Commentary on the Law of Prize and Booty. Hugo Grotius
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of Christ’s life which proves that we are truly Christians.e Let us grant that we are brothers; but, unless I am mistaken, it is right that I should repulse with arms a brother who is eager to slay me and who is already brandishing his weapons!
Formal Exposition of Article IV
Therefore, according to every kind of law, it is permissible to wage war. For we have already made it sufficiently clear that warfare is compatible with divine law, that is to say, with the law of nature and the law of nations; and the precepts of these two bodies of law certainly cannot be invalidated by civil law.a As Cicerob observed, civil precepts do not necessarily form a part of the law of nations, but the precepts of the latter ought to be recognized as a part of civil law. For even citizens, since they are also human beings, should desire what all humanity desires; and as human beings, representing the handiwork of God, they are obliged to obey the dictates imposed by Him through nature. Furthermore, wars have a bearing not only upon the safety of individuals, but also upon the defence of the state and its magistrates. It is for this reason that there is no state which has refrained entirely from establishing some provision relative to the law of war. As a matter of fact, the most illustrious legislators have devoted a chief part of their labours to the task of decreeing rewards for the brave and punishments for the cowardly. Roman law, indeed, is justly regarded as having attained to the highest degree of perfection in the magnitude and long duration of its sway; and if we search this field for the authoritative opinions of jurists and the imperial regulations of the Caesars, we shall find whole chapters [16] “Concerning Captives and Postliminium,” “Concerning Military Matters,” and “Concerning Veterans,” as well as others dealing with the privileges accorded to soldiers.c Again, if we turn to the papal Decrees,d many of these will be found—whether issued by the pontiffs themselves or assembled from the statements of ancient writers—which quite clearly proclaim the justice of wars.
First Informal Exposition of Article I
Now let us consider the testimony of Holy Writ. Although this method of proof is ἄτεχνον, “not derived from the art [of logic],” it is indeed by far the most certain method. For just as the Will of God—constituting the norm of justice, as we have already indicated—is revealed to us through nature, so also is it revealed through the Scriptures.
But God has commanded that wars be waged, as undertakings congruous with His Will,a and has furthermore declared Himself to be their Author and Aid.b He has even accepted the appellation “a man of war” as appropriate to His own majesty.c This same point is borne out by the divinely inspired pronouncement of the high priest who assured Abraham that God had delivered Abraham’s enemies into his hands;d and also by the words of the wise woman Abigail,e addressed to King David: “. . . my lord fighteth the battles of the Lord.” Indeed, the very fact that God endowed the state established by Himself with this institution of war,f as a form of defence, alone affords sufficient proof that the said institution is just and should be adopted by other nations whenever a like reason exists. Moreover, I believe all sane men will agree that he who lays down laws to regulate a given act does not disapprove of the act itself, and that this is especially true as applied to God, who does nothing without purpose or erroneously. Yet God prescribed regulations for warfare, through Moses,g and again, through the forerunner of Christ, as recorded in the New Testament.h With reference to the latter passage, Augustinei says: “. . . if Christian doctrine condemned all wars, [the soldiers] who sought [ John’s advice], according to the Gospel [of Luke], would have received, instead [of the advice they did receive], the following counsel of salvation: that they should cast away their arms and withdraw completely from military service. The counsel given them, however, was this: ‘Do violence to no man . . .; and be content with your wages.’ Surely [ John] was not prohibiting military service for those to whom he addressed the precept that their due wage [as soldiers] should suffice.”
Second Informal Exposition of Article I
The principle stated above1—namely, that he to whom a given end [16′] is pleasing, cannot be displeased by what is necessary to that end—may be deduced from authoritative passages no less than by a logical process, since all of the laws thus far propounded are also inscribed in Holy Writ. For He who bids us love our neighbour as ourselves,a gives first place to the true love of self, regarded as the πρωτότυπον, or prototype, whose ἔκτυπος, or image, is love for others.b If we combine this maxim with the precept laid down by the Creator for mankind,c we shall arrive not only at the conclusions incorporated in the First and Third Laws, but also at those expressed in the Second and Fourth.2 Indeed, since we are admonished by God to deliver them that are drawn unto death,d we are under a particularly solemn obligation to deliver ourselves. Yet again, we are bidden to “give to him that needeth,”e and therefore we are bidden to avert need from ourselves. The Fifth and Sixth Laws, too, are implicit in these passages: “Divers weights, and divers measures, both of them are alike abomination to the Lord”;f “. . . with what measure ye mete, it shall be measured to you again”;g “And as ye would that men should do to you, do ye also to them likewise”h (what ye would not have done unto you, do ye not unto others).i, 3 Christ does indeed show us that the law of nations requires that good be done to the doers of good; yet He also says: “. . . all they that take the sword shall perish with the sword.”a This same doctrine was expressed in the Old Law,b which goes so far as to prohibit us strictly from showing compassion to evildoers. But it often happens that, owing to the power of our adversaries, we are unable to defend ourselves and our possessions, exact that which is due us, or enforce punishment, save by resorting to armed force. Therefore, it is permissible to wage war.
Other laws, too, are found to have a firm foundation in the Sacred Scriptures. For example, when the advantages of social organization are pointed out to us [in the Book of Ecclesiastes],c we acquire an understanding of the origin of the state; just as we come to understand the sanctity of magistrates, when Pauld asserts in no uncertain terms that magistrates “are ordained of God.” From this same source the force of civil laws is derived, as is the power of judgement, given from above by Jesus Himself,e the Author thereof. Thus Divine Wisdom—of which all human wisdom is but ἀπορρώξ, “a fragment,” or offshoot, as it were—is represented as saying:f “Counsel is mine, and sound [17] wisdom: I am understanding; I have strength. By me kings reign, and princes decree justice. By me princes rule, and nobles, even all the judges of the earth.” Again, what could be clearer than the exhortation of Paul?g “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. Wherefore ye must needs be subject, not only for wrath, but also for conscience sake.” In all the works of the philosophers—howsoever numerous and wheresoever found—there is no finer passage regarding the justice of magistrates. Do you ask who is the [true] author of this exhortation? The Author is God. For what purpose is it formulated? For your own good. And since God wills that the authority of magistrates shall be sacrosanct, does He not also approve of arms, whereby at times that authority must be defended? But will God extend to magistrates an avenging sword for use against unarmed culprits while refusing to give them a weapon against culprits who are armed, thus affording grounds for that incitement to all wickedness, the belief that “Whatever sin is committed by the many, goes unpunished”?a By no means! For the individual who sins alone ought not to be in a worse position than those persons who add to their own direct transgressions another evil—namely, the exposure of many people to the contagion of crime, and attack by open violence upon the laws and the public peace—and who are not