Goodness and Power So that he is able to give unto those that obey him greatest Rewards and eternal being himself eternal and may be believed willing and much the more if he hath expresly promis'd it Which we Christians convinced by undoubted testimonies do believe This is now another fountain of Law beside that natural coming from the free will of God to which that we ought to be subject our own understanding doth irrefragably dictate to us Moreover that natural Law of which we have spoken whether it be the Social or that which is more largely so called though it proceedeth from principles internal to man yet it may deservedly be asscrib'd to God because it was his will that such principles should be in us in which sense Chrysippus and the Stoicks said The Original of Law came from no other Head but Jupiter Adde that God by Laws given hath made the said principles more conspicuous even to men of Weaker minds and those impetus and passions regarding our selves and others and drawing us several ways He hath forbid to wander regulating their vehemency and keeping them in compass And the sacred Historie besides that which consists in precepts doth not a little excite that social affection by shewing that all men are descended from the same first Parents so that in this sense may be rightly said what Florentinus said in another Nature hath made us all Kinsmen Whence it follows that 't is impiety for one man to be treacherous to another Among men Parents are as it were Gods to whom therefore not an infinite but a peculiar observance is due And further being it is a point of the Law of Nature to stand to Covenants for some way of binding themselves was necessary among men nor can any other natural way be imagined from this very fountain Civil Laws have flowed For they that had joyned themselves to any Assembly or subjected themselves to Man or Men had either expresly promis'd or by the nature of the business ought to be understood to have promis'd tacitly That they would follow what either the major part of the Assembly or Those to whom power was given had constituted Wherefore what Carneades and others say That Utility is even the Mother of Justice and Equity if we speak accurately is not true For the mother of Natural Law is humane nature it self which would carry us to a desire of mutual society though we wanted nothing but the mother of Civil Law is the very obligation by consent which having its vertue from the Natural Law Nature may be call'd the Grandmother of this Law also But to Natural Law Utility is added for the Author of Nature was pleased we should be weak singly and stand in need of many things usefull to our life that we might the more vigorously embrace Society To the Civil Law Utility gave occasion for that consociation or subjection aforesaid began to be ordained for some Utilities sake And they that prescribe Laws to others are wont or ought to respect some Utility therein But as the Laws of every Common wealth respect the interest and profit of the same so between Common-wealths either all or most some Laws may have arisen from Consent and it appears they have arisen which might respect the Interest not of several Societies but of the Whole And this is that which is call'd the Law of Nations as oft as that name is distinguisht from Natural Law Which kind of Law Carneades omitted distributing all Law into Natural Law and the Civil Law of single Nations when yet being to treat of that Law which is common to Nations one with another for he added a discourse of War and things got by War he ought by all means to have mentioned the same And it is another errour of Carneades to traduce Justice by the name of Folly For as by his own confession the Citizen is not a fool who follows the Civil Law in the Common-wealth though for his reverence unto it he must omit some things profitable to himself So neither is that people foolish that value not so much their own Interest as to neglect therefore the Common Law of Nations The reason is the same in both For as a Citizen who breaks the Civil Law for his present Commodity breaks that wherein his own and his posterities perpetual benefit is contain'd Even so a people violating the Laws of Nature and Nations destroy the muniments of their own Tranquillity for the future Again though no profit were expected out of the observation of Law yet were it a point of Wisdome not of Folly to be carried unto that to which we feel our selves directed and enclined by our nature Wherefore neither is that which one hath in Plato Laws were found out through fear of receiving injury and Men are forcibly drawn to advance justice universally true For that pertains onely to those Institutes and Laws which are invented for the more facile execution of Law as Many weak of themselves that they might not be opprest of the stronger conspir'd to institute and by united force to maintain Courts of Justice that all together might prevail against those they could not match single And in this sense may that Saying be well taken Law is that which pleaseth the Stronger conceiving Law to want its external end unless it have Force to back it as Solon did very great matters joyning Might and Right together as he said himself Yet doth not Law though destitute of Force want Effect altogether for Justice brings security to the Conscience Injustice torments and tearings such as Plato describes in the breasts of Tyrants Besides the consent of honest man approves of Justice condemns Injustice And which is the greatest of all this hath God for an Enemy that for a Friend who doth so reserve his judgements after this life that he often too represents the power of them even in this life as Histories do shew by many examples Now whereas Many require not that justice in a State or Governour which they exact of private Men the Cause of that errour is first in that they consider nothing in the Law but the Profit arising thence Which is evident in single Citizens unable to defend themselves but great Cities and States seeming to contain all things in themselves which are needfull for the well supporting of life seem not to have need of that virtue that looks abroad and is called Justice But not to repeat what was said that Law was not onely provided for profits sake there is no Common-wealth so strong that may not sometime stand in need of help from without either for commerce or also for repelling the Forces of many forein Nations united together against it Whence we see the most potent States and Kings have desired Leagues all virtue whereof is taken away by those that confine Law within the bounds of a City It is most true Take away Law
unjust that he should be guiltless who slew the man-slayer This after Courts of Justice were established was upon very great reasons restrained to the Judges only yet so that some Print of the former custom was seen even after Moses Law in his right who was the next Kinsman to the person slain We have no mean Author to countenance our interpretation Abraham who being not ignorant of the Law given to Noah took arms against the four Kings not doubting but his enterprize was very reconcilable with that Law And Moses too gave order that the Amalekites violence should be withstood by Arms using the right of nature for it appears not that God was consulted with in this Moreover capitall punishments it appears were used not against man-slayers only but other Malefactors and that as well among the holy people as other nations By the aid of naturall reason having some ground to make conjecture of the divine will they proceeded from like to like and collected that the constitution against the man-slayer might extend also to other notorious and great offenders For some things there are equall unto life as reputation virginall chastity conjugall fidelity or without which life cannot be secure as reverence to authority whereby society is preserved Offenders against these seem no better than man-slayers Hither pertains an old tradition extant among the Hebrews that more Laws were given unto Noah's Sons by God but Moses did not relate them all because it was sufficient for his purpose that they were after comprehended in the peculiar Law of the Hebrews so against incestuous Marriage there was extant an old Law though not remembred by Moses in its place as appears Levit. 18. And among the Laws God gave to Noah's children this also they say was decreed that not only homicides but adulteries incests and rapes should be punished with death which is confirmed by the words of Job Also the Law given by Moses addes unto the capitall sanctions reasons that are of no less value among others then among the Hebrew people peculiarly it is said of homicide that the earth cannot be purged but by the blood-shed of the man-slayer Besides it is absurd to think the Hebrew people were allowed to secure their Government and the publick and private safety by capitall punishments and to bear Arms for their own defence but other Kings and Nations at the same time were not allowed to do so and yet were never admonisht by the Prophets for using capital punishments and making VVar as they were oft reprov'd for other sins Yea on the contrary who would not believe seeing Moses Judicial Law is an express of the divine pleasure other Nations who would take a Copy thence did well and wisely as it is probable the Greeks especially the Athenians did whence there is so great similitude in the old Attick Law and the of-spring thereof the Roman of the 12. Tables with the Hebrew Laws This is enough to shew that the Law given to Noah is not of such a sense as they would have it who impugn all VVars by that Argument XIII Of the Gospel-Law THe objections against VVar taken out of the Gospel have a greater shew in the examination whereof I will not say with many that in the Gospel beside the precepts of Faith and the Sacraments nothing else is found but what is of Natural Law for as most understand this it is not true This I willingly acknowledge in the Gospel nothing is commanded us which hath not a natural honesty and comeliness but that we are not further obliged by the Laws of Christ than we are by natural Law I cannot grant It is marvellous to see what pains they take why are in the other opinion to proove the things forbidden by the Law of Nature which by the Gospel are made unlawfull such as are concubinacy divorce prolygamy Things indeed of such nature that to abstain from them reason it self tells us is more honest and becomming Yet not such as contain in them set the divine Law aside any apparent wickedness And who can say nature hath bound us to that which the Christian Law gives in precept to lay down our lives for the brethren It is a saying of Justin Martyr To live according to nature is his duty whâ—… hath not yet attained to the Faith of Christ. Neither will I follow their conjecture who suppose Christ in his Sermon on the Mount was only an Interpreter of Moses Law These words of his so oft repeated have another sound Ye have heard that it hath been said to them of old but I say unto you Which opposition and the Syriack and other versions proove the truth of that reading to them not by them of old Those of old or the antients were no other than they that liv'd in Moses time for the commands rehearsed as spoken to the antients are not the sayings of the Lawyers but of Moses either word for word or at lest in sense Thou shalt not kill Whosoever shall kill shall be in danger of judgement Thou shalt not commit adultry Whosoever shall put away his Wife let him give her a writing of divorcement Thou shalt not forswear thy self but shalt perform unto the Lord thine oaths An eye for an eye and a tooth for a tooth understand thou mayst require in the Court of judgement Thou shalt love thy neighbour i. e. the Israelite and hate thine enemy i. e. the seven Nations to whom they might not shew friendship nor pitty to these the Amalekits are to be added against whom the Hebrews are commanded to have VVar for ever But to understand the words of Christ we must note that the Law given by Moses may be taken two ways according to what it hath common with other Laws made by men restraining the greater offences with fear of open punishments and hereby containing the Hebrew people in the state of civil society in which sense it is called the Law of a carnal Commandement and the Law of Works Or according to what is proper to the divine Law as it requires also purity of mind and some acts which may be omitted without temporall punishment in which sense it is called a spiritual Law re oycing the heart Now the Lawyers and Pharisees contenting themselves with the formâ—… part neglected the second which is the better part nor did they inculcate it into the people The truth of this appears not only in our Books but in Josephus also and the Hebrew Masters Moreover as to this second part we must know the vertues exacted at the hands of Christians are either commended or commanded to the Hebrews also but surely not commanded in the same degree and latitude as they are to Christians In both senses Christ opposes his precepts to the old ones whence it is manifest his words contain more than a naked Interpretation The knowledge whereof
had not been introduced for life members liberty would yet be proper to every one and therefore could not without injury be invaded by any other And to make use of what is common and spend as much as may suffice nature would be the right of the occupant Which right none could without injury take away This is more plain since by Law and use Dominion is established which I will express 〈◊〉 Tullies words If every member shoulâ—… think to gather more strength by drawing to it self the strength of the member next it the whole body must needs 〈◊〉 weakned and destroyed So if every one of us snatch unto himself the commodities of other men and draw away from every one what he can to advantage himself humane society cannot stand Nature gives leave to every man in the acquisition of things usefull to supply himself before another but by the spoili of another to encrease his own store that nature doth not permit It is not then against society to provide for one self so that anothers right be not diminished nor is that violence unjust which doth not violate the right of another as the same Author saith Of the two kinds of contention by debate and by force the one agreeing to men the other more becoming beasts we must fly unto the later when the former will not serve And elsewhere What is there that can be done against force but by force Ulpian saith Cassius writes that it is by nature lawfull to repell force by force and arms by arms XI Further proof out of the sacred History that all War is not against the Law of Nature THis is further proved out of the sacred History For when Abraham having armed his servants and friends pursued the four Kings that had spoiled Sodom and returned with victory God by his Priest Melchizedeck approv'd his action Blessed be the most high God said Melchisedeck who hath deliver'd thine enemies into thine hand Abraham as appears by the story had taken Arms without any special commission from God therefore the Law of Nature was his warrant whose wisdom was no less eminent than his sanctity even by the report of aliens namely of Berosus and Orpheus The History of the seven Nations whom God gave up to be destroyed by the hand of Israel I shall not use because there was a special mandate to execute Gods judgement upon people guilty of the greatest crimes Whence in the Scripture these VVars are properly called the VVars of God undertaken by his command not by humane Counâ—…el It is more pertinent that the Hebrews under the conduct of Moses and Joshua when they were opposed by the Amalekites repulsed them by Armies The Action was not set upon by Gods command yet was it approved by him after it was done Moreover God hath prescribed to his people general and perpetual Laws of waging VVar thereby shewing VVar may be just even without his special mandate For he doth plainly distinguish the cause of the seven Nations from the cause of other people and prescribing nothing about the just causes of entring into VVar thereby shews them to be manifest enough by the light of nature as tâ—…e cause of defending the frontiers in the VVar of Jephtha against the Ammonites and the cause of Embassadors violated in the VVar of David against the same It is also to be noted which the divine writer to the Hebrews saith that Gedeon Baruc Sampson Jephtha David Samuel and others by Faith overthrew Kingdoms prevailed in VVar put to flight the Armies of Aliens Where in the name of Faith as we learn by the series of that discourse is included a persuasion whereby is believed that the thing done is pleasing unto God So also the wise woman saith of David that he fought the battails of God that is pious and just XII That War is not contrary to the voluntary Divine Law before the time of the Gospell THe greatest difficulty lies in this point concerning the positive Divine Law Nor may any object the Law of Nature is immutable and therefore nothing could be constituted by God to the contrary for this is true in things commanded or forbidden by the Law of Nature not in things permitted only which things being not properly of the Law of Nature but without it may be either forbidden or commanded First then against VVar is brought by some that Law given to Noah and his posterity And surely saith God Your blood of your lives will I require at the hand of every beast will I require it and at the hand of man at the hand of every mans Brother will I require the life of man Who so sheddeth mans bloud by man shall his blood be shed for in the image of God made he man Here do some most generally understand that which is said of requiring blood and what is said of shedding blood for blood they will have to be a commination not an approbation I can allow of neither for the prohibition not to shed blood is not of larger extent than that in the Law Thou shalt not kill and this 't is manifest hath neither taken away capitall punishments nor VVars VVherefore both this Law and that doth not so much constitute any new thing as declare and repeat the old naturall Law obliterated and depraved by evill custom And the words are to be understood in a sense which includes a crime as in the worâ—… homicide we understand not every killing of a man but that which is on purpose and of an innocent person The which follows of shedding blood for blood seems to me not to contain a naked act but a Right I explain it thus By nature it is not unjust that every one suffer as much evill as he hath done 〈◊〉 of a sense of this naturall equity 〈◊〉 accus'd of paricide by his own conscience said Whosoever findeth me she flay me But God in those first times either by reason of the paucity of men or because there being yet but few offenders exemplary punishments were 〈◊〉 necessary repressed by his edict thâ—… which seemed naturally lawfull and appointed the manslayers company to be avoided not his life taken away The like was decreed by Plato in his Laws and of old practized in Greece Pertinent is that of Thucydides Antiently great crimes had little punishments but in progress of time those being contemned death was inflicted From one notable act a conjecture being made of the divine pleasure went into a Law so that Lamech also upon the like crime committed promised to himself impunity from that example Nevertheless when before the floud in the Gyants age a promiscuous licence of shedding blood had prevailed mankind being again restored after the floud God to restrain that licence thought it meet to use more severity and laying aside the lenity of the former times permitted now what nature did before dictate not to be
although among the Latins principality and Kingdom are wont to be opposed as when Caesar saith the Father of Vercingetorix held the principality of Gallia but was slain for affecting the Kingdom and when Pisi in Tacitus calls Germanicus the Son of a Prince of Romans not of a King of Parthians and when Suetonius saith Caligula wanted but a little of turning the principality into a Kingdom and when Maroboduus is said by Velleius to have embraced in his mind not a principality consisting in the will of those that obey but a regal power Nevertheless we see these names are often times confounded for both the Lacedaemonian Leaders of Hercules posterity after they were subject to the Ephori were yet stiled Kings as we have said afore and the antient Germans had Kings which as Tacitus speaketh were Soveraign by the authority of perswading not by the power of commanding And Livy saith of King Evander that he ruled by authority rather than command and Aristotle and Polybius call Suffetes King of the Carthaginians and Diodorus too as also Hanno is called King of the Carthaginians by Solinus And of Scepsis in Troas Strabo relates when having joyned to them the Milesians into one Common-wealth they began to use a popular Government the posterity of the old Kings retained the royal name somewhat of the honour On the contrary the Roman Emperors after that openly and without any dissimulation they held a most free regality yet were stiled Princes Moreover Princes in some free Cities have the Ensigns and marks of royal Majesty given unto them Now the Assembly of the States that is of them that represent the people distributed into classes in some places indeed serve only to this purpose that they may be a greater Council of the King whereby the complaints of the people which are oft concealed in the Privie Council may come unto the Kings ear in other places have a right to call in question the actions of the Prince and also to prescribe Laws whereby the Prince himself is bound Many there are who think the difference of the highest Empire or of that less than the highest is to be taken from the conveyance of Empire by way of election or succession Empires devolved this way they affirm to be highest not those that come the other way But it is most certain this is not universally true for succession is not the title of Empire which gives it form but a continuation of what was before The right begun from the election 〈◊〉 the Family is continued by succession wherefore succession carries down 〈◊〉 so much as the first election did confeâ—… Among the Lacedemonians the Kingdom passed to the Heirs even after 〈◊〉 Ephori were ordained And of such Kingdom that is a principality 〈◊〉 Aristotle some of them go by rigeâ—… of bloud some by election and in the Heroical times most Kingdoms in Greece were such as besides him Thucydidâ—… notes On the contrary the Romaâ—… Empire even after all the power botiâ—… of Senate and people was taken awaâ—… was bestowed by election XLVII The second Caution LEt this be the second caution 〈◊〉 one thing to enquire of the thing â—…nother of the manner of holding it which is appliable not only to corporal things but incorporal also For as a Field is a thing possessed so is a passage an act a way But these things some hold by a full right of propriety others by a righâ—… usufructuary other by a temporary right So the Roman Dictator by a temporary right had the Highest power and some Kings both the first that are elected and they that succeed them in a lawful order by an usufructuary right but some Kings by a full right of propriety as they that by a just War have gotten their Empire or into whose power some people to avoid a greater evill have so given up themselves that they excepted nothing Neither do I assent to them who say the Dictator had not the highest power because it was not perpetual for the nature of moral things is known by the operations wherefore such faculties as have the same effects are to be called by the same name Now the Dictator within his time exerciseth all acts by the same right as a King of the best right nor can his act be rendred void by any other As for duration that changeth not the nature of the thing though if the question be of dignity which is wont to be stiled Majesty this is greater no doubt in him to whom perpetual right is given than to whom temporary right because the manner of the Tenure is of moment in respect of dignity And I would have the same understood of these that before Kings come to age or whilst they are hindred by loss of reason or their liberty are appointed Curators of the Kingdom so that they be not subject to the people nor their power revocable before the appointed time Another judgement is to be made concerning those that have received a right revocable at any time that is a precarious right such as of old was the Kingdom of the Vandals in Africa and of the Goths in Spain when the people deposed them as oft as they were displeased for every act of such Kings may be rendred void by these that have given them a power revocably and therefore here is not the same effect nor the same right as in other cases XLVIII That some highest Empires are holden fully i. e. alienably THat which I have said that some Empires are in full right of propriety i. e. in the patrimony of the Ruler is opposed by some learned men with this Argument That free-men are 〈◊〉 in commerce But as power is either Lordly or Regal so also Liberty is either personal or civil and again either of single persons or of all together for the Stoicks too did say there is a certain servitude consisting in subjection and in the holy Scriptures the Kings subjects are call'd his servants As therefore personal liberty excludes Master-ship so civil liberty opposes regality and any other dition properly so called So Livy opposeth them saying The people of Rome are not in a kingdom but in liberty and elsewhere he distinguisheth the people enjoying liberty from those that lived under Kings Cicero said Either the Kings should not have been expell'd or liberty should have been given to the people really and not in words After these Tacitus The City of Rome from the beginning was under Kings L. Brutus brought in Liberty and the Consulship Strabo saith of Amisus it was sometime free sometime under Kings And frequently in the Roman Laws foreiners are divided into Kings and free State Here then the question is not concerning the liberty of single men but of a people And further as for private so for this publick subjection some are said to be not of their own right not
expecially deliberate and frequent begeâ—…s a certain proclivity to the like which after growth is call'd a habit therefore with all speed vices are to be deprived of their allurement and this cannot be better done than by embittering their sweetness with some pain following The Platonists in Apuleius It is worse than any punishment if the guilty scape unpunished and in Tacitus we read The corrupted and corrupting minde sick and instam'd is to be restrained and cooled with remedies as vehement as the lusts wherewith it burneth LXXXIII Of punishing a delinquent for his own benefit PUnishment for this end is by nature lawful for any one that is of good judgment and not obnoxious to the same or equal vices as appears by that castigation which is by words but in stripes and other punishments that contein somewhat of coaction the difference between persons that may or may not is not made by nature nor could it be made only reason peculiarly commends to parents the use of that right over their Children by the neerness of affection but by Laws which for the avoiding of contention have restrained that common propinquity of mankind to the next Relations as may be seen both elswhere and in Justinians Code tit de emendatione propinquorum Whither perteins also that of Xenophon to his Soldiers If I have beaten any one for his good I confess I owe such a punishment as parents do to their Children Masters to their Scholars And Physicians too for their patients recovery sear and cut Lactantius lib. 6. Jubet Deus c. God commands us always to have our hand over our inferiours to chastise them daily for their offences lest by our unprofitable love and too much indulgence they be ill bred and nourished for vice But this kind of punishment cannot extend unto death except reductively as negations are reduc'd to the opposite things For as Christ said it had been better for some that is not so bad if they had never been so to incurable natures it is better that is less evil to die than to live when it is certain they will become worse by living Seneca speaks of such when he saith To perish is sometime for the good of those that perish Such a one Plutarch saith is hurtful indeed to others but most of all to himself And Galen when he had said men are punished with death first that living they may not hurt next that others by fear of punishment may be deterred adds And thirdly it is expedient for themselves to dye being so sick and corrupted in their mind that they cannot be restored to health Some think these are they whom John the Apostle saith do sin to death but because the arguments hereof are fallacious we are taught by charity to have no man for deplored and past hope so that punishment for this end can have place but very seldome LXXXV Of punishment for his profit who was offended And of revenge by the Law of Nations THe utility of him against whose interest the fault was made is herein placed that he suffer the like no more neither from the same nor others Gellius out of Taurus describes it thus When the dignity or authority of him that is wronged is to be maintaind lest pretermission of the penalty breed contempt of him and diminish his respect What is here said of authority wronged is to be understood of every ones liberty or other right wherein he is injured In Tacitus we read He should provide for his security by a just revenge That the injur'd party may not suffer wrong from the same hand three ways may be taken first by destroying the person that hath offended secondly by weaking his force that he may not be able to do hurt and lastly if he be taught by his own evil to do so no more which is the same with emendation whereof we spake even now That the injur'd party may not be hurt by others is effected not by every punishment but that which is open conspicuous and exemplary If then to these ends and within the bounds of equity vindication be directed though private if we respect the bare Law of Nature abstract from Laws Divine and Human and from all not necessary accidents to the thing it is not unlawfull whether it be made by him that is wronged or by another seeing it is consentaneous to nature that man should receive aid from man And in this sense may be admitted that Cicero having said the Law of Nature is that which comes not from opinion but innate vertue among the examples of it placeth Vindication which he opposerh to Favour and that none might doubt how much he would have to be understood by that name he defines Vindication Whereby by defending or revenging we keep off force and contumely from us and ours who ought to be dear unto us and whereby we punish offences By this natural right Samson defending himself against the Philistins saith He should be guiltless if he did return evil for evil to them and after a slaugâ—…ter made He defends his doing by the same reason saying he had served them as they would have served him The Plaâ—…ans in Thucydides Justly have we taken revenge upon them by the Law received among all men allowing recompence to enemies It is a common Law among men saith Demosthenes that we may be reveng'd of him that takes our goods by violence And Iugurtha in Sallust when he had said Adherbâ—… lay in wait against his life adds the people of Rome would do thaâ—… which is nâ—… good nor right if they hindred him from the right of Nations that is from reâ—…nge Aristides the Orator saitâ—… 〈◊〉 and Authors of Lawes and Proverbs and Orators and all men 〈◊〉 approve 〈◊〉 this That revenge shoâ—…a be 〈◊〉 of 〈◊〉 that have offerdinjury The Maccabees are prais'd by Ambrose for revâ—…ging the death of their innocent brethren even on the Sabbath The same Father disputing against the Jews making grievous complaint that their Church was fir'd by the Christians saith should I plead the Law of Nations I might shew how many Churches the Jews set on fire in the time of Julian ' s Empire where he calls it the Law of Nations to render like for like But because in our and our friends affairs we are corrupted by affection therefore many families came together into one place judges were appointed and power was given to these alone to avenge the injurd the liberty which nature had indulged being taken away from others Demosthenes It was decrecd â—…ustice should be done in all these inâ—…uries according to the Laws and not according to every ones lust and pleasure Quintilian The compensation of injury is not only against Law but peace For there is the Law the Court the judge unless one be ashamed to seek a remedy by Law The Emperours Honorius and Theodosius Therefore are judgments
shapes this Answer To Infidels who would have us go to war for the Commonwealth and kill men we will answer thus They that are Priests of your Idols and Flamens of your reputed Gods keep this hands pure for sacrifices that they may offer them to your supposed Gods with hands unbloody and defiled with no slaughter nor are your Priests listed soldiers in any war Now if that be not without reason how much more than other soldiers are our men in their way to be accounted militant as the Priests and worshippers of the true God who indeed keep their hands pure but strive with Godly prayers on behalf of those that fight in just Commander and of him that is the just Commando In which place he stileth all Christiars Priests after the example of the holy writers Apoc. 1. 6. 1 Pet. 2. 5. CXXXVIII When the arms of Subjects are just in an unjust War ANd I am of opinion it is possible that in a war not only doubtfâ—… but manifestly unjust there may be some defense just on the subjects part For seeing an Enemy through waging a jâ—… war hath not true and internal right except for necessary defense or byconsequence and beyond his purpose to kill subjects innocent and far remote from all blame of the war and such are not obnoxious to punishment it followeth that if it certainly appear the enemy comes with such a mind that he will 〈◊〉 no wise though he be able spare the life of his enemies subjects it followeth I say that these subjects may stand in their own defense by the right of Nature whereof they are not deprived by the law of Nations Neither shall we say upon this that the war is just on both sides for our question now is not concerning the War but concerning a particular and determinate action which action though of one otherwise having right to war is unjust and therefore is justly repelled The End of the Second Part. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 HVGO GROTIVS OF WARRE AND PEACE III. PART I. How much is lawful in War General Cap. 1. Rules First Things are lawful in War which are necessary to the end Who may wage war and for what causes we have seen It follows that we weigh what and how much is lawful in war and in what manner Which is either nakedly considered or upon promise antecedent Nakedly First by the Law of Nature Secondly by that of Nations What is by nature lawfull let us consider thus First as we have said afore the things that lead to any end in moral matter receive 〈◊〉 intrinsic estimation from the end it 〈◊〉 wherefore we are understood to have a right to those things which are necessary to the end of Right to be attained necessary I mean by a necessity taken nâ—… according to Physical subtilty but moâ—…ly and right I mean that which is strictly so called and signifies a faculty of Dâ—…ing in sole respect of Society Whereâ—… if I cannot otherwise save my life it is lawful for me by any kind of force to keep off him that assalts it though haply he may be without fault as we have noted elswhere because this right ariseth not properly from anothers sin but from the right which nature granteth me in my own Defense And further I may invade that which is another man's without consideration of any fault of his if any certain danger be imminent to me from that thing Yet may I not become Lord thereof for this is not accommodate to that end but keep it until I may be secured which hath been also said above So I have naturally a right to take away from another that thing of mine which he â—…eceineth and if I cannot the same something equivalent as also to obtain 〈◊〉 debt Upon which causes Dominion â—…ollows too because equality impair'd â—…annot be repair'd otherwise So where â—…unition is just just also is all force without which it cannot be exercised and â—…ust is every thing which is a part of punishment as the wast made by fire or other way being within fit measure and such as is answerable to the fault II. The second Rule Right is consider'd not only in respect of the first but after-causes SEcondly we must know that our right is not to be consider'd onely by the beginning of the war but by causes arising after as also in Trials of Law after the sute commenced a new right oft ariseth to a party So they that gather to my Assailant whether Associats or Subâ—…ects yield me a right of defending my self against them also So they that mixe themselves in a war which is unjust especially if they may and ought to know it to be unjust oblige themselves to repair the charge and damage because by their fault they do it So whosoever engage in a war undertaken without probable ground do also make themselves obnoxious to punishment by reason of the iujustice 〈◊〉 herent in their act And thus Plato 〈◊〉 proves of war until they that are 〈◊〉 be compeld to make satisfaction to the â—…nocent whom they have wronged III. The third Rule Some things follow without injury which could not be lawfully intended THirdly we must observe Many things follow upon the righr of Doing indirectly and without the purpose of the Doer to which there was no right directly and by itself How this hath place in self-defence we have explained elswhere In like manner that we may recover 〈◊〉 own if just so much cannot be taken we have a right to take more yet under this obligation of restoring the price of that which redounds So may a ship fill'd with Pirats or a house with Theeves be bâ—…tered with guns though in the same ship or house are a few Infants women or other innocent persons thereby endangered But as we have noted often that is not perfectly lawful always which agreeth with right strictly taken For oâ—…times Charity to our neighbour will not permit us to use strict and extreme right Wherefore those things which happen beside our purpose and are foreseen that they may happen must also be within our Caution unless the good to which our action tendeth be much greater than the evil which is feared or unâ—…ess when the good and evil are equal â—…he hope of good be much greater than the fear of evil which is left to be determined by Prudence yet so that always in 〈◊〉 doubful case we must incline to that â—…art as the safer which provides for Another more than for our selves Suffer the â—…ares to grow saith the best Master lest while you would pluck them up you pluck â—…p the wheat too And Seneca saith It 〈◊〉 the power of Fire and Ruine to kill maâ—…y without making difference Histories teach us with what serious repentance Theodosius by Ambrose's direction expiated such immodesty of revenge Neither is it to be drawn by us into example â—…f God at any time doth such a thing by