The Rights of War and Peace: In Three Volumes

Chapter XIX. Of Faith between Enemies

1533 u c h a p t e r x i x u Concerning Faith between Enemies. I. 1. We have already a said, what, and how much may be lawfully done in War, [[th]]is † either considered simply in itself, or with regard to a foregoing Promise. The first Part being concluded, the other remains to be discussed, which is, concerning Faith (to be kept) between Enemies. It is a remarkable Saying of Silius Italicus, who had been a Roman Consul, 1 ——— Optimus ille Militiae, cui postremum primumque tueri Inter bella fidem ——— The most excellent Warrior is he who has nothing so much at Heart, as the punctual Observance of his Word to an Enemy. Xenophon 2 in his Oration concerning Agesilaus, says, So great and noble a Thing it is for every Man, but especially for Generals to be strict Observers of their Faith, and to be so accounted. And Aristides 3 in his fourth Leuctrica. It is in Treaties of Peace and other publick Conventions, that we chiefly know whether those that make them love Justice. For as Cic- † [[The original text simply reads “is,” which is clearly a misprint. I have emended it in line with the passage referred to in the marginal note.]] I. (1) Punic. Lib. XIV. (Ver. 169. & seq.) The Philosopher Archelaus, as Appianus Alexandrinus relates, said, that Treaties solemnly made and sworn, ought to be sacred and inviolable, even between Enemies. Bell. Civil. Lib. IV. (p. 628. Edit. H. Steph.) Grotius. 2. Cap. III. § 5. Edit. Oxon. 3. P. 184. C. Vol. II. I. Faith is to be kept with all Sorts of Enemies. a B. 3. Ch. 1.§ 1. 1534 chapter xix ero 4 well observed in his fifth Book of Bounds, There is no Body, but approves and commends that Disposition of Mind, by which not only no Interest is sought, but on the contrary Faith is kept against Interest. 2. It is the publick Faith, as it is in Quintilian the Father, 5 that procures a Truce between armed Enemies, and preserves the Rights of yielded Cities. And the same Author in another Place: 6 Faith is the surest Bond of human Things, the Reputation of Faith is sacred among Enemies. And so St. 7 Ambrose: It is plain that Faith and Justice must be strictly observed in War. And in St. Augustine, 8 When our Faith is engaged, it must be kept even to our Enemy, tho’ at that Time at War with him. For their being Enemies, does not make them cease to be Men. And all Men arrived at the Years of Discretion are capable of a Right from a Promise. Camillus declares in Livy, 9 That he had such a Society with the Falisci, as was established by Nature. 3. From this Society founded on Reason and Speech, arises that Obligation from a Promise, which we now treat of. And we are not to imagine that, because it is permitted to tell a Falshood to an Enemy, or because , according to the Opinion of several, there is no Harm in it, as we 4. Nemo est igitur, qui non hanc, &c. De finib. bon. & mal. Lib. V. Cap. XXII. 5. Ego publicam adpello fidem, quae inter Piratas sacra est: Quae inter armatos hostes inducias facit: Quae deditarum civitatum jura conservat. Declam. CCXLVII. in fin. p. 505. Edit. Burman. 6. Fides supremum rerum humanarum vinculum est: Sacra laus fidei inter hostes. Declam. CCCXLIII. p. 721. 7. Liquet igitur, etiam in bello fidem & justitiam servari oportere. De Offic. Lib. II. Cap. XXIX. 8. Fides enim quando promittitur, etiam hosti servandum est, contra quem bellum geritur. Epist. CCV. Ad Bonifac. This Father treats the same Subject at large in Letter CCXXV. Grotius. To the Passage cited here St. Austin adds, that with much greater Reason we ought to keep our Promise made to a Friend: Quanto magis amico pro quo pugnatur? It is probable that he had in View the following Words of Josephus, the Jewish Historian:ÿOc h¤ge pístic e ⁄xousakai ’pro ’ctou ’cpolemiwtátouctópon,toi ÷cgefíloic a ◊nagkaiotáth tethrh ÷sjai, &c. Antiq. Jud. Lib. XV. Cap. VIII. p. 521. 9. Nobis cum Faliscis, quae pacto fit humano, societas non est: Quam ingeneravit natura, utrisque est, eritque. Livy, Lib. V. Cap. XXVII. Num. 6. See what I have said upon Pufendorf, Law of Nature and Nations, B. VIII. Chap. VII. § 2. concerning faith...