fames , than either well grounded , or well pursued . But I doubt , I erre in producing so many examples . For as Cicero said to Caesar , so may I say to your Maiestie ; Nil vulgare te dignum videri possit . Though indeed this well vnderstood is farre from Vulgar . For that the Lawes of the most Kingdomes and States , haue beene like Buildings of many peeces , & patched vp , from time to time , according to occasions , without Frame , or Modell .

Now for the Lawes of England , ( if I shall speake my Opinion of them , without partiality , either to my Profession , or Country , ) for the Matter and Nature of them , I hold them Wise , lust , and Moderate Lawes : They giue to God , they giue to Caesar , they giue to the Subiect , what appertaineth . It is true , they are as mixt , as our Language , compounded of Brittish , Roman , Saxon , Danish , Norman Customes . And surely , as our Language is thereby so much the richer ; So our Lawes are likewise by that Mixture , the more compleat .

Neither doth this attribute lesse to them , than those that would haue them to haue stood out the same in all Mutations . For no Tree is so good first set , as by transplanting , and Grafting . I remember what happened to Callisthenes , that followed Alexanders Court , and was growne into some displeasure with him , because he could not well brooke the Persian Adoration . At a Supper , ( which with the Grecians was a great part Talke , ) he was desired , ( the King being present , ) because he was an Eloquent Man , to speake of some Theme ; Which he did ; And chose for his Theme the praise of the Macedonian Nation ; Which though it were but a filling Thing , to praise Men to their Faces yet he performed it with such aduantage of Truth , and auoidance of Flattery , and with such Life , as was much applauded by the Hearers . The King was the lesse pleased with it , not louing the Man , and by way of discountenance , said ; It was easie to be a good Oratour in a pleasing Theme ; But saith he to him ; Turne your stile ; And tell vs now of our faults , that we may haue the profit , and not you the praise onely : Which he presently did , with such Quicknesse , that Alexander said ; That Malice made him Eloquent then , as the Theme had done before . I shall not fall into either of these Extremes , in this Subiect , of the Lawes of England . I haue commended them before for the Matter , but surely they aske much Amendment for the Forme ; Which to reduce and perfect , I hold to be one of the greatest Dowries , that can be confer'd vpon this Kingdome . Which Worke , for the Excellency , as it is worthy your Maiesties Act , and Times ; So it hath some circumstance of Propriety agreeable to your Person . God hath blessed your Maiesty with Posterity ; And I am not of opinion , that Kings that are barren , are fittest to supply Perpetuity of Generations , by perpetuity of Noble Acts ; But contrariwise , that they that leaue Posterity , are the more interessed in the Care of Future Times ; That as well their Progeny , as their People , may participate of their Merit .

Your Maiesty is a great Master in Iustice , and Iudicature ; And it were pity , the fruit of that your Vertue , should not bee transmitted to the Ages to come . Your Maiestie also reigneth in learned times , the more , ( no doubt , ) in regard of your owne Perfection in Learning , and your Patronage thereof . And it hath beene the Mishap of Works of this nature , that the lesse Learned Time , hath ( sometimes ) wrought vpon the more Learned ; Which now will not be so . As for my selfe , the Law was my Profession , to which I am a Debter : Some little Helps I haue of other Arts , which may giue Forme to Matter ; And I haue now , ( by Gods mercifull Chastisement , and by his speciall Prouidence , ) time and leisure , to put my Talent , or halfe-Talent , or what it is , to such Exchanges , as may perhaps exceed the Interest of an Actiue Life . Therefore , as in the beginning of my Troubles , I made offer to your Maiestie to take paines in the Story of England , and in compiling a Method and Digest of your Lawes ; So haue I performed the first , ( which rested but vpon my selfe , ) in some part ; And I doe , in all humblenesse , renew the offer of this latter , ( which will require Helpe and Assistance , ) to your Maiestie , if it shall stand with your good pleasure , to imploy my Seruice therein .

THE HISTORY OF THE REIGNE OF KING Henry the Eighth .

printer's device of John Haviland

LONDON , Printed by IOHN HAVILAND for Humphrey Robinson . 1629.

THE HISTORY OF THE REIGNE OF King HENRIE The Eighth .

AFter the Decease , of that Wise , & Fortunate King , King Henry the 7 , who died in the Height of his Prosperity , there followed ( as vseth to doe , when the Sun setteth so exceeding cleare , ) one of the fairest Mornings of a Kingdome , that hath beene knowne in this Land , or any where else . A young King , about 18. yeares of Age , for Stature , Strength , Making , and Beauty , one of the goodliest Persons of his time : And though he were giuen to Pleasure , yet he was likewise desirous of Glory ; So that there was a passage open in his Minde , by Glory , for Vertue . Neither was he vn-adorned with Learning , though therein he came short of his Brother Arthur . He had neuer any the least pique Difference , or Iealousie , with the King his Father , which might giue any occasion , of altering Court , or Counsell vpon the change , but all things passed in a Still . He was the first Heire of the White , and the Red Rose ; So that there was no discontented Party now left in the Kingdome , but all Mens Hearts turned towards him . And not onely their Hearts , but their Eyes also . For he was the onely Sonne Of the Kingdome . He had no Brother , which though it be a comfortable thing , for Kings to haue , yet it draweth the subiects Eyes a little aside . And yet being a married Man in those young yeares , it promised hope of speedy Issue , to succeed in the Crowne . Neither was there any Queene Mother , who might share any way in the Gouernment , or clash with his Counsellours for Authority , while the King intended his pleasure . No such thing , as any Great and Mighty Subiect , who might any way eclipse , or ouershade the Imperiall Power . And for the people , and State in generall , they were in such lownesse of obedience , as Subiects were like to yeeld , who had liued almost foure and twenty yeares , vnder so politique a King , as his Father ; Being also one who came partly in by the sword ; And had so high a Courage in all points of Regalitie ; And was euer victorious in Rebellions , and Seditions of the People . The Crowne extremely rich , and full of Treasure , and the Kingdome like to be so in short time . For there was no War , no Dearth , no Stop of Trade , or Commerce , it was onely the Crowne , which had sucked too hard , and now being full , and vpon the head of a young King , was like to Draw lesse . Lastly , he was Inheritour 〈◊〉 Fathers Reputation , which was great 〈◊〉 ou● the World ▪ He had streight ●●●nce● with the two Neighbour States 〈…〉 Enemy in 〈◊〉 to times , and an 〈…〉 Fri●●d , Scotland , and Burgundy . He had Peace , and Amitie with France , vnder the Assu●●●● not only of Treatie and League , but of Necess●●e and Inhabilitie in the French to doe him hurt , in respect that the French Kings Designes were wholly bent vpon Italy . So that it may be truly said , there had scarcely beene seene , or knowne , in many Ages , such a rare Concurrence of Signes , and Promises , of a happy , and flourishing Reigne to ensue , as were now met in this young King , called , after his Fathers name , HENRY the Eighth . &c.

FINIS .