ΙΟ CXLVII. WAR. 1. Do not undervalue an enemy by whom you have been worsted. When our countrymen came home from fighting against the Saracens, and were beaten by them, they pictured them with huge, big, terrible faces, (as you still see the sign of the Saracen's head is) when in truth they were like other men. But this they did to save their own credits. 2. Martial law in general, means nothing but the martial 10 law of this or that place; with us 'tis to be used in fervore belli, in the face of the enemy, not in time of peace; then they can take away neither limb nor life. The commanders need not complain for want of it, because our ancestors have done gallant things without it. 1. II. In the face of the enemy, not in time of peace] The billeting of great companies of soldiers and mariners, and the appointment of special commissioners to deal summarily, 'as is agreeable to martial law,' with them or with other dissolute persons joining with them to commit murder, robbery, felony, mutiny, or other outrage or misdemeanour, are among the grievances set down in the 'Petition of Right' of 1628. The result of them is said to have been the illegal execution of some persons by the commissioners, and the escape of 'sundry grievous offenders,' against whom the judges refused to proceed 'upon pretence that the said offenders were punishable only by martial law,' &c. Somers, Historical Tracts, vol. iv. pp. 118, 119. There are several speeches of Selden's on this matter, in which he argues and brings proof that in time of peace there can be no martial law; that wherever the sheriff in the county can execute the king's writs, there it is time of peace, though in other parts there be war; that in time of peace, so defined, soldiers are under the common law; and that martial law, where it legitimately exists, is not the abrogation of law but proceeds by settled rules. Works, iii. 1986 ff. The subject was fully discussed in Parliament by several other speakers, and the proclamation of martial law in time of peace was condemned as unconstitutional and illegal. Rushworth, Collections, vol. iii. Appendix, p. 76. 3. Question. Whether may subjects take up arms against their prince? Answer. Conceive it thus; here lies a shilling betwixt you and me; tenpence of the shilling is yours, twopence is mine by agreement: I am as much king of my twopence, as you of your tenpence: if you therefore go about to take away my twopence, I will defend it; for there you and I are equal, both princes. 4. Or thus; two supreme princes meet; one says to the [5. To know what obedience is due to the prince, you 1. 1. Whether may subjects &c.] The right of subjects to take up arms against their Prince was a natural subject of discussion in Selden's day. The clergy pronounced against it. The new Canons of 1640, put out by the two Synods and accepted and endorsed by the King, speak very decidedly about it. For subjects to bear arms against their Kings, offensive or defensive, upon any pretence whatsoever, is at least to resist the powers which are ordained of God; and though they do not invade, but only resist, St. Paul tells them plainly, they shall receive to themselves damnation.' Constitutions and Canons Ecclesiastical, sec. 1. Wilkins, Concilia, iv. 545. It was one of the charges against Archbishop Laud that he had ordered the clergy to preach in the above sense four times in the year. This order appears in the preface to the first Canon, and the doctrine thus approved is defended at length in Laud's own history of his troubles and trial. Conf. Laud's Works, vol. iii. pp. 366-370. 0.1 ΤΟ 6. Question. What law is there to take up arms against the prince, in case he break his covenant? Answer. Though there be no written law for it, yet there is custom, which is the best law of the kingdom; for in England they have always done it. There is nothing expressed between the king of England and the king of France, that if either invades the other's territory, the other shall take up arms against him; and yet they do it upon such an occasion. 7. 'Tis all one to be plundered by a troop of horse, or to have a man's goods taken from him by an order from the Council-table. To him that dies, 'tis all one whether it be by a penny halter, or a silk garter; yet I confess the silk garter pleases more; and, like trouts, we love to be tickled to death. 8. The soldiers say they fight for honour; when the truth is they have their honour in their pocket. And they mean the same thing that pretend to fight for religion. Just as a parson goes to law with his parishioners, he 20 says, for the good of his successor, that the church may not lose its right; when the meaning is to get the tithe into his own pocket. 9. We govern this war as an unskilful man does a casting-net; if he has not the right trick to cast the net off of his shoulder, the leads will pull him into the river. I am afraid we shall pull ourselves into destruction. 10. We look after the particulars of a battle, because we live in the very time of the war. Whereas of battles past, we hear nothing but the number slain. Just so for the 30 death of a man; when he is sick, we talk how he slept this night, and that night; what he eat, and what he drank : but when he is dead, we only say, he died of a fever, or name his disease; and there's an end. II. Boccaline has this passage of soldiers; they came to 1. 34. Boccaline has this passage &c.] This is not quite correct. Apollo to have their profession made the eighth1 liberal science, which he granted. As soon as it was noised up and down, in came the butchers, and they desired their profession might be made the ninth: for, say they, the soldiers have this honour for killing of men; now we kill as well as they; but we kill beasts for the preserving of men, and why should not we have honour likewise done us? Apollo could not answer their reasons, so he reversed his sentence, and made the soldier's trade a mystery, as the butcher's is. 1 The eighth] the eigth, H. and H. 2. ... The passage is as follows:- The precedency between Arms and Learning is still obstinately disputed on both sides, between the Literati and Military men in Parnassus. And it was resolved in the last Ruota that the question should be argued if at least the name of Science and Discipline might be attributed to the exercise of war. . . . The business was very subtilly canvassed and argued, and the Court seemed wholly to incline to the Literati; but the Princes used such forcible arguments, as it was resolved that military men in their exercise of war might use the honourable names of science and discipline. The Literati were much displeased at this decision . . . when unexpectedly all the Butchers of the world were seen to appear in Parnassus; ... all besmeared with blood, with hatchets and long knives in their hands.... Apollo, that he might know what they meant, sent some Deputies to them. To whom those butchers stoutly said, that hearing that the Court had decided that the art of sacking and firing of cities, of cutting their inhabitants in pieces... and of calling with sword in hand, mine thine, should be termed a science and discipline, they also, who did not profess the killing of men . . . but the killing of calves and muttons to feed men withal, demanded that their art might be honoured by the same illustrious names. . . . The same Signori Auditori di ruota, when they saw the butchers appear in the Palace, and heard their demand, they were aware of the injustice which but a little before they had done to all the Virtuosi by their decision; wherefore they again propounded the same question, and unanimously agreed, that the mysterie of War, though it were sometimes necessary, was notwithstanding so cruel and so inhumane, as it was impossible to honest it with civil terms.' Boccalini, Advertisements from Parnassus, Century 1. Advert. 75. Trans. by Henry, Earl of Monmouth, p. 143. ΙΟ CXLVIII. WIFE. I. HE that has a handsome wife, by other men is thought happy; 'tis a pleasure to look upon her, and be in her company; but the husband is cloyed with her. We are never content with what we have. 2. You shall see a monkey sometime that has been playing up and down the garden, at length leap up to the top of the wall, but his clog hangs a great way below on this side: the bishop's wife is like that monkey's clog; 10 himself is got up very high, takes place of temporal barons; but his wife comes a great way behind. 3. 'Tis reason a man that will have a wife should be at the charge of all her trinkets, and pay all the scores she sets on him. He that will keep a monkey, 'tis fit he should pay for the glasses she breaks. CXLIX. WISDOM. 1. A WISE man should never resolve upon anything, at least never let the world know his resolution; for if he cannot arrive at that, he is shamed. How many things did 20 the king resolve in his declaration concerning Scotland, never to do, and yet did them all? A man must do according to accidents and emergences. 2. Never tell your resolution before-hand; but when the cast is thrown, play it as well as you can to win the game you are at. 'Tis but folly to study how to play size-ace, when you know not whether you shall throw it or no. 3. Wise men say nothing in dangerous times. The lion, |