The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ...

X. Priests and Students to be spared.

What we have said of Women and Children, may also be said of all men generally, whose manner of life is altogether abhorrent from deeds of Arms, Jure Belli in armatos repugnantesque caedes; By that Right of War which is most agreeable to the Law of nature, they only are to perish by the sword, who have actually taken up the sword.* 1.1 Where there is no power to resist, there can be no cause of revenge. So Josephus, It is but just and equal that they that take up arms, should be punished by Arms, but the innocent should always be indemnified. Thus Camillus in Livy when he had taken Veji,* 1.2 commanded his Souldiers to spare every man whom they found unarmed. And among these, they are in the first place to be spared, who are conversant about things sacred and holy: for anciently, it

was the general custom of all Nations to exempt such from bearing Armes; and for that cause were they also priviledged from the Force of Armes.* 1.3 For seeing they could do no violence, therefore was no violence done unto them. Though the Philistines were mor∣tal Enemies to the Jews, yet did they forbear to use any violence to the College of the Pro∣phets at Gaba. So we read of David, that he fled with Samuel to another place, where there was such another Colledge of Prophets, as to a place of refuge against all hostile vio∣lence, 1 Sam. 19.18. Hircanus, when he besieged Hierusalem, sent Sacrifices to the Tem∣ple; as the Jews testifie. And the Goths are commended by Procopius for sparing the Priests that belonged to the Church of S^t Peter and S^t Paul, being situate without the Walls of Rome.* 1.4 Plutarch records it of the Cretians, That though they were embroiled in Civil Wars, yet did all Parties carry themselves inoffensively towards their Priests, and to∣wards those that had the charge of burning the Dead.* 1.5 It is observed by Strabo, That when all Greece was harassed with Intestine Wars, the Aeleans being consecrated to Jupiter, together with those that came to sojourn with them, lived in great peace and security. And Servi∣us upon the seventh of Virgil's Aeneads, speaking of a Reverend Old Priest, saith, Eum de∣fendebat à Bello, si non Aetas, saltem Religio Sacerdotis; That he was priviledged from all vi∣olence,* 1.6 if not by his Age, yet in respect of his Priesthood. In like manner also they that went up to try their Fortunes at the Olympian, Pythian, Nemaean and Isthmian Games, though it were in the time of War,* 1.7 were on all sides protected. The like Priviledges and Im∣munities from the calamities of War were due unto such as, though no Priests yet, do voluntarilily sequester themselves from worldly Affairs, giving themselves up wholly to piety and devotion. For whom the Ecclesiastical Canons (grounded upon natural equity) do make the same provision as they do for Priests. To these also we may add those who spend their time in either the invention or perfection of such arts as are useful or necessa∣ry for humane Society. Wherefore Protogenes being demanded by Demetrius, How he durst trust himself without the Walls of Rhodes? Answered, That he knew Demetrius warred against the Rhodians, not against Arts.

Notes

• * 1.1

  Livy l. 28. Ant. 12. c 3.
• * 1.2

  Lib. 5.
• * 1.3

  〈◊〉〈◊〉 10.5.
• * 1.4

  Quaest. Graec.
• * 1.5

  Lib. 8.
• * 1.6

  Polyb. l. 4.
• * 1.7

  Thucyd. l. 5. & 8 Plut. Arat.