Common Places, Part 4 · Chapter 18
The eighteenth Chapter. Whether Captiues ought to be kept or put to death.
BVt whether Captiues ſhould be ſlaine, In 2. kings. 6. ver. 22.or ſaued, it cannot be determined in one ſentence. For otherwhile, they which hauehave ſaued them are blamed, and elſewhere ſome are called backe from ſlaying them. Zach. 1. 15.And God reprooueth the crueltie of the Babylonians againſt the Iſraelites. Furthermore Achab becauſe he ſpared Benhadab, heard of ye Prophet: Thy life ſhall goe for his life, 1. kings. 20. 42. 1. Sa. 15. 23.and thy people for his people. And Saul was defeated of his kingdome, becauſe he ſpared the king of the Amalechites. That enemies muſt ſometime be killed and ſometime ſpared. 2. kings. 1. 9. & 15.Wherefore ſometimes we muſt ſpare them, and ſometimes they muſt be put to death. Which thing may wel be knowen in one and the ſelfe ſame Elias: who hauing ſlaine the firſt two bandes of fiftie with fire from heauen, ſaued the thirde: which no doubt happened according to their diuerſe affection. For the two firſt fifties were altogether wicked men, contemners of the word of God and of the Prophets: But the other declared by prayers and humble ſpéeche, whereby they approoued themſelues vntounto the Prophet that ſome godlineſſe and faith did ſticke in their mind. 1. kings. 18. 40.Alſo he thought it not méete to ſpare the Prophets of Baal becauſe they were men wholy giuen to vngodlineſſe, neither woulde they yéelde when they were openly ouercome: nay rather they were alwaies prepared and readie to amplifie and defende moſt ſhamefull Idolatrie, wherefore it is néedefull to weigh the offences. For we account none to be our enemies for any other cauſe, but that they hauehave offended and muſt be kept vnderunder ſubiection. But amōg other things, By what things a fault is eyther aggrauated or lightened.which lighten or aggrauate the fault, are knowledge and ignorance. And that the fault is no ſmall deale lightened by not knowing of the thing, it is certaine: becauſe ſéeing it hindereth the will, they which ſinne in ſuch wiſe, ſéeme not to hauehave ſinned willingly, but rather againſt their will. But we muſt vnderſtand that ignorance is of two ſortes. One is ſaid to be of the fact, and another of the law. That which is of the fact, doeth all wholie take awaie the nature of ſinne. As if a man meaning to kill a wilde beaſt ſlayeth his owne father, being hidden among the ſhrubbes & buſhes where he was not accuſtomed to bee at another time. Neuertheleſſe the ignorance of the law doeth not generally excuſe, for euerie man is bounde to knowe the lawes, eſpeciallie the common lawes and lawes of nature: and it behooueth the faithfull men of God to vnderſtand the principall points of the holy lawes. But if he that ſinneth by this ignorance, and he that committeth thoſe things, which he knoweth to be againſt right and lawes, be compared together; this [latter] is worthie of the more grieuous puniſhment. Wherefore Chriſt ſaith: Luk. 12. 47.A ſeruant knowing the will of his Maiſter & doing it not, ſhall hauehave double puniſhment. And there is much difference betwéene him which willingly and of his owne proper naughtineſſe raſhlie runneth into grieuous crimes, and another which is not ſtirred vp of his owne accord, but by another man: and eſpeciallie by him which hath him at commaundement: As were thoſe ſouldiers which are ſpoken of in the Bookes of Kings. 2. kings. 6. 14.For the king of Syria ſent them to apprehend the man of God. Further they went to Samaria, not by their owne will, but being after a ſort led by ye hand of God. For they went not of their owne minde vntounto ye Citie, being populous, & which they might not reſiſt. Beſides this alſo, they came thither without any harme dooing: For they ſpoyled not the fieldes, nor fortreſſes, nor Townes, but followed the Prophet the right waie.
What nations were preſcribed by God. Deut. 7. 1.2 Alſo it muſt bee vnderſtoode that certaine nations were giuen ouer of God, and others were not. God ſo gaue ouer the Chananites, as he would hauehave them to be vtterly deſtroyed by the Iewes. Wherefore in ſparing of them when they had brought them vnderunder tribute, they moſt grieuouſlie offended God, as it is plainelie teſtified in the Booke of Iudges. Iud. 1. & 2.But wheras the Gabionites were forgiuen, Ioſua. 9. 5.that happened by a certaine ſpeciall euent. There was a guile wrought, ſecondly there was an othe made, whereby although the Iewes were not bound, yet for reuerence ſake of the name of God, GOD would hauehave it to be of ſome force. Which I therefore adde, becauſe after a ſort they were puniſhed with death. For the Hebrewes made them ſeruants, and conſtrained them to hew wood and to drawe water: and ſeruaunts, (as teach the Romane lawes) are in a great ſort of thinges accounted for dead men. What we are to affirme concerning nations not preſcribed.But wee note that of the Nations which were not giuen ouer by GOD there was a ſundrie conſideration had, to wit, according to the greatneſſe of their offences. In ſo much as Dauid moſt ſeuerely puniſhed the Ammonites, becauſe of the ingratitude and ignominie doone to his Ambaſſadours. For when the Citie was taken, he commaunded the Citizens to be deſtroyed with Sawes, Rakes, and Axes, and alſo to be burned in Kils, wherein Brickes and Chaulke were burned. And on the other ſide, the Syrians whom he had ouercome in warre, he put vnderunder Tribute. Moreouer among enemies, ſome repent and will yéelde themſelues, and promiſe that they will make ſatiſfaction for the iniuries doone by them, and doubtleſſe thoſe muſt be mercifully ſpared. But there be others which with a moſt ſtubborne mind doe reſiſt, and are readie to defende their naughtie actes by warres: againſt ſuch wée muſt decrée the more ſeuerelie. So did the Iſraelites behaue themſelues againſt the Beniamites, when they had in a manner extinguiſhed that tribe, leauing verie fewe on liue. By the like example alſo was that nation brought to deſtruction vnderunder Veſpaſian and Titus, becauſe the Romanes being readie to forgiue them that were beſieged, they verie obſtinatelie reſiſted. Theſe two things did the Poet expreſſe, when he ſaid that this was a marke proper vntounto the people of Rome: To ſpare them that were ſubiect, and to vanquiſh them that were proude.
3 Furthermore enemies are ſpared when there is any hope of peace, that in very deede it may be the more firme, and that their mindes may be the more vnited when the Captiues being gently vſed are ſent back againe into their owne country. Enemies alſo are ſaued when both ſides hope for to change Captiues one for another: namely that eache part may receaue their owne. But on the contrarie part Captiues are ſlaine, that a terror may be put into the enemies leaſt they ſhould thinke that their ſtate and lot ſhould be eaſie, if without yeelding of themſelues they fall into the handes of their aduerſaries. For ouer much lenitie is often times a great prouocation vntounto ſinne. And not ſeldome it is that Captiues periſh becauſe of reuenge, namely by reaſon that the aduerſaries cruelly ſlue the Captiues when they had taken them. Alſo they ſéeme iuſtly to be ſlaine, who hauehave bin oftentimes forgiuen, and neuertheleſſe returne to their kinde, that is, to their olde wicked actes. Oftentimes did the people of Rome make as though they knew not of the trecherie of lugurth, which afterwarde being eftſoones begun a freſh, receiued a iuſt puniſhment. They alſo are not ſpared, who by iuſt coniecture are ſuſpected, that they will do harme againe vntounto the vanquiſhers. And ſurely, of this ſort are to bee accounted the moſt cruell preſcriptions of Scilla and Marius. For the one of theſe, when he vnderſtoode that the common ſort of people woulde not be quiet, he condemned them. On the other ſide Marius perceiuing the hatred of the nobilitie to the diſtruction of the people, condemned the nobilitie. Both of them in verie déede prouided to make ſure the power of their owne part. But verie eaſily are they forgiuen, of whom there is no more dammage to be feared when they be once ouercome. For this cauſe Aurelianus when he had ouercome Zenobia, Zenobia.which inuaded the Empire in Syria, and according to the maner had triumphed of her at Rome, not onelie forgaue her her life, but alſo permitted that ſhe ſhould liue conuenientlie and honeſtly in the Citie. And they which for theſe cauſes that wée hauehave hitherto recited vſe clemencie towards them that be ouercome, perhaps they iuſtly & of good right deſerue to be prayſed. But there be others, which are led not by a vertue of the minde, but rather of a couetouſneſſe to forgiue captiues, namely to wreſt from them a verie great ranſome. And they oftentimes hauehave no conſideration, either of honeſtie or of the common weale. Some alſo are found which ſpare the multitude of the Enemies, and onelyonly put to death the heads of the euill, and the principalles of wicked acts, to the intent they may be examples vntounto the reſt, that they ſhould not aduenture the like. Alſo in the olde time among the Perſians there was a law, that when any man had béene conuicted of a capitall crime, he ſhould not ſtraight way be condemned, but all his whole life ſhould bée tryed and diligently examined. Whereby if his notable actes were founde to excéed his euill acts in number and greatneſſe, they diſcharged him: But on the other ſide, if the offences and euill acts had excéeded, then at length they condemned him and put him to extreme puniſhment. So it appeareth that Salomon dealt. For when as Abiathar the Prieſt had incurred the crime of treaſon, 1. kings. 2. 26.he ſaid vntounto him, Thou art the childe of death. Notwithſtanding becauſe thou waſt preſent with my father Dauid in his dayes, and diddeſt put thy ſelfe in ieoperdie and haſt taken paines with him, therefore I will not ſlaie thee this day: wherefore goe vntounto thy fathers landes in Anathothe. This lawe of Conquerours in ſuch ſort prouided againſt enemies, The large right of conquerors reſtrained by certaine good Emperors.iuſt and good Emperors are woont to reſtraine within certaine boundes. For Cities being woonne, when they ſhoulde bée ſacked, Princes are woont to ſette foorth Edicts, whereby they charge that no violence be doone to frée bodies. They ſometime alſo decréed that ſo many as flie to the Temples ſhould be ſafe and inuiolate: As did Alaricus the King of the Vandals, when he had taken poſſeſſion of the Citie of Rome. And vndoubtedlie in victorie if there ſhould be no hope of pardon to them that are ouercome, the thing would be altogether cruell. Wherefore it becommeth an Emperor, (vnleſſe that the cauſes nowe brought or ſuch like cauſes ſhall hinder him) to be of a milde heart, and more inclined to ſaue thoſe whom he hath ouercome, than to deſtroy them.
4 And there is no doubt, but that there be founde manie noble minded men. Who notwithſtanding they bee much delighted with victorie, yet neuertheleſſe doe verie much miſlike of crueltie. Aeneas who is called godlie, as we reade in the x. Booke of Aeneidos, ſorrowed becauſe he had ſlaine Lauſus the ſonne of Mezentius. And Marcellus hauing conquered the Syracuſans, who moſt obſtinatelie did reſiſt, when he behelde the citie being ſet on fire to fall down on heapes, did wéepe. Thus did he ſorrow for the ruine of a moſt vnfriendly Citie. Some ſuch like thing alſo is reported of Scipio in the deſtroiing of Carthage. Yea and they in old time ſo tempered themſelues from ſhedding ye bloud of enemies, as thoſe which were ouercome they put vnderunder a yoke, Titus Liuius.as wee reade was doone at the gallowſes made at Caudina. But otherwhile ſome Princes being driuen by indignation and wrath, no leſſe raſh than vehement, not weighing well the matter, hauehave ſo raged againſt their enemies, as they hauehave cauſed to be ſlaine, both the guiltie and the innocent one with another. Which happened vntounto Theodoſius the great when he was vehemently inflamed with wrath againſt the Theſſalonians: which ſinne of his Ambroſe did moſt ſeuerely chaſtiſe. They will be prouoked vntounto clemencie if they forget not that themſelues alſo are men: & that thoſe things which hauehave happened to the ouercome, may ſometimes alſo happen to themſelues. Into which cogitatiō Cyrus fel, who hauing taken Craeſus iudged him to the fire. But he that within a while after was to be burned, began to crie: O Solon Solon, becauſe he before his death had made aunſwere vntounto him, when he boaſted of his wealth & happineſſe, yt none might be called happy before his death. With this ſaying Cyrus being mooued, he not onelyonly deliuered the man from death, but alſo helde him in honour about himſelfe, and many times vſed his counſell and aduiſe. Alſo Iuſtinianus, when he had by Beliſarius ouercome Gilimer the king of Vandals, after he had triumphed of him, Eccle. 1. 2.was required to decrée what he woulde hauehave doone with him: he cried out, Al is moſt vaine and but plaine vanitie: neither did he ſlaie the man, but he baniſhed him farre off into Fraunce. Alſo Iulius Caeſar when he had obtained victorie, was verie much inclined to forgiue them that were ouercome, for which cauſe he is maruellouſlie commended by Cicero. This alſo ought verie much to driue princes vntounto merciemercy, that among their Titles they ſpecially imbrace that wherein they are called moſt mercifull. Wherefore ſéeing they reioyce in this Title, it is méete they ſhould in verie déede declare themſelues to be ſuch. Verilie ſéeing the warres which are exerciſed among Chriſtians who be all of one Religion, although they bee iuſt warres be more than Ciuil, our Magiſtrates (vnleſſe that iuſt occaſions as manie ſuch like may be gathered beſide thoſe which wee hauehave alleaged) ought to hauehave their mindes ſo much the readier bent to ſhew merciemercy vntounto them which be ouercome. And thus farre concerning this matter.
Of things vvhichwhich be taken by the right of vvarre.
In Iud. 11.5 That it is poſſible that ſome thinges may be claimed by the right of war, it may be prooued both by mens lawes and by the lawes of God. But I will begin with mans lawes. In the Digeſtes De captiuis & Poſtliminio reuerſis, in the lawe Poſtliminium, the things that we hauehave loſt in warre, or in the affaires of warre, if we ſhall afterwarde recouer againe, we ſhall obtaine them by the lawe Poſtliminium. For ſo long as they are not recouered, they are poſſeſſed by our enemies. And this right is againſt them which are pronounced enemies. But thoſe were pronounced enemies againſt whō the people of Rome did publikly proclaime war, or they which did proclaime war againſt the people of Rome: as it is in the ſame title, in the law Hostes. For pyrats or théeues cannot by this meanes attaine to be owners, or poſſeſſe any thing by the law of warre. For warre ought to be made, to the end we may attaine ſomewhat by right of warre. And in the Digeſtes De acquirendo rerum dominio, in the law Naturale, Paragraphe the laſt: ſuch things as are taken from enemies, are by the common lawe of nations ſtraightwaie become theirs which take them. And thus the lawes of man, as touching this matter are verie manifeſt. So is it alſo by the lawes of God. Abraham as it plainely appeareth in the booke of Geneſis the 14. Chapter, Verſe. 14.made warres againſt the fiue Kings which had led awaie Lot priſoner. The battaile being finiſhed, the praie came into the handes and poſſeſſion of Abraham: which maie eaſilie be prooued, becauſe of that praie he gaue tythes vntounto Melchiſedeck. But it had not bin lawfull for him to hauehave giuen Tythes of another mans goods: wherefore they were his owne of which he gaue. By reaſon whereof we muſt beléeue that that praie was in his poſſeſſion. For in that he gaue it to the king of Sodom, it was of his mere liberalitie, ſith he was not thereunto compelled by the lawe. I might rehearſe what things Ioſua, Othoniel, Dauid, Salomon, and manie other more poſſeſſed by the right of warre. For when thoſe Princes had the victorie, the things taken from their enemies came to their poſſeſſion. But it is not ſufficient to make warre, It behooueth that warre be made for a iuſt cauſe, otherwiſe it is theft and robberie. Auguſtine. How a iuſt warre may be knowen from an vniuſt.for claiming of ſomewhat by the right thereof, but the warre alſo muſt be iuſt: for vnleſſe it bée iuſt, it is not warre but theft and robberie.
6 But howe can wee knowe that the warre is iuſt or vniuſt? Auguſtine, as he is alleaged in the 23. Cauſe, Queſtion 2. in the Chapter Notandum, writeth that the warre betwéene Sehon and the Iſraelites was iuſt. For they deſired to paſſe without doing any harme through his kingdome: which in reſpect of ye fellowſhip of man ſhould not hauehave bin denied them, eſpeciallie ſéeing they had faithfully promiſed that they woulde not be troubleſome vntounto any man. This ſentence of Auguſtine the Gloſſer goeth about to defende, and that by the Ciuill lawes. In the Digeſtes De Aqua pluuia coercenda, in the lawe In Summa, in the Paragraphe, Item varus, ſome thing is permitted in another mās grounde, ſo that it be doone without harme of the poſſeſſor. And in the Code De Seruitutibus, in the law Per Agrum: Maximianus and Diocleſian doe thus decrée: No man can forbid thée to vſe the common high waie. And that thing onelie did the Iſraelites deſire: wherefore béeing repulſed, they iuſtlie tooke warre in hande. So much ſaieth the Gloſſer: whoſe reaſon doeth not ſo fully ſatiſfie me. For that which Auguſtine ſpeaketh of priuate men, may eaſilie be admitted: and theſe things which are brought out of the ciuill lawe doe ſéeme alſo to bee written concerning priuate men. Whether paſſage ought to be graunted to a ſtraunge armie.But if a man will leade an hoſte through another mans Countrie, although they make faithfull promiſe not to be troubleſome, yet whether a waie ought foorthwith to be graunted him and he to be beleeued, it is vncertaine. They promiſe (thou wilt ſaie) that their Hoſte ſhall doe no harme, but if they ſtand not to their promiſes, then will the lande be in their poſſeſſion. Vndoubtedly, Iulius Caeſar woulde not permit the Heluetians to paſſe through his prouince, although they promiſed that they would paſſe without doing iniurie or harme. But I ſay that the warre which the Iſraelites made againſt Sehon was iuſt, The Iſraelites made iuſt warre againſt Sehon.yet not therefore becauſe he denied them leaue to paſſe through his Countrie, but becauſe he came with his hoſte out of his owne borders, and willingly offered wrong vntounto the Iſraelites. For euerie man ought to defende both himſelfe and his againſt violence. That which Auguſtine bringeth hath ſome ſhewe, yet his reaſon is not firme. For howe coulde Sehon knowe certainely, whether the Iſraelites would doe him harme or no, eſpecially they being ſo manie in number? For there were ſixe hundreth thréeſcore and ſixe thouſand armed ſouldiers and well appointed to the battell. He might perhaps hauehave permitted them to hauehave paſſed and that ſafelie, although not all of them together, but by bandes. But ſéeing the firſt reaſon before alleaged is ſufficient, we néede not much to labour about excuſing of Auguſtine.
Auguſtine. What muſt be taken héede of in iuſt wars.7 The ſame Auguſtine in the 105. Epiſtle vntounto Boniface: In the making of iuſt warre (ſaith he) many thinges muſt be taken héede of. For it is not ſufficient, that the warre be iuſt, vnleſſe alſo the warre be iuſtlie handled. Wherefore he admoniſheth his Earle: Whē (ſaith he) thou putteſt on thine armour, remember that thy ſtrength is the gift of God, and determine with thy ſelfe not to abuſe that gift againſt God. Yea rather doe this: Fight for his lawes and name: let promiſes be kept euen with enemies, but much more with friendes, for whome thou makeſt warre. By which wordes he blameth thoſe ſouldiers which are more grieuous in Cities than be the verie enemies. Of which ſort, we ſée in our dayes a great manie more than we would, which being in their Gariſons (good Lord) how doe they handle the Citizens, and men of the countrie? How ſhamefull & abhominable thinges doe they commit? He addeth alſo a third Caution. Conſider with thy ſelfe that warre muſt be made vppon a neceſſitie. Wherefore hauehave thou alwayes a minde vntounto peace. Make warre becauſe thou canſt not otherwiſe doe, but if thou canſt make peace, refuſe it not. Warre is taken in hand onelie for the amending of thinges [that be amiſſe.] Yea and the Apoſtles did ſo afflict ſome, to the intent they might become the better. Paul ſaid vntounto the Corinthians: 1. Cor. 5. 5.Deliuer ſuch a one vntounto Sathan, for the deſtruction of the fleſh, that the ſpirit may by ſaued. 1. Tim. 1. 20.And to Timothie he ſaith, of Hymenaeus and Alexander: I hauehave deliuered thē to Sathan, that they may learne not to blaſpheme. So ought they alſo to reſtraine princes, to the intent that they may be made ye better. And Auguſtine in his 19. Auguſtine.booke De Ciuitate Dei, ſaith that warres, though they be iuſt, vntounto Godlie men they ſéeme both troubleſome and gréeuous. For beſides other thinges, which the nature of man eſchueth, they ſhall ſée the wickedneſſe of the contrarie part, by reaſon whereof they are conſtrained to fight and they cannot but be ſorie for it. And in the Epiſtle before alleaged: Rage not (ſaith he) nor waxe not inſolent againſt thoſe which ſubmit themſelues, but let merciemercy be ſhewed to thoſe that be ouercome. Such is that ſaying of Virgill, Spare thou them that be ſubiect, & vanquiſh them that be proud.
8 Moreouer he admoniſheth the ſame Earle to beware of vices, which are woont to followe Hoſtes: Namelie, of filthie luſtes, of rauenous pillage, and of drunkenneſſe. For it is a moſt diſhoneſt part that thou ſhouldeſt make warre for the amending of other mens vices, when as thou thy ſelfe in the meane time art a great deale more vitious, and much more art ouercome both with affections and diſeaſes, than they which are ouercome. And in warre we reprooue not the end, but the deſire of hurting, the crueltie of reuenging, ye outragiouſneſſe of rebelling, and the gréedie deſire of ruling, theſe thinges (ſaid he) are condemned. For they which without thoſe vices, make iuſt warre, are the Miniſters of God and of the lawes. The ſame father againſt Fauſtus the Manichie: This order (ſaith he) muſt be kept, that the warre be proclaimed either by God or by Princes, to breake the pride of man, and to tame the obſtinate. Moreouer ſouldiers ought to be perſwaded that the warre is iuſtlie made, and not taken in hand againſt the word of God: Whether ſouldiers ought to be pr…ne to the cauſe of the warre.otherwiſe let them not goe on warrefare. Neither doe I to this ende ſpeake theſe thinges, becauſe I would hauehave ſouldiers to vnderſtand the ſecrets of princes, but that to their knowledge and wittinglie, they ſuffer not themſelues to fight againſt true and iuſt cauſes. Yet it may be (ſaith Auguſtine) that the prince himſelfe may make warre againſt his conſcience, and yet his ſouldiers nothing offend, ſo long as they obay the ordinarie power: For the people muſt obay their prince. And in their ſo doing it may be doubtfull vntounto them, whether their prince make warre contrarie to the commaundement of God. But they are excuſed, ſo long as they obay their owne prince in a doubtful cauſe: their owne prince (I ſay) and not a ſtrange prince. Wherefore thoſe hyred ſouldiers cannot be excuſed, Againſt mercenarie ſouldiers.which hauing no reſpect to the cauſe, but onelie for monie and reward ſake doe ſerue ſtrange princes. Wherefore Iiphtah thus reaſoned as touching the firſt poynt of his Oration: We hauehave taken this land by the right of warre, therefore thou vniuſtlie requireſt the ſame againe of vsus.
9 He addeth afterward: Our God hath giuen it vntounto vsus which is the Lorde and diſtributer of all humane thinges. Iud. 11. 21. God is the diſtributer of kingdomes.He bringeth his Argument from the gift of God. And that God may giuegive and diſtribute kingdomes, the verie Ethnick authors ſawe. And therefore in Virgil, Virgil.Aeneas dooth ſo often boaſt, that he by the commaundement of GOD went into Italie, and for that cauſe would not abide either at Carthage or in Sicilia, when he might hauehave obtained either of thoſe kingdomes. Auguſtine.Auguſtine in his 5. booke De Ciuitate Dei, the xxi. Chapter: As touching kingdomes (ſaith he) and prouinces, it is certaine that God diſtributeth them, both when and how much, and to whome he will: doutleſſe by his iudgement which is ſecret, but not vniuſt. In the booke of Geneſis, GOD promiſed to Abraham and his poſteritie the land of Chanaan, Gen. 15. 13but yet he promiſed it after foure hundreth yeares. Now (ſaith he) I will not giuegive it: for the Chananites as yet had not fulfilled their ſinnes. I will not caſt them out now, but I will tarie till their iniquitie be come to the higheſt, afterward I will bring you in. And in the ſecond Chapter of Deuteromie it is written that the Horites dwelled in Mount Seir: Verſe. 12.which were men expert in warres and verie valiant, whome God (ſaith he) draue out of thoſe moūtaines, to the intent that the children of Eſaw might poſſeſſe the land. Verſe. 10.And in the ſame Chapter he teſtifieth that he did caſt out the people of Emim, and gaue their kingdomes vntounto the Ammonites, and draue out Zanzumim out of their ſeates, and placed the Moabites there.
10 But if thou wilt ſay, that this was doone by GOD peculiarlie againſt thoſe Nations, becauſe the Edomites had their ofſpring from Eſaw, the Ammonites and Moabites of Lot, which was the kinſman of Abraham, and together with him accompliſhed moſt dangerous viages: I aunſwere, And this may alſo be ſayd of other Nations there, which came not of Abraham. The Cappadocians draue out the Heuites, Deut. 2. 23.which were the firſt inhabitantes, who going out of Cappadocia deſtroyed them, and inhabited thoſe Regions in their ſtead. Deut. 32. 8.And in Deuteronomie the 32. Chapter, it is written: When GOD by lot diuided the Nations and the people, according to the number of the children of Iſrael. What is meant by ſaying that the kingdoms were diſtributed by lot.In that it is ſaid to be doone by lot, that is all to be referred to our vnderſtanding, which ſee not the cauſes of things. But with God nothing is doone by chance. God hath diſtributed the Nations, according to the number of the children of Iſrael. Séeing the Iſraelites were not yet increaſed when GOD put the people into thoſe Regions: who at the laſt gaue place vntounto the Iſraelites when they came. Neither ought we to be offended, if by this diſtribution oftentimes tertill and fat landes happen vntounto the vngodlie. Auguſtine.Forſomuch as Auguſtine in his 4. booke De Ciuitate Dei, the xxxiij. Chapter ſaith: That giftes, which indure but for a time, Matt. 5. 45.happen both to the iuſt and vniuſt, ſéeing God maketh his ſunne to ſhine both vppon the good and euill, and raineth vppon the iuſt and vniuſt. But by this common benefite the godlie ſort hauehave this commoditie onelie, that they vnderſtand that theſe thinges are not the chéefeſt gifts, which we ought to looke for: becauſe theſe are common both to the good and to the euill. Howbeit, the godlie waite for other more excellent giftes which are not common to the good and euill. Yea, and Daniel ſaith: Dan. 2. 20.The name of the Lord be bleſſed for euer: For it is he which tranſlateth kingdomes, and driueth out the firſt inhabitantes, and bringeth in other. Neither dooth he onelie bring men into prouinces, Dan. 10. ver. 13. & 20.but alſo ſetteth Angels to rule ouer them as we there reade, the prince of the Perſians and Gretians: And he hath not onelie diuided men by Regions, but alſo by tongues and manners. Further me muſt remember, that theſe mutations were not onelie doone at the beginning, but alſo in the latter times. For the French men poſſeſſed Gallia, and the Engliſh Saxons, Britaine: but the Britaines being caſt out by them, found newe places in Gallia by force and armes. And that part which they obtained, they called Britanie according to their owne name. The men of Gallia alſo of late, going out of their owne borders, poſſeſſed a great part of Italy. The Hunnes ſubdued vntounto themſelues Pannonia, and called the countrie Hungaria. So God diſtributeth kingdomes, caſteth out ſome, and bringeth in other ſome, as it ſéemeth good vntounto his iuſt iudgement, which is ſecret. For the earth is the Lordes, and the fulneſſe thereof. This diſtribution chaū ced euen at the beginning to the ſonnes of Noah, and afterward to thoſe which builded the Tower of Babel: For God diſperſed them throughout the whole world.
God diſtributeth kingdomes of his mere liberalitie.11 Now will I declare by what meanes God is woont to giuegive kingdomes. He giueth them of his owne liberalitie, no right compelling him thereto. That is the true manner of gift, which otherwiſe is not a gift vnleſſe it be frée. And yet nothing letteth, but that God, by the dueties and obedience of godlie men, may be prouoked to giuegive. He giueth in déede manie times thinges vntounto godlie men, but yet of no duetie: Becauſe there hath bin none at anie time ſo godlie, as he might deſire anie thing of God as his owne in his owne right. For he muſt doe his duetie though God giuegive him nothing. And yet there is a certaine recompenſing gift, A recompenſing giftalthough it be frée and giuen without any right compelling it: yet becauſe it is after a ſort beſtowed vponupon dueties, it hath a ſhewe of a reward. Eze. 29. 18.So in Ezechiel God gaue a gift vntounto the king of Babylon: Becauſe (ſaith he) he laboured in the ſiege of Tyre, I will giuegive vntounto him the land of Egypt. There be alſo amongeſt men *foreign.recompenſes: when duetie is repayed with duetie. Theſe alſo are voluntarie, neither can they be demaunded by Iuditiall action, and therefore are they counted among giftes. But we hauehave nothing which we can giuegive vntounto him: We hauehave nothing that we can giuegive vntounto GOD.wherefore if we attempt to bring anie thing vntounto him, we render vntounto him his owne. And ſo no conſideration of merit can be fit for vsus towards him: wherefore God giueth liberallie, no lawe compelling him thereunto. Neuertheleſſe, Whether ſuch gifts may be reuoked.it may be demaunded whether ſuch giftes can be reuoked. Why can they not? Séeing the giftes of men alſo are reuoked ſometimes: as we hauehave it in the Code De reuocatione donationum. Firſt if they hauehave conditions annexed vntounto them, which hauehave not bin performed. And aſſuredlie, God after that manner gaue the land of Chanaan to the children of Iſrael: namelie that they ſhould woorſhip him, not onelie in ceremonies, but alſo in good manners and holineſſe. But ſéeing this condition was not performed, God iuſtly reuoked his gift and led them away captiue: and gaue the land vntounto the Babylonians, Aſſyrians, Egyptians, and Romans. A great ingratitude alſo of him that is indued with the gift, maketh the gift of ſmale force. For if he be ſo vngratefull as he will be contumelious & reprochfull vntounto the giuer, the gift is then reuoked. So GOD in Ezechiel complaineth: Eze. 16. 10. &c.I hauehave clothed thee with veſtures and garmentes of ſundrie colors: thou haſt beſtowed them vppon Idols, and haſt giuen them vntounto Baal: therefore wil I take away my garments from thee, and my clothings of ſundry colors &c. But thou wilt ſaie that the giftes and vocation of God are without repentaunce, The gifts of God are without repentance. Ro. 11. 29.as it is written to the Romanes: that I graunt, but the chaunging is in vsus, and not in God: for if we ſhall continue thankfull, and ſtand to the conditions, the gift would be firme and ratified. Further Paul in that ſentence ſpake of giftes and calling, which come vntounto men by the eternall predeſtination of God, & not of thoſe which are giuen onelyonly for a time.
12 Dauid in the firſt Booke of Samuel the 20 Chapter decréed, In 1. Sam. 30. ver. 21.that the pray ſhould be equally diuided among all: For he iudged it to be a iuſt thing that they which remained with the carriage, For what cauſes the appointment of Dauid was iuſt.ſhould be partakers of the praie. And this for manie cauſes ſéemeth to be iuſt. Firſt becauſe they taried by the common conſent of all. Secondlie that notwithſtanding they were one from another by diſtance of places, yet were they not ſeuered in fellowſhip. Further, ſéeing that they abode ſtill wearie and tyred, and otherwiſe would hauehave gone againſt the enemie: their will was to be accepted for the déede it ſelfe. Alſo becauſe they ſet forward to the common perill: for if thoſe former had bin ouerthrowen, theſe men could not hauehave bin long ſafe. What if ſo be that in the meane time, while Dauid was awaie with his, ſome enemie had aſſailed theſe men at the carriages: theſe men had bin in no leſſe daunger than thoſe which went againſt the Amalechites. When Abraham ha… put his men in armes for the purſuing of thoſe fiue ſmall kings, Gen. 14. 24and had deliuered Lot, he ioined vntounto him Abner and Eſchol. But they ſo farre as wee can gather by the hiſtorie did not fight. Perhaps they were left at the carriages. Yet when the enemie was ouerthrowen, Abraham gaue part of ye praie to them alſo. And in ye 31. Chapter of Numerie, when warre was taken in hand againſt the Madianites, and that out of euerie tribe a thouſand were armed through out all the tribes, and the reſt remained in their tabernacles, when the victorie was finiſhed, the praie was ſo diſtributed, as the firſt part was yéelded vntounto the Tabernacle, the ſecond vntounto them that fought, and the thirde vntounto them that remained in the Campe. Leuit. 6. 29. Leui. 22. 10And in Leuiticus the Prieſts which miniſtred in the Tabernacle, although they did not all miniſter euerie daie, yet were they all maintained by the oblations. But good ordinances are oftentimes by mens negligence blotted out of remembrance. Wherefore it is the part of godly Princes to prouide that theſe thinges may euer betwéene while be reuoked. By reaſon of ill maners (ſaid he) ſprang vp good lawes: Euen ſo héere by reaſon of the malicious importunitie of theſe men, good ordinances are reuoked.
Of the diſtribution of a pray.13 But this queſtion as touching the diſtribution of the pray, muſt bee ſomewhat more deepelie conſidered. Ambroſe in his booke De Patriarcha Abrahamo, (which place alſo is cited in ye Decrees the 23. Cauſe, queſtion the 5. in the Chapter Dicat) ſaith that the ſouldiers take not the praie for themſelues, but for the Emperour: which things muſt be diſtributed among the ſoldiers, at the Emperours appointment. And the Emperour himſelfe muſt retaine for himſelfe a part which they call the principall part, ſéeing otherwiſe it appeareth ſcarce equal, that eueryevery man ſhould catch for himſelfe as much as he can. For ſo might it come to paſſe that euerie drudge or ſkullian, ſhould light vponupon a riche bootie, and that ſome captaine of ſouldiers or well deſeruing ſouldier ſhould bée excluded. Wherefore this ciuill and equall way, Dauid followeed in diuiding of the pray: & ſuffered not himſelfe to be diſquieted with the importunitie and ſlanders of thoſe men. So me thinketh muſt be vnderſtoode thoſe words which be in ye Digeſtes De Acquirendo rerum Domino, in the lawe Naturalem, in Paragraphe the laſt: namelie that thoſe things which be taken in warres, are theirs that take them. They be indéede, but at the deuotion of the Emperour, not as eache one will himſelfe. But in diſtributing, a proportion muſt be kept, not Arithmeticall but Geometricall. That did Iſidorus note, who is cited in the Decrees, diſtinct. 1. Chapter 1. the chapter beginning Ius militare. For he ſaith, that the pray muſt be diuided, according to euerie mans dignitie, valiaunt courage, and labour, and that the principall portion ſhould be ſet aſide by it ſelfe: Becauſe that portion was choſen out of the whole praie which the ſouldiers had caried together, and with great triumphe was afterwarde brought into the Treaſurie. Why then (ſaith he) did Dauid part the pray equallie amongſt all? Some aunſwere, that hée by that meanes would prouide for the common peace of the ſouldiers, and to quenche enuie. For they would all hauehave repugned, ſaying, that they had béene all alike ſtrong, and that they had imployed as great labour the one as the other: ſo as it would hauehave bin hard to giuegive iudgement afterwarde. Others thinke that to be doone, becauſe that victorie happened not by the ſtrength of man, but by the onelie benefite of God. Howbeit that ſéemeth not to be verie likelie. For although it be true, that God alone gaue that victorie, yet did Dauid make that lawe, not for that time onelie, but for euer. And it is not credible that he would aboliſh the Geometricall proportion: or if that God gaue the victorie, that therefore he would exclude iuſt order: in as much as God commaunded to retaine that, euen in thoſe things which were ſpecially giuen by him. For in the diſtributing of almes, he would hauehave a conſideration to be had chéefely of our houſholde, and of the faithfull. So as in diſtributing of the pray, Dauid was to kéepe a certaine proportion of iuſtice. Matt. 25. 14. &c.For in the Goſpell the Lorde gaue more vntounto him that had gained fiue talents, than vntounto him which had gained onelyonly one. Wherefore I thus affirme, that Dauid diuided not the pray equally, but had a conſideration of the ſoldiers. Nay rather (wilt thou ſaie,) the letter Caph being doubled, doth ſhew an equalitie of likeneſſe. For ſaith Eſaie: Such as the people is, ſuch ſhalbe the Prieſts. Againe, Such people as mine be, ſuch a people be thine. And againe: Such as my horſemen bee, ſuch bee thy horſemen. There is in verie déede ſome equalitie euen in this place which hath recourſe both to the one and to the other. And Dauid made as well the one ſort as the other partakers of the pray, and that alſo after one manner: yet ſo, as a proportion might be kept what eche one had deſerued, not onelie of them which fought againſt the enemie, but alſo of them which remained with the carryings. Wherfore in my iudgement this is the meaning: That Dauid indéed gaue of the pray vntounto all, but yet that he had a conſideration what eche one had deſerued. And thus the law was iuſt, which otherwiſe might hauehave ſéemed vniuſt.