left an Honourable employment in which he had gain'd much reputation and went to his own Countrey to commence a War against his Prince for being illiterate he was not able to discern that he was fighting against Gods Ordinances when he suffer'd himself to be perswaded by some skilful and learned men that he was to fight for the cause of God That Souldier who serves or fights for any Prince or State for wages in a cause he knows to be unjust sins damnably and stands in need of both a sudden and serious repentance But alas how few of them can discern and again alas how few of them study to discern and inform themselves of the Justice or Unjustice of a cause Besides it is the sad fate of many of them that being engaged in a foreign Prince's service even in a just cause when that War is at an end the Prince begins a new War and an unjust one but will not permit his Souldiers to leave his service as being tyed to him by their Military Sacrament yet I think if foreign Souldiers knew the War to be unjust in such a case they should desert their employments and suffer any thing that can be done to them before they draw their Swords against their own Consciences and Judgements in an unjust quarrel Grotius tells us that St. Austin says Militare non est delictum propter praedam St. Austinâ— defended militare est peccatum To be a Souldier says the Father is no crime but to serve in the Wars for booty is a sin and I shall say so too Yet neither St. Austin nor Grotius dare aver but a Souldier after the Victory may take a share of the booty It was a common practice of Gods people the Israelites and it is no where forbidden in Gods word Austine's meaning then must be to fight meerly for Booty without any other motive is a sin and so I say too But observe that the Father says not Militare propter mercedem est peccatum To fight for wages is a sin for indeed iâ— is no sin for a meer Souldier to serve for wages unless his Conscience tells him he fights in an unjust cause but Grotius adds Imo propter stipendium militare peccaâ—um est si id unice praecipâ—e spectâ—â—ur Yea to fight for wages says he is a sin if wages be chiefly and only look'd to What if I grant him all this it will not follow that the profession of pure and only Souldiery without any other trade is unlawful If some Souldiers serve only for wages without any consideration of the cause all do not â—o But what if the Souldier cannot know whether the cause for which he fights be just or unjust nay what if he conceive the cause to be most just whâ—n it is truly in it self most unjust shall we not presume that in such a case invincible Ignorance may plead an excuse with a merciful God assuredly it should prevail much with the charity Christ hath commanded men to bear one to another I am of the opinion if De Grot had writ thus when his Masters the Estates of the Sâ—vâ—n Vnited Provinces commenc'd their War against the King of Spain they would have given him but very sorry thanks for such doctrine for they stood then in great need of men as perhaps they do this very day and whether their quarrel with Philip the Second who undoubtedly was their Soveraign one way or other was just or unjust was strongly debated among the wiâ—est States-men Politicians Divines and Lawyers in all Europe and therefore could not be discerned by every dull and block-headed Souldier it was enough for them to believe what their Masters said That the cause was just and therefore very lawful for them to serve for wages And if those Estates had not begun the War till all those who serv'd them whose only trade was Souldiery had been satisfied in their Judgements and Consciences concerning the justice of the War I dare affirm they had never been either Free or Soveraign Estates What Judgement shall we make of all the Civil Wars of Germany France and Great Britain certainly the cause of both parties could not be just and yet no doubt all or most of each party thought their own cause the most just and the only just cause shall we therefore cast all whose quarrel was most unjust into the ever-burning flames of Hell God forbid Ignorance was the greatest sin of most of them though it may be feared many of the Leaders of the faction sinn'd against Conscience and Judgement The late King of Sueden Charles Gustavus invaded Poland in the year 1655. examine the matter rightly it was a most perfect breach of the twenty six years Truce concluded and sworn in the year 1635. there being yet six years to run but the poverty of the Suedish Court of the Grandees and General persons concurring with the unlimited Ambition of that Martial King trod upon all bonds of Equity Law and Justice and carried on that Invasion and that Kings Manifesto though the poorest that ever was published was so gilded over with seeming reasons for the justification of his Arms that thousands not piercing further than the external pretences were fool'd into a belief that the cause was just and were content to serve him for pay What Court of Justice can condemn those Innocents for sin yet if De Grot presided in it they would be condemn'd to the Gallows and perhaps worse as fedifragous and perjur'd Breakers of the Laws of Nations Robbers and Thieves It is question Whether those Souldiers who made their address to John the John the Baptist Baptist serv'd in a just and lawful War or not For my part I think they did not yet they serv'd their Master the Roman Emperour for pay and thought the cause just which I am confident justified their service in an ill cause otherwise the Baptist was oblig'd to tell them their quarrel was unjust and if they continued in that service they sinn'd damnably but he rather encourag'd them to serve still and be content with their pay and wrong no man Grotius would have handled them more roughly That the cause wherein they serv'd was unjust and unlawful I demonstrate thus Whether Pompey and Crâ—ssus made War in the name of the Roman Senate against the Jews justly and lawfully shall not be the debate though I think they did not but whether that War was just or not Julius Câ—sar usurping the State alter'd the case for as he had no just right to the Soveraignty of Rome so he had as little to Judea After his death the Senate and People of Rome resumes the Soveraignty but kept it not long for it was soon taken from them by Octavius Antony and Lepidus and so reduc'd to a Triumvirate Antony and Octavius quickly robb'd Lepidus of his third and so divided the Empire into two parts each of them usurping the Soveraignty of his own share to which neither of them
who fears God and hates vice especially bribery A Lawyer he should be in regard most Articles of War have their rise from Law and many cases chance to His Qualifications and Duty be voided in Courts of War where no Military article is clear but must be determin'd by the Civil or by the Municipal Law of the Prince to whom the Army belongs and the Judg-Marshals duty is to inform the Court what either of these Laws provides in such cases Some Princes remit the whole Justice of the Army so absolutely to the Judg-Marshal that they give him power to punish Soldiers who transgress publick Proclamations of himself without the Colonels consent yea whether he will or not The Provost-Marshal General and all Officers of Justice of the Army whatever name they bear are to obey the Judg-Marshals directions and orders He may cause Delinquents to be apprehended and send them to the Regiments to His Power very great which they belong with direction to the Colonels to call Regiment Courts of War at which he may appoint the Provost-Marshal or his Lieutenant to be present and to appeal from it in case any unjust or partial sentence be pronounced All complaints whether in matters Civil or Criminal use to be brought before him and in many of them he hath power to give judgment himself without any Court and in others he hath authority to oblige Colonels to do Justice wherein if they fail he may bring them before a General Court to answer for their partiality All differences that are among Merchants Tradesmen Mark-tenters and Sutlers who are permitted to frequent the Army or that happen between any of them and the Officers and Soldiers are brought before him and in them all after due examination of the whole fact and witnesses he hath power to judg and give sentence He hath power to call together a General Court of War and to call such Colonels to it as he thinks fit but herein he seldom acts till the General or Feltmarshal advise the matter with him Such Colonels as he cites to be Assessors and do not appear he may fine and by the Fiscal exact the Fines he hath imposes He is bound to examine all Prisoners of War as also all such as frequent the Army and may be suspected to be spies All Testaments Contracts and Obligations between party and party are judged to be in force when they are signed and attested by him He hath power of the Measures and Weights within the Army and may order the Marshals to set fitting Prices on all vendible things that are for Back or Belly And he is to have a care that the Provost-Marshals neither wrong the Soldiers nor the Merchants Victualers or Sutlers and he is Judg in any difference that may arise between any of them A Provost-Marshal General is by those who do not well understand his Office A Provost-Marshal-General taken at best to be but a Jaylor but by some to be a Hangman But no Jaylor ever durst assume the power which all Military Laws and Customs give a Marshal for he may by vertue of his Office without any command or permission of his Superiors apprehend those he finds actually transgressing the Articles of War or in any other gross misdemeanor and according to the quality of the fault either detain them Prisoners with a Guard or yet clap them in Irons But he His Power in an Army may neither dismiss them nor yet impose further punishment on them without order from either the Commander in chief of the Army or the Judg-Marshal General At some times and in some occassons he is permitted yea commanded to hang or shoot to death such as he finds in contempt of late Proclamations stragling robbing burning or Plundering And for that reason a Guard of Horse is allow'd him these the French call Archers Whosoever offers to oppose him in the exercise of his charge be what he will is to die for it All Provost-Marshals of Regiments Troops or Companies whether of Horse or Foot are to swear obedience to the Commands of this Marshal-General and whoever pays it not is by the command of the Auditor-General turn'd out of the Army with the consent of the Colonel or Captain according as he is a Regiment or Companies Marshal All Marshals of Regiments are bound when they are in the field every morning and evening to wait on the Marshal-General to receive his directions according to Emergencies and he who fails in either attendance or obedience is punishable according to the quality of the fact I have told you that in General Courts of War he is the Accuser and is to see the sentence put in execution He is to have a strict eye over his inferior Marshals that they do their Duties uprightly and impartially and that they permit not the Soldiers to wrong the Victualers and Sutlers nor those to wrong the Soldiers by taking greater Prices or selling with less measures or weights than those appointed by the Auditor-General He ought to take pains to learn what the Prices of things His Duty are in these Towns where the Mark-tenters buy their Wine Beer Tobaco Vinegar Oyl Bread Bacon and other Provisions that accordingly the General Auditor may know with the greater justice to impose the Prices But the truth is the Buyers are too often abused and the Prices set too high by the collusion of the Provost-Marshal with Sutlers and the Sutlers bribing the Judg Marshal The Provost-Marshal General hath a Jaylor under him who must be paid by His Jaylor every Prisoner his Jail-money and if Irons be clapt on him he must pay for them besides He is to have a pottle of Wine or Beer of every Hogshead that is brought to the Camp by the Sutlers and the Tongue of every Beast that is slaughter'd in it and for these he agrees with the Regiment-Marshals The same power he hath in the field with an Army the like he hath in all Garrisons though he come to any of them but accidentally or upon some emergency Under the Marshal-General are Hangmen and those are the fellows who glory that all this great show and parad of Justice of Courts of War of Judg-Marshals of Provost Marshals and Clerks would be but a fanfare and signifie nothing at all if it were not for them They avouch that they are the Pillars the props and supporters of Justice for if say they the Executive part of the Law be the life of the Law then Hangmen who are the true and unquestionable Hangmen Executioners of the Law keep life in the Law by taking away the lives of the Breakers contemners and transgressors of it I have known another high Justitiary in Swedish Armies of equal power with the Marshal-General for what power this last hath in Quarters Garrison or Camp the same hath the other in the field on a March he is qualified with the title of Rumor-master General whether he be made use of
for the relief of the besieged Queen and City of Buda and that Soliman himself by speedy marches was hastning thither could not be mov'd or perswaded by any intreaties or remonstrances of the principal Commanders of his army to raise the Siege vowing and protesting that he neither could nor would do it without an express warrant from his Master King Ferdinand but before that could come he and his misfortunate Army were both irrecoverably ruin'd The sad History of all these three Armies you may read at length in Paolo Giovio Be pleased to take another instance of a later date In the year 1657 Charles Gustavus King of Sweden invaded the Dutchy of Holstein with a very inconsiderable army his Horsemen and his Soldiers were almost naked and all beaten Actions of two Kings compar'd with a long march from Pole nor was it so strong as eleven thousand of all Frederick the third King of Denmark intrusts a well appointed army of sixteen thousand Horse and Foot to a Feltmarshal and stays at Copâ—nhagen himself by the perswasions of his Privy Council The Swede being in person on the head of his harass'd army prevail'd every where ruined the Danish army without one blow and besieged the reliques of it in Frederichsode a strong Town stormed it and took it with the slaughter of the Danish Feltmarshal and most of his men and got in it above one hundred Brass-guns and much Ammunition After this a vehement Frost being commanded from Heaven to favour him with a Bridg he stept over the Ice from Isle to Isle on the Belt where he forced the Dane to accept of such conditions as he imposed which were both dishonourable and disadvantageous Sure if the King of Denmark had been personally present with his forces he had at least once fought for it To make War in person seems to be one of the essential Duties of a King or Soveraign Prince this was one of those reasons which the people of God gave for their desire to have a King to rule over them To do justice among our selves Kings of Israel and Judah made War iâ— person and to lead out our armies to battel against our enemies and they add after the manner of other Nations So then it is clear that Kings at that time went to the field in person So did Saul the first King of Israel and so did David and most of all his Successors Kings of Judah and Israel And if it be objected that David made Joab his Captain General I give two answers first Joab's authority ceased when David was present which he was almost constantly with his forces The objection of Joab answer'd till he was established King of Israel For Joab's employment where he commanded in chief if I have observed right was first against the Rebel Absalom and this was a Civil War and then against the Ammonites and that was a foreign War both these had their rise from sudden Emergencies In the last the Kings presence till the latter part of it was not necessary and in the first not at all convenient But secondly I answer that David did often repent him of the large Commission he had given to Joab who thereby made himself so strong that the King durst not hazard to punish him for his misdemeanors which he often insinuated in those words You are too strong for me you Sons of Zâ—rviah That oâ— Benajah answer'd As to Solomons making Benajah Captain General it signified but little since there was no War in his time and the Captain of the Host was almost constantly beside him If any War had fallen out probably Solomon would have conducted his forces himself But his reign was peaceable as being the Type of the Prince of Peace yet he might have repented it if he had confer'd that high trust on Jeroboam who if he had been Captain General probably would not have fled to Egypt for fear of King Solomon for his actions against Rehoboam declared afterward that the heart of a Rebel was within his breast whatever his exterior deportment was in the time of that peaceable King But to what I have said That Soveraign Princes should conduct their armies Objections against what hath been said First in person it will be objected That an Infant King cannot manage a War To which I answer that then the Prince nearest in blood should do it as well as he should govern in Civil affairs And if it be said he may usurp I answer Better he do so than a fellow subject who may play the like prank if he be invested with the like power But it is known that many Infant Kings have been carried Answer'd about with their armies to encourage them so great an influence hath the presence of Soveraign power though in a Child over the spirits of Military persons Observe what Henry the sixth of England's valiant Uncles did for him and how faithful they were to him during his Minority Observe also that Roxanâ— her being with Child to the Great Alexander made his ambitious Captains after his death smother their foaring thoughts till time should discover to them whether their Soveraign was in her belly or not that accordingly they might know how to take up their measures In the second place it will be askt what shall an old decrepit or Valetudinary The Second King do who is not able to go to the field Truly I shall not desire him to do as that King of Morocco did who in the Battel he fought with Sebastian King of Portugal caused himself to be carried in a Litter whereby he gain'd the Victory though with the loss of his own life in the field But I say such a King Answer'd may intrust as many of his subjects as are able and capable to lead armies but he should put the managing the great bulk of the War principally in the hands of the heir of the Crown to command over all and if he be not of age fit for it then that great trust should be given to the next Prince of the blood who is capable of it When the Imperial and Spanish forces Invaded France in the year 1635 the French King made his Brother Gaston Generalissimo who chac'd the enemy out of the Kingdom After the Emperour Ferdinand the Second had suffer'd many losses at last he made his own Son the Hungarian King Generalissimo over all his armies who at his very first Encounter with the Swedes routed two of their armies at Nordling in the year 1634 and in the space of two months made them lose more ground than they had gain'd in two whole years before Thirdly it will be said a Soveraign Queen cannot lead armies and therefore The Third cannot manage the War in person I shall not answer that many Princesses have done it gloriously and successfully both in ancient and modern times and therefore all should imitate them But I shall say that she can imploy no better nor
fitter Captain General than him who is nearest in blood to her self for he is most proper to represent the Soveraign power who is next to it I confess Queen Elizabeth of England did not so and yet was fortunate in all her Wars Answered she had very gallant and loyal Subjects neither was it in her power to make that choice I spoke of because he who was next to her in blood was a Soveraign Prince of another Kingdom And if it be objected that Christina Queen of Sweden manag'd her German War fortunately under the Conduct of several brave Captains who were not of the blood I shall answer it is true yet for all that I aver that all of them did not so much in sixteen years time after the death of Gustavus as he did alone in the space of two years And Christina at length found it necessary to give the great trust of all her armies in Germany to her nearest Cousin the Count Palatine and send him over with the Title of Generalissimo which she never bestowed on any of her Subjects Fourthly it will be said that a free State must chuse and trust a Captain The Fourth General with their forces for a State cannot go to the Field in person as little can it send one of their blood for he may be a near kinsman to two or three of the State and have no relation to the rest To which I answer that I look upon it as an intrinsecal defect in all free States whether Aristocratical or Popular Answered that a pure necessity is put upon them to intrust their armies to such a General as they in their prudence make choice of and of whom frequently All Free States jealous of their Generals they live in a perpetual jealousie fearing his usurpation almost as much as a profest enemies invasion and for that reason they do often limit his Commission with so many restrictions and give him such Committees and Councellors about him that he is forc'd many times to let slip fair occasions wherein he might have done the enemy great mischief and his Masters eminent service And in the election of their General it is no small question in a State Whether it be best to chuse a native or a stranger The Athenians imploy'd their own Athenians Citizens the Spartans their Kings who were created for no other purpose but Spartans to lead their armies for in time of peace they had no more authority than any of the other thirty Senators The Romans made use of their yearly Consuls Romans The Venetians mostly make choice of strangers and have for most part â—een happy in falling upon prudent and faithful Captains The Commonwealth of Venetians the Switzers consists in their Union among themselves against all enemies especially Switzers the House of Austria from whose subjection they emancipated themselves All the thirteen particular or Provincial Estates being independent one of another and being without a Head they are subject to Ruptures and Civil Wars as they were more especially in the time of Zuinglius for matters of Religion But their jars last not long fear of a common enemy teaching them to compose their animosities for nothing makes a Society more faithful than fear of one who hates all of them When they join unanimously at their general meetings and prosecute the results of their Counsels they are formidable and when they make a General of their forces whether it be for their own service or that of foreign Princes for very mercenary they are it is but for one expedition or for one piece of service which being ended his Command is at an end likewise and so they need not be jealous of him or of any that succeeds him The Estates of the Vnited Provinces of the Netherlands manag'd the long â—â—ited Provinces War they had with the King of Spain under the Conduct of four Princes of Orange successively one after another neither needed they ever fear the Usurpation of any of them for though their power was almost unlimited yet it could not tempt those Princes who were so eminent for vertue to whose goodness magnanimity justice and fortunate conduct these Estates under God owe their freedom yet were they jealous of the late Prince but it seems they are now desirous to witness their gratitude to that Illustrious family by making this present Prince their Captain General How remediless this inward disease is in all free States that they must intrust Free States usurp'd by their Captain Generals Lacedemon their Militia to one or two persons the ruin of some Commonwealths makes it manifest Lacedemon several times was like to lose her liberty by some of her Kings who were nothing but her Captain Generals and at last they lost it under the Tyrant Nabis The fear of Usurpation made Athens commit an inexcusable folly or rather a madness in their Ostracism whereby the people banisht the best qualified of their Citizens Rome for all her wariness in intrusting her Rome armies to Annual Consuls miss'd but little to lose her freedom in the Dictatorship of Bloody Sylla and scarce had she recover'd it after his death when she was rob'd of it for ever by Julius Caesar Castruccio Castraâ—ani usurped the Republick of Luca and so have some other petty free States of Italy been used Luca. How that Hodg podg of Oligarchie Tyranny and Anarchy the long black Oligarchie of England Parliament of England which pretended it self to be a free State was used by their Captain General Cromwell is a story well enough known and he knowing that he might be used in that same fashion would never part with the Command of the army no not after he had usurped the Soveraignty And indeed if Soveraign Princes will look back to by past ages they will find And Monarchies also it dangerous to intrust their whole Militia to one Subject unless he be a Prince of the Blood You may find in Holy Writ Abner Captain of the Host of Israel Kingdom of Israel bring the Kingdom over to David and though the same David seems to attest that Abner died not like a fool yet I believe he died like a Traytor and that was as bad and an insolent Traytor too for he told his Master to his face he would betray him And truly if Davids Political ends had not hinder'd him I think he had done as just and as generous an act to have put Abner to death as he did when he caused Baanah and Rechab to be slain for bringing him the head of their Master Ishbosheth Nor was Ishbosheth the last King of Israel who was so serv'd by his Captain General Zimri conspir'd against Elah and kill'd him with his whole family Omri Captain of the Host bandies against Zimri and forc'd him to burn himself in the Kings Palace And Tibni went fair to have done as much to Omri Jâ—hu Captain of the Host marcheth against
counterfeited and his Seal taken from an old Paper and put on the Letter all contriv'd by Granuell President of the Emperours Council who gain'd with much Gold a French-man to carry this Letter in the soal of his shooe into the Town This French fellow was as much Fool as Knave who did not reveal the whole matter to Sancerre from whom he might likewise have receiv'd Gold enough But a trusty and faithful Messenger may be sent into or out of a A faithful and cunning Messenger may do much good in a Siege besieged place and go straight to an Enemy and seem to reveal all he knows and give up the Letters he carries which should contain no truth and by that means carry his Letter of importance safely as he is directed seeming to do the Enemy service but here cunning should be added to fidelity and men of that Caliber are rare yet the Rochellers met with one of them who adventur'd to cheat a no less person than Cardinal Richelieu and did it A Gentleman of Anjou offer'd to the Duke of Soubise to enter into Rochel then besieg'd Instance and reduc'd to the last extremity and bring him certain news of the Towns condition He went straight to the Cardinal with whom he had gain'd some trust and told him what he had undertaken this great States man permitted him to slip into the Town provided he should show him his Letters at his return which he promis'd having done his business in the City he came back to the Cardinal and deliver'd him the Towns Letters written purposely that this Great Minister might read them who took some pains to open and seal them again handsomely and bid the Gentleman carry them to Soubise who went and deliver'd to the Duke a hidden Letter which told him the true condition of the City and that was That it could not hold out above two days without succourse or all must dye for hunger If signs by fire smoke or shot of Cannon be not agreed on before the place be invested it will be very dangerous to do it afterwards by Letters for these may be intercepted or betrayed The last whereof befel two illuâ—strious Brothers both of them great Captains those were Maurice and Henry Princes of Orange both of them egregiously cheated by a Countrey Clown Maurice entrusts him with Letters to Justin of Nassaw Governour of Breda when it was besieged round by Marquess Spinola the fellow undertook to deliver the Letter and bring the Governours answer and so he did but not till Letters reveal'd to an Enemy Spinola had read both the first before he enter'd and the second after he came out of the Town who thereby came to the knowledge of all their secrets the Rogue was well rewarded by both parties But after Maurice his death this Bore resolves to serve his Brother Prince Henry in the same fashion and to that end seem'd to be gain'd with much difficulty and by much Gold to carry the Prince his last Letters to the Governour Henry wrote to him that it was then purely impossible to raise the Siege and desir'd him at midnight to discharge three pieces of Ordnance and that thereafter by several fires on the great Steeple he should let him know how many days his Victuals would hold out The Intelligencer went straight to Spinola who having read the Letter and handsomely seal'd it up dispatch'd the faithful messenger to the Governour who at the prefixed time made his three shots and by eleven signs made by fire let the Prince know he was able to subsist no longer than eleven days which Spinola did as punctually observe as the Prince of Orange did In the time of that same Siege at a Sally a German Souldier was taken by the Count of Isemberg who treated his Countrey-man so well that the fellow undertook to return to the Town and come back to the Spanish Camp when the Victuals of the besieged City grew scarce which he did and thereby Spinola had likewise a fair help given him how to take his measures If all endeavours and all hopes fail and that inexorable necessity force the To yield on Articles Governour to yield let him do it on the most honourable and advantageous terms he can and let him be sure to have his Articles sign'd by him who commands in chief and if he can obtain it let him get Hostages of quality sent to some neighbour Garrison to lye there till all conditions agreed on be performed Of Articles I shall speak in the next Chapter But if there be small or no hopes of succours it will not be fit for a Governour Obstinacy in defending Forts hurtful to bring things to the last extremity or stand out where he cannot probably hope to resist for that exposeth his men to Butchery a thing very unacceptable to God and prejudicial to his Masters service It is needless to illustrate this with examples story is full of them and we have seen the practice of it in our own days The Imperial Lieutenant General Count Tili finding New Brandenburg an inconsiderable Town obstinately defended by Major General Kniphausen and his Suedish Garrison did at the storm forbid all quarter though he was known to be merciful enough and after he had carried the Town by Assault he told the Governour who was then Prisoner That he could not use him worse than send him to his Master the King of Sueden who he thought was oblig'd in Justice to hang him for losing him so many gallant men by his vanity and arrogant resistance And truly I think to put a few Especially those of small importance men in an obscure place or a Castle of a mean Fortification and command them to stand out against a well appointed Army or that which ordinarily passeth under the name of an Army Royal is to send them directly to the Shambles for what General will suffer himself to be so affronted and not revenge it When the French King Francis the First march'd into Italy with Instances a mighty Army the Governour of a little ill fortified Castle in Piedmont called Volane made a Sally and kill'd and plunder'd some French Baggage-men The Castle is summon'd and refusing to yield on honest conditions it is invested and forc'd to render on mercy whereof they found but little in that severe Constable Anne de Montmorancy who caused the poor Governour and his Garrison to be hang'd every mothers son Another Castle held out against Charles the Fifth when he retir'd to Italy out of Provence but being forc'd to yield the Garrison receiv'd the like usage every man of it being forc'd to end his life on a Gallows Yet sometimes the condition of the War and the circumstances of it require Yet sometimes Ratio Belli requires it that a Governour and his Garrison should rather fight to death than accept of any agreement and this is when time must be given for gathering or joyning of
little from beasts woâ—â— piece and piece out of fashion yet long after Christianity shone over the World â—â— Prisoners of War were made Slaves for there be some Canons of the Church extant that forbid men to counsel Slaves to desert their Masters But by tract of time all Nations as it had been by an universal consent left off to make their Prisoners Slaves or to sell them as such because they were then better instructed in the Laws of Charity than to abstain from killing miserable Captives only out of respect of gain to themselves or at least to seem to be less cruel But three hundred years after the Great Constantine's death when Mahometanism had spread its darkness over the East slavery was Brought back by Mahomet brought back to the World and yet if you will consider right you will find this slavery and bondage of Christians is not confin'd to those Countreys only where Mahomet is adored for there are thousands of Christian Slaves to be found in the Galleys belonging to the most Christian and Catholick Kings the Great Duke of Tuscany the Venetians the Genoways the Pope and the Great Retain'd yet by some Christians Master of Malta And may we not say That many thousands of his Majesties Subjects after quarter given were made perfect Slaves and upon that account sold and sent to remote Plantations The Great Gustavus Adolphus did I think something very like this when he sent three thousand Croatians commonly called Carabats who had quarter given them for life at several places in Germany by Sea to Sueden there to work at his Iron and Copper Mines Among Christians then Prisoners of War being exempted from Slavery they are to be kept till they be either exchang'd or ransom'd or set at liberty by the Victor gratis this sometimes falls out but seldome Sometimes they are set at liberty conditionally as If you do such a thing enjoy your liberty if not Liberty granted to Prisoners conditionally return to Prison and the Prisoner is oblig'd to do either the one or the other It was the case of some Scottish Lords whom Henry the Eighth of England detain'd Prisoners He permitted them to return to Scotland and if they could procure the Marriage of his Son Prince Edward with the Infant Queen of Scots then they were to have their liberty if not they were to return they failing in the first some of them honestly perform'd the second He that takes a Prisoner may search him and all he lays hold on is his own but if the Prisoner hath reserv'd something hidden that his Taker knows not of he may make use of it to maintain himself or to help to pay his ransome for he who took him hath no right to it for Lawyers say Qui nescit nequit possidere The exchange of Prisoners of equal quality is ordinary over all the World if there By Exchange be some but no considerable disparity some Money ballanceth the matter The Ransome of a Prisoner belongs to him who took him unless he be a person of very eminent quality and then the Prince the State or their General seizeth on him giving some gratuity to those who took him The price of the Ransome useth to be estimated according to his pleasure who keeps the Prisoner By Ransome but because many times they are extravagant in their demands an agreement is frequently made between the two parties who make the War of a certain price to be paid by Officers and Common Souldiers for their Ransomes A general agreement for Ransomes ordinary according to their quality and this seldom exceeds one Months pay for any under the degree of a Colonel and this is exceeding comfortable to Prisoners when they know how much themselves or their Friends have to pay for their liberty But here is a question When a Prisoner agrees for his ransome and dyes A Question concerning ransome before it be paid whether the Heir be obliged to pay it If he dye out of Prison there is no doubt but the Heir is bound to pay it but if he dye in Prison Grotius says his Heir is not obliged to pay it because the Prisoner had not that for which he contracted and that was his liberty But if the bargain be made that the Prisoner ows the ransome immediately after the contract is made the same Grotius sayes His Heir ought to pay it because the Captive Answered was not to be looked on after the finishing of the agreement as a Prisoner but as a Pledge for his Ransome But I can tell Grotius that the Corps of many dead Prisoners are Ransomed There is another question If a Prisoner Parol Another and ingage to get such a person of the adverse party set at liberty and on that condition is set free himself if the Prisoner agreed on dye before the other can procure his liberty whether in that case the Prisoner contracting be obliged to return to Prison Grotius sayes no unless it have been particularly so agreed Answered on yet he saith he is bound to do something like the equivalent and that is to pay his own Ransome I should now speak of those Prisoners who have Articles for life it may be Cloths and Monys or any thing else they carry about with them and sometimes as much of their goods as they can carry on their backs but before I enter on it it will be fit to know what poor inferior Officers and Commanders have to Parley Treat and to Grant Sign and Seal Articles First it will be granted that none have power to Treat or Sign Articles Of the power inferior Commanders have to grant Articles but those who command in chief on the place whether it be in Town or Field Princes or their Generals cannot be every where and therefore must recommend the leading of Wings or Parts of their Armies to subordinate Commanders what ever title they may have be it Lieutenant or Major General Colonel or Brigadeer Generals they Treat and Grant Conditions and Articles to Enemies in the Field or to Enemies within Towns because the emergency or necessity of dispatch will not suffer them to advise with the Prince or State whom they serve and therefore Articles granted by them are to be as inviolably observed as if they had been Signed by the Prince himself But if either a General or any under him make a transaction with an Enemy against the known Constitutions and publick Laws of the Prince or State whom they serve then they deserve Punishment and the Prince and State are not obliged to performance and if so they ought not nor can they in justice retain what they have gained by that Capitulation whether it be Towns Forts Lands Mony or Prisoners but are obliged if they disapprove the Agreement to put all in statu quo prius Grotius maintains that a General What a General may do hath not power to dispose of Lands Territories
had either just title or claim While these two Brothers-in-law remained Friends Antony gave the Kingdom of Judea to Herod the Idumean in whose Reign our Blessed Lord was born Herod's Title was very weak for Antony himself had no just title to Judea and Qui non habet non potest dare He who hath not cannot give But Antony is beaten and kills himself and Augustus remains the sole Usurper of the whole Roman Empire He by his usurped power confirms Herod in a Kingdome to which neither the one nor the other had a just title Herod the Great dyes and his Son Archelaus by Augustus his permission succeeds who could have no better title than his graceless Father had upon his misdemeanours Augustus banishes him and reduces the Kingdom of Judea to a Province giving a Tetrarchy to Herod Antipas who beheaded the Baptist All this power did Augustus usurp the true Soveraignty of all these Countreys belonging not to him but to the Senate of Rome if it belong'd to the Romans at all Augustus dyes and leaves Tiberius his adopted Son to be Successor to his ill-got Empire Tiberius proves a Tyrant â—troque modo sine titulo exercitio He wanted a just claim because he who gave it him wanted one himself But Tiberius was wise enough to know that Quomodo aliquid acquiritur eodem modo tenetur By what means a thing is acquir'd by those same means it is kept And therefore what his Predecessor had gain'd with his Sword he resolves to maintain with the same and therefore kept Judea Garrison'd with Souldiers In the fifteenth year of his Cruel and Tyrannical Reign about the time that Jesus Christ began to Preach and manifested himself to be the Messiah did the Roman Souldiers ask the Baptist What they should do to be saved But he neither bid them forsake their trade of Souldiery or keeping it to learn another nor did he say to them That though their profession of Souldiery was lawful yet it was not lawful for them to serve in an unjust cause or under an Usurper and a Tyrant as Tiberius was And truly this passage is very observable for my purpose for if it had been told those Souldiers That they incurr'd the hazzard of eternal damnation by serving in an unjust War they should presently have laid down their Arms though the Tyrant should have put them all to death for it So it seems to me the Baptist thought invincible Ignorance excused them not knowing the cause to be unjust But assuredly if Tiberius had ask'd him the question What he should do Jâ—hn would have bid him resign the Government over to the Senate and be contented with his own proper goods and to do no more violence to any man I believe none will offer to justifie the Invasions and bloody Ambition of the Emperour Maximianus and yet the Thâ—ban Legion which was compos'd of Christians serv'd him faithfully in his Wars and refus'd none of his Commands except to Sacrifice to Idols and for that all of them receiv'd the Crown of Martyrdome either they thought it did not concern them to examine the cause or they thought it was just which was enough to save them from the injustice of it we may observe hâ—re That neither our Saviour the Baptist or any of their Apostles or Disciples ever seem'd to take notice of the Usurpation or Tyranny of either Augustus Tiberius Caligula Claudius Nero or Dâ—mitian in whose reign if I mistake not the longest liv'd Apostle dyed Our Saviour as Man not meddling with Secular Powers his Kingdome not being of this World both himself and his Apostles ever inculcating on all his followers and Disciples passive obedience to all Superiour Powers even without exception of Tyrants Tiberius his title to the Roman Empire was no better than that of his Predecessor who gave him both the Empire and Title but Augustus had no just title to that Soveraignty which he had usurped which is clear enough by the History and much more clear by a resolution he once took to restore the Supreme power to the Senate and the People but wavering in his thoughts being loth to wrong his Natural Conscience by keeping that which did not belong to him and as loth to make himself a Subject since he had been a Soveraign He call'd his two great Friends and Favourites Agrippa and Mecoenas to his Council protesting he would do in that business as they would advise him Agrippa in a long Speech counsell'd him to do Justice and resign his power but Mecoenas in as long an harangâ—e advis'd him to retain the Soveraignty for the good of the people preferring Monarchy to both Aâ—istoâ—racy and Democracy the last Speech fitting the ambition of Augustus prevail'd with him and made him adhere to his usurpation by which only he had power to devolve the Succession of the Empire to Tiberius Nor could this Tiberius pretend prescription for That as Lawyers say orders possession to be one hundred years old and all Augustus his Reign even from the first time of his Trinmvirate consisted but of fifty six years But I believe Lawyers say also That in Soveraignties there is no prescription of time but whenever the just owner can he may resume his power which the Roman Senate knew very well when Nerâ— fled out of the City and deserted the Government they made a Decree That the Monstrous Tyrâ—nt should be put to death mâ—re maj 〈…〉 that was to be well whipp'd and then have his Head cut off Now we must be very wary to aver That the Souldiers who were in Tiberius his pay serv'd in a just War because their Master was left Successor by Augustus his Testament and had the Empire confirm'd to him by the Votes of the Senate and People of Rome for if that made him a lawful Prince and his Wars just then the Armies which serv'd in Scotland England and Ireland under Richard Cromwel the pretended Protector of the three Nations serv'd in a just and lawful War and under a just and lawful Prince for Richard had the Protectorship and Soveraignty left him by his Father Oliver the Usurper and had the supreme power confirm'd to him by the greater the more visible and governing party of the three Kingdomes But as no honest person will aver this so the other of Teberius can be granted by no judicious man The Corollary of this discourse will be first That the profession of pure Souldiery though joyn'd with no other trade is lawful as also that a Souldier may serve in an unjust and unlawful War and under an unjust Master provided he think the Cause and the War just and lawful because his Ignorance may excuse him On the other hand I think if a Souldier know the cause to be unjust and the War not to be lawful nay if he doubt whether it be just and lawful or not if he continue to serve in it he sins heinously for qui dubitat damnabitur may hold true in this
men who profess the name of Christ than either Grotius or Machiavel If I mistake not that great Doctor of the Gentiles thought the Art of Souldiery consider'd a part and distinguish'd from all other Arts either Liberal or Mechanical very lawful and therefore compar'd not the professors of it to infamous people such as Grotius knew Hangmen to be On the contrary the Apostle proposes a pure Souldier who waited only on his own Art of War as a fit example for his Son Timothy to follow Read the third and fourth verses of the second Chapter of his Second Epistle to Timothy you will find these words Thou therefore endure hardness at a good Souldier of Jesus Christ No man that Warreth entangleth himself with the things of this life that he might please him who hath hired him to be a Souldier The French Translation hath it the affairs of this life the Italian the doings of this life the German hath it no Warriour seeks another livelihood This is much and more than I desire for I think it were good for Souldiers to have learned some othe Art or Trade than that of Souldiery only Deodati expounds these words in the doings of this life that is says he in such affairs such Art or such Trades as may hinder a Souldier in his duty of Souldiery Be that as it will I avouch That the Apostle in these words pronounceth the pure Art of a meer Souldier without any other Art or Trade to be most lawful else he had made no apposite comparison between Timothy and a Souldier which I presume none who hath read Paul's Epistles and believes them to be endited by the Holy Ghost will be so impious as to fancy By this Text a Christian man may very lawfully apply himself to the profession of pure Souldiery without learning any other Art or Trade And I think also that Timothy was exhorted if not commanded to apply himself only to the Ministry of the Gospel and to no other Art yet if he had learn'd any other way of livelihood before Paul circumcis'd him it would not have been forbid him Paul himself before his conversion had learn'd to be a Tent-maker which he exercis'd for his livelihood when he preach'd the Gospel Luke the Evangelist before his Baptism was a Physician which no doubt he practis'd all the time he accompanied St. Paul in his Voyages But I think by this Text men are forbid to learn any other Art after they are actual Ministers of the Gospel And therefore I conceive Church-men are forbid to have plurality of Professions which perhaps they will be contented to hear with better will than to have it told them That plurality of Benefices is forbidden the Clergy But because Grotius hath made use of St. Austine's authority against me in St. Austinâ—'s authority this question which I have cleared I shall presume to cite that same Father in defence of my cause It is true I have read but few of his learned Books but the passage I mind to speak of I have read cited by a very worthy and credible Author and though he cites it for another purpose yet finding it makes very much for mine I could not chuse but make use of it The words are in one of his Books against the Manichees and are these Non est potest as niâ—i à Deo â—ive â—nbâ—nte sive sinente Ergo vir justus si fortè sub Rege etiam Sacrilego militat rectè potest illo jubente Bellare quemadmodum enim Regem facit reum Iniquit as imperandi ita Innocentem Militem facit ordo serviendi English me this Monsieur de Grot but because you eâ—ther cannot or will not I both can and will There is no power says he but from God either commanding or permitting it therefore if sometimes a Righteous man serves as a Souldier under a Sacrilegious King he may lawfully fight when he is commanded for as the sin of commanding makes that King Guilty so the obedience of serving makes that Souldier Innocent This is more than I have yet said this great and pious Divine seems to me to assert That a Souldiers Art is not only lawful but that he is bound to fight when commanded even in a cause the Justice whereof does not appear to him yea though the Injustice of it be made apparent to him But assuredly St. Austin meant to except those things which are diametrically against the word and Will of God for the rule holds firm and perpetual Better obey God than Man In other matters the Souldier is not so strictly to examine the quarrel the sin of commanding to fight in an unjust cause rendering the Souldiers obedience in fighting blameless and innocent Hence it will follow That a profess'd Souldier who knows no other Art or Trade may lawfully make profession of his skill and practise it in any part of the World for wages so he fight not for those who are profess'd Enemies of the name of Christ against those who profess it for I do not at all doubt but Christian Souldiers who make a profession of Souldiery and have no other way of livelihood but to fight for wages may very lawfully serve either the Sophi of Persia or the great Mogul of India against the Great Turk because though they be all three equally blasphemous adorers of the Alcoran yet the Wars of the first two may divert the Grand Signior from the Invasion of Christendome Give me leave to take the help of another Doctor and Father of the Christian Tertu'lian's authority Church and that is Tertullian whom I find cited by many others to prove taking Arms against Soveraign power unlawful The passage is in that Apologetick which he wrote in vindication of the Primitive Christians persecuted by Heathen Emperours I shall only cite the words that I conceive make for my purpose Cui Bello non prompti fuimus cui Bello non idonâ—i etiam impares Copiis qui nunc tam libenter trucidamur To what War says he were we not fit to what War were we not ready though fewer in number of forces who now are content willingly to be slain In these words observe that profess'd Christians were Souldiers and fought willingly and without constraint and for pay too you may be sure under the Banners of Heathen yea Persecuting Emperours without examining the Justice of the War which ordinarily was very oft wanting with those Princes who measured the equity of their cause by the length of their Sword I doubt not but the War which the Tyrant Maximianus made was neither just nor lawful yet the Theban Legion consisting of six thousand Christians serv'd faithfully in that War and found no opposition in their Consciences to that Military employment But when that Pagan Emperour commanded them to Sacrifice to his false Deities and Idols then they flatly refus'd obedience knowing surely they were not oblig'd to disobey God by giving obedience to Man and offer'd their Throats to be