this because he is supported by one who by his other writings hath made himself well enough known and that is Nicâ—l Machiavelli who in the third Book of his Art of War very magisterially tells Machiavelli his assertion us that the Allies Foot never exceeded that of the Romans but their Horse were some more I have spoken to both these in the last Chapter But he adds that the Romans in their greatest necessity never used more than two Consular Armies and that each of them consisted of twenty four thousand Combatants I hope the instances I have used against Vegetius in this same cause may serve sufficiently to confute Machiavelli But here I must observe the Florentines presumption in the modelling his Roman Consular Army First He makes every Legion to consist of five thousand five hundred Foot a thing we never heard from any other Author nor he from Vegetius who is constantly for six thousand one hundred Foot Next he makes the Cavalry of the Allies to be seven hundred for every Legion contrary to most Authors who make them but six But we shall let that pass with him that thereby he may make up his Consular Army of twenty four thousand men thus Two Confuted Roman Legions eleven thousand Foot Allies Foot as many these amount to twenty two thousand then six hundred Roman Horse and fourteen hundred of the Allies are two thousand Horse in all twenty four thousand Let this I say be given but not granted him why concludes he positively that two Consular Armies consisted of fifty thousand fighting men Where did the Secretary of Florence learn this Arithmetick to make fifty the aggregate of twice twenty four Yet if he be not guilty of more dangerous errors we may pardon him this But to return to Vegetius he gives me too oft just occasion to think that Lipsius wrong'd him not much when he said of him that he was Veterum rerum parum firmiter sciens Not throughly acquainted with ancient matters CHAP. XVII Of a Consular Army Marshall'd in the Field and of some general Officers belonging to it IN so important an affair upon the right or wrong managing of which depended the conservation or ruine not only of the Roman Armies but of the State Polybius affords us no more light than what he hath done in marshalling the Legionary Foot and if he be right in that we are to look for little or no help from Vegetius whose ordering of a Legion we have rejected only we admit what he says in the fifteenth Chapter of his second Book though thereby he contradicts himself that Equites locantur in cornibus The Horse are placed in the Wings But having in the several fore-going Chapters shown you how as far as any Authors have given us light the Foot were marshall'd of what number both they and the Horse were and how they were drawn up of what number the Allies were and how they were divided I suppose our business now is how to joyn them in one Body or Army and when it comes to a battel to observe what customes were used by the Romans and other Ancients Though as either occasion offer'd emergency required or necessity forced the Roman Captains used several figures and forms of Battels yet that which was most ordinary and most used was the quadrate or square but I do not at all mean an equilateral one as Terduzzi would gladly have it to be to which purpose he puts himself to more trouble than he needs and in doing so he shews Terduzzi over nice himself more an Engineer as I believe he was to Basta the Emperour Rodolph the Second's Captain General in Transilvania than a Marshal of a Field needs to be But I mean such a Quadrate or Square as the General of the Roman Army imagined that either the ground the posture of the Enemy or his own designs did or might prompt him to make But in regard we can say but little to Marshalling till we condescend of what and how many members ordinarily the Roman Armies were composed and though the numbers of both Roman and Allies Legions varied oft yet because for most part the Legion consisted of four thousand two hundred Foot and the Horse were three hundred and that ordinarily two Legions and six hundred Horse were sent to the Field with a Consul and that also for most part the Foot of the Allies was equal to that of the Romans and almost constantly they were double their number in Horse let us follow Polybius and say the Consular army consisted of sixteen thousand eight hundred Foot and eighteen hundred Horse in all eighteen thousand six hundred Neither do I think I can tell you better how a Roman Army was Marshall'd when it was to fight than to inform you how Scipio the Great or the African Roman Army Marshall'd by Scipio drew up his Army when he was to fight against Syphax and Asdrubal and that out of the Fourteenth Book of Polybius There the Historian tells us that the Roman Consul drew up his Foot in the Body or Battel first his Hastati next his Principes and thirdly his Triarii on the right wing were his Roman Horse and on the left his Numidians And here our Author in one word and once for all tells us that it was the constant custom of the Romans to Marshall their Armies in that fashion His words are Et in hoc Romanae Militiae consuetudinem simpliciter servavit And when the same Scipio fought against his redoubted enemy Hannibal he did the very like only with this alteration that he commanded his Legate Lâ—lius to command the Roman Cavalry on the left wing and set King Masanissa with his Numidian Horse on the right This one example may teach us how the Roman Armies were ordinarily Embatteled But here is no word of the Allies I suppose if Scipio had any as likely he had their Horse were join'd with the Roman Horse in one of the wings in both those Battels since the other wing at both times was given to the Auxiliary Numidians But where an Army was purely composed of Romans and Allies they Army of Romans and Allies Marshal'd together in the Field were Marshalled as we may gather out of Polybius his Sixth Book and other Authors in this manner the Roman six hundred Horse were placed on the right wing upon their left-hand the first Legion of the Allies Foot consisting of three thousand four hundred for eight hundred of it was taken out for Extraordinaries upon the left-hand of the Allies first Legion stood the first Roman Legion and next it the second and upon the left-hand of it was Marshalled the second Legion of the Allies and upon the left-wing stood the Confederates Cavalry to the number of eight hundred for four hundred of their twelve hundred were cull'd out for Extraordinaries Now those eight hundred Horse of the Allies were divided into twenty Turmes or Troops as the Roman six hundred Horse were
give Conditions and Articles which you may find in the Twenty sixth Chapter of the Modern Art of War I know not whether Amilcar Hannibals father dealt candidly when he Treated and Capitulated with Spendius and Antaritus the Ring-leaders of the Carthaginian Amilcar taxed revolted Mercenaries and made it an Article that it should be in the power of the Senate of Carthage to chuse any ten of the Rebels they pleased and to dispose of them as they thought good and when this was agreed to he immediately seized on them two as two of these ten Sure if they had thought they had been in that danger they had never sign'd a paper tending so directly to their own destruction and therefore that Article was sign'd against the intention of the Capitulators and so perhaps was void in Law Amilcar made also choice of the Ten himself and not the Senate which was against the Letter of the Capitulation The Athenian General Paches had besieged Notium and invited An execrable villany Hippias who was Commander in chief within the Town to come out and speak with him promising faithfully if they did not agree at the Treaty to send him back in safety but did not tell him when The foolish Governour came out Paches immediately storms the secure City takes it and puts most that were within it to the sword but would needs keep his word to Hippias and therefore lends him back to the Town where he was no sooner arrived but by order of the execrable Paches he is shot to death with Arrows This treachery in seeking and laying hold on occasion to break Treaties and Articles was is and ever will be a monstrous crime crying to Heaven for vengeance The Sons of Saul paid dear for their fathers breach to the Gibeonites who with mouldy bread and Joshuah his Piety clouted shooes had cunningly cheated Joshuah to treat with them and give them conditions which notwithstanding he resolved for his Oaths sake Religiously to observe But those examples of Spendius and Antaritus of Carthage and Hippias of No Commanders in chief should Parley in person Notium should teach all Generals and Commanders in chief of whatever quality they are whether in field or Town not to parley in person for if contrary to Parol promise faith Oath or Hostages they be either kill'd or made Prisoners then the Army Town or Castle which they commanded stand for a time amazed which gives a fair opportunity to the deceitful enemy who hath prepar'd himself for it to fall upon them and put them in a fearful confusion if not totally to rout them before they can recollect themselves Julius Caesar I confess had an advantage in his personal parley in Spain with Afranius and Petreius because by his presence and the justifying his cause in his own excellent language and his promises not only of fair quarter but of entertainment he debaucht most of their Army But these very reasons which made his parley with them justifiable render'd their meeting with him in presence of the Soldiers of both Armies which Caesar would needs have altogether inexcusable And indeed Pompey refused on good grounds all parley with Caesar at Dirrachium But there was no such cause of Caesars Personal parley with Ariovistus King of Germany at which I suppose he was made sensible of his error for though he thought he had made the meeting cock-sure on a little hill situated in the midst of a large Plain where no ambushes could be laid and none were to approach that Plain but himself and the barbarous King each of them accompanied with ten Caesars danger by it Horsemen and he had made choice of ten of the gallantest of his Legionaries to be with himself all mounted on good Gallick Horses but notwithstanding all these cautions the Treaty and parley was broke of not without visible signs of treachery And the same Caesar gives a Caveat to all Commanders in chief either of Armies or parts of Armies or of Cities or Castles not to parley in person when he tells us the sad story how he lost one full Legion and five Cohorts of another by the simple folly of his Legate Sabinus first in believing the Intelligence of Ambiorix a profest enemy and next in going in person with his His great loss by it principal Officers to treat and parley with the same Ambiorix upon the bare word or parol of a faithless Barbarian by whom he and his Officers were immediately kill'd and then their forces presently after put to the Sword And take take here a perfidious trick of a Roman at a Parley Comius a Gallick Prince had not been very faithful to Rome Caesars Legate Labienus appoints one Volusenus to Parley with Comius the Gaul having got the accustom'd assurances came to the place where Volusenus by order from Labienus as out of friendship took him by the hand but held it fast till one of his Centurions gave him a deep Perfidy of a Roman Legat. wound on the head but it not proving mortal Comius escaped and swore thereafter never to trust a Roman If Caesar had either cut off his Legates head or according to the Roman custom used in such cases deliver'd him over to the incensed Gauls for this treacherous act then the same Labienus had not afterward perfidiously deserted himself and run over to Pompey Sempronius Gracchus being betray'd by his Host left his command and being Proconsul went in person to Parley with some Carthaginians from the result whereof he expected Gracchus kill'd at a Parley Scipio the African question'd for his Parley with Syphax great matters but he never return'd for he was environ'd and kill'd with all his retinue Scipio the African though an accomplisht Captain no doubt forgot his duty when he left his charge in Spain and went to Africk to treat with Syphax in the midst of an Army and at that time accompanied by Asdrubal a profest enemy to the Roman name and Nation having no assurance for his safety but the word of a Prince whom Scipio himself accounted barbarous And though he escaped that hazard yet did he not escape the severe reproof of Great Fabius who to his face and in full Senate charged him with this inexcusable oversight in very rough and bitter language as you may read in Livies Thirtieth Book Nor do I look on the personal Parley between the same Scipio and the famous Hannibal before their last Battel at Zama but as an extravagant action of two such renowned Chieftains The Enterviews of Kings and Soveraign Princes have seldom prov'd fortunate or gain'd those advantages to either party that were expected But this Discourse belongs to another Chapter To conclude the apprehension of bad quarter and the fear of the breach of Promises and Articles and the suspicion of ill usage hath made many refuse Desperate ways to prevent bad Quarter all quarter reject all Treaties and distrust all Articles and Agreements and by a
every one what the eternal hath ordain'd for them Nor did Polybius know what was reveal'd to Nebuchadnezzar in that dream which Daniel interpreted to him that the Persians Daniel Ch. 2. should subdue the Assyrians the Grecians should ruine the Persians and the Romans should put a period to the Macedonian Monarchy There was no stop to be made to the current of the Victories of the Romans whom the Almighty had pre-ordain'd to become Masters of the World That there is such an All-ruling Providence was not unknown to the wiser Heathens though they being in a mist did not see with so clear eyes as we who are illuminated by the brighter rays of Gods own word and for all that I think few Divines can express in fewer words the omnipotency and unbounded power of the most high than a Pagan Poet did when he wrote Sic ait immensa est finemque potentia coeli Ovid's Met. Non habet quicquid superi voluere peractum est Heav'ns power hath no limits hence we see All done infallibly what Gods decree If Polybius had liv'd in our days he might have seen the hand of Heaven distributing Victory to speak with reverence and submission to the Almighties pleasure more partially than he either heard it was awarded in the Hannibalian or saw it given in the third Punick War of the first whereof he writes when he falls upon this discourse with us He might have seen men of one Nation arm'd alike following one and the same method of War and for any thing I know of equal Courage both parties inflam'd the one with Loyal zeal the other with rebellious rage acting their parts very highly on the bloody stage of War he might have seen I say the best of Soveraign Kings King Charles the First lose his Crown and Life and have his head chopp'd off with an Ax when the worst of Subjects and greatest of Rebels had his deck'd with Bays Or if Polybius had liv'd but one age longer than he did he might have seen the Roman Legions which he so much commends cutting one anothers Throats all Countrey-men all men of equal Courage and Conduct arm'd alike using one and the same Art and Discipline of War embruing their hands in one anothers blood and those who fought for the State and Liberty of their Countrey overthrown kill'd murther'd and massacred and their Enemies almost ador'd for their success in a bad cause and he might have either seen or heard of Pompeys Head ignominiously struck off and Caesars crown'd Caesar and Pompey with Laurels And if Polybius had been an eye-witness of the prodigious success Gustavus Adolphus the Great King of Sweden had in Germany in the year 1630. when he invaded the Roman Empire and how he took Cities Forts and Castles more Emperour Ferdinand the Second for their number and more considerable for their Strength Beauty and Riches in the space of six months and made a greater progress in his Conquests in less than two years time than Hannibal did in Italy the whole eighteen years he stay'd in it If I say he had seen this he had never attributed Victory to the goodness of Arms the cunning of the Art or exactness of the Discipline of War for he would have seen the Emperour Ferdinand the Seconds Generals wise And his Generals couragious experienced vigilant as well and as much as either the King himself or any of his great Captains Besides both Wallenstein Duke of Friedland and Count Tili had that which Polybius himself requires in a General that was they were fortunate Their great Victories over the Kings of Bohemia and Denmark Bethlem Gabor the Duke of Brunswick the Marquesses of Baden and Durlach and the famous Earl of Mansfield being yet fresh in memory And if Polybius had seen any disparity of Arms or Armour or of Horses either for their number or their goodness in this German War he had seen the Emperours Armies have the odds by much neither was the difference of the manner of their War or Ratio Belli so considerable as to cast the Scales so far as that Martial King did in so short a time Nor was Hannibals discent into Italy with few more than twenty thousand men more hazardous than the Kings landing in Germany with eight or ten thousand at most was justly thought to be What was it then would Polybius have said that carried Victory whose wings Ferdinands Generals and Armies thought they had clipp'd over to the Sweed what else but the hand of the Almighty who when that Emperour was very fair to have reduced Germany to an absolute Monarchy said to him and the whole house of Austria Non plus ultra Go no further Titus Livius had read without all question this comparison of Polybius Another comparison of Titus Livius whereof I have spoken enough and it may be hath taken from it a hint to start another question which is this If the great Alexander after his return from India and his subduing so many Nations in little more than ten years time had made a step over to Italy what the issue of the War between him Voided by himself and the Romans would have been And gives his Sentence that infallibly his Countrey men would have beaten that Great Conquerour Paola Paruta a Paruta not satisfied with Livius Noble Venetian and a Procurator of St. Mark refutes Livius his arguments and concludes that the Macedonian would have over-master'd the Romans But in steps a third an Author of no small reputation the renown'd Sir Walter Raleigh Nor Sir Walter Raleigh who will give the prize to neither Macedonian nor Roman but to his own English It will not be denied but the English Nation did admirable feats in France which was indeed the Stage on which Caesar acted his most martial exploits under Edward the Third King of England and his Son the Black Prince as also under Henry the Fifth while he liv'd and after his death under his Valiant Brothers But Paruta refutes Livius yet I have seen none that opposeth Sir Walter and I am sure I shall not because I am not so much beholding to the Grecians and Romans as to the English But those who are curious to read the reasons of all the three may find those of Livy in his ninth Book of his first Decad those of Paruta in the second Chapter of his Political Discourses and those of Raleigh in the first Chapter of the fifth Book of the first part of his History of the World But to return to Livy's question I shall tell my opinion and that is lawful Strong presumptions against Livius his opinion enough for me to do and it is this Since Hannibal as Polybius confesseth carried not much above twenty thousand men over the Alps of all that great Army that he brought out of Spain and with them durst invade the Roman Seignories in Italy it self when Rome was Mistress of Sicily and
Horses which amounted to forty eight Dollars so he had in all one hundred and eight Dollars monthly But because all the Officers of Horse had allowance for some Horses beside their own Pay I shall for brevity set down the allowance for themselves and Horses together A Lieutenant had monthly forty four Dollars a Cornet as much a Quarter-master twenty three a Corporal twenty one the Clerk Trumpeter and Chirurgeon each of them eleven and the Smith as much a common Trooper eight Before I speak of the Foot-pay I shall premise that the Kings of Denmark and Sweden and most of the German Princes allow a Waggon with four Horses and two Saddle-Horses for a Captain of Foot and the like number between the Lieutenant and Ensign The Princes then of this German League allowed for a Foot-Captain himself and Horses monthly forty eight Dollars for a Lieutenant twenty one for an Ensign-bearear as much for a Serjeant six for a Fourier Furer Captain at Arms Clerk Drummer Piper and Gentleman of the Company each of them two Dollars and the fourth part of one for the common Soldier every month two Dollars I shall not speak here either of the Danish or the Swedish pay they being Swedish Dâ—nish and French Pay much about one with this agreement except that their allowance is a little more and greater both for the Under-officers and the common Soldiers The French Pay will be much about one with the Swedish And therefore my Reader if he know any thing of his Majesties establishment will quickly All far short of his Majesties perceive that his Pay is greater than any of those I have spoke of and is better paid than all of them How the German Princes paid their Souldiery in their last short War I know not but in the long one I am sure they paid very ill and so did the Sweed Bad Pay in the long German War Those who were in Garrison got sometimes three but for most part but two Lendings in the month every Lending being but a little more than half a Rix-dollar to which was added the assistance of some proviant Bread Why they call this a Lending I know not unless it be to make the Souldiers believe they lend them money when they are but paying them a part of their own But the poorest witted Souldier knows well enough that his Pay masters under the notion of lending them a third part borrow from them to a very long day all the rest of their Pay This is for their Garrisons In the Fields they may happily deceive themselves whether they be Officers or Souldiers that expect any Money but must be contented with Commis Bread till by some Victory any of their Generals be enabled to quarter his Army in a plentiful Countrey and there it is where the common Souldiers may put themselves in Clothes the Officers in good equippage and the Colonels make themselves rich for the German Danish and Swedish Colonels play too often the Roytelets and petty Kings in their several Regiments But some Officers there be who never meet with such opportunities and some are not dextrous enough to lay hold on such occasions when they offer themselves for at such times there is something else required than to receive Pay from the Clerk of the Company I remember a Countrey-man of mine told me once that he had served the Crown of Sweden eight years whereof he had been a Captain three and that in all those years he had never been Master of fourscore Crowns at one time One hundred years ago Armies were better paid than now they are and Officers and Souldiers could tollerably well subsist great care was then taken by a seasonable distribution of money to prevent Mutinies and desertion of the service why it is not so yet perhaps want of Money may be the cause though there is now much greater store of money than was then if Princes and States have other reasons for it they are not to communicate them to Soldiers who are very improper Judges of them I thought it strange to see sixteen Too many weak Regiments cause of bad pay or seventeen years ago the native Spaniards to whose keeping the strong Citadel of Antwerp was intrusted begging publickly in the streets of that City But I thought it a more lamentable sight to see both there and in Germany and elsewhere Lieutenant-Colonels Majors and Captains begging an Alms. In former times Regiments were thrice four or five times stronger than now they are and consequently Troops and Companies were for their numbers as strong if not stronger than now half Regiments are Hence it is that I believe there are hundreds of old men yet living who have seen private Captains in higher esteem than Colonels are now And I suppose if Princes and States thought it â—it to follow the old way and make their Troops and Companies three times stronger than now they are at their first levy they might be as well serv'd and save a vast expâ—nce of Treasure If an army of twenty four thousand men were to be raised whereof eighteen thousand were to be Foot and six thousand Horse six Colonels might as well now command the 18000 Foot divided into six Regiments as six Colonels did the like fifty years ago and four Colonels might command the six thousand Horse divided into four Regiments allowing to each one thousand five hundred Horse The expence that would be saved here of the pay of compleat Officers of twelve Regiments of Foot and two of Horse would exceedingly help to pay the other eight Be pleased to see the truth of this instanced by an observation I made in the year 1649 after the Peace of Munster Christina Queen of Sweden had in her Numbers of Swedish and Hessick Regiments after the Peace of Munster pay in Germany besides her forces in the rest of her Dominions four hundred and twenty Troops of Horse and Dragoons and threescore Regiments of Foot In some Regâ—ments there were twenty Companies in some twelve in some ten and in some eight All the Companies in the whole sixty Foot Regiments were reckon'd to be six hundred and thirty Her Conâ—ederate the Landtgrave of Hessen had a hundred and eight Troops of Horse and a hundred and eighty Companies of Foot all the Horse Troops should have been at their first levy eighty Riders apiece every Foot-Company a hundred and twenty six at least therefore the Queens four hundred and twenty Troops of Cavalry should have been at their first levy thirty three thousand six hundred and her six hundred and thirty Companies should have been at their first levy seventy nine thousand three hundred and eighty men The Landtgrave's a hundred and eight Troops of Cavalry should have been eight thousand six hundred and forty Horse His hundred and eight Companies of Foot should have been at a hundred and twenty six men a piece twenty two thousand six hundred and eighty men Be pleased to add the
is that of the Garter instituted by Edward the Third of England under the Patrociny of Saint George as that of the Thistle of Scotland was under Saint Andrew John of Valois King of France instituted the order of the Star under the protection of Saint Owen say the French as one of his Successors Louis the Eleventh instituted that of Saint Michael In the minority of Henry the Sixth of England when the War was hot between that Kingdom and France Philip le Bou Duke of Burgundy instituted the Noble Order of the Golden Fleece under the protection of Saint Andrew The King of Denmark makes Knights of the Elephant and the Duke of Savoy those of the Annunciation Christina Queen of Sueden instituted a new Order of Knighthood which she would have called the Order of the Amaranth which they say never withers and accordingly she appointed the Device to be semper idem The Knights of the Teutonick or Dutch Order those of St. John of Jerusalem called afterwards Hospitallers Knights of the Rhodes and now of Malta as also those of the Sepulchre or Knights Templars were and some yet are very Martial Knights whose renowned Actions are and ever Religious Orders of Knighthood will be on the Records of Fame But there were likewise Religious Orders for they vowed Chastity Poverty and Obedience And from Religion have come most of the Spanish Orders of Knighthood Sanctius the third of that name King of Castile for the more vigorous prosecution of the War against the Infidels instituted the Order of Calatrava in the Kingdom of Toledo The Master of which Order is a person of great Riches and Power His Son Alphonse the Ninth in the time of his dangerons War with the Moors instituted the Order of Saint James which hath since come to that heighth of power that the Master of it is one of the greatest Subjects of Spain But Ferdinand the first Catholick King made himself and his Successors with the help of the Pope Masters of these Orders One of the Kings of Portugal when he had Wars with both the Saracens of Africk and Spain instituted the Order of the Knights of Jesus Christ About the year 1570. the Queen of Navarre caused 12 Jane d'Albret great Medals of Gold to be coined which she distributed among 12 of the most eminent Chieftains of the Reformed Religion as tokens of their fraternity to incite them to Constancy Valour and Perseverance in the Cause against the Roman Catholicks Upon one side of the Medal were these words Assured Peace Entire Victory or Honest Death On the Reverse was the Queens own name with that of her Son the Prince of Bearne who was afterwards Henry the Fourth the Great King of France and Navarre War drains the Treasures of Princes and States so dry that for most part they are not able to pay the Wages and Arrears of those who serve them much less reward them The Roman Oak Olive and Laurel Crowns are out of fashion long ago nor would they signifie any thing but rather be ridiculous unless they were given with all the Wages due to the party who is to be honour'd with one of those Crowns as the Romans were accustomed to do I have observ'd in another place how in many parts of Christendome Officers above the quality of private Captains many times are reduced to beggary to obviate which since Princes and States cannot forbear War or will not live in Peace it would be a great work of Charity in them and would much redound to their Honour Works of Charity and Fame to build some Hospitals and endue them with some small Revenue in which those Commanders who are lame old and poor might get a morsel of Bread which would be an exceeding great relief to those distressed Gentlemen and much encourage younger people to engage in a fresh War for alass though written Testimonies sign'd and seal'd by the Prince or his General may be of good use to young and lusty Gallants who have their Health and some Money in their Purses to look for new Fortunes yet Passes though never so favourable to poor old men are upon the matter nothing else Passes but fair Commissions to beg CHAP. XXVIII The Comparison made by Justus Lipsius of the Ancient and Modern Militia examined IT is one of the Curses that follow'd Adam's fall and I think was inherent in Discontent follows humane nature him before his fall that as he was not so none of his Posterity can be content with his present condition The longing desire we have to enjoy that we want robs us of the content we may have of what we possess Hence it is that old men cry up those customes that were used when they were Boys vilifying the present and magnifying the by-past times Neither is this fastidium or loathing of present things the concomitant of age only for young men who are in their strength are tainted with it Some are displeased with the Government of the State others hugely dissatisfied with that of the Church because none of them are cast in those moulds which they fancy to be better than the present ones and though perhaps they cannot pretend to have seen better in their own times yet they have heard or read of those which they conceive were so absolutely good that nothing can be added to their perfection Others like only of those Governments which have their birth rise growth and perfection in their own giddy brains But to come nearer our purpose few Souldiers are satisfied with their own Countrey Militia for if they have been abroad in the World at their return home they cry up the Arms the Art and the Discipline of Foreigners nor can they find any thing at home can please them And though their occasions have never invited them to take a view of strange places yet their Books afford them matter enough to prefer those Arms those Exercises those Guards those Figures of Battels that Discipline of War they never saw to all those they may daily see Of this disease of Discontent I think Justus Lipsius hath been Justus Lipsius an admirer of the Roman Militia irrecoverably sick and though he did not compile a Military Systeme of his own as Machiavelli did yet I may compare these two in this that both of them were Speculative Souldiers Lipsius is so far disgusted with the Milice of his own time which truly being about eighty or ninety years ago was an excellent one which he might have seen and observ'd better than his Writings shows he did and is so much in love with the old Roman Militia which he never saw but by contemplation that in the comparison he makes of the two in the last Chapter of his Commentary on Polybius he is not asham'd to prefer the Ancient Art of War to the Modern one in all its dimensions As I conceive he was so Rational as to think no man would deny the Modern He compares
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
were of necessity to be all Gentlemen a custom worn clear out most of German Troops being now composed of Einspanneers without Gentlemen unless it be the Officers and not all of them neither The Commission of array in England is an excellent order by which an Army In England Royal may be brought together either for defence or invasion in a very short time The ancient custom of Levy in Scotland as we are told was to command all between sixteen and sixty years of age to appear in every Shire and you need In Scotland not doubt but out of these an Election was made of such a number as the Kings Lieutenants thought â—it But in latter times a far better and more expedient way was found out and that was to impose the raising such a number of Horse and Foot on every Shire proportionably according to the true valuation of the Estates of the Heritors and Proprietaries Assuredly a way very orderly methodical and just provided it never be made use of in an unjust cause The Kings of Sweden have constantly standing forces within the Kingdom to In Sweden prevent both Invasions and Insurrections they consist of Regiments and Troops which have their denominations from the Provinces where they are raised and where they reside they have their Officers and Colours and are appointed at several times to meet muster and exercise but are not in pay only some small thing is given to the Captain and the Ensign who ordinarily are their Drill-masters and upon that account get wages But these Troops and Regiments are sometimes carried out of Sweden to foreign Wars and that in great numbers and others appointed to be raised in their rooms As in the time of Charles the Ninth they were carried to Liefland against both Pole and Muscovy in the time of Gustavus Adolphus and his Daughter Queen Christina to Livonia Prussia and Germany and more lately by Charles Gustavus to Prussia Livonia Pole Germany and Denmark The Kings of Denmark have their Countrey Militia for defence of the Kingdome In Denmark but are neither so orderly nor so numerous as those of Sweden neither do they take them so frequently to foreign expeditions as of old they did when by their mighty Armies they invaded many places of Germany Scotland and England and made an entire conquest of Normandy But these were like the inundations of the Huns Lombards Goths and Vandals which two last both the Sweedes and Danes pretend to be their Ancestors on the Roman Empire The like of such an Election or Levy hath been in former times used in In Spain Spain and may be yet But when we consider that it hath been often drain'd of men in the days of Philip the Second for the maintenance of his Wars in Italy and the Low Countreys but more especially for his Plantations in America which began in his Father Charles the Fifth's time and continued during the Reigns of Philip the Third and the Fourth we must conclude that all the Spanish Levies made within that Kingdome neither were nor could be voluntary The French Levies of old were all made of the Natives the Cavalry consisting of the Nobility and in the number and strength of a Cavalry France surpassed any other European Nation Charles the Seventh took the assistance of Scottish Foot who joyn'd with his own in his long Wars with England In France But his Son Lewis the Eleventh beside the Scots made use of the Switzers who had at that time acquir'd the reputation of a stout and warlike people not only in maintaining their liberties against the house of Austria but in a bloody War against Charles the Warlike Duke of Burgundy whom they defeated in three great Battels in the last whereof they kill'd himself if he be not yet on his Pilgrimage to Jerusalem These Switzers were so much the more highly esteem'd of by Lewis because they had routed and undone his capital Enemy of them his Infantry was mostly compos'd and he appointed some thousands of them to guard his person as his Father had appointed the Scots to guard his but Lewis kept the Scots likewise and it was well for him that he did so for they defended his life valiantly at the Siege of Liege when the Inhabitants by a desperate Sally had pierced through the Burgundian Army even to his lodging as Philip of Comines relates the story Not only while he liv'd but in the reigns of his Son Charles the Eight and of his successor Lewis the Twelfth did the French Infantry consist of Switzers but Francis the first having had some bloody-trials of the Infidelity of these Mercenary Soldiers put on a resolution to stand thereafter on his own legs and not on those of strangers In order to which in the year 1534 in imitation of the Romans he appointed to be levied and enrolled seven Legions of French Foot French Legions six thousand each which made up a gallant Infantry of two and forty thousand men how these were arm'd shall be told you in its own place This Ordinance fell out to be made in the days of Marshal Monluc who seems in his Commentaries rather to disapprove than approve of it but gives not his reasons I suppose these Legions were kept up in the reigns of this Francis who was the instituter of them and of his Son Henry the Second But if I have observed right they began to wear out in the reigns of his Grand-children Charles the Ninth and Henry the Third who in the time of their Civil Wars made use again of the Switzers as also of Germans and so did likewise the Protestants take the assistance of both Horse and Foot of the German Nation as you may find them ordinarily design'd in the French Histories under the name of Reuters and Landâ—sknechts the first in the German Language signifying Riders or Horsemen the second Country fellows For as I told you the Germans composed their Cavalry of Gentlemen and their Infantry except the Officers of Peasants In the Seventeen Provinces both before they became all subject to the Dukes of Burgundy when they were under several Dukes and Earls and after the Levy In the Low-Countries of their Foot was imposed on the Commons to be made of the sixth fourth or tenth man according to the danger of the Country or for most part the pleasure of the Prince The Cavalry was made up of the Nobility according to their several qualities and abilities and they were obliged to keep such a number of serviceable Horses and Arms in the time of peace on their own charges having for that some exemptions and priviledges of no great consideration and in time of War they were paid with some small wages appointed at the first forming their Militia Which Cavalry saith Bentivoglio used to be of a high repute and estimation but now saith he not being composed of the Noblest as formerly it was but of common and ignoble persons it
is fallen extreamly from its ancient honour and dignity And observe that this Cardinal wrote this long ago to wit in the year 1610. and therefore we may conclude that the whole Militia of these Provinces belonging to the King of Spain is now much more degenerated whereof our eyes can bear witness The Great Turks Levies are soon made for the raising his Armies is but as In Turky the Randezvouzing of ours all the members of his forces by land being one way or other in his pay before he wage War his Foot I mean the Janizaries being bred in their several Sâ—rails and Seminaries and in his pay His Spahies and Timariots which compose his Cavalry either possessing Lands for which they are bound to serve or receiving weekly wages in time of peace out of the several Treasuries through his Empire His Neighbour the Sophi of Persia his Militia consists of Cavalry most In Persia whereof if not all are Gentlemen excellently well Horsed and Armed with which he hath oft grapled with the Turks Armies consisting of a more numerous Cavalry besides vast numbers of Foot and a great Train of Artillery of the two last whereof the Sophi is destitute unless it be of very late years The second kind of Levy is when Princes and States impose no necessity on Second kind of Levy their Subjects to rise but for making up their Armies invite by Trumpet and Drum all to take imployment whom either the desire of honour riches booty pay or wages may encourage to undergo their service And this is that kind of Election which now is universally and properly enough called a Levy It is certainly the only Voluntary Election because the parties elect themselves without A Voluntary Levy described the constraint of any Law none being prest to the service but such who of their own inclinations engage themselves and give their names to be Enrolled By this kind of Levy have most foreign Princes and States in our days raised their Armies the manner of it is shortly this The Prince or State makes choice of Colonels both for Horse and Foot to whom they give Commissions or Patents to raise Regiments of such a number of Companies and such a number of men in each Company or Troop as the Prince or State thinks fit to this purpose they give every Colonel a sum of money so much for every Horseman every Dragoon and every Footman as they and that Colonel can agree And these sums vary oft according to the fewness of Soldiers the numbers of Armies and Leviers and the danger of the War or good or bad pay of him who wageth it so that I have known ten Crowns not sufficient for a Foot soldier where four would have serv'd the turn three or four years before The Colonels are limited ordinarily to such a time to have their Regiments ready and for that purpose have a place of Rendezvouz appointed to them The Colonels themselves give Patents to their Lieutenant-Colonels Majors Ritmasters and Captains and they to their Lieutenants Ensigns Cornets Quarter masters Serjeants and Corporals immediately after Trumpets are sounded and Drums beaten and those who present themselves receive levy-moneys and thereafter are entertain'd and their names being Enrolled they are no more free but bound to serve Observe here that the Prince or State make choice of such Colonels as they think most proper to raise men for their service either in their own Countries or foreign ones where Levies are permitted to be made for them by their friends Confederates and Allies The Emperors Ferdinand the Second and the Third and this Emperour Leopold Made use of by most of Princes in later times levied all their great Armies in the time of their long and bloody Wars by sound of Trumpet and beat of Drum So have all the German Princes and mostly the Kings of France and Spain The great King of Sweden Gustavus Adolphus his Daughter Christina and the late Swedish King Charles Gustavus made up most of their Armies and so did Christian the fourth King of Denmark except some Regiments of their native Swedes and Danes of Dutch Scots and English raised all by this manner of Levy But hereby you may easily fancy that the ancient distinction and difference between the Cavalry and Infantry as to their birth and breeding is wholly taken away mens qualities and extractions being little or rather just nothing either regarded or inquired after the most of the Horsemen as well as of the Foot being composed of the very scum of the Commons But there is worse than that for where a War is of any long continuance Abuses and Inconveniences of this Voluntary Levy that Armies mouldring away either new Regiments must be levied or the old recruited this kind of Levy is grosly abused and many there are who make a trade of it taking money from one and presently running over to another As I said before scarceness of Soldiers is the cause why Princes are the more liberal of their Levy-moneys he who carries the heaviest purse ordinarily being master of most men and this procures another great inconvenience and mischief the desire to be fingering a beneficial new Levy-money inticeth many to run from their Colours and desert their Masters service In the long German War I have known in one Imperial Town six or seven Captains whereof my self was one all levying for several Masters and some Rogues receive money from most of us and yet go out of Town with none of us If these and many other inconveniences be consider'd we may conclude the Safest way of Levy surest and the safest way of Levy is that a Prince or State makes of their own Subjects or of those whom they receive as Auxiliaries from their Allies as the great stock of the forces of the Estates of the United Provinces of the Netherlands Levies of the Estates of the united Provinces â— was of Regiments of Scots English Germans and French most whereof continue in their service to this day yet have these Estates been many times forced to make use of this Levy by Trumpet and Drum and never more than in this year 1672 being necessitated to levy not so few as fifty thousand Foot and Horse In all kinds of Levies such Officers should be chosen as are men of understanding What Souldiers should be elected and of some experience in Military matters As to the Soldiers whether ther they be to serve on Horse or Foot the stature is not to be look'd to so much whether it be tall mean or indifferent as the proportionable and cleanly connection of all the members of the body which must be compact and strong a manly face with lively vigorous eyes which denote the quickness and vivacity of the mind apt to learn what belongs to his Art If the Souldier be to serve on Foot he ought to be such as hath been inur'd to toil and hardship for which purpose as the Roman
gallantly defended by the Duke of Guise till the Imperial Army moulder'd away and was made despicable by the sword sickness and grievous winter weather and at length was forc'd to make a pitiful Retreat from it after which that great Prince retir'd to a Cloister and from it to another world So did that Emperours Great Grandfather Charles of Burgundy with a great deal of vanity but with a greater deal of loss continue his Siege of Nuise as it were in despight of the Roman Emperour and all the Princes of Germany till he was forc'd to sneak away from it with dammage and dishonour enough So did Rocandolf continue the Siege of Buda notwithstanding all the prayers and perswasions of all his great Officers to the contrary to the utter undoing of a rich and a gallant Army as hath been told you in another place But as in ancient times so in our late European Wars it hath been an ordinary To raise a Siege without taking the place no dishonour thing for brave Generals to raise their Sieges either upon the intelligence of the advance of a strong succourse or some other weighty consideration So did the great Gustavus raise his Siege from Ingolstadt in Bavaria The Swedish Felt-Marshal Banier from Leipsick in Saxony His Successor Torstenson from Birn in Silesia and Wrangle who succeeded him from Eggar in Bohemia So did Instances Wallenstein from the Sieges of both Magdeburg and Stralsund So did Marquess Spinola raise his Siege from Bergen op Zoom upon Count Mansfeld's conjunction with Maurice Prince of Orange and was not asham'd to bury some of his Cannon that he might make his Retreat with more expedition So did that same Prince Maurice raise the Siege he had form'd at Groll upon Spinola's advance towards him And so did his Brother Henry Prince of Orange rise from Venlo upon the approach of the Cardinal Infant But if a General be well provided and there is no sickness in his Army and if he have strong hopes to To march from a besieged Fort to fight an Enemy hazzardous carry the place he ought not to leave it unless it be to fight the succourse that is coming to it This hath been often practis'd sometimes unfortunately and sometimes successfully Take a few instances of both Count Tili left the Siege of Leipsick march'd toward the King of Sweden who came to relieve the Town and fought him but to his great loss So did the Duke of Weymar and the Suedish Felt-Marshal Gustavus Horne leave the Siege of Nordling and march'd Instances to fight the Hungarian King but with the loss of the day and their Army too But that same Duke of Weimar had afterwards better fortune when he besieg'd Brisac from the Siege whereof he rose twice and fought the Armies that were sent to relieve the Town and return'd both times to the Siege crown'd with Laurel So did the Swedish Army leave the Siege of Hameln that Town out of which they say a Piper plaid first all the Rats and next all the Children and of the last none returned and met the Imperial Army which advanc'd to relieve it and sought with Victory So did the French and English leave the Siege of Dunkirk not many years ago and fight Don Juan d'Austria and beat him But if the Besieging Army be well and strongly entrench'd against an Enemy To lye still entrench'd notwithstanding of any succourse both within and without the Town and want for no provisions he should make no such hazzard but lye still and when a succourse comes it must either look on and leave the attempt or storm the Besiegers fortified Camp If the succourse be forc'd to march back without doing his errand then the Besieger is master of the Town or Fort. So did the Duke of Alva when he besieg'd Mons in Henault keep himself within his fortified Camp and endur'd all the bravadoes of William Prince of Orange who came with an Army out of Germany to relieve the Town the Duke knowing well that the Prince for want of Money would in a short time be forc'd to disband his Army If he who comes with the succourse resolves to storm the Besiegers fortified Camp he doth it with as To storm an entrenched Camp often unsuccessful much disadvantage as an Army without shelter can fight with one that is entrench'd and seldome such attempts are successful Hannibal try'd it at the Siege of Capua and though he did it both skilfully cunningly and couragiously yet after he had storm'd the Roman Camp and was beat off he was forc'd to leave that rich and great City to be a prey to it s exasperated Enemy Count Pappenheim though a brave Captain yet gave cause to question his discretion very much when he was so lavish of his Master the Emperours Souldiers at a time when he had so much need of them against the Victorious King of Sweden as to storm the fortified Camp of Henry Prince of Orange at Maestricht where he left not so few as 1500 dead men on the place besides as many more who were wounded The Prince followed a precedent was given him by Spinola when he besieg'd Breda who kept himself within his Trenches constantly when first Maurice and then Henry Prince of Orange and Count Mansfield offered him Battel and beat off likewise some assaults more made on some places of his Camp by that same Prince Henry and Sir Horatio Vere When an Army that hath attempted the relief of a Town hath retir'd and is either baffled or beaten the Governour of the besieged place may with reputation Of rendition yield on honourable conditions which will not be so good as they would have been before but be what they will they ought to be punctually and inviolably kept but of this I shall speak in another place If a Besieger obtain a Victory over the Army that comes to relieve the besieged place some think To drive Prisoners to the Port of a besieged Town he may drive all his Prisoners to the Ports of the Town and if the Governour will not take them in he may suffer them to starve But I can find no reason why the Governour should admit them and far less why the Victorious General should have respited their lives from the Sword to put them to a more merciless Death yet I saw some part of this practis'd at that Town of Hammeln whereof I spoke but just now for after the defeat of the Imperial Army the Swedish General sent all the Prisoners who were no fewer than three thousand to the Ports of the Town but the Governour gave entrance to none of them But I conceive this was done only to frighten the Garrison out of the thoughts of further resistance and to give them within assurance that their Friends were defeated and not to starve those poor Creatures But the matter came not to the tryal for next day the Governour sought a Parley and
those who have Articles The first Class we may sub-divide into those who have quarter verbally promis'd them and those who submit to the mercy of the Victor Of all these and each of these I shall say one word in general that though quarter be promis'd by inferiour Officers or Souldiers or that the vanquish'd hoping for mercy yield without any such promise he who commands in chief provided he be on the place may put all those Prisoners to the Sword for quarter given by the Inferiour signifies nothing till it be confirm'd by him who commands on the place and then the Prisoners have quarter That chief Commander may order them all to be kill'd without any imputation of breach of Faith or Justice as not being tyed by any promise his inferiour hath made and this he may do by the Law of War and that is grounded on the law and custome of Nations and if you will believe Cyrus and the Ahtenians it is grounded on the Law of Nature by which Prisoners of War may be used as the Victor pleaseth And Grotius says In Captivos quicquam impune fieri and Captivi Jure Belli occidi possunt What a General may do with Prisoners of War Suppose still that no quarter hath been promis'd by him who commands in chief on the place But though I say a General may do this by the Law of War yet he cannot do it without the imputation of horrible cruelty and inhumanity except in some cases And though Jure Belli they may be kill'd yet without invincible reasons to kill men in cold blood is not the part of a man for they cast up their account that the bitterness of death is past and therefore they should not be put to death unless he who inflicts it can produce as good a warrant for it as he could who hewed the King of the Amalekites in pieces after Saul had given him quarter The Heathen Tacitus could say Trucidare deditos saevum It is cruelty to kill those who submit Yet you will Cruelty to kill Prisoners in cold blood see anon that Christian Prisoners of War have been put to death in cold blood by Christian Princes and Generals without any other Authority for their so doing than what the Law of War gave them But after Quarter is confirmed or granted by the General the question is Whether upon the emergency of three several accidents they may not be put to the Sword The first is if an Enemy rally after a Battle is won and make Whether Prisoners may not be killed after Quarter given them by the General In three cases or offer to make a fierce onset the victorious Army not being so strong to oppose the charge and guard the Prisoners from whom also danger is to be expected This was Henry the fifth of Englands case at Agencourt where for the same reasons 6000 French Prisoners by his order were in an instant put to the Sword Froissard passionately relates to us the sad fate of about one thousand French men who were taken Prisoners and had fair quarter given them by John King of Portugal in a battle that he fought with one of his own name King of Castile the story was briefly this The King of Castile having a just pretence to the Crown of Portugal to which in hatred of the Castillans the Portugueses had advanced a Bastard invades Portugal with a great Army in which were many French Auxiliaries The Portuguese King being reinforced with a considerable number of English Archers resolves to fight The French would needs have the point which was given them with much indignation by the Castillans who lag'd behind them at a very great distance These French valiantly fighting are routed and most of the thousand I spoke of are taken thereafter the Castillans advanced with a resolution to fight the Portuguese seeing he was to fight a new Battle commanded under pain of Death every man to kill his Prisoner which was instantly performed with much pity and compassion and not without the sad tears of those who massacred them The second case is when an Army is retiring and a powerful Enemy fiercely pursuing it will be dangerous to leave your Prisoners behind you and forward you can hardly bring them And the third is When you are reduced to great penury and want of meat whether you had not better kill your Prisoners than let them starve for if you maintain them they insensibly cut your throat by eating your bread All these three cases Grotius comprehends in these words Si Captivorum multitudo oneri aut periculo sit If sayes he the multitude of your Prisoners be dangerous or burthensome in these cases he adviseth rather to dismiss them than kill them I think he speaks like a good Christian but I am afraid that they who lead Armies will think by such mercies they will prove cruel to themselves and treacherous to their Prince and when in any of these cases they are put to death often their numbers occasion their destruction which in other cases the same Gâ—otius would have to be the cause of their safety But the Prince or Generals promise of fair quarter admits â—a salvo for notorious To whom Quarter ought not to be given Thieves Robbers Murtherers such as have deserted their service and run over to the Enemy or have broke their Oath of fidelity ought not to be comprehended in this promise nor can it save them from the stroke of Justice Indeed if they get Articles signed for their lives these Articles should be religiously observed for faith should be kept to the worst of men Neither can the promise of Quarter secure Rebels from that death Rebellion deserves for nothing can save them but the mercy of the Sovereign Prince or State against whom the crime is committed Yet my humble opinion should be That when What to be done with Rebels Rebellion is come to that growth that she is not ashamed to take her mask off and that the success of Rebels hath clothed them with usurped Authority Princes and States should rather suffer Quarter though without Articles to be kept to those of them who are taken Prisoners than provoke them to shed the blood of loyal persons on Scaffolds as hath been done too oft for it is not to be doubted but Rebels will both by their Paper and leaden Bullets vindicate themselves and maintain their Authority to be lawful and roar out these distinctions which yet make our Ears tingle of the Prince his virtual and personal power of his legal and personal capacity Having told you who hath power to give Quarter and having spoken of Prisoners who yield on discretion Prisoners who yield upon promise of Quarter let us speak next of those who submit to the Victors discretion and have no promise of Quarter who certainly may be put to the edge of the Sword without any imputation of breach of Faith or promise yet not without the