The common places of the most famous and renowmed diuine Doctor Peter Martyr diuided into foure principall parts: with a large addition of manie theologicall and necessarie discourses, some neuer extant before. Translated and partlie gathered by Anthonie Marten, one of the sewers of hir Maiesties most honourable chamber.

The eighteenth Chapter. Whether Captiues ought to be kept or put to death.

BVt whether Captiues should be slaine, * 1.1 or sa∣ued, it cannot be deter∣mined in one sentence. For otherwhile, they which haue saued them are blamed, and elsewhere some are called backe from slaying them. * 1.2 And God re∣prooueth the crueltie of the Babylonians a∣gainst the Israelites. Furthermore Achab because he spared Benhadab, heard of y^e Pro∣phet: Thy life shall goe for his life, * 1.3 and thy people for his people. And Saul was defeated of his kingdome, because he spared the king of the Amalechites. * 1.4 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 vnto the Prophet that some godlinesse and faith did sticke in their mind. * 1.5 Also he thought it not méete to spare the Prophets of Baal because they were men wholy giuen to vn∣godlinesse, neither woulde they yéelde when they were openly ouercome: nay rather they were alwaies prepared and readie to ampli∣fie and defende most shamefull Idolatrie, wherefore it is néedefull to weigh the offen∣ces. For we account none to be our enemies for any other cause, but that they haue offen∣ded and must be kept vnder subiection. But amōg other things, * 1.6 which lighten or aggra∣uate the fault, are knowledge and ignorance. And that the fault is no small deale lighte∣ned by not knowing of the thing, it is cer∣taine: because séeing it hindereth the will, they which sinne in such wise, séeme not to haue sinned willingly, but rather against their will. But we must vnderstand that ig∣norance 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 vnder∣stand 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. Where∣fore Christ saith: * 1.7 A seruant knowing the will of his Maister & doing it not, shall haue dou∣ble 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 ano∣ther man: and especiallie by him which hath him at commaundement: As were those souldiers which are spoken of in the Bookes of Kings. * 1.8 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 y^e hand of God. For they went not of their owne minde vnto y^e Citie, being populous, & which they might not resist. Besides this also, they came thi∣ther without any harme dooing: For they spoyled not the fieldes, nor fortresses, nor Townes, but followed the Prophet the right waie.

* 1.9 2 Also it must bee vnderstoode that cer∣taine nations were giuen ouer of God, and others were not. God so gaue ouer the Cha∣nanites, as he would haue them to be vtterly destroyed by the Iewes. Wherefore in spa∣ring of them when they had brought them vnder tribute, they most grieuouslie offended God, as it is plainelie testified in the Booke of Iudges. * 1.10 But wheras the Gabionites were forgiuen, * 1.11 that happened by a certaine speci∣all euent. There was a guile wrought, se∣condly there was an othe made, whereby although the Iewes were not bound, yet for reuerence sake of the name of God, GOD would haue 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 ser∣uaunts, (as teach the Romane lawes) are in a great sort of thinges accounted for dead men. * 1.12 But wee note that of the Nations which were not giuen ouer by GOD there was a sundrie consideration had, to wit, ac∣cording 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 vn∣der 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 ex∣tinguished that tribe, leauing verie fewe on liue. By the like example also was that na∣tion brought to destruction vnder Vespasian and Titus, because the Romanes being rea∣die 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 vnto 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 a∣gaine 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 ene∣mies 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 vnto sinne. And not seldome it is that Captiues perish be∣cause 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 haue bin oftentimes forgiuen, and neuerthelesse returne to their kinde, that is, to their olde wicked actes. Of∣tentimes did the people of Rome make as though they knew not of the trecherie of lu∣gurth,

which afterwarde being eftsoones be∣gun a fresh, receiued a iust punishment. They also are not spared, who by iust con∣iecture are suspected, that they will do harme againe vnto 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 Ma∣rius 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 for∣giuen, of whom there is no more dammage to be feared when they be once ouercome. For this cause Aurelianus when he had ouer∣come Zenobia, * 1.13 which inuaded the Empire in Syria, and according to the maner had tri∣umphed 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 haue 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 haue no consideration, either of honestie or of the common weale. Some also are found which spare the multitude of the Enemies, and onely put to death the heads of the euill, and the principalles of wicked acts, to the in∣tent they may be examples vnto 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 conuic∣ted 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 great∣nesse, they discharged him: But on the other side, if the offences and euill acts had excée∣ded, then at length they condemned him and put him to extreme punishment. So it ap∣peareth that Salomon dealt. For when as A∣biathar the Priest had incurred the crime of treason, * 1.14 he said vnto 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 vnto thy fathers landes in Anathothe. This lawe of Conquerours in such sort prouided against enemies, * 1.15 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 some∣time 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 ouer∣come, the thing would be altogether cruell. Wherefore it becommeth an Emperor, (vn∣lesse 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 cal∣led godlie, as we reade in the x. Booke of Ae∣neidos, sorrowed because he had slaine Lau∣sus 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 destroi∣ing of Carthage. Yea and they in old time so tempered themselues from shedding y^e bloud of enemies, as those which were ouercome they put vnder a yoke, * 1.16 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, haue so raged against their enemies, as they haue caused to be slaine, both the guiltie and the innocent one with another. Which hap∣pened vnto Theodosius the great when he was vehemently inflamed with wrath a∣gainst the Thessalonians: which sinne of his Ambrose did most seuerely chastise. They will be prouoked vnto clemencie if they for∣get not that themselues also are men: & that those things which haue happened to the o∣uercome, 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, be∣cause he before his death had made aunswere vnto him, when he boasted of his wealth & happinesse, y^t none might be called happy be∣fore his death. With this saying Cyrus be∣ing

mooued, he not onely 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, * 1.17 was required to decrée what he woulde haue 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 vnto mercie, 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 haue alleaged) ought to haue their mindes so much the readier bent to shew mercie vn∣to them which be ouercome. And thus farre concerning this matter.

Of things vvhich be taken by the right of vvarre.

* 1.18 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 & Postli∣minio reuersis, in the lawe Postliminium, the things that we haue lost in warre, or in the affaires of warre, if we shall afterwarde re∣couer againe, we shall obtaine them by the lawe Postliminium. For so long as they are not recouered, they are possessed by our ene∣mies. 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 some∣what by right of warre. And in the Digestes De acquirendo rerum dominio, in the law Na∣turale, 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 ma∣nifest. So is it also by the lawes of God. A∣braham as it plainely appeareth in the booke of Genesis the 14. Chapter, * 1.19 made warres a∣gainst 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 vnto Melchisedeck. But it had not bin lawfull for him to haue 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, Othoni∣el, Dauid, Salomon, and manie other more possessed by the right of warre. For when those Princes had the victorie, the things ta∣ken from their enemies came to their posses∣sion. But it is not sufficient to make warre, * 1.20 for claiming of somewhat by the right there∣of, but the warre also must be iust: for vn∣lesse 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 re∣spect of y^e fellowship of man should not haue bin denied them, especiallie séeing they had faithfully promised that they woulde not be troublesome vnto any man. This sentence of Augustine the Glosser goeth about to de∣fende, and that by the Ciuill lawes. In the Digestes De Aqua pluuia coercenda, in the lawe In Summa, in the Paragraphe, Item va∣rus, some thing is permitted in another mās grounde, so that it be doone without harme of the possessor. And in the Code De Seruituti∣bus, in the law Per Agrum: Maximianus and Dioclesian doe thus decrée: No man can for∣bid 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 sa∣tisfie me. For that which Augustine speaketh of priuate men, may easilie be admitted: and these things which are brought out of the ci∣uill lawe doe séeme also to bee written con∣cerning

priuate men. * 1.21 But if a man will leade an hoste through another mans Coun∣trie, 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 promi∣ses, then will the lande be in their possession. Vndoubtedly, Iulius Caesar woulde not per∣mit the Heluetians to passe through his pro∣uince, although they promised that they would passe without doing iniurie or harme. But I say that the warre which the Israe∣lites made against Sehon was iust, * 1.22 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 vnto the Is∣raelites. 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 Israe∣lites would doe him harme or no, especially they being so manie in number? For there were sixe hundreth thréescore and sixe thou∣sand armed souldiers and well appointed to the battell. He might perhaps haue permit∣ted them to haue passed and that safelie, al∣though not all of them together, but by bandes. But séeing the first reason before al∣leaged is sufficient, we néede not much to la∣bour about excusing of Augustine.

* 1.23 7 The same Augustine in the 105. Epi∣stle vnto Boniface: In the making of iust warre (saith he) many thinges must be ta∣ken héede of. For it is not sufficient, that the warre be iust, vnlesse also the warre be iust∣lie 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 bla∣meth those souldiers which are more grie∣uous 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 han∣dle the Citizens, and men of the countrie? How shamefull & abhominable thinges doe they commit? He addeth also a third Cau∣tion. Consider with thy selfe that warre must be made vppon a necessitie. Wherefore haue thou alwayes a minde vnto peace. Make warre because thou canst not other∣wise 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 vnto the Corinthians: * 1.24 Deliuer such a one vnto Sathan, for the destruction of the flesh, that the spirit may by saued. * 1.25 And to Timothie he saith, of Hymenaeus and Alexander: I haue deliuered thē to Sathan, that they may learne not to blaspheme. So ought they also to re∣straine princes, to the intent that they may be made y^e better. And Augustine in his 19. * 1.26 booke De Ciuitate Dei, saith that warres, though they be iust, vnto 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 them∣selues, but let mercie 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 vi∣tious, and much more art ouercome both with affections and diseases, than they which are ouercome. And in warre we re∣prooue not the end, but the desire of hurting, the crueltie of reuenging, y^e 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 soul∣diers ought to be perswaded that the warre is iustlie made, and not taken in hand against the word of God: * 1.27 otherwise let them not goe on warrefare. Neither doe I to this ende speake these thinges, because I would haue souldiers to vnderstand the secrets of prin∣ces, but that to their knowledge and wit∣tinglie, they suffer not themselues to fight a∣gainst 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 peo∣ple must obay their prince. And in their so doing it may be doubtfull vnto them, whe∣ther 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. Where∣fore those hyred souldiers cannot be excused, * 1.28 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 haue taken this land by the right of warre, therefore thou vniustlie re∣quirest the same againe of vs.

9 He addeth afterward: Our God hath giuen it vnto vs which is the Lorde and di∣stributer of all humane thinges. * 1.29 He bringeth his Argument from the gift of God. And that God may giue and distribute kingdomes, the verie Ethnick authors sawe. And there∣fore in Virgil, * 1.30 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 haue obtained either of those kingdomes. * 1.31 Augustine in his 5. booke De Ciuitate Dei, the xxi. Chapter: As touching kingdomes (saith he) and prouinces, it is cer∣taine that God distributeth them, both when and how much, and to whome he will: dout∣lesse 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, * 1.32 but yet he promised it af∣ter foure hundreth yeares. Now (saith he) I will not giue it: for the Chananites as yet had not fulfilled their sinnes. I will not cast them out now, but I will tarie till their ini∣quitie 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: * 1.33 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. * 1.34 And in the same Chapter he testifieth that he did cast out the people of Emim, and gaue their kingdomes vnto 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 accompli∣shed 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, * 1.35 which were the first inhabitantes, who going out of Cappadocia destroyed them, and inhabited those Regions in their stead. * 1.36 And in Deute∣ronomie the 32. Chapter, it is written: When GOD by lot diuided the Nations and the people, according to the number of the chil∣dren of Israel. * 1.37 In that it is said to be doone by lot, that is all to be referred to our vnder∣standing, which see not the causes of things. But with God nothing is doone by chance. God hath distributed the Nations, accor∣ding to the number of the children of Israel. Séeing the Israelites were not yet increased when GOD put the people into those Re∣gions: who at the last gaue place vnto the Israelites when they came. Neither ought we to be offended, if by this distribution of∣tentimes tertill and fat landes happen vn∣to the vngodlie. * 1.38 Forsomuch as Augustine in his 4. booke De Ciuitate Dei, the xxxiij. Chapter saith: That giftes, which indure but for a time, * 1.39 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 com∣mon benefite the godlie sort haue this com∣moditie onelie, that they vnderstand that these thinges are not the chéefest gifts, which we ought to looke for: because these are com∣mon both to the good and to the euill. How∣beit, the godlie waite for other more excellent giftes which are not common to the good and euill. Yea, and Daniel saith: * 1.40 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. Nei∣ther dooth he onelie bring men into prouin∣ces, * 1.41 but also setteth Angels to rule ouer them as we there reade, the prince of the Per∣sians 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 Bri∣taines 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 vnto themselues Pan∣nonia, and called the countrie Hungaria. So God distributeth kingdomes, casteth out some, and bringeth in other some, as it sée∣meth good vnto 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 buil∣ded the Tower of Babel: For God dispersed them throughout the whole world.

* 1.42 11 Now will I declare by what meanes God is woont to giue kingdomes. He giueth them of his owne liberalitie, no right com∣pelling him thereto. That is the true man∣ner of gift, which otherwise is not a gift vn∣lesse it be frée. And yet nothing letteth, but that God, by the dueties and obedience of godlie men, may be prouoked to giue. He gi∣ueth in déede manie times thinges vnto god∣lie 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 due∣tie though God giue him nothing. And yet there is a certaine recompensing gift, * 1.43 al∣though it be frée and giuen without any right compelling it: yet because it is after a sort bestowed vpon dueties, it hath a shewe of a reward. * 1.44 So in Ezechiel God gaue a gift vnto the king of Babylon: Because (saith he) he laboured in the siege of Tyre, I will giue vnto him the land of Egypt. There be also amongest men * 1.45 recompenses: when duetie is repayed with duetie. These also are volun∣tarie, neither can they be demaunded by Iu∣ditiall action, and therefore are they coun∣ted among giftes. But we haue nothing which we can giue vnto him: * 1.46 wherefore if we attempt to bring anie thing vnto him, we render vnto him his owne. And so no con∣sideration of merit can be fit for vs towards him: wherefore God giueth liberallie, no lawe compelling him thereunto. Neuerthe∣lesse, * 1.47 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 haue it in the Code De reuocatione donationum. First if they haue con∣ditions annexed vnto them, which haue 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 ceremo∣nies, but also in good manners and holinesse. But séeing this condition was not perfor∣med, God iustly reuoked his gift and led them away captiue: and gaue the land vnto 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 vnto the giuer, the gift is then reuoked. So GOD in Ezechiel complaineth: * 1.48 I haue clothed thee with vestures and garmentes of sundrie co∣lors: thou hast bestowed them vppon Idols, and hast giuen them vnto 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, * 1.49 as it is written to the Romanes: that I graunt, but the chaunging is in vs, and not in God: for if we shall con∣tinue thankfull, and stand to the conditions, the gift would be firme and ratified. Further Paul in that sentence spake of giftes and cal∣ling, which come vnto men by the eternall predestination of God, & not of those which are giuen onely for a time.

12 Dauid in the first Booke of Samuel the 20 Chapter decréed, * 1.50 that the pray should be equally diuided among all: For he iudged it to be a iust thing that they which remai∣ned with the carriage, * 1.51 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 not∣withstanding they were one from another by distance of places, yet were they not seue∣red in fellowship. Further, séeing that they abode still wearie and tyred, and otherwise would haue 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 ouer∣throwen, these men could not haue bin long safe. What if so be that in the meane time, while Dauid was awaie with his, some ene∣mie 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, * 1.52 and had deliuered Lot, he ioined vnto him Abner and Eschol. But they so farre as wee can gather by the historie did not fight. Per∣haps they were left at the carriages. Yet when the enemie was ouerthrowen, Abra∣ham gaue part of y^e praie to them also. And in y^e 31. Chapter of Numerie, when warre was taken in hand against the Madianites, and that out of euerie tribe a thousand were ar∣med through out all the tribes, and the rest remained in their tabernacles, when the victorie was finished, the praie was so di∣stributed, as the first part was yéelded vnto the Tabernacle, the second vnto them that

fought, and the thirde vnto them that remai∣ned in the Campe. * 1.53 And in Leuiticus the Priests which ministred in the Tabernacle, although they did not all minister euerie daie, yet were they all maintained by the ob∣lations. But good ordinances are oftentimes by mens negligence blotted out of remem∣brance. 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.

* 1.54 13 But this question as touching the di∣stribution of the pray, must bee somewhat more deepelie considered. Ambrose in his booke De Patriarcha Abrahamo, (which place also is cited in y^e Decrees the 23. Cause, que∣stion the 5. in the Chapter Dicat) saith that the souldiers take not the praie for them∣selues, but for the Emperour: which things must be distributed among the soldiers, at the Emperours appointment. And the Em∣perour himselfe must retaine for himselfe a part which they call the principall part, sée∣ing otherwise it appeareth scarce equal, that euery man should catch for himselfe as much as he can. For so might it come to passe that euerie drudge or skullian, should light vpon a riche bootie, and that some captaine of soul∣diers 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 y^e Digestes De Ac∣quirendo rerum Domino, in the lawe Natura∣lem, 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 pro∣portion 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, accor∣ding to euerie mans dignitie, valiaunt cou∣rage, and labour, and that the principall por∣tion should be set aside by it selfe: Because that portion was chosen out of the whole praie which the souldiers had caried toge∣ther, and with great triumphe was after∣warde brought into the Treasurie. Why then (saith he) did Dauid part the pray equal∣lie amongst all? Some aunswere, that hée by that meanes would prouide for the com∣mon peace of the souldiers, and to quenche enuie. For they would all haue 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 haue bin hard to giue 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 cre∣dible that he would abolish the Geometri∣call proportion: or if that God gaue the vic∣torie, that therefore he would exclude iust or∣der: in as much as God commaunded to re∣taine that, euen in those things which were specially giuen by him. For in the distribu∣ting of almes, he would haue 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 propor∣tion of iustice. * 1.55 For in the Gospell the Lorde gaue more vnto him that had gained fiue ta∣lents, than vnto him which had gained one∣ly one. Wherefore I thus affirme, that Da∣uid diuided not the pray equally, but had a consideration of the soldiers. Nay rather (wilt thou saie,) the letter Caph being dou∣bled, 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. Wher∣fore in my iudgement this is the meaning: That Dauid indéed gaue of the pray vnto all, but yet that he had a consideration what eche one had deserued. And thus the law was iust, which otherwise might haue séemed vniust.

Notes

• * 1.1

  In 2. kings. 6. ver. 22.
• * 1.2

  Zach. 1. 15.
• * 1.3

  1. kings. 20. 42. 1. Sa. 15. 23.
• * 1.4

  That ene∣mies must sometime be killed and some∣time spa∣red. 2. kings. 1. 9. & 15.
• * 1.5

  1. kings. 18. 40.
• * 1.6

  By what things a fault is ey∣ther aggra∣uated or lightened.
• * 1.7

  Luk. 12. 47.
• * 1.8

  2. kings. 6. 14.
• * 1.9

  What nati∣ons were prescribed by God. Deut. 7. 1.
• * 1.10

  Iud. 1. & 2.
• * 1.11

  Iosua. 9. 5.
• * 1.12

  What we are to af∣firme con∣cerning na∣tions not prescribed.
• * 1.13

  Zenobia.
• * 1.14

  1. kings. 2. 26.
• * 1.15

  The large right of con∣querors re∣strained by certaine good Em∣perors.
• * 1.16

  Titus Liuius.
• * 1.17

  Eccle. 1. 2.
• * 1.18

  In Iud. 11.
• * 1.19

  Verse. 14.
• * 1.20

  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.
• * 1.21

  Whether passage ought to be graunted to a straunge armie.
• * 1.22

  The Israe∣lites made iust warre against Se∣hon.
• * 1.23

  Augustine. What must be taken héede of in iust wars.
• * 1.24

  1. Cor. 5. 5.
• * 1.25

  1. Tim. 1. 20.
• * 1.26

  Augustine.
• * 1.27

  Whether souldiers ought to be pr••ne to the cause of the warre.
• * 1.28

  Against mercenarie souldiers.
• * 1.29

  Iud. 11. 21. God is the distributer of king∣domes.
• * 1.30

  Virgil.
• * 1.31

  Augustine.
• * 1.32

  Gen. 15. 13
• * 1.33

  Verse. 12.
• * 1.34

  Verse. 10.
• * 1.35

  Deut. 2. 23.
• * 1.36

  Deut. 32. 8.
• * 1.37

  What is meant by saying that the king∣doms were distributed by lot.
• * 1.38

  Augustine.
• * 1.39

  Matt. 5. 45.
• * 1.40

  Dan. 2. 20.
• * 1.41

  Dan. 10. ver. 13. & 20.
• * 1.42

  God distri∣buteth kingdomes of his mere liberalitie.
• * 1.43

  A recom∣pensing gift
• * 1.44

  Eze. 29. 18.
• * 1.45

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.46

  We haue nothing that we can giue vnto GOD.
• * 1.47

  Whether such gifts may be re∣uoked.
• * 1.48

  Eze. 16. 10. &c.
• * 1.49

  The gifts of God are without re∣pentance. Ro. 11. 29.
• * 1.50

  In 1. Sam. 30. ver. 21.
• * 1.51

  For what causes the appoint∣ment of Dauid was iust.
• * 1.52

  Gen. 14. 24
• * 1.53

  Leuit. 6. 29. Leui. 22. 10
• * 1.54

  Of the di∣stribution of a pray.
• * 1.55

  Matt. 25. 14. &c.