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
injury done whether it be to Princes Subjects or Embassadours and that no satisfaction after it is required can be got And indeed this War should be formally denounc'd otherwise it derogates from the Justice of the cause This to me seems clear from the definition the Civilians give of an Enemy Hostes say they sunt qui nobis aut quibus nos bellum decernimus caeteri Indictio Belli latrones aut praedones sunt Those are enemies who either have denounc'd the War against us or we against them others are Thieves or Robbers And Cicero in his Offices Nullum Bellum est justum nisi quod aâ—t rebus repetitis geratur aut denunciatum ante sit indictum No War is just but what is made for restitution or denounced or indicted before Neither will the War that Joshua made against the seven Nations of the Canaanites impugn what I have said of the just cause of a War for though these Nations had perhaps done no wrong to the Israelites yet Joshua had a particular Warrant from God for what he Joshua his Wars did which few or none but he can pretend to It is true neither he nor Moses were commanded to fight with the Amalekites yet the Lord approved of it afterward The Grecians denounc'd their War by a Caducâ—us The Romans by their Feciales whose custome was to stand on the Roman Territory and throw a Spear or Javelin against the Land of those whom they declared Enemies In these later times besides the denunciation of the War a Declaration ordinarily called a Manifesto is emitted by the Aggressor whereby he either doth make the Justice of his War appear to the world or at least endeavours it And though the persons of Embassadours were wronged and violated against the Law of Nations yet the War should be denounc'd by a Letter or some such way saith Grotius yet we read not that David used any such previous civility to Hanun King of Ammon after he had affronted his Embassadours A Civil War may be likewise two-fold the one sort is of the great men of Civil War twofold a Free State one against another as that of Sylla against Marius Father and Son and Caesar against Pompey Father and Son among the Romans or in a Monarchy of those who are competitors for the Crown as the War was between the Houses of York and Lancaster The other is of Subjects against their Soveraigns which can never be lawful let the pretext be never so specious I mean on the Subjects part for I make no doubt but a Soveraign whether Prince or State not only may but ought by the power of the Sword to reduce their Rebellious Subjects to their Duty when by no other means they can prevail with them Both these kinds of Intestinâ— Wars are called Civil because they are inter Cives unius Reipublicâ— Among the Citizens of one Common-wealth It is the worst of all Wars and that wherein there is not so much as the least shadow of Civility This War arms Brother against Brother for which we need not search History for Examples In this War the Son thinks he doth a meritorious work if he betrays his own Father and the Father conceives he super-erogates if he sheaths his Sword in his Sons Bowels because saith he he did not rise to fight the Lords Battels even It is the worst of Wars perhaps against the Lords anointed for this War extinguisheth all natural affection among the nearest in Blood This sort of War sends Coblers and other Mechanicks to the Pulpits to torture their Audience with Non-sence This converts Souldiers into Preachers who by vertue of their double callings belch out Blasphemies against the great God of Heaven and rebellious and opprobrious Speeches against his Vice-gerents on Earth And on the other hand this War metamorphoseth Preachers into Souldiers and tells them that a Corslet becomes them better than a Canonical Coat and a broad Sword better than a long Gown It whispers them in the ear that Christ would not have bid those of his Disciples who had two Coats sell one of them and buy a Sword if he had not intended to leave War as a Legacy to his followers as well as Peace It tells them they ought in their Sermons to summon Subjects under the pain of eternal damnation to rise in Arms against the Soveraign Power because they are bidden Curse Meroz who would not come out to help the Lord against the Mighty Yet very few of them can tell you whether Meroz was a Prince a City or a Countrey But I dwell too long here Not long after the Flood we find numerous Armies raised by Nimrod and his ambitious Successors to subject others of Noah's race to their lawless dominion And indeed if the Stories of these very ancient times be true as they are very much to be doubted we read not of so great Armies except some in Holy Writ as those which Ninus and the famous Semiramis and the Kings of India whom she invaded brought together It is pity we should not know how they were armed and in what order they fought I suppose there were Wars in the World before there was any to record them The Egyptians wrote in Hieroglyphicks and therefore I believe next to Moses we are obliged to the Grecians for giving us a glimpse of Antiquity And truly even they wrote the occasions the causes the beginnings the progress and issues of Wars so confusedly and fabulously that we can Ancient Histories fabulous build but little on their relations till themselves became renown'd by the stout resistance they made against the Persian Monarchy and yet even then they give us but little light how other Nations besides themselves manag'd the War what Art or Order they used in their Battels or how their Combatants were Armed The Sacred Story mentions no Battel fought after the Flood or before it till that of Chaderlaomer and other three Kings against the five Kings of the Plain But we may presume there were many bloody bickerings before that when Nimrod Belus Ninus and Semiramis if Ninus was not Amraphel one of the four Kings whereof I much doubt impos'd the yoke of Slavery on so many Nations In this Battel fought in the plain of Sodom and Gomorrha the five Kings were beaten but how either they or their Adversaries fought with The Battel of Sodom what Arms or in what Order the History tells us nothing The Conquerours carry away a great booty and many Prisoners and among them Lot and the endeavouring his rescue made the War just on his Uncle Abrahams side He follows and overthrows the four Kings and brings back all the Goods and Prisoners Abraham had no particular Warrant for this War but it was approved for thereafter Melchizedec the Priest of the most High God blessed him nor was it needful for the Father of the Faithful to denounce the War because he look'd upon himself there as an Ally if not
those Officers who are call'd together to be a Jury in the examining processing and sentencing Delinquents and it is twofold a General or high Court of War and a Regiment or a low Court of War The Causes belonging to the General Court of Wars cognizance are A General Court of War matters of Treason against the Prince or State injuries and affronts done or offer'd to the person or honour of their General differences between the Cavalry and Infantry between one Regiment and another between Officers of one Regiment or between Officers and Soldiers of one Regiment To the decision of a General Court of War belong all Civil affairs and business though they have been determined in the lower Courts for in Cases to be determined by it these cases Appeals are permitted to the higher Court neither can the sentence of the lower Court be executed till the process be fully heard in the superior if the parties concerned have appealed to it When the business concerns the Prince or State or that any General person or Colonel is criminally accused the General or Commander in chief of the Army is obliged to preside himself But in those other cases which I have mention'd The President of it He may appoint a Lieutenant-General or a Major-General to preside I know the Swedes give the Presidency in General Courts of War constantly to the Auditor-General or Judg-Marshal in the General or Felt-Marshals absence But truly I think this is not done without some derogation to those General Officers who assist for though upon the matter the Auditor-General orders the proceedings of the Martial Court yet in point of honour he should not preside in a high Court of War no more than a Regiment-Auditor in the Discipline of these same Swedes presides in a lower Court. The Assessors should be twelve in number at least for they The Assessors may be and ordinarily are more besides the President and in some places fourteen besides the President These be the General of the Artillery the Lieutenant-General of the Army the Generals of the Cavalry and Infantry the Lieutenant-Generals and Major-Generals of Horse and Foot the Quarter-master General and such Colonels as the General or Auditor-General thinks fit to appoint After they are conven'd they take their places thus At the head of the Table the President sits alone upon his right hand at the side of the Table sits the General of the Artillery and under him the General of the Cavalry Upon the Presidents left hand at the side of the Table sits the Lieutenant-General of the Army and under him the General of the Foot Under the General of the Cavalry sits the Lieutenant-General Their Precedency of the Cavalry and under the General of the Foot sits the Lieutenant-General of the Foot and in that same order the Major-Generals and next them the General Commissary and General Quarter-master Next them all the Colonels who are called there take their places according to the time they have served as Colonels in that Prince or States service the right side of the Table which is that on the Presidents right hand being more honourable than the other After they have all taken their seats they rise again and hear an Oath read wherein they swear with hands up to be free Their Oath from all malice envy hatred revenge fear and affection and that they shall judg righteously and impartially according to the Laws Constitutions and Articles of War and their own best judgment and conscience So help them God in the great day The Provost-Marshal General is to be the Accuser The Accuser with the help of the Princes Prolocutor-fiscal and to him belongs also the execution of the sentence The lower Court of War is that which is kept in the several Regiments whether Horse or Foot which the Colonels and in their absence the Lieutenant-Colonels may call when ever they think the necessity of their affairs A Regiment Court of War require it A Regiment Court-Marshal may judg and determine in all causes both Civil and Criminal and of all persons except the three Field-Officers within that Regiment The Colonel presides in his absence the Lieutenant-Colonel The President and in his the Major or if none of these be present the oldest Captain but the Regiment-Auditor never nay not in the Swedish Armies In the Regiments of Horse the Colonels Assessors are his Lieutenant-Colonel His Assessors and Major three Rit-masters as many Lieutenants as many Cornets and as many Corporals or more if the Colonel pleaseth In a Regiment of Foot two Captains two Lieutenants two Ensigns two Serjeants two Furers and two Fouriers where such Officers are allowed where not more of the Serjeants and two Corporals They may be in all more than thirteen Their Number but fewer they may not be The Regiments Provost-Marshal presents the accused party with a Guard to the Court of War after the members have sworn as the General Court of Wat useth to do and formally delivers The Accuser his accusation from this Court there may be as I told you before appellation The sentence to be approved by the General in Civil affairs but not in Criminals yet no sentence of death past by a lower Court of War can be executed till the General approves of it and sometimes he remits the examination of it to a superior Court especially when he hath ground to believe that the Regiment-Court hath past either too rigorous or too mild and favourable a sentence And this superior Court call'd in such cases is commonly call'd a Court of Error because it cognosceth Court of Error of the Errors of the inferior ones The Prince or State still retains power to moderate and mitigate the sentence of either of the Courts or graciously to remit and pardon the offence and in their absence their Generals may do the like except in the cases of Les Majesty But after the sentence of either the one Court or the other is prohounced no man that bears charge or office in the Army is permitted to speak for pardon or mitigation unless it be Ensigns to whom something of that nature by custom is indulged and in some places Officers who transgress in this point are punisht with the loss of their places and such as have done so may be sure none will be so kind as to plead for their restoration These Laws Ordinances and Courts of War the sentences of these Courts and execution of these sentences makes up that part of a Militia which ordinarily Discipline of War is called the Discipline of War for the right ordering and regulating whereof an Auditor-General Inferior Auditors a Marshal-General Inferior Provosts Marshals and their Lieutenants with Executioners or Hangmen are absolutely necessary members in all Armies The Auditor-General is he whom we call Judg Marshal and whom some Judg Marshal call Judg-Advocate He ought to be a grave and judicious person
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
men who profess the name of Christ than either Grotius or Machiavel If I mistake not that great Doctor of the Gentiles thought the Art of Souldiery consider'd a part and distinguish'd from all other Arts either Liberal or Mechanical very lawful and therefore compar'd not the professors of it to infamous people such as Grotius knew Hangmen to be On the contrary the Apostle proposes a pure Souldier who waited only on his own Art of War as a fit example for his Son Timothy to follow Read the third and fourth verses of the second Chapter of his Second Epistle to Timothy you will find these words Thou therefore endure hardness at a good Souldier of Jesus Christ No man that Warreth entangleth himself with the things of this life that he might please him who hath hired him to be a Souldier The French Translation hath it the affairs of this life the Italian the doings of this life the German hath it no Warriour seeks another livelihood This is much and more than I desire for I think it were good for Souldiers to have learned some othe Art or Trade than that of Souldiery only Deodati expounds these words in the doings of this life that is says he in such affairs such Art or such Trades as may hinder a Souldier in his duty of Souldiery Be that as it will I avouch That the Apostle in these words pronounceth the pure Art of a meer Souldier without any other Art or Trade to be most lawful else he had made no apposite comparison between Timothy and a Souldier which I presume none who hath read Paul's Epistles and believes them to be endited by the Holy Ghost will be so impious as to fancy By this Text a Christian man may very lawfully apply himself to the profession of pure Souldiery without learning any other Art or Trade And I think also that Timothy was exhorted if not commanded to apply himself only to the Ministry of the Gospel and to no other Art yet if he had learn'd any other way of livelihood before Paul circumcis'd him it would not have been forbid him Paul himself before his conversion had learn'd to be a Tent-maker which he exercis'd for his livelihood when he preach'd the Gospel Luke the Evangelist before his Baptism was a Physician which no doubt he practis'd all the time he accompanied St. Paul in his Voyages But I think by this Text men are forbid to learn any other Art after they are actual Ministers of the Gospel And therefore I conceive Church-men are forbid to have plurality of Professions which perhaps they will be contented to hear with better will than to have it told them That plurality of Benefices is forbidden the Clergy But because Grotius hath made use of St. Austine's authority against me in St. Austinâ—'s authority this question which I have cleared I shall presume to cite that same Father in defence of my cause It is true I have read but few of his learned Books but the passage I mind to speak of I have read cited by a very worthy and credible Author and though he cites it for another purpose yet finding it makes very much for mine I could not chuse but make use of it The words are in one of his Books against the Manichees and are these Non est potest as niâ—i à Deo â—ive â—nbâ—nte sive sinente Ergo vir justus si fortè sub Rege etiam Sacrilego militat rectè potest illo jubente Bellare quemadmodum enim Regem facit reum Iniquit as imperandi ita Innocentem Militem facit ordo serviendi English me this Monsieur de Grot but because you eâ—ther cannot or will not I both can and will There is no power says he but from God either commanding or permitting it therefore if sometimes a Righteous man serves as a Souldier under a Sacrilegious King he may lawfully fight when he is commanded for as the sin of commanding makes that King Guilty so the obedience of serving makes that Souldier Innocent This is more than I have yet said this great and pious Divine seems to me to assert That a Souldiers Art is not only lawful but that he is bound to fight when commanded even in a cause the Justice whereof does not appear to him yea though the Injustice of it be made apparent to him But assuredly St. Austin meant to except those things which are diametrically against the word and Will of God for the rule holds firm and perpetual Better obey God than Man In other matters the Souldier is not so strictly to examine the quarrel the sin of commanding to fight in an unjust cause rendering the Souldiers obedience in fighting blameless and innocent Hence it will follow That a profess'd Souldier who knows no other Art or Trade may lawfully make profession of his skill and practise it in any part of the World for wages so he fight not for those who are profess'd Enemies of the name of Christ against those who profess it for I do not at all doubt but Christian Souldiers who make a profession of Souldiery and have no other way of livelihood but to fight for wages may very lawfully serve either the Sophi of Persia or the great Mogul of India against the Great Turk because though they be all three equally blasphemous adorers of the Alcoran yet the Wars of the first two may divert the Grand Signior from the Invasion of Christendome Give me leave to take the help of another Doctor and Father of the Christian Tertu'lian's authority Church and that is Tertullian whom I find cited by many others to prove taking Arms against Soveraign power unlawful The passage is in that Apologetick which he wrote in vindication of the Primitive Christians persecuted by Heathen Emperours I shall only cite the words that I conceive make for my purpose Cui Bello non prompti fuimus cui Bello non idonâ—i etiam impares Copiis qui nunc tam libenter trucidamur To what War says he were we not fit to what War were we not ready though fewer in number of forces who now are content willingly to be slain In these words observe that profess'd Christians were Souldiers and fought willingly and without constraint and for pay too you may be sure under the Banners of Heathen yea Persecuting Emperours without examining the Justice of the War which ordinarily was very oft wanting with those Princes who measured the equity of their cause by the length of their Sword I doubt not but the War which the Tyrant Maximianus made was neither just nor lawful yet the Theban Legion consisting of six thousand Christians serv'd faithfully in that War and found no opposition in their Consciences to that Military employment But when that Pagan Emperour commanded them to Sacrifice to his false Deities and Idols then they flatly refus'd obedience knowing surely they were not oblig'd to disobey God by giving obedience to Man and offer'd their Throats to be
against the use of the Pike Dedicated to the Earl of Essex examin'd 178 CHAP. VII Of Gun-powder Artillery its General and Train 187 CHAP. VIII Of Musters and Muster-masters of Pay Proviant and Service of Treasurers Commissaries and Proviant-masters and of the Military Oath 197 CHAP. IX Of Military Laws and Articles of Courts of War of the Judge Marshal and of the Provost Marshal General 203 CHAP. X. Of Exercising Drilling and Training the several Bodies of the Cavalry and Infantry 209 CHAP. XI Of Companies Regiments and Brigades of Foot what they have been what they are how they are marshall'd of all their Officers their duties and qualifications 213 CHAP. XII Of Troops and Regiments of Horse of their Officers and of Dragoons 231 An Appendix to this twelfth Chapter 239 CHAP. XIII Of Felt-marshals Lieutenant Felt-marshals Lieutenant Generals Generals of the Cavalry and Infantry Major Generals and Adjutant Generals 247 CHAP. XIV Of a Captain General or Generalissimo 251 CHAP. XV. Of Intelligence Spys and of a General Scout-master 260 CHAP. XVI Embattelling by the square root examin'd and rejected 266 CHAP. XVII Of the modern way of embattelling and marshalling Armies 269 CHAP. XVIII Of the Women and Baggage belonging to an Army of the General Waggon-master and his Duties 274 CHAP. XIX Of the March of an Army 278 CHAP. XX. Of Quartering Encamping and Modern Castrametation Of the Quarter-master General and of the Quarter-master of the General Staff 284 CHAP. XXI Of Guards Watches Sentinels Parades Rounds and Patrovils 295 CHAP. XXII Of things previous to a Battel of a Battel it self and things after a Battel 303 CHAP. XXIII Of Retreats 308 CHAP. XXIV Of several ways to take fortified places particularly of Sieges Trenches Approaches Redouts Batteries Zaps Galleries Mines Storms and Assaults 313 CHAP. XXV Of the Defence of fortified places against all manner of Expugnation of all things necessary for Forts of Governours of his duties and qualifications 323 CHAP. XXVI Of Prisoners Parleys Treaties and Articles in our Modern Wars 335 CHAP. XXVII Of our Modern Military Punishments and Rewards 347 CHAP. XXVIII The Comparison made by Justus Lipsius of the Ancient and Modern Militia examined 353 CHAP. XXIX Whether the profession of Souldiery be lawful 362 ERRATA PAg. 27. l. 24. and in other places r. Goujats p. 56. l. 17. r. Absueid p. 77. l. 5. r. fight p. 85. l. ult r. Maniples p. 103. l. 27. r. cense p. 104. l. 19. r. who trusts not p. 110. l. 29. â—r Officers p. 124. l. 53. r. 1000 foot broad ib. l. 60 r. 100 foot p. 125 l. 11. r. 1000 in breadth p. 162. l. ult r. De la Gaya p. 173. l. 26. r. patroun ib. l. 34. r. Dunder p. 192. l. 21. for charge r. pierce p. 194. l. 59. r. Felizeug-meister p. 196. l. 43. for times r. hours p. 197. l. 29. r. Tâ—n pasvolants p. 199. l. 50. r. Royelets p. 206. l. 46. r. lâ—se Majeste PALLAS ARMATA Military Essays ON THE ANCIENT AND GRECIAN ART of WAR CHAP. I. Of the Ancient Militia in General PEACE is the choicest of all Earthly Blessings One Peace is better than innumerable Triumphs It is that Blessing â—â—ich carries all other external oneâ— in its Bosome without it no man can say he either enjoyâ— himself or any thing he might call his own The terrible Ware which our Passions raise within our Breasts against our Reason make us cry to Heaven for that inward Peace whereof neither Man nor Devil can bereave us Even so those people among whom Peace a choice Blessing the seat of War is send up their frequent Petitions to the God of Peace to remove that dreadful Scourge from them but the pity is when their Prayers are heard and that they have obtain'd the so much desir'd and long'd for Peace few or none of them study to preserve so inestimable a Jewel Many Nations have and do this day enjoy a quiet Peace but seldome or never had the whole habitable World a general Cessation of Arms but when Augustus shut the Temple of Janus And it was fit that it should be so then when the Prince of Peace was to descend from the Mansions of Peace to enter the Womb of the Immaculate Virgin But it is not my Work to descant of Peace the Elogies whereof have been loudly enough proclaimed many Ages ago If Peace be so great a Blessing it will follow that War must be a very heavy Curse and so no doubt it is It carries all evils and all plagues in the Belly of it it extirpates Families destroys Nations and drains Provinces of both Men and Money it breaks up and dissolves Humane Societies and War a horrible Curse it tramples on all Laws both Divine and Humane except that of the longest Sword or it makes them run all after it like Lacqueys I believe if the Prophet Gad had spoke nothing of Pestilence but given David his choice of War or Famine the Psalmist had undoubtedly chosen the last as the less Plague For though all the three be from God for there is no evil in the City which is not from the Lord yet War is but mediately from God and immediately from Man And the King of Israel chose rather to fall into Gods hands than Mans. Besides both Pestilence and Famine have been and undoubtedly will be in the World without War but it is almost impossible that War can be of any continuance in a Land but it will draw after it both Pestilence and Famine as its inseparable concomitants Yet Companions of War this dreadful and devouring Plague of War is not only permitted but commanded by the Almighty to dwell among the Sons of Men. Gods own chosen people were by his own appointment afflicted by it and did also by that same authority afflict others with it Enmity and feud had its beginning in the World soon after its Creation not only between the seed of the Woman and the Serpent but between Man and Man yea Brother and Brother Cain and Abel neither doth it Private War matter much with what Weapon the one kill'd the other since experience teacheth us that man can be sent to his Grave a thousand ways without the help of a Sword This was a Private War which still continues and will lâ—st till time be no more between Man and Man and sometimes Family and Family A Publick War is twofold a Foreign and a Civil War Publick War The Foreign is of one or more Nations against one or more Nations if undertaken to encrease Dominion conquer or enslave others or yet to hinder the growth of a neighbour Potentate it is unjust Of the justifying causes of a Foreign War Authors are to be consulted that write purposely on Foreign War that subject particularly Hugo Grotius De jure Belli Pacis let it be enough to say in this place with Augustin that there can be no cause of a just War When just but an
them In that same place he tells us of the Conditions on which a Triumph was granted which were these He must have kill'd five thousand Enemies at least won much spoil and augmented the Roman Dominions and Estates Yet the same Livy tells us in his Fortieth Book that P. Cornelius and M. Babius Triumphed over the Ligurians who had yielded themselves without fighting so here was Triumph without bloodshed Triumphs were not granted to those who had prevail'd over a Roman Army this render'd Casar odious to the Populacy because he would needs Triumph for his Victory in Spain over young Pâ—mpey neither did that Invincible Captain out-live that Triumph six Months Ovations were granted to meaner persons and for lesser Victories he who Ovation entered ovant either went on foot or on Horseback but had not his Army to follow him he carried a branch of Mirtle in his hand and the people in their Acclamations cried Ohe or Oho and by this it would seem it was Ohatiâ— and not Ovatio some think it had its denomination above because the Victor Sacrificed a sheep The Prisoners were led before the Triumphant Chariot and so soon as it turned â—owards the Capitol they were taken to the place of execution anâ— put to death so you may be sure that all were not merry in that day of joy This certainly was a most barbarous and inhumane custom wherewith the Enemy of Mankind inspir'd that Warlike Nation Chains of Gold Chains of Gold were likewise given to deserving persons by most of the Ancients and were looked upon as rewards proper to Militaty persons as in some places they are used yet To him saith Polybius who first mounted to the Wall of an assaulted City was given a Crown of Gold as also to him who saved a Roman Citizen or Ally from being kill'd by an enemy upon whom the party who was saved was obliged to look as his Saviour and was compell'd to set the Crown on his head if he did not do it willingly The first Crown was called Corona Muralis or a Wall-Crown Mural Crown Citizen-Crown the second Corona Civica or the Citizen-Crown This is all that we have from Polybius of Rewards except that he tells us that those who received these gifts when they returned to Rome might make shew of them at solemn Games and Assemblies which indeed was no small honour for them since none were permitted to wear them but those who had deserved them and these badges of honour they had liberty to place at the posts of the doors of their houses or in the most conspicuous places of their dwellings to be seen by all who past by or came in to visit them In conspectissima adium parte saith our Author But I find in other stories that the Crown which was given to him who sav'd a Roman was of Oak it may be the Golden one was given to him who saved a Oakeâ— Crown Citizen without the death of the enemy and the Oaken Crown to him who both saved him and kill'd the enemy who had endanger'd the Roman A Crown of Gold was given to him who first entered the enemies Camp and was called Campal Crown Naval-Crown Corona Castrensis A Crown of Gold was given to him who in a Naval Battel first entered an enemies Ship and was called Corona Navalis A Crown of Gold was given to any Commander for doing any gallant piece of service An Olive-Crown Olive-Crown was given to him who carried himself eminently in Battel But the most honourable Crown of all was the Obsidional one which was given to him who Obsidional Crown succoured or relieved a besieged City Castle or Camp for if he who saved one Citizens life deserved a Crown much more he who saved a City wherein the lives of so many Citizens were concerned This Crown of relieving the besâ—eged was of grass or flowers because in these times it was a custom that these who were vanquished and reduced to obedience presented their Conquerours with grass herbs or flowers Neither do I think it was bad policy besides the humanity of it after the loss of a Battel or some other disaster to comfort the Soldiers by laying the blame on fortune some mistake or accident imputing no blame to the Soldiers thereby encouraging them to wipe away the stain of their mishap by some gallant and glorious atchievement This To comfort the Vanquish'd was excellently practised by Câ—sar after his Army was bafled at the storm of Pompeys Camp and to the proposal of rewards to those who fought well and comfort to those who were overcome doth Virgil allude in the fifth of his Aeneids Sic ait geminum pugnae proponit honorem Victori velatum auro vittisque juvencum Eâ—sâ—m atque insignem galeam solatia victo A Combats twofold prize he doth propone A Bull with gilded horns he gives to one To others he presents fair Helms and Swords And to the vanquish'd comfortable words Thus you see the Romans at best were severe enough in their punishments and in their rewards frugal many times exorbitant in the first and Parsimonioâ—s in the second yet as the Proverb goes Better half a loaf than no breâ—d Better small rewards than no rewards at all CHAP. XXV Polybius his Comparison of the Macedonian Phalanx and the Roman Legion review'd IT is a common saying he who wins plays best yet it is not universally true for very often the expertest Gamesters are losers and so we find in aâ— ages that great Captains and well train'd Armies have not always been victorious yet I am not of the opinion that the success of the Roman Armies under the Conduct of Flaminius and Aemilius against the two Macedoniâ—n Kings Philip and Perseus moved Polybius to give the Palm and Garland to the Legion when he compared it with the Phalange towards the end of the Seventeenth Book of his excellent History for to attribute either the justness of a cause or yet the good or bad order of an Army to contingent events were to Careat successibus optâ— Quisquis ab eventu facta notand◠〈…〉 stint the power of Heaven which both the Author and all Pagans then did acknowledg to be in their gods and leave nothing to that Eternal Providence which we adore by the direction whereof the actions of Mortals are govern'd and is in nothing more visible than in the successes and rouâ—â— of Arâ—â—es And therefore the Soveraign Lord of the World takes to himself the Title of Lord of Hosts the smallest and most inconsiderable accidents in War which are all appointed by the finger of the Almighty being able to produce most unexpected changes as Caesar well observed There hath been therefore other reasons that mov'd so rational and judicious an Author as Polybius was both famed and known to be to prefer the Legion to the Phalange other reasons I say than success and if I guess right at his meaning you may take them
learn'd and practis'd his Art of Souldiery so happily against the Enemies of Gods people for so Deodati interprets it that his Countrey-men by a solemn Embassie invited him to be their Captain General against the Ammonites which he accepted and wrought their deliverance Here have you a Souldier who knew no other Art or profession but that of Souldiery approved of by the Lord and elected by him and the people at Mispa to fight the Lords Battels against the Enemies of his people and this very Souldier is reckon'd among the elect and faithful by the Author of the Epistle to the Hebrews Chap. 2. v. 32. In the Gospel we read that the Souldiers ask'd the Baptist what they should do to he sav'd Be contented with your wages said he and do violence to no man Here he bids them not learn other trades and I am bound to believe that most of those who ask'd him the question if not all of them were Romans who knew no other livelihood but to be Souldiers and were then quarter'd in Judea to keep the Jews under the subjection of the Roman Emperours and whether this was a lawful employment or not shall be spoke to hereafter The Apostle Paul moves the question Who goes to War on his own charges meaning none is bound to do it Hence it will follow that a Souldier may serve for wages or if any will serve without wages as some Volunteers do it is not forbidden them however in these two places nothing being spoke against the profession of Souldiery I may safely conclude that the profession of a Souldier without any other trade is allow'd and authoriz'd by those two great Saints Our blessed Lord bore witness That the Centurion who said he was not worthy that our Saviour should come under his roof had more Faith than he had found in Israel and I make no doubt but if the profession of Souldiery had been unlawful he would have bid him learn some other Art wherewith to gain his livelihood The like may be said of that Centurion who sent to Joppa for St. Peter to come to Caesarea for we find not that the Apostle when he instructed that Captain and his Friends of the means of their Salvation gave him either advice or command to learn any other trade than that of Souldiery and it may not only be probably conjectured but asserted that these two Centurions had learn'd no other trade but that of Souldiery as much may be said of a third Centurion who confess'd our Saviour to be the Son of God even when he saw him suffer on the Cross as a Man who as Church Histories mention dyed a Martyr for the Christian Faith These of whom I speak who know no Art or way of livelihood but by the trade of Souldiery are ordinarily called Souldiers of Fortune though most of them might rather be call'd the Sons of Misfortune From what I have said this argument may be fram'd that That Profession Art or Trade that is neither directly indirectly or consequentially condemned by any Divine Law or Ordidinance mention'd in Holy Scripture is in it self lawful but the Profession or Art of Souldiery without any relation to any other Art is neither directly indirectly nor consequentially discharged in Scripture Ergo the profession of meer Souldiery is lawful If it be objected here That the Apostle writing to the Corinthians orders every man that would eat to work with his hands I answer first That the Corinthians being a people conquer'd by the Romans were not permitted to be Souldiers and next if the command be general for all Nations and in all Ages then Souldiers are included for they work with their hands and very oft a bloody work And if no Divine Law be against this profession as little can it be alledged That any positive Law of man hath forbid it and daily experience teaches us That all Princes and States make use of men who know no other trade but that of Souldiery which they could not do without sin if that profession were unlawful in it self Nay I have known the time thirty years ago when I serv'd in Germany That Princes and States though they bestow'd Levy-shoney very plentifully could not get half so many of that profession as they desired and at this very time when I write this those European Princes who are hot in War with others cannot get men enough of that trade and yet I shall easily grant they get more than they pay well But Hugh de Grot commonly call'd Grotius a very learned and grave Author Grotius's opinion examined towards the end of the Twenty fifth Chapter of his Second Book De fare Belli ac Pacis is a heavy Enemy to the trade of Souldiery for there he says Nullum vitae genus est improbius quam eorum qui sine causa respectu mercede conducti militant No kind of life says he is so godless as of those who without regard to the cause fight for wages and he subjoyns Et quibus ibifas ubi plurima merces And with whom it is a Rule That War is most lawful where greatest Pay is to be got For answer What if I grant all this it will make just nothing against my assertion The abuse of a thing cannot make the thing unlawful I shall confess it is so as he says with very many Souldiers who have another false Maxime which De Grot mentions not and that is It is all one with them whom they serve so they serve faithfully These are great faults in too many Souldiers but all Souldiers not being guilty of them all should not be charged with them nor should the profession suffer for the fault of some of its professors De Grot would have taken it unkindly if I should have argued thus with him No such a Godless kind of life as of those who without any regard to the justice of the cause embrace the quarrels though never so unjust of such Clients who are best able to reward them for though this be true enough in thesi yet Grotius would have thought that by such an expression I reflected on all Lawyers and Advocates and their profession too for it is certain that too many Lawyers do so which Grotius who profess'd Law knew but too well and perhaps practis'd it too much And as Grotius must confess that it is a sin in an Advocate to plead for a Fee in a Clients cause which he knows to be unjust so I shall acknowledge all Souldiers to be sinners who fight in a cause which they know to be unjust But I must tell you there is a great difference between Souldiers and Lawyers in this case for there be but few Advocates â—ho cannot discern between the justice and unjustice of the cause they undertake to defend whereas on the other hand there be but few and very few Souldiers who can discern between a just and an unjust cause for which they are to fight I knew a person abroad who
had either just title or claim While these two Brothers-in-law remained Friends Antony gave the Kingdom of Judea to Herod the Idumean in whose Reign our Blessed Lord was born Herod's Title was very weak for Antony himself had no just title to Judea and Qui non habet non potest dare He who hath not cannot give But Antony is beaten and kills himself and Augustus remains the sole Usurper of the whole Roman Empire He by his usurped power confirms Herod in a Kingdome to which neither the one nor the other had a just title Herod the Great dyes and his Son Archelaus by Augustus his permission succeeds who could have no better title than his graceless Father had upon his misdemeanours Augustus banishes him and reduces the Kingdom of Judea to a Province giving a Tetrarchy to Herod Antipas who beheaded the Baptist All this power did Augustus usurp the true Soveraignty of all these Countreys belonging not to him but to the Senate of Rome if it belong'd to the Romans at all Augustus dyes and leaves Tiberius his adopted Son to be Successor to his ill-got Empire Tiberius proves a Tyrant â—troque modo sine titulo exercitio He wanted a just claim because he who gave it him wanted one himself But Tiberius was wise enough to know that Quomodo aliquid acquiritur eodem modo tenetur By what means a thing is acquir'd by those same means it is kept And therefore what his Predecessor had gain'd with his Sword he resolves to maintain with the same and therefore kept Judea Garrison'd with Souldiers In the fifteenth year of his Cruel and Tyrannical Reign about the time that Jesus Christ began to Preach and manifested himself to be the Messiah did the Roman Souldiers ask the Baptist What they should do to be saved But he neither bid them forsake their trade of Souldiery or keeping it to learn another nor did he say to them That though their profession of Souldiery was lawful yet it was not lawful for them to serve in an unjust cause or under an Usurper and a Tyrant as Tiberius was And truly this passage is very observable for my purpose for if it had been told those Souldiers That they incurr'd the hazzard of eternal damnation by serving in an unjust War they should presently have laid down their Arms though the Tyrant should have put them all to death for it So it seems to me the Baptist thought invincible Ignorance excused them not knowing the cause to be unjust But assuredly if Tiberius had ask'd him the question What he should do Jâ—hn would have bid him resign the Government over to the Senate and be contented with his own proper goods and to do no more violence to any man I believe none will offer to justifie the Invasions and bloody Ambition of the Emperour Maximianus and yet the Thâ—ban Legion which was compos'd of Christians serv'd him faithfully in his Wars and refus'd none of his Commands except to Sacrifice to Idols and for that all of them receiv'd the Crown of Martyrdome either they thought it did not concern them to examine the cause or they thought it was just which was enough to save them from the injustice of it we may observe hâ—re That neither our Saviour the Baptist or any of their Apostles or Disciples ever seem'd to take notice of the Usurpation or Tyranny of either Augustus Tiberius Caligula Claudius Nero or Dâ—mitian in whose reign if I mistake not the longest liv'd Apostle dyed Our Saviour as Man not meddling with Secular Powers his Kingdome not being of this World both himself and his Apostles ever inculcating on all his followers and Disciples passive obedience to all Superiour Powers even without exception of Tyrants Tiberius his title to the Roman Empire was no better than that of his Predecessor who gave him both the Empire and Title but Augustus had no just title to that Soveraignty which he had usurped which is clear enough by the History and much more clear by a resolution he once took to restore the Supreme power to the Senate and the People but wavering in his thoughts being loth to wrong his Natural Conscience by keeping that which did not belong to him and as loth to make himself a Subject since he had been a Soveraign He call'd his two great Friends and Favourites Agrippa and Mecoenas to his Council protesting he would do in that business as they would advise him Agrippa in a long Speech counsell'd him to do Justice and resign his power but Mecoenas in as long an harangâ—e advis'd him to retain the Soveraignty for the good of the people preferring Monarchy to both Aâ—istoâ—racy and Democracy the last Speech fitting the ambition of Augustus prevail'd with him and made him adhere to his usurpation by which only he had power to devolve the Succession of the Empire to Tiberius Nor could this Tiberius pretend prescription for That as Lawyers say orders possession to be one hundred years old and all Augustus his Reign even from the first time of his Trinmvirate consisted but of fifty six years But I believe Lawyers say also That in Soveraignties there is no prescription of time but whenever the just owner can he may resume his power which the Roman Senate knew very well when Nerâ— fled out of the City and deserted the Government they made a Decree That the Monstrous Tyrâ—nt should be put to death mâ—re maj 〈…〉 that was to be well whipp'd and then have his Head cut off Now we must be very wary to aver That the Souldiers who were in Tiberius his pay serv'd in a just War because their Master was left Successor by Augustus his Testament and had the Empire confirm'd to him by the Votes of the Senate and People of Rome for if that made him a lawful Prince and his Wars just then the Armies which serv'd in Scotland England and Ireland under Richard Cromwel the pretended Protector of the three Nations serv'd in a just and lawful War and under a just and lawful Prince for Richard had the Protectorship and Soveraignty left him by his Father Oliver the Usurper and had the supreme power confirm'd to him by the greater the more visible and governing party of the three Kingdomes But as no honest person will aver this so the other of Teberius can be granted by no judicious man The Corollary of this discourse will be first That the profession of pure Souldiery though joyn'd with no other trade is lawful as also that a Souldier may serve in an unjust and unlawful War and under an unjust Master provided he think the Cause and the War just and lawful because his Ignorance may excuse him On the other hand I think if a Souldier know the cause to be unjust and the War not to be lawful nay if he doubt whether it be just and lawful or not if he continue to serve in it he sins heinously for qui dubitat damnabitur may hold true in this
case But De Grot in the same place formerly cited takes a liberty to himself to Grotius impertinent render the Profession the Trade or the Art of a Souldier not only impious but most contemptible detestable and despicable Let us hear him in his own language Parum quod suam vendunt necem says Grotius nisi aliâ—râ—m sâ—pe Innocentium vendâ—rent â—anto Carnifice detestabiliores quanto pâ—jus est sinâ— causâ quà m ex causa occidere Sicut Antisthâ—nes dicebat Carnificâ—s Tyrannis â—ssâ— Sanctiores quod illi Nocentes hi Innocentes interficerent It were no matter said he if Souldiers sold only their own lives or rather their own deaths but they sell also the lives of others and often of Innocents as much are they more detestable than a Hangman as it is worse to kill without a cause than with a cause Antisthenes said Hangmen were more religious than Tyrants because the first puts to death those who are guilty the last those who are innocent This language Monsieur de Grot is indeed severe enough but multa dicis pauca probaâ— Indeed I think few men would have fancied that such impertinencies could have dropp'd from the Pen of so learn'd and so wise a man as Grotius was esteem'd to be For first I shall answer That it belongs not to the profession of a Souldier either to sell his own life or the life of another much less to sell the life of an Innocent It is a Souldiers profession to hazzard his life not sell it in the Prince or States service with whom he has stipulated for wages and when he is commanded by his Superiours to fight he is oblig'd to do it as well as he can against all that are in Arms against him and if he kill any of them it is so far from being his fault that it is his duty it is their own fault that are kill'd who would by fighting defend an unjust cause for it must be observed that both parties think they have Justice on their side and yet but one of the parties hath it nor does a Souldier in heat of fight kill any innocent man because all his Enemies and all in Arms against him are represented to him as guilty and as such are seeking to take his life and Nature teacheth all men That it is better to kill than to be kill'd because of two evils the least evil it to be chosen It were to be wish'd that War might be ended and an Enemy overcome without killing for a bloodless Victory is the most honourable But if that cannot be done it is folly nay madness to say that Souldiers should not kill their Enemies I confess too many Souldiers are cruel in putting to death those whom they might spare as such who yield themselves Prisoners and yet this many times in the heat and ardour of Battel cannot be done without danger or old people Women Children in assaults and storms this is the Souldiers excess this is their fault this is their crime unless they be commanded to do it which seldome falls out but this should not reflect on the profession of Souldiery as Grotius makes it to do since by the Law of Arms such peoples lives should be spared the faults of some should not be imputed to all as Grotius does here and therein he is most unjust I ask If some Lawyers by collusion with the contrary party betray the cause of their Clients If some Physicians poyson their Patients and some Pastors of Churches by preaching Heresie and Schism kill their Flocks Must all Lawyers be called Knaves and Cheats all Physicians Poysoners and all Ministers of the Gospel Soul Murderers God forbid I confess when Souldiers kill without cause they are more detestable than Hangmen and deserve to be punish'd by the hands of Hangmen but Grotius was bound in reason to have limited his expression and not have extended it to all Souldiers as his words bear and herein he is not only malicious but ridiculous in supposing that Souldiers always kill without cause and never with cause for if this be true all War is unlawful which Grotius durst never mutter far less speak out for in a lawful War Souldiers kill with cause and when they do it without cause they are liable to punishment and censure This unlimited and general expression of Grotius renders Moses Joshuah and all those famous Israelites who destroy'd the Canaanites Saul Samuel and others who put the Amalekites to the Sword David and his Worthies who killed thousands and ten thousands of the uncircumcised and Joab who killed so many Isrrelites in Absalom's Rebellion and all those of the eleven Tribes who had well near extinguish'd the Tribe of Benjamin Grotius I say makes them all more detesâ—able than Hangmen And what is it to the purpose to tell us Antisthenes said That Tyrants are not so pious as Hangmen because the last puts only the guilty the first the innocent to death What hath that to do with the profession of a Souldier of which De Grot was speaking As sure as all Tyrants are not Souldiers as certain it is that all Souldiers are not Tyrants Besides this great man supposeth in his comparison that which is a manifest untruth That Hangmen put none to death but those who are guilty certainly Grotius did know that most if not all those Innocents against whom Tyrants have pronounced the Sentence of Death especially in the ten first Persecutions were executed by the hands of bloody and cruel Hang-men whom De Grot with a strange and odd kind of Charity prefers before Souldiers I doubt Grotius did not believe that the Hang-man that beheaded Oldenbernevelt at the Hague with whom Grotius was Socius Criminis struck off the Head of a guilty man for assuredly he thought him an Innocent I am afraid De Grot wrote this though it came not to light till six years after when he was Prisoner at Lovenstein beside Gorcum where he had conceiv'd a mortal hatred against Souldiers perhaps because they guarded him too severely His comparing Souldiers to Hangmen may have proceeded from the restless agitations of his troubled thoughts which may have continually represented to his fancy the Idaea or Image of one of those Officers of Justice who had cut off the Head of his Complice John Oldenbernevelt Advocate of Holland and would have done as much to another of his Complices Giles Leidenberg if he had not usurp'd the Hangmans Office and cut his own Throat it being most certain that Grotius himself might have run such a hazzard if his kind Wife had not got him carried away in a Coffer pretending it was full of Books and at that time sure he was oblig'd to Souldiers for neglecting to search the Coffer The same great man Grotius in the before-cited place goes further and Grotius uncharitable says Non est inter Artificia bellum imo res est tam horrenda ut eam nisi summa necessitas aut vera charitas honestam
â—fficere nequeat War says he is not to be reckon'd among Artifices nay it is so horrible a thing that nothing can make it honest but extreme necessity or true Charity Well I shall be content to take what he grants and that is That War sometimes is honest and if so I think he must grant that those who manage that honest War and those are Souldiers may be sometimes honest and therefore not more detestable than Hangmen Nor do I think any sober man endued with any reasonable proportion of solid Judgement though he had never heard of the name of Jesus Christ but will readily grant That War being the greatest scourge of mankind should not be begun till either our own extreme necessity or the Love and Charity we owe to our Neighbours force us to it and herein do all the Moral Philosophers and the wise Rulers of the Ancient Heathens fully agree with Christian Doctors But how shall that War which either extreme necessity on our own part or Charity on our Neighbours makes lawful be managed but by Souldiers And how can Souldiers obtain the Victory but by killing sometimes their Enemies And with what Credit nay with what Conscience or with what comfort can Souldiers kill their Enemies if the very killing them render Souldiers more detestable than Hangmen If Grotius had said That those Souldiers who kill'd impotent old Men Women and Children or Prisoners in cold blood as too many do are more detestable than Hangmen I should never have debated the matter with him no more than with reason he can contradict me if I say That those Advocates and Grotius was an Advocate who betray the causes of their Clients who take money and wages from both parties I add also Those who undertake the patrociny of a cause which themselves know to be unjust and illegal are more detestable than the worst of those who hang men on a Gallows But what this great and learned man means when he writes Non est inter Grotius unintelligible artificia Bellum I do not very well know if he means there are no artifices in War he makes a fool of himself for what shall then become of all those laudable and lawful Stratagems that are used in War which he himself in his Book De Jure Belli ac pacis both mentions and commends If he means War is not an Art he speaks palpably against Sense Reason and Experience for the management of War is an Art and as a most noble so a most necessary Art Machiavelli Recorder of Florence writes seven Books of the Art of War and yet in one of them denies War to be an Art All Tacticks write of the Art of War the way to handle Arms Sword Dagger Cannon Musket Pistol Pike Partizan or Halberd or in more ancient times before the Monk found out Gun-powder the way to handle the Roman Pila Javelines Darts Arrows Bows Slings Stones and other Missiles do all prove there is Art in War The ordering Souldiers in Files Ranks Troops Companies Squadrons Batallions Regiments and Brigades the marshalling and conduct of Armies fighting of Battels besieging and attacking Towns Castles and defending them do all bear witness that War is an Art and more than an ordinary one It cannot therefore be that so wise a man as Grotius could think that War is not an Art but positively to tell what he means by those words is not in my power and if others can tell no better than I we must be content to want the true sense of them till Grotius rise from the dead in the day of Judgement and then I suppose it will not be time to inquire after such follies Nicholas Machiavel in the Fourth Book of his Art of War if I remember Machiavelli answered right is yet more severe to profess'd Souldiers than Hugo Grotius for he says That no Prince or State should suffer those who profess to live by the Art of War to dwell under their Jurisdictions or in their Dominions This is bad enough but worse follows for he adds that no virtuous nor good man will profess Souldiery to be their livelihood or use War as an Art or Trade and those who do it says he must of necessity be false fraudulent treacherous and violent I have answered his Raveries in the first Chapter of my Military Essays of the Modern Art of War Here I shall only say That it were a disgrace for the Art of Souldiery to be commended by one whose Political Rules introduce Atheism Tyranny and Cruelty and who sets up Casar Borgia the Bastard of Pope Alexander the Sixth to be a Pattern for Princes than whom the Sun never look'd on a person more abandon'd to the contempt of a Deity guilty of Inhumanity Treachery Lechery and barbarous Cruelty Let either Christian or all Morally honest men judge whether this Author this Atheist this Machiavel should have been permitted to have liv'd within the Territories of either Christian Prince or State Those who condemn the Profession or Art of Souldiery smell rank of Anabaptism and Quakery both which Sects condemn all War as unlawful for I conceive those who grant War to be sometimes both lawful and necessary must of necessity grant that it is lawful for some to study the Art how to manage that War with the greatest advantage Those who are fittest to study it are those who have no other trade or livelihood for that is the mean to make them study it the more accurately and when they have attain'd to some perfection in it why they may not make a Profession of it and teach it to others for wages I know not Do not all professors of Divinity Medicine Philosophy teach others their Arts and Sciences for wages Yes assuredly and why should it be denied to a professed Souldier to teach his Art to others for wages Musamihi causas memora What I speak of teaching others I mean of all Military Officers who by their command and charges are oblig'd to teach their Art to those under their command and since Souldiery is a practical Art Souldiers of all kinds may serve in the Wars provided the cause seem just to them as well as Chirurgions may cure men for wages that are hurt or wounded in the Wars Histories tell us and our experience and sence teach us That Peace and War are alternative and there be but few Kingdoms in the World that have not felt the smart of War as long as they have enjoyed the fruits of Peace May not I then conclude That the Art of Souldiery and the Profession of it for wages is as lawful and as necessary too as the profession of any of those Arts or Sciences which can neither be conveniently taught or learn'd but in the time of Peace But to conclude I avouch that St. Paul's opinion concerning this question St. Paul's authority was the same with mine and I have reason to think That great Apostle's authority will weigh more with
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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