Jews in the like case,6 have recourse to stripes or drubbing, the most common
chastisement used in the east at this day, as well as formerly; the cudgel,
which for its virtue and efficacy in keeping their people in good order, and
within the bounds of duty, they say came down from heaven, being the
instrument wherewith the judge's sentence is generally executed.7
Notwithstanding the Korân is by the Mohammedans in general regarded as the
fundamental apart of their civil law, and the decisions of the Sonna among the
Turks, and of the Imâms among those of the Persian sect, with the explications
of their several doctors, are usually followed in judicial determinations, yet
the secular tribunals do not think themselves bound to observe the same in all
cases, but frequently give judgment against those decisions, which are not
always consonant to equity and reason; and therefore distinction is to be made
between the written civil law, as administered in the ecclesiastical courts,
and the law of nature or common law (if I may so call it) which takes place in
the secular courts, and has the executive power on its side.1
Under the head of civil laws may be comprehended the injunction of warring
against infidels, which is repeated in several passages of the Korân,2 and
declared to be of high merit in the sight of GOD, those who are slain fighting
in defence of the faith being reckoned martyrs, and promised immediate
admission into paradise.3 Hence this duty is greatly magnified by the
Mohammedan divines, who call the sword the key of heaven and hell, and
persuade their people that the least drop of blood spilt in the way of GOD, as
it is called, is most acceptable unto him, and that the defending the
territories of the Moslems for one night is more meritorious than a fast of
two months:4 on the other hand, desertion, or refusing to serve in these holy
wars, or to contribute towards the carrying them on, if a man has ability, is
accounted a most heinous crime, being frequently declaimed against in the
Korân.5 Such a doctrine, which Mohammed ventured not to teach till his
circumstances enabled him to put it in practice,6 it must be allowed, was well
calculated for his purpose, and stood him and his successors in great stead:
for what dangers and difficulties may not be despised and overcome by the
courage and constancy which these sentiments necessarily inspire? Nor have
the Jews and Christians, how much soever they detest such principles in
others, been ignorant of the force of enthusiastic heroism, or omitted to
spirit up their respective partisans by the like arguments and promises. "Let
him who has listed himself in defence of the law," says Maimonides,7 "rely on
him who is the hope of Israel, and the saviour thereof in the time of
trouble;8 and let him know that he fights for the profession of the divine
unity: wherefore let him put his life in his hand,9 and think neither of wife
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