The works of Francis Bacon, lord chancellor of England.

OF A HOLY WAR. 441 Saviour, in sacrificing the blood of men to him by or the stouter, or the juster nation should govern; an unjust war. The justice of every action con- but in the privative, that where there is a heap sisteth in the merits of the cause, the warrant of of people, though we term it a kingdom or state, the jurisdiction, and the form of the prosecution. that is altogether unable or indign to govern; As for the inward intention, I leave it to the court there it is a just cause of war for another nation, of heaven. Of these things severally, as they that is civil or policed, to subdue them: and this, may have relation to the present subject of a war though it were to be done by a Cyrus or a Caesar, against infidels; and, namely, against the most that were no Christian. The second mistaking to potent and most dangerous enemy of the faith, the be banished is, that I understand not this of a perTurk; I hold, and I doubt not but I shall make sonal tyranny, as was the state of Rome under a it plain, as far as a sum or brief can make a cause Caligula, or a Nero, or a Commodus: shall the plain, that a war against the Turk is lawful, both nation suffer for that wherein they suffer? But by the laws of nature and nations, and by the law when the constitution of the state, and the fundadivine, which is the perfection of the other two. mental customs and laws of the same, if laws they As for the laws positive and civil of the Romans, may be called, are against the laws of nature and or others whatsoever, they are too small engines nations, then, I say, a war upon them is lawful. I to move the weight of this question. And, there- shall divide the question into three parts. First, fore, in my judgment, many of the late schoolmen, whether there be, or may be any nation or society though excellent men, take not the right way in of men, against whom it is lawful to make a war, disputing this question; except they had the gift without a precedent injury or provocation? Seof Navius, that they could, " cotem novacula condly, what are those breaches of the law of nascindere," hew stones with penknives. First, ture and nations, which do forfeit and divest all for the law of nature. The philosopher Aristotle right and title in a nation to govern? And, thirdly, is no ill interpreter thereof. He hath set many whether those breaches of the law of nature and men on work with a witty speech of "~natura nations be found in any nation at this day? and, dominus," and " natura servus;" affirming ex- namely, in the empire of the Ottomans? For the pressly and positively, that from the very nativity first, I hold it clear that such nations, or states, or some things are born to rule, and some things to society of people, there may be and are. There obey: which oracle hath been taken in divers cannot be a better ground laid to declare this, than senses. Some have taken it for a speech of to look into the original donation of government. ostentation, to entitle the Grecians to an empire Observe it well, especially the inducement, or over the barbarians; which indeed was better preface. Saith God: " Let us make man after our maintained by his scholar Alexander. Some have own image, and let him have dominion over the taken it for a speculative platform, that reason fishes of the sea, and the fowls of the air, and the and nature would that the best should govern; beasts of the land, &c." Hereupon De Victoria, but not in any wise to create a right. But, for my and with him some others, infer excellently, and part, I take it neither for a brag, nor for a wish; extract a most true and divine aphorism, 6" Non but for a truth as he limiteth it. For he saith, fundatur dominiumnisi in imagine Dei." Here that if there can be found such an inequality we have the charter of foundation: it is now the between man and man, as there is between more easy to judge of the forfeiture or reseizure. man and beast, or between soul and body, it Deface the image, and you divest the right. But investeth a right of government: which seemeth what is this image, and how is it defaced? The rather an impossible case than an untrue sen- poor men of Lyons, and some fanatical spirits, tence. But I hold both the judgment true, and will tell you, that the image of God is purity; and the case possible; and such as hath had, and hath the defacement, sin. But this subverteth all goa being, both in particular men and nations. But vernment: neither did Adam's sin, or the curse ere we go farther, let us confine ambiguities and upon it, deprive him of his rule, but left the mistakings, that they trouble us not. First, to creatures to a rebellion or reluctation. And, theresay that the more capable, or the better deserver, fore, if you note it attentively, when this charter hath such right to govern, as he may compulsorily was renewed unto Noah and his sons, it is not by bring under the less worthy, is idle. Men will the words, You shall have dominion; but ", Your never agree upon it, who is the more worthy. fear shall be upon all the beasts of the land, For it is not only in order of nature, for him to and the birds of the air, and all that moveth:'9 govern that is the more intelligent, as Aristotle not regranting the sovereignty, which stood would have it; but there is no less required for firm; but protecting it against the reluctation. government, courage to protect; and, above all, The sound interpreters therefore expounded this honesty and probity of will to abstain from injury. image of God, of natural reason; which if it be So fitness to govern is a perplexed business. totally or mostly defaced, the right of government -Some men, some nations, excel in the one ability, doth cease; and if you mark all the interpreters some in the other. Therefore the position which well, still they doubt of the case, and not of thu I intend, is not in the comparative, that the wiser, law. But this is properly to be spoken to in VOL II.-5(;

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Title
The works of Francis Bacon, lord chancellor of England.
Author
Bacon, Francis, 1561-1626.
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Page 441
Publication
Philadelphia,: A. Hart,
1852.
Subject terms
Bacon, Francis, -- 1561-1626.

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"The works of Francis Bacon, lord chancellor of England." In the digital collection Making of America Books. https://name.umdl.umich.edu/aje6090.0002.001. University of Michigan Library Digital Collections. Accessed June 20, 2025.
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