cut and gave their Bodies to be butcher'd to death by the rest of his Heathen Army Julian the Apostate who with both force and fraud endeavour'd to root out the Christian Name and Religion had thousands of Christians who served under him in his Wars who I suppose never examin'd the Justice of them for if they had they would have found that even that very War he made against the Persians wherein he dyed as is said blaspheming the name of the Son of God was grounded only on Ambition to enlarge the limits of the Roman Empire and such a reason even the moral Heathen much less the Christians did never acknowledge to be a just or lawful cause of War By vertue then of these passages and precedents Souldiers may make a profession of the Art of War and may practise it and serve for Wages though they neither know nor examine whether the cause be just or not But I shall conclude this discourse as they say Bellarmine did one of his but in another case and say It is most safe to trust to the Justice and Equity of the cause and to examine it well before men engage in it FINIS Books Printed for and Sold by Richard Chiswell FOLIO SPeed's Maps and Geography of Great Britain and Ireland and of Foreign Parts Dr. Cave's Lives of the Primitive Fathers in 2. Vol. Dr. Cary's Chronological Account of Ancient Time Wanley's Wonders of the little World or Hist of Man Sir Tho. Herbert's Travels into Persia c. Holycak's large Dictionary Latine and English Sir Rich. Baker's Chronicle of England Wilson's Compleat Christian Dictionary B. Wilkin's real Character or Philosophical Language Pharmacopoeia Regalis Collegii Medicorum Londinensis Judge Jones's Reports in Common Law Cave Tabulae Ecclesiasticorum Scriptorum Hobbs's Leviathan Lord Bacon's Advancement of Learning Sir Will. Dugdale's Baronage of England in two Vol. Hooker's Ecclesiastical Polity Winch's Book of Entries Isaac Ambrose's Works Guillim's Display of Heraldry with large additions Dr. Burnet's History of the Reformation of the Church of England in 2. Vol. Account of the Confessions and Prayers of the Murtherers of Esquire Thynn Burlace's History of the Irish Rebellion Herodoti Historia Gr. Lat. cum variis Lect. Rushworth's Historical Collections the 2d Part in 2. vol. Large account of the Tryal of the Earl of Strafford with all the circumstances relating thereunto Bishop Sanderson's Sermons with his Life Fowlis's History of Romish Conspir Treas Usurpat Dalton's Office of Sheriffs with Additions Office of a Justice of Peace with additions Keeble's Collection of Statutes Lord Cook 's Reports in English Sir Walter Raleigh's History of the World Edmunds on Caesars Commentaries Sir John Davis's Reports Judge Yelverton's Reports The Laws of this Realm concerning Jesuites Seminary Priests Recusants the Oaths of Supremacy and Allegiance explained by divers Judgments and resolutions of the Judges with other Observations thereupon by Will. Cawley Esq William's impartial consideration of the Speeches of the five Jesuits executed for Treason 1680. Josephus's Antiquities and Wars of the Jews with Fig. QVARTO DR Littleton's Dictionary Latine and English Bishop Nicholson on the Church Catechism The Compleat Clerk Precedents of all sorts History of the late Wars of New-England Dr. Outram de Sacrificiis Bishop Taylor 's Disswasive from Popery Spanhemii Dubia Evangelica 2 Vol. Dr. Gibbs's Sermons Parkeri Disputationes de Deo History of the future state of Europe Dr. Fowler 's Defence of the Design of Christianity against John Bunnyan Dr. Sherlock's Visitation-Sermon at Warrington Dr. West's Assize Sermon at Dorchester 1671. Lord Hollis's Relation of the Unjust Accusation of certain French Gentlemen charged with a Robbery 1671. The Magistrates Authority asserted in a Sermon By James Paston Cole's Latine and English Dictionary Mr. James Brome's two Fast-Sermons Dr. Jane's Fast-Sermon before the Commons 1679. Mr. John James's Visitation Sermon April 9. 1671. Mr. John Cave's Fast-Sermon on 30. of Jan. 1679. Assize Sermon at Leicester July 31. 1679. Dr. Parker's Demonstration of the Divine Authority of the Law of Nature and the Christian Religion Mr. William's Sermon before the Lord Mayor 1679. History of the Powder Treason with a vindication of the proceedings relating thereunto from the Exceptions made against it by the Catholick Apologist and others and a Parallel betwixt that and the present Popish Plot. Speculum Baxterianum or Baxter against Baxter Mr. Hook's new Philosophical Collections Dr. Burnet's Relation of the Massacre of the Protestants in France Conversion and Persecutions of Eve Cohan a Jewess of Quality lately Baptized Christian Letter written upon Discov of the late Popish Plot. Impiety of Popery being a second Letter writâ—en on the same occasion Sermon before the Lord Mayor upon the Fast for the Fire 1680. Fast Serm. before the House of Com. Dec. 22. 80. Sermon on the 30. of January 1681. Sermon at the Election of the L. Mayor 1681. Sermon at the Funeral of Mr. Houblon 1682. Answer to the Animadversions on his History of the Rights of Princes 1682. Decree made at Rome 1679. condemning some Opinions of the Jesuites and other Casuists Published by Dr. Burnet with a Preface A Letter giving a Relation of the present state of the difference between the French K. and the Court of Rome Bibliotheca Norfolciana sive Catalogus Libr. Manuscript impress in omni Arte Lingua quos Hen. 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Severity of Caesar in a Nuval Battel yielded to his mercy but because they had before given hostages and yet had rebelled and contrary to the Law of Nations had imprisoned his Embassadours he put the chief men of them to death and sold the rest for Slaves And at Vxellodunum he cut off the hands of all those who had maintained the siege against him and had yielded to his mercy because they had rebelled before yet the same Câ—sar was known to be very merciful Xenophon in the first Chapter of his Third-Book says that Prisoners of War may be used without form of Law or Process of Justice at the Victors pleasure This is true if there be no provions Articles or Treaty for that alie's the case The Grecians were cruel enough to their Prisoners In that Nayal The Grecianâ— generally gave bad quarter Battel wherein the Lacedaemonian Lisander gained the Soveraignty of the Sea from the Athenians he put three thousand Prisoners to the Sword in cold Blood Those who yielded to their discretions made but a bad bargain of it Take a few Examples Mitilene which was tributary to Athens rebelled the Inhabitants after a long resistance yielded to mercy the first Sentence of that popular State was that all the men above fourteen years of age should dye and all under it with all the women should be sold for Slaves The next days Verdict was more favourable which gave life and liberty to all except the Ring-leaders of the Sedition but these the Athenians made not to be so few as a thousand The Platâ—â—ns a free people of Greece after a long Siege yielded to the mercy of the Lacedaemonians who put every one of them to death and sold the Women for Slaves The Inhabitants of the Isle of Melus of whom I spoke a little before after a long Siege yielded to the mercy of the Athenians but they exercised that perpetual Law of the Conquerour over the Vanquished whereof their Embassadours had told them and though they had no pretext of other power over them but that of the sharpest Sword yet they killed all the men that were above fourteen years old and sold all the Women and Male children for Slaves But the Romans were the most merciless Conquerours of any Nation except The Romans generally most merciless to Prisoners the Cannibals who feed their Prisoners to kill and eat them for those Prisoners whom they killed not they reserved for worse uses than drudgery and â—lavery Some were kept to adorn their Pompous Triumphs and when the Triumphers Chariot turned towards the Capitol then the woful Captives were taken to the place of Execution and there butchered to death and if any of them had their lives spared at that time it was a cruel mercy to make them dye a worse death afterward which was the fortune of Persâ—us the last King of Macedon for after he with his Children all in Chains had been made spectacles at Aeâ—â—ilius his Triumphant Chariot they were left to dye in prison for want of either Food or Sleep the two great supporters of mans life Others of their Prisoners were forced to fight and fence at Sharps on the Amphitheatres till they killed one another and all to make sport to that inhumane people And which was worse they were forced many times to satiate the cruelty of the Spectators by fighting for their lives with Lyons Bears and Tygers kept purposely from Meat to make them more eager to devour those miserable wretches And thus they used women as well as men I told you also how Titus who was so meek a Prince that he was called The Dâ—light of Mankind used the Infatuated Jews after the destruction of Jerusalem So unlimited a power did those Ancient Conquerours assume to themselves over the persons and lives of their Prisoners which by the Law of War and the Law of Nations they had acquired Yet the Roman Senate very often either really were or seemed to be dissatisfied Roman Cruelty to Prisoners often restrained by the Senate with some of their Consuls and other Supreme Commanders of their Armies who were cruel to those who yielded to mercy So when Sâ—rgius Galba had sold in Spain all those Portugueses who had submitted themselves a Law was made at Rome to restore them to their liberty but it had no effect and this imported juggling But the Senate went further for they punished some of their Generals for using cruelty to those who yielded to mercy as the Pro-Consul Plicinius Crassius and two Admirals were judicially condemned at Rome for their inhumanities of that nature in Greece The Consul M. Popilius having by sundry Victories well near ruined the Ligurians ten thousand of them submitted to his Discretion and observe what that was he first disarmed them next he razed their Town thirdly he sold all their goods and substance and fourthly he sold themselves for Slaves A most detestable action and as such resented by the Senate who ordered the Consul to pay back the price to the Buyers restore the poor Ligurians to their liberty and return to them as much of their goods and as many of their Arms as could be recovered But the half of this was not performed by the Consul yet the reason on which the Senate grounded this order is very observable Because said they Victory doth not consist in exercising Cruelty on those who yield to Mercy but in vanquishing the obstinate and Contumacious Most of the Capuans who stood for Hannibal after a long Siege yielded themselves and City to the mercy of the two Roman Consuls one whereof was wounded and incliâ—ed to be merciful but the other Q. Fulvius caused eighty of the principal Citizens first to be whipt with Rods and then bâ—headed with Axes and he used all the rest very inhumanely And assuredly the fear of merciless usage and bad quarter hath forced many Fear of bad quarter produceth despeâ—ate effects to make an unlooked for resistance to the great prejudice of the prevailing party for Despaiâ— produceth the most horrid and desperate effects Most of the Saguntines saved Hannibal a labour to kill them by killing themselves The Citizens of Astapa in Spain detesting the Roman Cruelty made a great â—ile of Wood within their Town set it on fire threw first their Wives and Children into it and then themselves When Philip the last King of Maceâ—â—n except one would grant no other conditions to the inhabitants of Abydes but to yield to his Mercy which they knew was the extreamest of Cruelties after many desperate resolutions and vigorous oppositions when the Macedonians entered it was a râ—thful sight to see the poor Abydens destroying one another promiscuously men and women young and old some hanging their Wives first and then themselves others cutting the Throats of their Children and then their own others casting their nearest relations in Wells and over the tops of Houses and themselves after them Philip being astonished and appalled at so terrible
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
imputation of cruel inhumanity They do not indeed transgress against the Laws of War nor Nations who shed their blood but they sin against humane nature which commiserates frailty and against the Laws of Christ The Duke of Alva and his Son Don Frederick Inhumanity to kill them broke no faith nor promise to the Garrison and Inhabitants of Harlem and Narden in Holland who had submitted to their mercy when they beheaded hanged and butchered to death many thousands of them but that horrible action Duke of Alva and his son of theirs hath left an eternal stain of inhumane cruelty on their names as it will do on all those who imitate their bloody example The Duke of Burgundy Charles the Warlike Besieged and Battered Granson a Town belonging to Charles Duke of Burgundy the Switsers the Garrison consisting of 800 men yielded to his mercy which was such as that he put them all to the Sword But here vengeance pursued him close for within a very few dayes he was shamefully beaten by the Switzers who were but a handful of men in comparison of his numerous Army Commonly three reasons are given for putting those to death who yield on discretion Reasons given for it First Obstinacy in holding out Secondly To terrify others Thirdly To use Legem Talionis when the Prince or General of the other party hath formerly used the like severity To the first to hold out gallantly and resolutely so long as there are any hopes of a Relief is not a crime in it self but if accidentally a Garrison have provoked the Besieger to revenge it will be Answer to the first reason more gallantly done to refuse all Parley discharge all Quarter and in the fury put all to the Sword than to kill them in cold blood yet it is frequently done But Torstenson the Sweedish Felt-Marshal did generously when he resolved to put a Danish Garrison of 600 men to the Sword who were in a Sconce of the Dutchy of Holstein he refused all Parley and Treaty and in the Storm killed them every man Yet this action of his smelled too rank of revenge for it was thought all this blood was shed because a Sweedish Admiral called Flemyng was killed with a Cannon Bullet out of that Sconce The second reason to kill men ad terrorem to terrifie others hath no shew of reason in it for why should To the second men be terrified from doing their duty Shall a Governour yield his Fort for fear the Besiegers may kill him if he yield it not when he deserves to be hanged by his own Prince if he should yield it for any such reason To the third reason it is answered That by the Law of Nature in justice and equity To the third Talio can only be used against the person or persons who committed the crime and therefore it is a trangression against the Law of Nature and a high injustice to put a Garrison to the Sword which either doth yield or would yield to mercy only because the Prince or General of the other party did so for none of this Garrison now to be butchered were partakers of that crime But this lex talionis is pretended too often for killing men after they have got Articles and that is worst of all whereof I shall speak hereafter But other reasons may Other reasons alledged and answered be given for this killing of those who submit to discretion which the Germans call genad and ungenad that is mercy or no mercy as when the Prisoners are too numerous a powerful Enemy expected or the Souldiers are apt to mutiny if they get not the spoil To the last I say lives and the blood of men are no spoil nor booty to the other two better have refused as I said before all Treaty and Parley Yet this was the case of San Joseph and 700 Italian Souldiers at Smerwick in Ireland who yielded themselves to the mercy of the Lord Grey Deputy of that Kingdom the Officers had their lives spared all the Irish were hanged and the Italians put to the edge of the Sword and when this was told to Queen Elizabeth that heroick Princess who detested the killing of those who yielded she was exceedingly displeased nor would she accept of any excuses or allegations I have told you in another place how Prisoners of War were used by the Antients let us take a view what usage many of them have met with in our Modern Wars The Mexicans or Tenustitans used to sacrifice their Prisoners to their Idols or to the Sun The Cannibals to fat them kill them and eat Horrible cruelties them A Parthian King took Valerian a Roman Emperour on whose neck that barbarous Prince ordinarily set his foot when he mounted his Horse and at length did fley him quick Tamberlan used Bajazet the great Turk ill enough yet did he suffer him to be his own Bourreaâ— Mahomet the Great took some of Scanderbegs Captains and fley'd them quick and in that â—oâ—â—ent he kept them fifteen dayes alive the like cruelty he used to a poor King of Caraâ—annia He put also to death all who had any relation to the Imperial families of Constantinople and Trapesund But it were well if these cruelties had been only exercised by Heathens and Infidels but it is pity so many Christians have taken licence to themselves to deal mercilesly with their Prisoners even those who profess the same faith in Christ who gave no warrant to his followers to mask cruelty with that Law or Custome of Nations whereof Cyrus spoke to his Captains and the Althenian Embassadours to the Melitans Heathens killed sometimes those who had got quarter so have Christians done too often In the Civil Wars of France it was practised many times by the parties of both perswasions to put Man Woman and Child to the Sword or lead them out to some River and drown them We read of a Protestant Colonel A devilish act who for his sport forced all his Prisoners except one to leap from the top of a high Steeple certainly this mirth of his was mixed with much mischief In these Wars though Commanders in chief might though not without cruelty put Prisoners to death to whom their inferiors had promised Quarter yet I wonder how others below them and of a mean condition usurped that same power and were never either punished reproved or reprehended for it At the Battle of Dreux Saint Andrew Marshal of France had Quarter given him by a Gentleman who mounted him on the croup of his Horse having no other to give him but one Banbigni pretending the Marshal had once wronged him at Court shot him through the head for which barbarous act he was never punished by the Admiral of France who commanded the Quarter basely broke Protestant Army the Prince of Conde being made Prisoner at the same Battle More generous was Prince Portian who though he had received many real injuries from Monmorancy
Constable of France yet when he saw him Prisoner at that same Battle of Dreux he gave him his hand and offered him all the service he could do him The Prince of Conde had fair Quarter given him at the Battle of Jarnac but was thereafter inhumanly shot through the head by a private Gentleman nor was ever the Murtherer called in question for it But these may seem but peccadilloes to the cruelties which are related by Historians of some of which I shall give you a touch In a Sea Battle fought about the year 1253. between the Venetians and Genueses Merciless inhumanities with the last whereof some of the Emperour of Greece his Ships were joyned the Venetian fleet was routed all the Prisoners who fell to the Genoways share were put to death every Mothers Son but the Greeks pretended they would deal more mercifully with their Captives and I will tell you how they exercised it They put out both their eyes set them a shore and so sent them to look for their fortunes so true is it what Truth it self hath told us That the mercies of the wicked are cruel As Charles of Burgundy Besieged Nancy the Lorreiners endeavoured to enter the Town which some performed but one Cifron a prime Gentleman was taken and had quarter given him but the Duke against all Law and Equity would have him hanged the Gentleman desired to speak privately with the Duke before his death intending to reveal to him the horrid Treason plotted against him by his Favourite the Count Campobacchio but that obstinate Prince would not hear him and so the poor Gentleman was hanged upon which followed the loss of the Dukes Army honour and life The pretended reason he gave for hanging Cifron was It was as he said a capital crime to offer to enter into a Town that was Invested and Besieged by a Prince and against which he had made use of Ordnance a thing in those dayes sometimes practised by the Italians and Spaniards but now deservedly out of fashion Charles of Anjou Brother to the French King Louis A King and an Arch-duke Prisoners of War beheaded the Saint did worse than all this for having taken the title of King of Naples and Sicily by the donation of Pope Martin it happened that he took Conradin the true proprietary of these Kingdoms prisoner and with him Frederick Arch-Duke of Austria and beheaded them both publickly on a Scaffold and with them a considerable number of the Nobility of those Kingdoms who were all Prisoners of War an action so much the more execrable that it was committed by a Christian King and by the instigation of a Pope who assumed to himself the title of Head of the Church This cruel King had a Son who was called Charles the Halting a Prince of a sweet disposition who had like to have paid dear for his Fathers sin he was taken at a Sea-fight by Roger de Lorra that famous Admiral of Arragâ—n and in Siâ—â—ly condemned to dye in that same manner as the other two Princes had done but the sentence of death being brought to him on a Friday morning his answer was He was well contented to dy on that day on which his Saviour suffered the death of the Cross which being reported to the Religious Queen Constance who was then Regent in Sicily for her Husband Peter King of Arragon she said That for his sake who dyed that day for all Believers Charles should live and so saved him But it was not in her power to hinder the revengeful Sicilians to sacrifice on a Scaffold the heads of two hundred French Gentlemen all taken with Prince Charles to appease How revenged the Ghosts of the murdered Conradin and Frederick This they thought was Lex Talionis though indeed it was nothing like it Take one of a later date When A detestable act of a Count of Nassaw Count Lodowick of Nassaw otherwise a brave and a worthy Gentleman had deâ—eated and killed the Count of Arembergh at Wirschot in the Province of Groninghen he took many Spaniards Prisoners whom he hanged every Mothers Son a most disavowable act The Duke of Alva that severe Governour of the Netherlands did not at all challenge him for his cruelty much less that he had done any thing against the Law of War or Nations but looking on it as an indignity done to the Spanish Nation since Lodowick had used the men of no other Country with so much severity he revenged it as most wise men of those times thought by putting to death shortly after under the pretext of justice great numbers of the Dutch In one day he beheaded on the Sandhil of Bruxels eighteen Lords and Gentlemen of quality the next day he caused six or seven prime men to be tortured to death and a few days after that caused the Earls of Egmond and Horne to be beheaded publickly on a Scaffold at Bruxels This had nothing of Lex Talionis in it none of these Lords or Gentlemen having been accessary to that Action of Count Lodowick But was there ever Turk more merciless to men who had Quarter promised them than an Italian of whom I am now to tell you When the Imperialists Besieged Florence Volterri revolted from the Florentines who sent one Ferrucci to reduce it to obedience he entred the Castle which held out for Florence and by it the City where he committed extream cruelties killed many Souldiers and took fourteen Spaniards to whom Quarter was promised but when they thought themselves secure the merciless Ferrucci alledging Unspeakable cruelty of an Italian to his Prisoners that some of their Country men had once taken him and given him a very spare Dyet threw them all into a dark Dungeon where he famished the poor wretches to death and then hanged their Carcasses about the Walls What do you think of this Lex Talionis May not a man say without wrong to charity that this Italian if it had been in his power would have tortured these poor mens Souls as well as their Bodies nor did he keep any agreement made to the poor Citizens but hanged some and plundâ—red all and spared neither Church nor Cloyster The same Ferrucci being summoned shortly after to deliver up the Town to Maramaldo one of the Imperial Generals against the Law of Arms he hanged the Trumpeter this action sounded loud for revenge which quickly overtook him for being thereafter beaten by the Imperialists he is taken Prisoner and brought to that same Maramaldo who after Revenged by the like outragious Language caused him to be disarmed and then killed him with his own hand an ignoble act of Maramaldo but too good a death for Ferrucci But before I go out of Italy hear another barbarous usage of a Prisoner in that same Rencounter a Florentine Gentleman one Amico d'Arsoli was taken Prisoner fair Quarter was given him and he had his ransome paid but by A barbarous usage of â— Prisoner the
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
another place of the Military Punishments and Rewards of the Ancients I have likewise spoke of our Modern Military Laws where observe that most of them threaten Punishment few or none promise Reward the first is due to Transgressors the second is ex beneplacito because all men are bound to do their duty yet Princes and States have rewarded Vertue of late times as well as the Ancients did I shall speak of Punishments and then of Rewards Though Princes and States have their several Laws of War yet all agree Punishment of Capital crimes Treason that Treason against the Prince in betraying either his Forts Forces or Munitions should be punish'd with an ignominious Death but the crime should be throughly examin'd by the Judge Marshal and Court of War whereof I have formerly spoke Mutiny against Command or Superiour Mutiny Officers is punishable by Death If it cannot be compesc'd without force either all or most of the Army are to be call'd together to cut the Mutineers in pieces But if a Mutiny be quieted without blood in doing whereof both Courage and Prudence are requisite then ordinarily the ring-leaders are to dye and the rest are eitheir all pardon'd or all to run the Gatloupe or the tenth man of them is to suffer death which custome is borrow'd from the Ancient Romans If Officers run away from the Mutineers and leave them mutinying the Law of War orders them to dye unless they can make it appear that either they had kill'd some of the Mutineers or had been wounded themselves by them But it is not to be denied that too many of them are more ready to give a rise and beginning to a Mutiny than to put an end to it The Death of a Mutineer should be ignominious and therefore it should be hanging or breaking on a Wheel All crimes that are Capital by the Civil Law Many more are so also by Martial Law as Wilful Murther Robbery Theft Incest Sodomy and others needless to be rehears'd But Martial Law makes many crimes Capital which the Civil and Municipal Law doth not Such are to desert the Colours to Sleep on Sentinel to be drunk on a Watch to draw a Sword or strike at a Superiour many times these are pardon'd and very oft they are punish'd with Death when a General thinks Justice more convenient than Mercy To be absent from a Watch by some Military Laws is Capital but seldome put in execution Yet I find in the Reign of Henry the Second of France that one Granvillâ—n a German Severe Justice Colonel in a Court of War condemn'd an Ensign bearer to be hang'd for playing at Dice in his Lodging when the Company was on Watch and he put the Sentence in execution The crime of Cowardize is by the Law of â—aâ— Cowardise Capital but should be well examin'd by the Auditor and the matter made clear in a Court of War before Sentence be past because it and Treason taints the Blood of the parties To run away in time of service either in the Field or from the Assaults of Towns Forts and Out-works brings Death upon the guilty or that which to generous Spirits is worse than death that is to have their Swords broke over their Heads by the hand of the Hangman and so turn'd out of the Army and this I have known more frequently practis'd than death inflicted but the Instances I could give are too fresh and therefore I shall tell you only of one about a hundred years ago At the Siege of Dinan Gaspar Coligni that famous Admiral of France commanded some Ensign-bearers to run with their Colours to the Assault of the breach they did not go pretending the place was too dangerous for the Kings Colours for they might chance to be taken by the Enemy for which the Admiral caus'd all their Swords to be broke over their Heads by a Hang-man in view An ignominious punishment of his whole Army It will be about two or three and thirty years since Leopold Arch-Duke of Austria and his Lieutenant General Piccolomini caused a Regiment of Horse to be cut in pieces and all the Officers to be hanged in the place where-ever they could be apprehended without any Process or Sentence of a Court of War because it was well known that the whole Regiment had run An exemplary and deserved punishment away in a full body without fighting at the second Battel of Leipsick where the Suedish Felt-marshal Torstenson gain'd the Victory over the Imperialists I have spoke in the last Chapter of the punishment due to those Governours who give over Forts sooner than they need and gave you some instances but now I shall tell you that by some Articles of War the whole Garrison is lyable to punishment which is to be Pioneers to the rest of the Army I dare say A severe Law nothing against the Justice of this Law but I think if the Garrison disobey the Governour and do not march out at his command he pretending the Prince or Generals order for what he does all of it may undergo the censure and punishment of Mutiny But many Laws are made ad terrorem which do but little good I think the Turkish Punishments not imitable by those who profess the name Inhumane punishments of Christ such as are roasting at slow fires flaying quick and gaunching the manner of this last is to throw the condemned person from the top of a Tower or a high Wall the place where he is to fall being all beset with Iron pricks and the wretch is happy if his Head Breast or Belly fall on one of them for thereby he may be soon dispatched but if a Leg Arm or Thigh catch hold he must hang till extremity of pain hunger thirst and the fowls of the air put an end to his miserable life The Muscovites for a Military Punishment can whip to death and that is cruel enough They and other Christians can impale condemned persons on wooden Stakes and Spits which in some extraordinary cases is also practised in Germany and I have heard that Hang-men can so artificially do it that the woful Delinquent will sometimes live three days in unspeakable torture When Mahomet the Great saw a Valley in Valachia beset with these Stakes and Wheels on which some thousands of Men and Women lay executed it is said that he much commended the Vayvod or Prince of that Countrey for a good Justitiary so near did the one of their tempers both barbarous and cruel resemble the other The fairest and justest way of Punishment is by Courts of War if the case do not require a present animadversion And that Court is to judge and give Sentence according to the Military Laws of the Prince or State in whose service the Army is When the Sentence is pronounced the General may either Generals may pardon pardon the offender or delay the execution or alter the manner of his death The most honourable
and give me Pedantick Insolence your Military Laws that I may examine them and compare them with those of the Romans Why do you whisper Have you none Or have you but a few Yea these few are made in vain and signifie nothing you live so as if your Lust were your Law and that your Sword usurps the place of Justice Who is it this day that punisheth Theâ—ts who is it that punisheth Robberies Rapes and Murthers Whoredomes and Adulteries are accounted Military gallantries and such as deserve the reward of some Crown Assuredly if all this be true it must be granted Lipsius hath reason enough to cry down the Modern Discipline But before you believe that Armies either were in his time or have been since so Lawless and void of Discipline I shall desire you to examine History and daily practice and then I doubt not but you will find this Author of ours was not always guided by exact truth in his assertions Too many crimes have been and are committed daily in our Armies and so it was among the Romans too Too many of them pass unpunish'd by the misunderstanding of great Commanders and the carelesness and neglect of Inferiour Officers and so it was among the Romans too Nor dare Lipsius say that all crimes were punish'd among them Too many crimes unpunish'd both now and of old no even in their severest times These faults mention'd by him as Thefts Robberies Murthers Whoredomes and Adulteries are punish'd as severely now as when Rome was in her growing condition and then she was in her purest times Nor can Lipsius or any for him produce more severe Laws of War among his Ancient Romans than Military constitutions were in his time and yet are under most European Princes and States as you may see in my Discourse of the Modern Laws of War nor were punishments more frequent in their Armies or more severe than in ours at this day as you may likewise see in my discourse of Punishments and Rewards And indeed those Mutinies which fell out in the Spanish Armies after the Duke of Parma's Death and some before it were infamous and inexcusable yet no worse nor so bad by half as many were among the Romans some whereof you may remember I have observed in another place Our Author in the close of his Comparison joyns with Vegetius and crys To deposite half pay is now ridiculous up the Roman custome in causing the Roman Souldiers to deposite at their Colours the half of their Pay to be a stock to them after they had obtain'd their Dimissions I think indeed the custome and institution was good and commendable enough but it is ridiculous to propose the imitation of it now when for most part Princes and States detain without the consent of the Souldiers The reasonâ— in their own hand some the half some the third part and some two parts of three of both Officers and Souldiers Wages some Proviant-bread and now and then a bit of Cheese being deduced To conclude upon the whole matter of this Comparison Justus Lipsius hath shown himself a good Antiquary well travell'd abroad but to be Peregrinus domi a great stranger at home And so I take my leave of him CHAP. XXIX Whether the profession of a Souldier be lawful WAR being the subject of my Military Discourses and therein I being necessitated to speak frequently of Souldiers because without those who either truly have or profess to have skill in Military affairs War cannot be managed it will be fit to enquire Whether the profession of a Souldier be lawful that is Whether it have any warrant in either Divine or Humane Law or which is the same if it be against any of them I do not here intend to question the lawfulness of War for having spoke something of that I shall take it for granted that War grounded on justifiable causes is lawful Nor do I make it a question Whether Subjects that are able to bear Arms are bound to serve their Princes in the Wars as Souldiers But the Quaere shall be Whether it be lawful to make a trade of Souldiery that is to learn no other Art either Liberal or Mechanical except to serve in the Wars for Pay and thereby to gain a livelihood The affirmative whereof I maintain my opinion being grounded on the reasons mention'd in this following discourse But first to shun cavilling I shall easily grant that it were much more commendable to learn some other Art that when a lawful War is at an end those who have serv'd in it may work with their hands as the Apostle says and so get their livelihood than to rove from Country to Country to look for imployment in foreign Wars And without all doubt many of those who do so cannot but be subject to very uncharitable thoughts and unlawful desires for whereas not only Christians but all men even as men should desire and pray for Peace as the greatest Earthly blessing mortals can enjoy those who know not how to get a livelihood in time of Peace long for War and wish and pray for it which cannot be done without great sin both against God and Humane Society But I answer all this is by accident it is but the wickedness of the Souldier not the profession of Souldiery that makes him pray for War for pious and morally honest Souldiers in time of Peace may put themselves in Domestick service of either Gentlemen or Country Farmers and so earn their bread till they have a fair call to follow the Wars But truly their condition for most part is very deplorable for when they become lame or so old that they can serve no longer in the Wars they are good for nothing but Hospitals and because few of them can get into any of these the rest must be contented to beg as Troops of them do over all Christendome In several great Towns of Germany I have seen Captains begging alms and at Bruxels and Antwerp I have known those who could testifie by their Passes they had been Lieutenant-Colonels and Majors much more others of a lower degree begging Charity in the Streets But I find nothing that occurs to my memory either in the Old or New Testament that dischargeth the profession of Souldiery that is to serve for Pay in the Wars whether these Souldiers have learn'd any other trade or not yea on the contrary there be several passages that confirm me in my opinion I shall not instance Abner Joab Amasa Benajah and others who were meer Prov'd to be lawful Souldiers and manag'd the Wars of Saul Ishbosheth David and Solomon for it may be told me these were Gentlemen who had Estates and needed learn no other Trade but I shall say That Jephte had no Estate having been banish'd from his patrimony by his Brethren because he was a Bastard He I say knew no other trade but Souldiery and thereby maintain'd himself and his followers and in the Land of Tob he
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