OF AN HOLY WAR. 139 



ticular persons outlawed and proscribed by civil 

 laws of several countries ; so are there nations that 

 are outlawed and proscribed by the law of nature 

 and nations, or by the immediate commandment of 

 God. And as there are kings &quot; de facto,&quot; and not 

 &quot; de jure,&quot; in respect of the mullity of their title ; 

 so are there nations that are occupants &quot; de facto, 

 and not &quot; de jure,&quot; of their territories, in respect of 

 the nullity of their policy or government. But let 

 us take in some examples into the midst of our 

 proofs ; for they will prove as much as put after, and 

 illustrate more. It was never doubted, but a war 

 upon pirates may be lawfully made by any nation, 

 though not infested or violated by them. Is it be 

 cause they have not &quot; certas sedes,&quot; or &quot; lares ?&quot; In 

 the piratical war which was achieved by Pompey 

 the Great, and was his truest and greatest glory, the 

 pirates had some cities, sundry ports, and a great 

 part of the province of Cilicia ; and the pirates now 

 being, have a receptacle and mansion in Algiers. 

 Beasts are not the less savage because they have 

 dens. Is it because the danger hovers as a cloud, 

 that a man cannot tell where it will fall ; and so it is 

 every man s case ? The reason is good, but it is 

 not all, nor that which is most alledged. For the 

 true received reason is, that pirates are &quot; communes 

 humani generis hostes ;&quot; whom all nations are to 

 prosecute, not so much in the right of their own 

 fears, as upon the band of human society. For as 

 there are formal and written leagues, respective to 



