the first who have made use of it neither will we hinder it to be a perpetual Law to ages to come being assuredly confident said they that if you had that power over us that we probably may shortly have over you you would not fail to put this Law in execution against us So you see that both Cyrus and the Athenians thought Prisoners of War might be put to death if the Victor pleased not only by the Law of War but by the Law of both Nations and Nature Before I go further I shall premise one thing at which perhaps many of my own Profession scruple which is that notwithstanding any quarter granted in the field in time of Battel or skirmish or at the assaults of Towns or Castles How a General may use his Prisoners of War Jurâ— Bâ—llâ— he who commands in chief over the Victorious army may put all or any of the Prisoners to death that he pleaseth without doing any wrong to the Law of War because they had no quarter promised them by him either by word or in writing which we ordinarily call Parol What quarter is given by any Officer who is inferior for the time or by any Soldier is but till the General or Commander in chief judg of the Prisoners and then he may do with them as he pleaseth But observe on the other hand that though Jure Belli he may do so yet when he puts Prisoners to death in cold blood he may be justly branded with inhumanity and cruelty unless those Prisoners have been Traytors Rebels Runaways or Fugitives or that Quarter had been promised contrary to the express command of the General any of these alters the case Such was that act of Saul King of Israel who gave quarter to Agag contrary to the express command of the Lord of Hosts who had ordained him to die Let us take a short view how this perpetual Law whereof Cyrus and the Athenian Embassadors spoke was executed in ancient times and I believe we shall see that all Prisoners of War were either ransom'd exchang'd put to death or made slaves The Jews differ'd a little from other Nations in the matter of Jewish slaves Slavery for Deut. 23. they had a Political Law which order'd a refuge to their Slaves Slaves certainly who came to that calamity by none of their own fault and that is mostly to be understood of Captives of War Cyrus found the Law he spoke of practised against himself by Tomiris Queen of Scythia who put him to death in cold blood if the Historian tell us truth How the Assyrian Monarchs used their Prisoners though prophane story were silent the Sacred Writ would inform us by it we know how Tiglath Pilâ—ser took away the Ten Tribes of Israel and Nebuchadnezzâ—r the other two to Babylon and how this last put most of the Chiefs and Princes of the people to Death after How the Israelites used their Prisoners they were Prisoners and caused the Children of King Zedâ—kiah to be cut in pieces before his face that after having seen so sad a spectaâ—le he might have his eyes put out that so thereafter as Sir Walter Raleigâ— observes well he might never see any thing to comfort him The Captains of Gods chosen people of Israel and Judah thought not that their hands were bound up by any quaâ—â—er that was given by their inferiour Commanders and Souldiers but pass'd very ordinarily a Sentence of Death upon most of their Prisoners of War Joshua hang'd most of those Kings whom he took in the Land of Canaan Adonibeâ—â—k had his Thumbs and great Toes cut off for so he had used seventy two Kings before Zebah and Zalmunnah Kings of Midian after they had quarter given them were killed in cold blood by Gidâ—on perhaps by no other inspiration than that of Revenge because they had killed his Brethren And by the way I observe that the Israelites in their Civil Wars among themselves gave very bad quarter As for example after the rest of the Tribes had killed in one Battel eighteen thousand Benjamites they put five thousand of them to the Sword in the chace who no doubt called for quartor The Text saith they gleaned them that is killed them one by one in the way and after that two thousand of them were put to death at Gidoâ— who I make no question yielded themselves Prisoners How many thousand Ephraâ—â—â—tes were put to death by the Gileadites when they bâ—wrayed what they were by the wrong pronunciation of Sâ—bbâ—teth David King of Israels David very severe to his Prisoners not only â—â—aughtered those Ammonites whom he had taken Prisoners in the War but tortured them and put them to cruel deaâ—â—s Whether he did this â—or â—â—y other reason than to be revenged for the disgrace done to his Embassadours by Hâ—nan King of the A 〈…〉 it es I shall not offer to determine But â—ertainly the Prophet â—lisha gave a contrary advice to Jehorâ—â—â— King of Israel Elisha adviseth to give fair quarter who asking the man of God what he should do with those Syrians who were miraculously brought into Samâ—ria in these words Shall I smiâ—e them my Father shall I smiâ—e them Was answered Wiâ—â— thou smiâ—e those whom thou hast takâ—â— with thy Bow and thy Spear nay see Brâ—ad and Water before them and send thâ—â— back to their Master I confess this was very fair quarter but it was not to be imitated in all its points The obstinate keeping out of Towns Forts and Castles when there was An occasion of bad quarter neither hope nor probability of succours hath been often the reason why the Besieged after they have rendered have been â—â—tchered to death that is after they had yielded to the discretion of the Conquerour who having granted no Articles or Conditions may put them all to death without any stâ—â—â— of perfidy He may do it Jure bâ—lli but he may be taxed with severity if not cruelty for it yet generous Princes have practised it Titus a merciful Prince cast the Jews who were his Prisoners both men and women by hundreds to be torn and devoured by Wild Beâ—sts The Great Alexander caused some thousands of the Tirians to be Scourged and Crucified after they wore Prisoners because in defence of their City they had so long put a stop to the course of his Victories But I think he cannot be vindicated from extream inhumanity Inhumanity of Alexander used to the Noble Governour of Gaza who kept out that place couragiously against him till the never-failing Fortune of that daring Prince put the woful Governour into his hands whose Fâ—â—t he caused to be bored and through the holes he put Cords and tying these to Horse-tails in that manner caused him to be dragg'd about the City in imitation perhaps of what Homer saith Achilles of whom Alexander derived his Pâ—dâ—gree did to the dead body of the Valiant Hector The Veneti a people in Gâ—â—le were overcome by Câ—sar
a sight by Proclamation gave them three days to live before their death should be resolved on by him But in vain for an of them dispatched themselves excepâ— such as were by force bonds and chains compelled to live You may read their lamentable Tragedy in Polyâ—â—â— his sixteenth Book and in the thirty first of Titus Livius Nor did the Romans in their Civil Wars give better quarter one to another Romans cruel to Prisoners in their Civil Wars except Câ—sar than they did to strangers Pâ—â—â—â—ius killed those Souldiers of Câ—sar's whom he found in his Camp though Câ—sar spared those of Peâ—â—eiâ—s and sent them back to him Sciplâ— Pompey's Father-in-law put aâ— those of Câ—sar's party to death whom he took Prisoners Syâ—â—â— after all his Victories very cruelly put eight thousand Romans to the Sword in the great hostelery near the City after they had yielded to his Mercy Nor did Aâ—gustus keep himself within the limits of Mercy when he thought it fit at one time to sacrifice three hundred Roman Knights to appease the incensed Ghost of his Great Unkle Julius Câ—sar But it may be said these had that pretence which all Civil War carries along with it and that is that all who oppose either of the two parties are Rebels to the State whether the party be for the lawful and supreme authority or against it And therefore to say no more of their Civil Wars I find them extream cruel in their Wars with Hannibal to their own Souldiers which that great Carthaginian had taken Prisoners Fabiâ—s the Dictator who saved the Roman State made an agreement with Hannibal for the exchange and ransome of Prisoners of a like quality and for every one of those who after the exchange was made were superâ—umerary they were to pay â—eaâ— eight pounds Sterling At one exchange there were two hundred â—orty seven more Romans than Carthaginians Hannibal demands their ransome Fabius sent to Roman â—enates Avarice the Senate for it who basely refused the money and disowned the agreement what could the good old man Fabius do but send his Son to Rome and sell a part of his Patrimony and pay the money to Hannibal which was near two thousand pound Sterling a vast summ in those days But they dealt worse with those of their own men who were taken Prisoners at Cannae whom they It s Cruelty and Injustice would neither ransome out of the publick Pâ—rse nor suffer the Prisoners themselves or their Friends to ransome out of their private fortunes and estates And though the Senate flattered themselves by calling this act of their own Magâ—animous yet since there was no Justice in it it could carry no generosity along with it for if these Captive Romans misbehaved themselves in the Battel the Senate was bouâ—d in honour to ransome them and punish them themselves and not suffer them to rot in prison with their capital Enemy Assuredly this Action wanted for neither Avarice nor Cruelty for strange it was thus to punish common Souldiers and yet to send out some principal Senators to meet and complement their hair-brain'd Conful Teremiâ—â— Vaâ—â— and thank him that he had not despaired of the Common-wealth and yet by his obstinate and inexcusable folly he had brought the Common-wealth to the very brink of Destruction And why might not Hannibal have used these Roman Prisonerâ— as Livy in his seventh Book tells us the Romans used some thousands of the Tarquinian Prisoners A mercâ—â—ess act of the Romans yet not unjust of whom they chose 358 of the prime Noblemen and Gentlemen all these they first whipped well with Rods and then struck off their Heads in the great Market-place of Rome and presently after put all the rest of the Prisoners to the Sword in cold blood Though this was a very merciless act yet by the law of War they might do it and so might Hannibal have done to their Prisoners and truly I do not see how he could be obliged to â—eed those whom their own Masters would not ransome Let us hear what opinion Polybâ—â—s had of Prisoners of War who was a grave Polybius his opinion how Prisoners of War may be used Historian a great States-man and a good Captain In his second Book speaking of Aristomachuâ— who being a Prisoner of War was tortured to death He saith on that subject that neither Antigonâ—â— King of Macedon nor Aratus Praetor of the Achâ—ans could be called cruel for putting a Captive to death with torments for though Aristomachus had not deserved that usage otherwise yet they might have done all to him that was donâ— â—ure Belli for the Law of Nations and War give the Conquerour power to use his Prisoners at his pleasure And the same Author speaking of the Mantimans who were justly punished for their abominable perfidy and ingratitude in slaughtering those Achaans who were sent to preserve them he saith expressly That though they had committed no such wickedness nor any other crime at all yet the Victor in War Jure Belli might have either kill'd them their Wives and Children or sold them for Slaves at his pleasure Thus far he But this power of Victorious Princes or Generals over the Goods Persons and Lives of their Prisoners is limited and restrained by Treaties Parleys Treaties Capitulations and Articles to the strict observance whereof simply and without fraud or ambiguity all men of what Station Rank or Quality whatsoever or of what Religion or Perswasion soever be he Jew or Gâ—mile Grâ—cian or Barbarian Christian or Mahometan are tyed because Faith and Promises Articles and Promises should be faithfully kepâ— No Enemy to be trusted in time of Treaty are the Sacred and Indissoluble Bonds which maintain Humane Society and whosoever breaks them on any pretence should be look'd on as a Monster and not as a Man In the time of Treaty both parties who treat ought to be careful that a Cessation of Arms be agreed on and sign'd by the Commanders in Chief of both Forces whether it be in Field Town Castle or Garrison and not only so but they ought to be on their guard for fear of â—oul play or some unexpected rupture of the Treaty For both in Ancient and Modern times Cities and Forts have been surpriz'd when those within thought themselves secure by a Treaty and Cessation as Histories of all ages bear witness And many times these Surprizes have been made without either the consent or connivence of either the Commander in chief or his Subordinate Officers meerly by the common Souldiers who frequently think themselves defrauded by Treaties of that which they conceive is the price of their Sweat and Blood to wit the spoil and booty of the place besieged or of the persons of those almost beaten and overcome in the Field Nor should any Treaty give the least interruption to the constant keeping of strict Guards and careful Watches nor should those who treat have liberty to view Guards Camps Magazines
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
another place of the Military Punishments and Rewards of the Ancients I have likewise spoke of our Modern Military Laws where observe that most of them threaten Punishment few or none promise Reward the first is due to Transgressors the second is ex beneplacito because all men are bound to do their duty yet Princes and States have rewarded Vertue of late times as well as the Ancients did I shall speak of Punishments and then of Rewards Though Princes and States have their several Laws of War yet all agree Punishment of Capital crimes Treason that Treason against the Prince in betraying either his Forts Forces or Munitions should be punish'd with an ignominious Death but the crime should be throughly examin'd by the Judge Marshal and Court of War whereof I have formerly spoke Mutiny against Command or Superiour Mutiny Officers is punishable by Death If it cannot be compesc'd without force either all or most of the Army are to be call'd together to cut the Mutineers in pieces But if a Mutiny be quieted without blood in doing whereof both Courage and Prudence are requisite then ordinarily the ring-leaders are to dye and the rest are eitheir all pardon'd or all to run the Gatloupe or the tenth man of them is to suffer death which custome is borrow'd from the Ancient Romans If Officers run away from the Mutineers and leave them mutinying the Law of War orders them to dye unless they can make it appear that either they had kill'd some of the Mutineers or had been wounded themselves by them But it is not to be denied that too many of them are more ready to give a rise and beginning to a Mutiny than to put an end to it The Death of a Mutineer should be ignominious and therefore it should be hanging or breaking on a Wheel All crimes that are Capital by the Civil Law Many more are so also by Martial Law as Wilful Murther Robbery Theft Incest Sodomy and others needless to be rehears'd But Martial Law makes many crimes Capital which the Civil and Municipal Law doth not Such are to desert the Colours to Sleep on Sentinel to be drunk on a Watch to draw a Sword or strike at a Superiour many times these are pardon'd and very oft they are punish'd with Death when a General thinks Justice more convenient than Mercy To be absent from a Watch by some Military Laws is Capital but seldome put in execution Yet I find in the Reign of Henry the Second of France that one Granvillâ—n a German Severe Justice Colonel in a Court of War condemn'd an Ensign bearer to be hang'd for playing at Dice in his Lodging when the Company was on Watch and he put the Sentence in execution The crime of Cowardize is by the Law of â—aâ— Cowardise Capital but should be well examin'd by the Auditor and the matter made clear in a Court of War before Sentence be past because it and Treason taints the Blood of the parties To run away in time of service either in the Field or from the Assaults of Towns Forts and Out-works brings Death upon the guilty or that which to generous Spirits is worse than death that is to have their Swords broke over their Heads by the hand of the Hangman and so turn'd out of the Army and this I have known more frequently practis'd than death inflicted but the Instances I could give are too fresh and therefore I shall tell you only of one about a hundred years ago At the Siege of Dinan Gaspar Coligni that famous Admiral of France commanded some Ensign-bearers to run with their Colours to the Assault of the breach they did not go pretending the place was too dangerous for the Kings Colours for they might chance to be taken by the Enemy for which the Admiral caus'd all their Swords to be broke over their Heads by a Hang-man in view An ignominious punishment of his whole Army It will be about two or three and thirty years since Leopold Arch-Duke of Austria and his Lieutenant General Piccolomini caused a Regiment of Horse to be cut in pieces and all the Officers to be hanged in the place where-ever they could be apprehended without any Process or Sentence of a Court of War because it was well known that the whole Regiment had run An exemplary and deserved punishment away in a full body without fighting at the second Battel of Leipsick where the Suedish Felt-marshal Torstenson gain'd the Victory over the Imperialists I have spoke in the last Chapter of the punishment due to those Governours who give over Forts sooner than they need and gave you some instances but now I shall tell you that by some Articles of War the whole Garrison is lyable to punishment which is to be Pioneers to the rest of the Army I dare say A severe Law nothing against the Justice of this Law but I think if the Garrison disobey the Governour and do not march out at his command he pretending the Prince or Generals order for what he does all of it may undergo the censure and punishment of Mutiny But many Laws are made ad terrorem which do but little good I think the Turkish Punishments not imitable by those who profess the name Inhumane punishments of Christ such as are roasting at slow fires flaying quick and gaunching the manner of this last is to throw the condemned person from the top of a Tower or a high Wall the place where he is to fall being all beset with Iron pricks and the wretch is happy if his Head Breast or Belly fall on one of them for thereby he may be soon dispatched but if a Leg Arm or Thigh catch hold he must hang till extremity of pain hunger thirst and the fowls of the air put an end to his miserable life The Muscovites for a Military Punishment can whip to death and that is cruel enough They and other Christians can impale condemned persons on wooden Stakes and Spits which in some extraordinary cases is also practised in Germany and I have heard that Hang-men can so artificially do it that the woful Delinquent will sometimes live three days in unspeakable torture When Mahomet the Great saw a Valley in Valachia beset with these Stakes and Wheels on which some thousands of Men and Women lay executed it is said that he much commended the Vayvod or Prince of that Countrey for a good Justitiary so near did the one of their tempers both barbarous and cruel resemble the other The fairest and justest way of Punishment is by Courts of War if the case do not require a present animadversion And that Court is to judge and give Sentence according to the Military Laws of the Prince or State in whose service the Army is When the Sentence is pronounced the General may either Generals may pardon pardon the offender or delay the execution or alter the manner of his death The most honourable
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
suitable to so many Guns The Author tells us that King Henry view'd this mighty Army of his near the City of Metz where he saith it was drawn up in Battalia but he forgot A great oversight to inform us here of two very considerable points the one of what altitude or depth both the Foot and Horse were the second what distances were kept or order'd to be kept between the several Files and Ranks both of Horse and Foot and how great the Intervals were between the several Batallions and Bodies as well of the Cavalry as the Infantry for thereby we should have been able not only to have made a probable conjecture but determinately to have known how much ground the whole Army took up in longitude but there are others who are guilty of this neglect as well as this Author of ours who hath fail'd in this With these indeed formidable Forces did the French King intend to defie and fight within the Bowels of the German Empire Charles the Fifth a greater and braver Prince than whom though he had not been elected Emperour of the Romans either for propriety and large extent of Patrimonial Dominions or for personal Courage and Prudence the Western World had not seen since the time of Charles the Great But whilest this Magnanimous King is viewing and exceedingly pleasing himself Henry views his army with the sight of his gallant Army a beggarly and contemptible crew of some Souldiers some Soujats and Grooms and some Countrey Clowns in sight of this great Prince his Nobility in splendid equipage and of his whole Batallions charg'd those who were appointed to guard the Baggage and in spite of the King then in his greatest strength carried a rich and considerable And receives an affront booty into Theonville an Imperial Garrison not far from the place Nor was this affront done so publickly to so powerful an Army at all reveng'd only some Light Horse were sent before the Town to vapour and brave the Imperialists who fail'd not to sally out and skirmish with the French from which bickering neither party carried away any thing but blows And at length Henry's great preparations came to nothing for the two German Princes having not without some stain to their Honour made their Peace with the Emperour without the French Kings privity he was glad to return and defend his own Territories against Charles who was horribly incens'd against him for offering to assist his Rebels for so he call'd those Electors against his Lawful Authority As this French Army which I think so much represented the Phalange Conclusion vanish'd so the Macedonian Phalanx it self on which Aelian bestows the Titles and Epithets of Invincible Inexpugnable and Irresistable after it had in Philips and his Son Alexanders time given the Law to the Eastern World and after their deaths had been kept up by Alexanders Successors and Great Captains the space of one hundred and sixty years yielded to fate and was brought to nothing in Perseus his time and Macedon it self reduced to a Province by the Romans of whose Legions Art and Order of War we are in the next place to take a view PALLAS ARMATA Military Essays ON THE ANCIENT ROMAN ART of WAR BOOK II. CHAP. I. Of the Ancient Roman Government and Militia in General THE hand of Heaven which cast the Empire of the best part of the known World into the lap of the Romans was the more visible in that before they came to any great progress of Conquest and after too their State was Inward Diseases of the Roman State obnoxious to those difficulties which might have render'd it not only incapable to overcome its Enemies but subject to be a prey to any of its Neighbours And of these any who have perus'd their Histories may if they please with me observe them which follow First Their frequent change of Government as from Kings to Consulâ— First then to Consuls joyn'd with Tribunes of the People from these to a Decemvirate from that to Military Tribunes invested with Consular Authority from them to Consuls again from these to a Triumvirate and from that to Emperours Secondly The almost continual â—arrs and debates between the Senate and Second the People not only concerning the â—ex 〈…〉 and division of Lands but even about the Supreme Power of the Governament it self in which the Commons ever gain'd ground and at the long-run obtain'd the principal points and marks of the Soveraignty those were the 〈…〉 of Magistrates yea of the Consuls making and repeating Laws power of Life and Death and the last Appeal Thirdly The constantly Seditious Orations and Practices of the Tribunes Third of the People whereby they publickly obstructed many times the Levies of Souldiers and the pursuance of many Victories gain'd against their Neighbours Whilest the State was yet in its Infancy all those alterations and contentions proceeding from an inward disease of State could not choose but exceedingly weaken it in the undertaking any great action abroad But Fourthly Their Cruelty and Ingratitude to their own Citizens and Captains Fourth who had done them the best and greatest services some whereof I shall instance in in another place few of them all escaping a severe censure enough to withdraw any generous Spirit from a desire to serve them Fifthly Their frequent making Dictators almost upon every sudden apprehension Fifth of fear or supposed danger an Office so unlimited having power to do and command what they pleas'd without comptrol appeal or â—ear to be question'd after their time expired that it is a wonder none of them prevented Julius Câ—sar in usurping the Soveraignty Sixthly Their making two Consuls of equal authority the very fuel of discord Sixth at home and of most dangerous consequence abroad when a powerful Enemy necessitated them to joyn their Forces Take some Instances In one of the Wars against the Volscians Lucius Furius was joyn'd in equal Command with Marcus Furius Camillus that famous Roman who freed his Countrey from the Invasion of the Gauls in this War young Lucius would needs fight sore against old Camillus his advice and well beaten â—e was and had been utterly routed if the old man had not waited hiâ— opportunity and come to his rescue with the Triariâ— Fabius the Dictator nick-nam'd the Cunctator had Minutius joyn'd in equal command with him who would needs with the half of the Army fight Hanâ—â—bal whether the Dictator would or not The Carthaginian beats him and had made an end of him and perhaps of the War too if old Fabius had not parted the fray But the Romans escap'd not so easily at Cannae for there Terentius Varro in spite of his Colleague Paulus Aemilius fought with the same Hannibal where both of them receiv'd such an overthrow that if he who gave it them had follow'd Maharbal's advice and immediately marched he might in all probability have din'd the fifth day after in the Capitol and for
speed and endeavouring to punish the Mutiniers is himself ston'd to death by them nor was this highest insolence and baseness ever punish'd as both in Justice and Honour it should have been Sulpitius a Dictator thinking to use the Fabian Against Sulpâ—tius way and protract the War against the Gauls is forc'd by his Mutinous Army to fight nor did he ever punish any of the Mutiniers perhaps because he was successful in beating the Enemy yet did not this savour so much of that Roman severity for which they desir'd to be so much cryed up At Capua before Hannibal entred Italy some Roman Legions hatched a dreadful and monstrous Mutiny which portended no less than the ruine and dissolution of the State it self they came to a head at Lentulâ— fortified their Camp and Against the Common-wealth took Titus Quintius who had been a Military Tribune out of his Countrey-House and forced him to be their General Neither was this most dangerous Mutiny appeased by the Authority of either the Senate or the Dictator Valerius but to the advantage of the Mutiniers in so far that the Horse-mens pay was diminished at the instance of the Mutiniers who were all of the infantry and all because the Horse had refused to joyn with the Foot in that detestable design of ruining the Common-wealth So you see the custome of punishing honest men and rewarding knaves is not of a new date Great Scipio the African a person of great authority if ever Rome bred any being Against Scipio the African in Spain eight thousand of his Army lay at a place called Sucro a great way from him they Mutiny chase away their Tribunes and choose Captains of their own before two of whom were carried Axes and bundles of Rods the badges of Soveraign power Scipio by policy and good words making fair weather with them brought them to the rest of the Army and then suddenly laid hold upon thirty five of the Ring-leaders these he whips and beheads the rest he pardons The same Scipio had a Legat one Pleminius who lay at Lâ—ori in Italy his Souldiers and those of some other Tribunes go Against Plâ—minius together by the ears Pleminius composeth the matter but because the Tribunes had not done their duty in parting the fray he will have them whipp'd with Rods their Souldiers Mutiny beat Pleminius and cut off his Nose Scipio hearing of the disorder hastens thither acquits his Legat as having done his duty and for satisfaction to his Noseless face orders the Tribunes to be sent in Fetters to Rome there to receive their punishment and so goes away But when Pleminius put his hand to his Face and missed his Nose he could not be satisfied with the Consuls arbitration and therefore resolved to cut out his own Revenge which he performed with a very bloody Knife for he put all the Tribunes to death with most exquisite torments Let those Modern Writers who so much cry up the Ancient Roman Discipline Not so great disorders in the Modern Wars of War and which of them all doth it not and complain of the slackness of the Modern one tell me of greater Insolencies Mutinies or Contempt of Authority in any age since the decadency of the Roman Empire than these I have mentioned all or most whereof fell out when the Military Laws of Rome were thought to be most strictly observed nor can it be said that the Ancient Discipline was worn out for at the latest of these Mutinies at Locri the Romans were but young Lords being Masters of little more than the half of Italy in one of the best corners whereof Hannibal their sworn Enemy made yet his abode and would have done so longer if his unhappy Countrey-men had not first withdrawn their assistance from him and at length called him home to Africk to support their now decaying and tottering State Notwithstanding all these inward Maladies enough to have consumed the vitals of any State the Romans in time prevailed over all those with whom they made either a just or an unjust War for as the all-powerful God had pre-ordained them to be a mighty people so he had qualified them with parts abilities and endowments to attain to that greatness These were True Fortitude Prudence Abstinence Temperance Equity either real or Roman Vertues pretended Patience with an admirable Toleration of all manner of wants and difficulties inuring their Souldiers to all manner of toyl and fatigue and above all with Magnanimity as never succumbing or yielding to adversity but in their greatest affliction and lowest condition shewing greatest Courage and Confidence which those Senators well witness'd who would needs dye in their Robes with the Ensigns of Majesty when the Gauls had taken and burnt their City And after their total rout at Cannae when Hannibal sent Embassadours with overtures of Peace to them they sent out and discharg'd his Messengers to approach the City And after that when that Great Captain came a little too late indeed and sac'd their City with his Victorious Army they sold that piece of ground on which his Pavilion was erected publickly by the Drum at an over-rate and to shew him that this was not a rant one of their Consuls offer'd him Battel two several days but that great hazzard was hinder'd by fearful Tempâ—sts from Heaven With these and other abilities were the famous Romans fitted for the performance of that which the Almighty had order'd for them and that was to over-master the most part of the then known World and to govern and rule all other Nations with a Rod of Iron They who desire to know perfectly the Ancient Roman Ordinances and Constitutions Most of the Roman Tacticks lost of War have reason to wish that those Authors mention'd by Vegetius were yet extant which were the Treatises of the Emperours Augustus Adrian and Trajan but most of all that of Marcus Porcius Cato who was not only a great Senator and an eloquent States-man but an excellent Captain whereof bear witness his prudent Conduct of Armies his Victories and his Triumphs all yet on Record And yet he professed that he thought he had done the Roman Republick the greatest service in preserving their Military Art from Oblivion and transmitting it to posterity by his Writings There is no question but that Treatise of his if it had not been lost had clear'd us of many of those doubts and difficulties which none that are extant do or ever will do All that is left to give us a glimpse of light in the Roman Art of War are some fragments of Polybius and a Book of Flavius Renatus Vegetius De re Militari Both of them Noble Authors and eminent persons in their several times For the last he is so much cry'd up by most and thought to be understood by all that I do confess it must be my dulness that makes me not understand him in many places wherein I think Vegetius his Defects him so obscure
second Circâ—or in the second Vigil and so by the other two in the third and fourth Vigils hence you may see that every Soldier of the Quaternion had a Tâ—ssâ—ra otherwise the four Circitors could not have brought back each of them one If the Round â—ound a Centinel asleep he did not demand the Tessera from him nor did at waken him but requir'd the other three to be witnesses of the misdâ—â—anor and these three for honour sake convoy'd the Circitâ—r or Round to the next Guard Why the three men who were awake A Centinel found asleep should have left their Post to be kepâ— by a sleeping man only to complement a Round let the admirers of Antiquity tell I cannot Yet I believe the Rounds found but few sleeping for they had fires allow'd them by the light whereof they might discern both an enemy and a Round and one Guard was almost constantly calling to another to keep them awake besides it is not likely that all the other three of the Quaternion were asleep and if any one of them were awake it is not probable he would suffer his fellow Centinel to be taken sleeping And in process of time they follow'd the example of the Grecians and used Bells by which one Guard corresponded and answer'd another for Polybius tells us that of all Nations the Romans were the aptest to learn and imitate the commendable customs of others Next morning very betimes the Rounders went and gave the Tribunes an account of their diligence and where they found a Tessera wanting either by the sleep negligence or desertion of any of the Guards or Centinels the Delinquent if apprehended was punished by the Grievously punished Fustuarium the manner whereof you may learn in the next Chapter save one After the Roman Guards were set at night it was not lawful for any man to go out of his quarters Aeneas will have it that the Grecian Rounds went but from one Guard to another Grecian Rounds and not round the whole Town Fort or Camp for that says he keeps many Rounds going together without confusion He would have all Rounds or Circitors to ride where Horses might conveniently be had but no Round either to go or ride till he were commanded so to do by his Superior either by word of mouth or some sign suppose a fire or a Lanthorn He will have all his Rounds to give the word to the Guards and not to receive it from them as the Romans did their Tessera which indeed seems to be the surer way but his Rounds he permits not to give the Watch-word till the Guards require it And in time of danger he will have the Guards when they require the word from the Rounds if it be in the night-time to utter some words or sounds such as have been order'd by the General or Governour of the place and the Rounds besides the giving the Watch word to utter such counterâ—ounds as have been agreed on But if it be in the day-time observe by this that Rounds rode in the day at least in the morning then the Guards when they asked the word were to give signs and the Rounds counter signs such as were condescended on by him who commanded in chief on the place As suppose when one of the Guards required the word from the Round he would put his Hat or his Head-piece on his face breast or belly and upon that sign the Round was to advance or order his Lance or Spear as a counter-sign CHAP. XXIII Of Prisoners of War of Parleys Treaties and Articles SIN brought War into the World and though we do not read of any publick War before the Deluge yet Moses tells us of a private one between the two Brothers Cain and Abel which ended with the death of the righteous one In all publick Wars that ever were Prisoners have been taken over whom the Victor always assum'd to himself power of life and death And I believe for Reason why Prisoners are taken in War most part the lives of Prisoners were saved not so much out of pity and compassion as out of interest thereby to draw advantages either by exchanging them for others who had fallen into that same misery or by ransoming them for money or to make profit of them by Drudgery and Slavery And though we read not in the History of Moses and I conceive it is not only the truest but the oldest in the world of any Prisoners of War taken before Lâ—â— was taken by Amraphel and Chadâ—rlaomer yet I cannot imagin but Nimrod and his Successors though bloody enough spared the lives of many whom they made Prisoners in those Wars which they waged against their neighbours for I suppose Conquest was the best title they could pretend to â—or their Soveraignty witness these words in the 14 of Genesis Twelve years they served Chaderlaoâ—er and in the thirteenth they rebelled Sure then before these twelve years they were free people and that which made them Vassals was the longest and sharpest sword And when Abraham rescued Lot and his goods the women also and the people there is no doubt but he took some Prisoners of Chaderlaomer his party which he had beaten else the King of Sodom had not said to him Give me the persons and take the goods to thy self The Law of Nations is that which all or most Nations agree in either by a The condition of Prisoners of War mutual declared or yet by a tacite assent And therefore we may truly say that by the Law of Nations before Christianity shone over the World Prisoners of War might be used as the Victor pleased that is either made slaves or put to death In this Discourse I shall only speak how the Ancients used their Prisoners and of their Parleys Treaties and Articles before the Promulgation of the Gospel reserving the Discourse of Christian Prisoners till towards the end of my Essays of the Modern Art of War We are told by Xenophon that after the Great Cyrus had taken Babylon he told his Captains that it was a perpetual Law through the whole World that Cyrus his sense of Prisoners those who stood out in arms till they were overcome might be disposed of either as to their estates and goods or their lives and persons at the Victors pleasure And if you will consider all the Wars that were managed either before or after his time you will find he spoke truth for if it was not a perpetual Law it was a perpetual custom to do all that he said This speech of his was confirmed by the Athenian Embassadors whom Thucydides introduceth telling the Inhabitants of Melus whom they had besieged both by Sea and Land That Nature her self had put a necessity on all Conquerours and Victors in War to have the absolute dominion and power over those who were vanquished The Atâ—enians to be disposed of as the Victors pleased which Law said they we did not make nor are we
First strict Laws are made for the observance of Religious Duties a submission For Religion to Church-Discipline and a due respect to be given to all Ecclesiastical persons against Atheism Blasphemy Perjury and the prophanation of the name of God Secondly for the maintenance of the Majesty and Authority For Loyalty of the Prince or State in whose service the Army is that nothing be done or spoke to the disparagement of himself his Government his Undertakings or the Justice of any of his actions under all highest pains Thirdly for honour respect and obedience to be given to all superior Commanders from the highest For Obedience to the lowest of them and none of their Commands are to be disputed much less are they themselves to be affronted either by gestures words or actions But this is to be understood that the command be not diametrically contrary and prejudicial to the Prince his service but indeed such commands would be so clear that they need no canvasing otherwise any disobedience opens a door to resistance that ushereth in sedition which often is supported by open rebellion To clear which suppose what frequently falls out that the Governour of a well fortified and a well provided place offers to deliver Disobedience to unlawful Commands lawful it up to an enemy without opposition those under him may resist so unjust and so base a command and they not only may but ought to resist him for the disobedience in such a case of the subaltern Officers and Soldiers is a piece of excellent service done to their Master and if they do it not they are lyable to those Laws of War which for giving over a Fort in that fashion sentences the Governour to an Ignominious death the inferiour Commanders to be shamefully casheer'd and the common Soldiers to be disarm'd and made serve as Pioneers to the Army which were acts of great injustice if Inferiors were bound to give a blind obedience to all the Commands of their Superiors whatever they be without exception And such a case it is when an Officer commands those under him to desert their Post whether that be in Town Camp Leaguer or Field and go over with him to the Enemy If they do so and are ever retaken he is punisht for his treachery and they for their obedience to so illegal a command Fourthly Articles of War are made for due and strict keeping of Guards For keeping strict Guards and Watches and Watches and here as in many other points observe the severity of Military Law for he who after tap-too dischargeth any Hand gun be it Pistol Musket Fusee or Carrabine unless against an enemy or he who sleeps on his Centinel or deserts it or he who is drunk on his Watch are all to die these be crimes which the Municipal Laws of most Nations do not punish with death yet in the Laws of War this severity is thought no more than necessary Fifthly Laws are made against those who stay behind or straggle in ordinary Against straglers or extraordinary Marches Sixthly Against Fugitives and Runnaways either such as leave their Colours Against Runnaways when they are in Garrisons or Quarters and desert the Service under any pretence without a Pass or such as run away from their Colours or their Officers in the field in time of Skirmish or Battel or such who in storms and assaults desert their Posts till either they are wounded or have made use of their Swords all these are lyable to death and those who wound or kill any of them in their flight in their going or running away are not to be accountable for it Seventhly Against those who make any Treaty or agreement in the field Against Treaties with an Enemy with an enemy without the command or consent of him who commands in chief And here again observe another case wherein Inferiors are to refuse obedience the Military Law condemns a Colonel for such a Treaty and every tenth Soldier of his Regiment to die with him for giving obedience to so unjust a command Eighthly Against those who surrender fortified places unless extream necessity Against needless Surrender of Forts and several other crimes require it of which I shall speak in a more proper place Ninthly Against those who mutiny burn houses without the Generals command commit robbery murther theft or violence to those who have the Generals safeguards and against those who keep private correspondence unless order'd to do it by the General all these crimes by most Military Laws are punisht with death Tenthly Against private Combats or Duels the Combatants and Against Duels their Seconds are to die and if superior Officers knew of the Combat and did not hinder it they are to be casheer'd with Ignominy a necessary Law enough yet seldom put in execution Eleventhly Against those who sell play or pawn or change their Arms Against sellers or pawners of Arms. either defensive or offensive whether he be a Horseman or a Foot-Soldier he who doth any of these is not only punishable but likewise he who bought won or took them in pawn Twelfthly Against false Musters whether it be of Men Horses Arms Against false Musters Saddles or other Furniture by these Articles not only those who make the false Muster but all those who help to make it are punishable Thirteenthly Against those who detain the pay of either Horsemen or Against those who detain the Princes Pay Foot-Soldiers any Officer guilty of this deserves to die Neither if an Officer have lent money to a Soldier may he pay himself or retain in his hand what he pleaseth but must give him as much of his pay as can entertain him to do his Masters service Fourteenthly Against those Officers whatsoever they be except the General Against those who give Passes who give Passes The Swedish Articles order a Colonel who presumes to give a Pass to lose his life and to lose his charge if he permit any under his command to go home without the Felt-marshals knowledg Other abominable crimes such as Adultery Incest Sodomy Beastiality Greater Crimes Parricide are examin'd try'd and punisht according to the Municipal Laws of the Prince or State who is Master of the Army And many smaller Smaller faults faults are left to the cognizance discretion and arbitrament of a Court of War A Council of War and a Court of War are commonly by ordinary A Council of War Soldiers confounded as if they were one thing whereas they are very different the first being composed of those persons whom the Prince or his General calls to consult with concerning the managing the War and these are indeed but Counsellors and have in most Armies their President who is nominated by the Prince or State they do but advise for the Prince or his Captain-General have a negative voice and retain a power to themselves to do what they please A Court of War consists of
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
death for a Delinquent Souldier is accounted Beheading the next to that is Shooting which commonly is called Harquebusiering if he be a Horse-man with Pistols if a Foot Souldier with Muskets But the Punishments of several Crimes are left by Martial Law to the arbitrement of a Court of War and some of these aggravated by circumstances are made Capital though in themselves they be not such of which demurring to give present obedience if an Enemy be conceiv'd to be near is one and this falls frequently out Military Punishments which reach not to Death are the Strappado hanging Ordinary punishments up by the Thumbs so that only the Delinquents Toes can touch the ground laying Muskets on their Shoulders more or fewer for a longer or shorter time according to the quality of the fault to be kept in Prison so many days or weeks with Irons on them and sometimes to be fed only with Bread and Water in Prison Observe here that without a Sentence of a Court A necessary observation of War no Superiour Commander be who he will can keep an Inferiour Officer or Common Souldier longer in Prison than the imprisoned party calls for a hearing There is also riding the Wooden Horse on which sometimes the Offender hath his hands tyed behind his back and sometimes Muskets or other weights tyed to his feet As likewise to be turned out of the Army by the Hang-man to have their Ears cut off by the Hang-man to be whipp'd by the Hang-man to have their Swords broke by the Hang-man I have known some who thought that Souldiers who are whipp'd at Gatloupe should be turned out of the Army which is a gross mistake for they are appointed to be whipped by their Comerades that they may be kept in the Army for after an Officer or Souldier is put in a Hang-mans hand he should serve no longer in any Army Gustavus Adolphus King of Sweden first began it in imitation The original and derivation of Gatloup belike of the custome the Roman Centurions had to whip their Souldiers It is a German word Gaslauf and comes from Gas or Gat which signifieth a Street and Lauffen or Louppen which is to run because he who is to be whipp'd is to run through a Street between two rows of Souldiers The Provost Marshal is to furnish Rods and to give the Delinquent the first lash but if there be neither Provost nor Lieutenant nor Servant of his who is called Stokknecht then the Drummers give the Rods. But there are several cases which require present Punishments to be inflicted In what cases Officers may strike wound or kill by Officers and Commanders without committing the Delinquents to Prison or calling them before a Court of War as in point of obstinacy either in not doing the thing that is commanded or not doing it in that manner that the Officer would have it done the giving undutiful language in presence of a Superiour speaking after silence is commanded standing still after one is commanded to march or go In any of these and many other cases a Sergeant may make use of his Halbert and a Commissionated Officer of his Battoon if the party offending be either an Inferiour Officer or a Common Souldier Nay there be some cases wherein Officers may cut wound yea kill as in a Mutiny whereof I have spoke already In case Souldiers be Plundering and will not forbear when commanded in case two be brawling and fighting together and will not leave off But killing should be used by no Officer but where the service of the Prince or the Vindication of Just Authority make it necessary And therefore to kill Souldiers when they straggle on a march unless they refuse to obey and return to their Companies I think is a crime in any Commander or Officer except in a Marshal or Rumour-master And here I must acquaint my Reader with some nice distinctions that some make of Superiours beating their Inferiours As first that none under a Colonel may kill nay nor thrust with the point Some nice Questions First or strike with the edge of a Sword only they may strike with the broad side of it but in some of these cases which I have mention'd especially Mutiny both Commission'd and Uncommission'd Officers may strike with the edge thrust with the point yea kill with their Swords and if they do it not they may be quostion'd upon their lives Secondly say some A Sergeant should Second beat with nothing but his Halbert and so say I too if he have it by him which he is not always bound to have but if not he both may and ought to do it with his Sword when emergencies require it Thirdly they will tell you a Corporal Third must only beat with a Musket-rest if he serve to foot for Corporals of Horse they grant may beat with their Swords but Musket-rests are now out of fashion and when they were used if a Corporal broke one of them in beating a Souldier who should pay for it the Corporal or the Souldier is a hard question He may therefore beat with his Sword for none under an Ensign-bearer should be permitted to carry a Battoon an abuse too much suffer'd But fourthly many Intelligent Commanders have averr'd that none Fourth but a Major may strike with a Battoon as also that he may beat with it any Officer under a Captain that is both Lieutenants and Ensigns which they say is no affront to them provided the Major immediately throw away his Battoon and draw his Sword Truly there is no new custome but appears strange and bizarre at first till it become common and then it doth not seem strange at all I find by my Lord Carbousen's testimony that this was the ordinary Military custome in France in the latter end of the Reign of Henry the Great not much more than threescore years ago But that whereat I wonder is that a Battoon at that time and yet was not more odious to any people under the Sun than to the French Nation But mark the reason that is given for this custome Because a Major says Louis de Montgomery carried always a Staff three foot and a half or four foot long to measure the length of the Souldiers huts and with that he might strike and with no other A strange reason I know no precedent for this custome except that perhaps Drapers and Taylors may beat their Journey-men and Apprentices with those Ells or Yards wherewith they measure their Cloath But now those whom the French call Marshals of Quarters and we Quarter-masters measure out to the Souldiers their proportion of ground for their huts and ought to have a measure for it may they therefore beat with it I trow not And why a Major should be permitted to strike with a Battoon more than a Lieutenant-Colonel or a Colonel or in France more than a Captain who often commands the Major is more than I can divine The Custome
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
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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