The Rights of War and Peace: In Three Volumes

Chapter V. Who may lawfully make War

384 u c h a p t e r v u Who may lawfully make War. I. As in other Things, so also in moral Actions, there are wont to be three Efficient Causes, Principals, Assistants, and Instruments. The principal Efficient Cause in a War, is generally the Person interested. In a private War a private Person; in a publick, the Civil Power, especially the Supreme . Whether a War may be justly undertaken in Behalf of another, not making War, shall be treated of in 1 another Place. In the mean Time this is most certain, that every Man has a natural Right to revenge himself ; and therefore were Hands given us. II. 1. But it is not only lawful for us, as far as we are able, to be beneficial to another, but also commendable. They who write of Offices, justlysay, that there is nothing so useful to one Man, as another Man. Now there are several particular Ties, which engage Men mutually to assist each other. Kinsmen assemble to help one another: Neighbours and FellowCitizens call for 1 the Aid one of the other, whence comes that Saying, Porro Quirites and Quiritari. Aristotle 2 said it behoved every one to take up Arms, either to defend himself upon an Injury offered him, or for his I. (1) See B. II. Chap. XXV. II. (1) Hence, as our Author here observes, come those Expressions among the antient Romans, Porro, Quirites; & Quiritari, for complaining, and calling for Assistance . See Gronovius on this Place. 2. Rhetoric. Ad Alexand. Cap. III. p. 615. Edit. Paris. Tom. II. I. The Efficient Causes of War are those who engage in it, either upon their own Account, as Principals: II. Or upon the Account of others as Assistants: Diges. I. 18. Tit. 7. De Servis exportand. Leg. 7. De furtis , I. 7. & who may lawfully make war 385 Kinsmen, or Benefactors, or Allies. And Solon 3 declared that a happy State, wherein every Man looked upon the Wrongs done to another, as done to himself. 2. But tho’ there were no other Obligations, it is enough that we are allied by common Humanity. For every Man ought to interest himself in what regards other Men. It was well said of Menander, 4 Injuriarum, si improbis, &c. If every one would heartily engage in the Defence of those that are insulted; if Men would look on Injuries done to others, as done to themselves, and would strenuously assist one another; the Wicked would not become daily more bold and enterprising, but finding themselves watched on every Side, and suffering the just Punishment of their Crimes, few or none would run the Hazard of it. And this of Democritus, 5 It is every Man’s Duty to the utmost of his Power, to assist the Injured, and by no Means to neglect it; for this is just and good: Which Lactantius thus expresses, 6 GOD, who has denied Wisdom to all other Animals, has furnished them with such natural Arms, as may secure them from Insults and Dangers. But as he made Man naked and weak; chusing rather to adorn him with Wisdom, than endow him with Force; he has given him, amongstotherThings,aSentiment of Affection, which prompts him to defend those of his own Species, to love them, to cherish them, to give to them, and receive from them Assistance against all Dangers whatsoever. 3. Being asked what State he thought best regulated, that, says he, where, &c. Plut. in Solon, p. 88. Tom. I. Edit. Wech. The following Advice of Plautus may be applied here, Stop the Course of Injustice before it reaches you. Praetorquete injuriae prius collum, quam ad vos perveniat. Rudent. Act. III. Scen. II. v. 12. Grotius. 4. In Stobaeum, Tit. XLIII. See Mr. Le Clerc’s Note on that Fragment, p. 3, 4. 5. In Stob. Serm. XLVI. p. 310. 6. Lib. VI. Cap. X. Numb. 3. Edit. Cellar. Cod. I. 10. tit. 1. De jure fisci. Cic. de Off. I. 11 ex Panaetio. Bartol. ad Dig. I. 1. tit. 1. De Just. & jure n. 7, 8. Jas. ib. n. 29. Cast. ad Leg. I.§ 4. ib. Bartol. ad Dig. 1. 49. Tit. 15. De Capt. &c. Leg. 24. n. 9. Innoc. ad C. sicut De Jure jur. & in C. olim De restit. Spol. n. 16. Panorm. n. 18. Sylv. in verbo Bellum, Q. 8. 386 chapter v III. By Instruments, we mean...