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A42234 The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.; De jure belli et pacis. English Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687. 1655 (1655) Wing G2120; ESTC R16252 497,189 832

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conduces both to our present matter and to many other things lest we strein the Authority of the Hebrew Law beyond its reach XIV That War is not against the Gospel-Law The first Argument OMitting Arguments of less value in our judgement our first and principal proof that the Right of VVar is not wholy taken away by the Law of Christ shall be that of Paul to Timothy I exhort therefore that first of all supplications prayers intercessions and giving of thanks be made for all men For Kings and for all that are in authority that we may lead a quiet and a peaceable life in all godliness and honesty For this is good and acceptable in the sight of God our Saviour who will have all men to be saved and to come unto the knowledge of the truth Here we are taught three things That it is pleasing to God Kings should become Christistians That being made Christians they should remain Kings Wee pray saith Justin Martyr that Kings and Princes together with their regal power may also attain unto a right understanding and in the Book entitled Clement's Constitutions the Church prays for Christian Magistrates Lastly that this is also pleasing to God that Christian Kings should procure for other Christians a quiet life How so The Apostle sheweth in another place He is the Minister of God to thee for good but if thou do that which is evill 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 doth evill By the right of the sword is understood all coercive power as in the Lawyers sometimes yet so that the highest part of it which is the true use of the sword is not excluded For the illustration of this place much light may be had from the second Psalm which although it were verified of David yet more fully and perfectly pertains to Christ as we learn out of the Acts and the Epistle to the Hebrews Now this Psalm exhorts all Kings to receive the Son of God with reverence i. e. to do service to him as they are Kings as Augustin explains it well whose words are to this effect Herein do Kings as they are commanded serve God as Kings if in their Kingdom they command good things forbid evill things not only pertaining to humane society but also to divine Religion And elsewhere How then shall Kings serve the Lord in fear but by prohibiting with religious severity and punishing offences against the commands of the Lord For he serveth one way as a man another way as a King Again Herein therefore doe Kings serve the Lord as Kings when they do him that service which none can do but Kings XV. The second Argument A Second Argument is deliver'd us by St. Paul in the place cited already in some part out of the Epistle to the Romans where the highest power such as the regall is is said to be of God and is called the ordinance of God whence it is inferr'd that obedience and honour is to be given to it and that from the heart and he that resisteth it resisteth God If by Ordinance a thing were to be understood which God only will not hinder as in vicious acts then would there follow thence no obligation either of honour or obedience especially laid upon the conscience nor would the Apostle say any thing where he so much extols and commends this power which might not agree to robbing and stealing It follows therefore that this power be conceiv'd to be ordained by the will of God approoving it whence it further follows that seeing God wills not contraries this power is not repugnant to the will of God revealed by the Gospel and ob●…iging all men Nor is this Argument avovded because the persons that were in power when Paul wrote are said to have been enemies to Christian piety For first that is not true of all Sergius Paulus Propraetor of Cyprus had given his name to Christ before this time to say nothing of the King of Edessa of whom there is an old tradition grounded as it seems on truth though perhaps a little mixed with fables Moreover the question is not of the persons whether they were impious but whether that function in them were impious we say the Apostle denys that when he saith the function even for that time was ordained of God and therefore to be honoured even within the recesses and secrets of the heart where God alone hath Empire Wherefore both Nero might and that King Agrippa too whom Paul so seriously invites to his Religion might subject himself to Christ and retain the one his regal the other his imperial power a power which without the right of the Sword and of Arms cannot be understood As then of old the Sacrifices according to the Law were pious although administred by impious Priests so Empire is a pious thing although it be in the hand of an impious Prince XVI The third Argument THe third Argument is from the words of John the Baptist who being seriously asked by the Jewish Souldiers many thousands of that Nation served the Romans in their Wars as Josephus and other writers cleerly tell us what they should do to avoid the wrath of God He answered not that they should forsake VVar as he must have answered if that be the will of God but abstain from violence and falshood and be content with their wages To these words of the Baptist containing an approbation of VVar plain enough many answer The Baptists prescripts are so different from the precepts of Christ that we may conceive their Doctrine not to be the same Which I cannot admit for these reasons John and Christ use the same beginning and declare the sum of their doctrine in the same words Amend your lives for the kingdom of Heaven is at hand Christ himself saith the Kingdom of Heaven i. e. the new Law for the Hebrews use to stile the Law by the name of Kingdom began to be invaded from the days of the Baptist. John is said to have preached the Baptism of repentance for the remission o●… sins just as the Apostles are said to have done in the name of Christ. Jo●… requires fruits meet for repentance and threatens destruction to them that bring not forth such fruit He requires works of Love above the Law The Law is sai●… to have continued unto John as if 〈◊〉 more perfect doctrine had from him begun And the beginning of the Gospell is deduc'd from John John himself is therefore greater than the Prophets being se●… to give saving knowledge to the people and to Preach the Gospell Nor doth 〈◊〉 any where distinguish Jesus from himse●… by the difference of precepts only th●… things delivered by John more gene●…ly and confusedly and in the mann●… of rudiments are more plainly and fully declared by Christ the true light but
obstinate resistance But that these things are not sufficient to justify slaughter he will easily conceive who remembreth what we have set down a fore about the just causes of killing From Captives and those that yield or desire to yield there is no danger that therefore they may be justly killed there must be some antecedent Crime and that such a one as an equal judge would think worthy of death And so we see sometimes great severity shewed to Captives and those that have yielded or their yielding on condition of life not accepted if after they were convinced of the injustice of the War they had nevertheless persisted in arms if they had blotted their enemies name with unsufferable disgraces if they had violated their faith or any right of Nations as of Embassadors if they were fugitives But Nature admits not talion except against the same persons that have offended nor doth it suffice that the enemies are by a fiction conceived to be as it were one body as may be understood by what is said above of the Communication of punishments W●… read in Aristides Is it not absurd to imitate what you do condemn Plutarch for this accuseth the Syracusians that they slew the wives and children of Hicetas only for this reason because Hicetas had slain the wife sister and son of Dion Moreover the benefit which is hoped from terror for the future perteins not to the giving of a right to kill but if there is a right it may be among the causes for which that right is not remitted And For a more obstmate affection to ones own side if the cause maintained is not at all dishonourable that deserves not punishment as the Neapolitans discourse in Procopius or if there is any punishment thereof it ought not amount to death for an equal Judge would not so determine Alexander at a certain town when he had commanded all the youth to be slain because they made so sharp resistence seemed to the Indians to wage war after the manner of Robbers and the King fearing such a blemish of his Name began to use his victory more mildly It was better done by the same King to spare the Milesians because he saw they were gallant men and faithful to their own party which are the words of Arrian Phyto Governor of Regin when for defending the town so stoutly he was by command of Dionysius drawn to torture and death cryed out He was punisht because he would not break his trust and betray the place but God would suddenly revenge it Diodorus Siculus styleth these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlawfull punishments I am very much pleas'd with that vote in Lucan May he be Conqueror who means to spare His Fellow-Citizens that adverse are Provided by the Name of Fellow-Citizens we understand not those of this or that Nation but of that common Countrey of all Mankind Least of all is Slaughter justifyed by grief and anger for some overthrow receiv'd as we read Achilles Aeneas Alexander sacrificed to their friends the blood of Captives and such as yielded Wherfore Homer justly saith of Achilles on this occasion He resolved on a wicked act XLVIII The Multitude spared Hostages spared Needless fights to be avoided MOreover where offenses are of that nature that they may seem worthy of death it will be a point of Mercy because of the Multitude of them to remit somewhat of extreme right Of which clemency we have God himself for Author who was pleased that Peace should be offerd to the Cananites and their neighboring Nations offenders in the highest degree such a Peace as allowed them life on condition of being tributaries Pertinent here is that of Seneca The Severity of a General shews it self against particulars but pardon is necessary where the whole Army is revolting What takes away Anger from a wise man The Multitude of Transgressors And that of Lucan Plagues Famine Ruines Storm or Fights have sent So many to their grave not Punishment Casting of Lots was ordained saith Cicero that too many might not be punished Sallust to Cesar No man exhorteth you to cruel punishments or bitter sentences whereby a City is rather wasted than reformed As to Hostages what is to be determined out of the Law of Nature may be seen above Of old when it was commonly believed that every one had as much power over his own life as over other things within his propriety and that that power by consent either tacit or express was devolved from every particular person upon the Commonwealth it is the less to be admir'd if we read Hostages though in themselves innoxious were put to death for the offense of the Commonwealth either as by their own peculiar or as by the publick consent wherein their own was included also But after that the more true and perfect Wisedom hath taught us that Dominion over life is excepted by God it follows that by consent alone no man can give to any power and right over the life either of himself or of his Citizen And therefore it seem'd atrocity to Narses a good General to take punishment of innoxious Hostages as Agathias tells us and other Authors say the like of others even by Scipio's example who said he would not shew his displeasure upon harmless Hostages but upon those that had revolted and that he would not take revenge of the unarmed but of the armed enemy Now that among the later Lawyers some of great name say such agreements are of force if they be confirm'd by custom I admit it if by right they mean impunity only which in this argument often comes under that appellation But if they suppose them free from sin who by ag●…eement alone take away any ones life I fear they are deceiv'd themselves and by their per●…lous authority deceive others Clearly if he that comes an Hostage be or were before in the number of grievous dclinquents or if afterward he hath broke his faith given by him in a great matter posbly the punishment may be free from injury But Clodia who came not an Hostage of her own accord but by Order of the City when she had passed 〈◊〉 and escaped was not only safe but praised for her Vertue by the Etruscian King as Livy speaks in this History We must here add this all combates which are of no use to obtem right or end the War but have meer ostentation of strength proposed to them are contrary both to the office of a Christian man and to Humanity it self Therefore Rulers ought seriously to forbid them being to render in account for blood unprofitably shed to Him in whose stead they bear the sword Surely Sallust also hath commended Generals that bought their victories at the least expence of blood And Tacitut saith of the Catti a people of approved valour Their excursions and 〈◊〉 fights were seldom XLIX A Temperament about wast and