Commentaries, Commentary on Judges · Chapter 11 · Excursus 3
¶Of things whych are taken by the ryght of warres.
AS touching the firſt, we learne that it may be, that ſome thing may be claymed by the right of warre, which maye be confirmed both by mans lawes, and by the lawes of God. But I wyl begyn with mans lawes. In the Digeſtes de captiuis et poſtliminio reuerſis in the law Poſtliminium: Poſtliminium, a law by … we receaue agayn … …hich… we loſt… in warres.The thinges that we hauehave loſt in war, or in affaires of war, if we afterward recouer the ſame again, we ſhal poſſeſſe them by the law Poſtliminium. For ſo long as they are not recouered, they are poſſeſſed of our enemies. And thys ryghte is towarde thoſe, whyche are declared to bee enemyes. But ſuche were declared to bee enemies, againſt whom the people of Rome publikelye proclaimed warre, or they which publikely prohibited warre againſt the people of Rome, as it is had in the ſame title, in the law Hoſtes. For Pirates or theues cannot by this meanes attaine to be owners, or poſſeſſe any thing by the law of warre. For warre ought to be made, to the ende to attaine ſomething by the right of warre. And in the Digeſtes de acquirendo rerum dominio, in ye lawe Naturale, paragrapho the laſt. Such thinges as are taken from enemies, by the common law of all men, agreing vntounto naturall reaſon, are ſtraightwaye made theirs which take them. And thus the lawes of man as touching this thing, are very manifeſt.
So is it alſo by the lawes of God. Abraham, as it manifeſtlye appeareth in the booke of Geneſis the .14. chap. made warre againſt the .v. kinges, whiche had led away Lot priſoner. The battaile being finiſhed, theyr praye came into the handes and power of Abraham: which maye eaſelye bee proued, bicauſe of that pray he gaue tithes vntounto Melchiſedech. But it had not bene lawfull for him to hauehave geuen tithes of an other mans goods: therfore they wer his own, of which he gaue. Wherfore we muſt beleue that that pray was truelye in his poſſeſſion. For in that he gaue it to the king of Sodom, it was of his mere liberality: for he was not therunto compelled by the law. I coulde make mencion, what thinges Ioſua, Othoniel, Dauid, Salomon, and manye other mo poſſeſſed by the ryght of warre. For when thoſe Princes had the victory,Warre is a iuſt woorke to attayne poſſeſſiō the thinges taken from their enemies, came into their poſſeſſion. But it is not ſufficient to make warre, to clayme ſomething by the right therof, but the warre alſo muſt be iuſt. Bycauſe vnles it be iuſt, it is not warre, but robbery.
But how ſhal we know when war is iuſt or vniuſt?Whereby iuſte war is knowē from vniuſt. Auguſtine. Auguſtine (as he is alledged in th .23. Queſtion .2. chap. Notandum) writeth that his war betwene Sihon and ye Iſraelites was iuſt. For they deſired to paſſe wythout hurt, through his kingdome, which thing by humane fellowſhip ſhould not hauehave bene denyed them, eſpeciall ſeing they had faithfully promiſed, not to be troubleſome to any man. This ſentence of Auguſtine, the Gloſer goeth about to defende, and that by ciuill lawes. In the Digeſtes de aqua pluuia cohercenda, in the lawe in ſumma, in the Paragraphe item varus, ſomethyng is permitted in an other mans ground, ſo that it be done without the hurt of the poſſeſſor. And in the Code D… Seruitutibus, in the law per agrum, Maximianus and Diocletianus doo thus ordaine: That no man can prohibite thee to vſe the common high waye. And that thing onelyonly did the Iſraelites deſire: wherfore being repulſed, they iuſtly tooke warre in hand. So much ſayth the Gloſer,Whither a wa… ought to be geuē vntounto an ho…t whoſe reaſon doth not ſo fully ſatiſfy me. For that which Auguſtine ſpeaketh of priuate men, may eaſely be admitted, and theſe thinges which are brought out of the ciuill law, do ſeeme alſo to be written concerning priuate men. But if a man wil leade an hoſt through an other mans country, and if they faithfully promiſe, not to be troubleſome, yet, whether a way ought ſtraightway to be graunted him, or whether he ought to be beleued, it is not certaine. They promiſe (thou wilt ſay) that their hoſt ſhal do no harme, but if they ſtand not to their promiſes, then ſhall the lande be in theyr power. Vndoubtedly Iulius Ceſar would not permit the Heluecians to paſſe thorow his Prouince, although they promiſed, that they woulde paſſe without doing iniury or hurt.The Iſraelits tought iuſtly againſt Sihon. But I ſay that the warre which the Iſraelites made againſt Sihon, was iuſt, but not therfore bicauſe he denied them leaue to paſſe throughe his country, but bicauſe he came out of his borders with his hoſt, and willinglye offred wrong vntounto the Iſraelites. For eueryevery man ought to defend both himſelf and his againſt violence. That which Auguſtine bringeth, hath ſome ſhewe, yet his reaſon is not firme. For how could Sihon know certainly, whither the Iſralites would do him no hurt, eſpecially they being ſo many in number? For ther were ſixe hundred, three ſcore & ſixe thouſand armed ſouldiours, & wel appoynted to the battail. He might peraduenture hauehave permitted them to hauehave paſſed. and that ſafely, although not al of them together, but by bandes. But ſeing the firſt reaſon before alledged is ſufficient, wee muſt not muche labour for Auguſtines ſake.
What maner of warre is iuſte.But now I wil generally declare, what maner of war is counted iuſt. Such a war is counted iuſt, whiche is taken in hande at the commaundement of the Magiſtrate, either to demaund things againe, or els to put away iniuries, or to reuenge them, as it is had in the .23. queſtion, the .2. chap. iuſtum, and they ar the woordes of Iſidorus. IſidorusFor firſt we muſt beware that war be not taken in hande by the authority of a priuate man. But the cauſes wherfore war may iuſtlye be made, are theſe, to require thinges taken away, or els to repulſe iniury. Wherunto is agreable that which Auguſtine writeth in the ſame place in the chapter Dominus: Auguſtine.Iuſt war is that which is taken in hand to reuēge iniuries. After this maner war is iuſtly proclaimed againſt Cities, when they wyll not either render thinges taken away, or amende thoſe thinges which of theirs was vniuſtly done. For if they wil not puniſh the guilty, it is lawful for other to make warre againſt them. So al Iſrael tooke war in hand againſt Beniamin, that a moſt filthy wicked crime ſhould not remaine vnpuniſhed. But Auguſtine addeth, that thoſe warres alſo do in eſpecial ſeme iuſt, which are taken in hande by the commaundement of God, as are many which were done in the old Teſtament. For if God commaunde once to make warre, wee muſte not ſeeke for anye other cauſe of iuſtice. For God knoweth very well what is to be rendred vntounto eueryevery man. For then both captaine and ſouldiours are not ſo muche to be counted authors of the warre, as miniſters of God & of his law. And therfore when the people are after this maner called to war, they ought not to neglect the cōmaundement.Auguſtine Wherfore the ſame Auguſtine in his .205. epiſtle to Bonifacius the Earle, a mā of war, which at that time gouerned Affrike vnderunder Ceſar: Thou oughteſt not (ſaith he) to thinke, yt they which with weapons ſerue the publik wealth, cā not pleaſe God. This was the propoſitiō, wherof afterward he bringeth reaſōs. For Dauid ſaith he, made many wars, and yet was he dearely beloued of God.
And vndoubtedly I could bring forth very many examples out of the old teſtament. But the Anabaptiſtes cry, that the old Teſtament pertaineth nothing vntounto vsus. I wil therfore make mencion of thoſe thinges whych Auguſtine alledgeth out of the new Teſtament. The Centurion came vntounto Chriſt, and deſired him to heale his ſeruant which was ſicke: but Chriſt ſaid he would come to hys houſe. The Cēturion ſaid: I am not worthy that thou ſhouldeſt come vnderunder my roofe: but onelyonly ſay the woord, & my ſeruant ſhalbe healed. And other woordes which are red in the .8. chapter of Mathew. At the laſt Chriſt anſwered, that he founde not ſo muche faith in Iſrael, no not in thoſe whiche ſeemed moſt holye. And the ſame man was a Centurion, and had ſoldiours vnderunder him: vntounto whom for all that Chriſt aſcribeth a very good and moſt excellent faythe. In the Actes alſo of the Apoſtles, the .x. chapter, it is written that Cornelius ſo lyued in warfare, that the Angell teſtified of hym, that hys prayers wer heard of God. Yea & God alſo ſo regarded hym, that at Peters hande he hearde the Goſpell, was baptiſed, and receaued the holye ghoſt. And the Soldiours when they came vntounto Iohn, to be baptiſed of him, as it is in the third chapter of Luke, aſked what they ſhould doo. Iohn aunſwered, ye ſhall doo violence vntounto no man: bee ye content with your wages. Neyther called he them backe from warfare, but rather confirmed them, when he commaunded them to be content wyth their wages. The ſame Auguſtine againſte Fauſtus in his .xxii. booke, and .lxxiiii. chapter ſaythe: The Lorde was tempted of the Herodians, whither it were lawfull to geue tribute vntounto Ceſar, and he aunſwered: Geue vntounto Ceſar that whych is Ceſars, and the thinges that are of God, to God. By which woordes he woulde ſignifye nothing els, but that tributes are to be geuen vntounto Princes. And tributes are geuen, that Princes ſhould vſe the ſwoorde, defend the right of the publike welth, and make warre, when neede ſhall require. Which thing if it had not bene lawfull, the Lord would neuer hauehave commaunded them to pay tributes vntounto them.
But to returne to the Epiſtle of Auguſtine. In making of iuſt war, ſaith he,What thynges are to be taken heede of in iuſte warres. many thinges are to be taken heede of. For it is not ſufficient that the warre be iuſt, except alſo the warre be iuſtly handled. Wherefore he admoniſheth hys Earle: when, ſaythe hee, thou putteſt on thyne armour, remember that thy ſtrength is the gyft of God, and determine wyth thy ſelfe not to abuſe that gift againſt God. Yea rather doo thys, fyght for hys lawes and name, let promiſes be kept euen with enemies, but muche more with friendes, for whom thou makeſt warre. By which woordes hee reprehendeth thoſe Soldiours, whiche are more grieuous in Cities, then the very enemies, of which we ſee in our dayes a great many mo then we would, which when they are in their places where they wynter, it is wonderfull to ſee how they handle the Citezens, and the men of the country: it is horrible to ſee what filthy and abhominable things they commit. He addeth alſo the thirde caution. Thinke with thy ſelfe that warre muſt not be made but for neceſſity. Wherefore let the minde alwaies be enclined vntounto peace. Make warre, bicauſe thou canſt not otherwyſe doo: but if thou canſt make peace, refuſe it not.
Warre is taken in hand onelyonly to amende thinges amyſſe. Yea, and the Apoſtles afflicted certaine, that they might become the better. Paul ſayd vntounto the Corrinthians, deliuer ſuche a one to Sathan to the deſtruction of the fleſhe, that the ſpirite may be ſaued. And to Timothe he ſayth of Hymeneus & Alexander, I hauehave delyuered them to Sathan, to learne not to curſſe. So oughte they alſo to reſtrayne Princes, that they maye bee made better. Auguſtine alſo in his .xix.Auguſtine. booke De ciuitate dei, ſayth, that warres though they bee neuer ſo iuſt, yet vntounto godly men, they ſeeme both troubleſome and grieuous: for beſydes other things which the nature of man eſcheweth, they ſhall ſee the iniquity of their aduerſaries ſyde, for which they are compelled to fyght: and they cannot but be ſorye for it. And in the Epiſtle before alledged: Rage not, ſaythe hee, nor waxe not inſolent agaynſt thoſe that ſubmyt them ſelues, but ſhewe mercye to thoſe that are ouercome. Wherefore Virgil ſayth: Spare them that ſubmit them ſelues,Virgil. and deſtroye the proude.
Moreouer he admoniſheth the ſame Earle, to beware of vyces, whyche are wont to followe hoſtes, namelye of fylthye luſte, of rauenous pyllynge, and of dronkenneſſe. For it is a thyng moſte vyle for thee therefore to make warre, to amende the vices of others, when as thou in the meane tyme art a great deale more vicious, and muche more art ouercome bothe wyth affections and diſeaſes, then they are whyche are ouercome.
For in warre we reproue not the ende, but the deſire to hurt, the crueltye of auengement, the outragiouſneſſe of rebelling, and the luſt of bearing dominion. Theſe thinges ſaith he, are condemned. For they, which forſaking ſuche vices doo make iuſt warre, are the Miniſters of God and of the lawes. The ſame father againſt Fauſtus Manicheus: This order ſaith he, is to bee kept, that the war be proclaimed, either of God, or of Princes, to breake the pryde of man, and to came the ſtubburne.
Farther, the Souldiours oughte to bee perſwaded, that the warre is iuſtlye made, and not taken in hande againſte the woorde of God: otherwyſe let them not fight. Neither doo I to this ende ſpeake theſe thinges, bicauſe I woulde hauehave Soldiours to vnderſtand the ſecretes of Princes, but that knowing & wittingly they ſuffer not themſelues to fight againſt true and iuſt cauſes. Yet it may be (ſaith Auguſtine) that the Prince may make warre againſte his conſcience, and yet his Soldiours nothing offende, ſo long as they obey the ordinarye power. For the people muſt obey their Prince. And in their ſo doyng, it may be doubtfull vntounto them, whether their Prince make warre contrarye to the commaundement of God. But they are excuſed, ſo long as they obey their owne Prince in a doubtful cauſe, their own Prince I ſay, and not a ſtraunge Prince. Wherefore thoſe hired Soldiours can not be excuſed, which hauing no reſpecte vntounto the cauſe,Againſte hyred Soldiours. but onelyonly for mony and rewardes ſake do ſerue ſtraunge Princes. Wherefore Iiphtah thus reaſoned, as touching the firſt point of his Oracion, we hauehave taken the land by the right of warre: therefore thou vniuſtly requireſt the ſame of vsus.
The next poynt is, our God hath geuen it vntounto vsus, whiche is the Lorde and diſtributer of all thinges humane. He brinketh his argument from the gyfte of God.God is ye diſtributer of kyngdomes. Virgil. And that God might geue and diſtribute kingdomes, the verye Ethnike authours alſo ſawe. And therefore in Virgil Eneas doth ſo often boaſt, that hee by the commaundement of God went into Italy, and for that cauſe would not abide either at Carthage, or in Sicilia, when he mought hauehave obtained either of thoſe kingdomes.Auguſtine Auguſtine in his .v. booke De ciuitate dei, the .xxviii. chap. Of kingdomes ſayth he, and Prouinces it is certaine that God diſtributeth them, both when, and how muche, and to whom hee wyll: and that by ſecrete iudgementes, but not vniuſt. In the booke of Geneſis, God promiſed vntounto Abraham and his poſterity, the land of Chanaan: but hee promiſed it after foure hundred yeares. Now, ſaith he, I wyl not geue it, for as yet the ſynnes of the Chananites are not full. I wyll not caſt them out now, but I wyll tary tyll their iniquitye be come to the hygheſt: afterward I wyll bring you in. Alſo in the ſeconde chapter of Deutronomy, it is written that the Horites dwelled in mount Seir, which were men experte in warres and very valiant, whom God ſayth he draue oute of thoſe mountaynes, that the Chyldren of Eſau myght poſſeſſe the lande. And in the ſame chapter he teſtifieth that he dyd caſt out the people of Emim, & gaue their kingdomes vntounto the Ammonites, and draue out Zanzumim oute of theyr places, and placed the Moabites there.
If thou wylt ſay, that thys was done by God peculiarly agaynſte theſe nacious, bycauſe the Edomites had their ofſpring of Eſau, the Ammonites and Moabites of Lot, which was kynſman vntounto Abraham, and had together with hym accompliſhed moſt daungerous viages: I aunſwer, the ſame may be ſaide alſo in the ſame place of other nacions, which came not of Abrahrm. The Capadocians draue out the Heuites whyche were the firſt inhabiters, who going out of Capadocia, How regions are ſayde to bee deuided by lot.deſtroyed them, and in their place inhabited thoſe Regions. And in Deuteronomy the .xxxii. chapter it is wrytten, when God by lot deuided the Gentiles, and the people according to the number of the Chyldren of Iſraell. In that it is ſayde to be done by lot, al that is to be referred vntounto our vnderſtandyng, whiche ſee not the cauſes of thinges. But wyth God nothing is done by lot. God hath diſtributed the nacions according to the number of the chyldren of Iſrael. For the Iſraelites were not yet increaſed, when God put the people in thoſe Regions, who at the laſte gaue place vntounto the Iſraelites when they came.
Neyther ought we to be offended, if by this diſtribution oftentimes fertil and fat landes happen vntounto the vngodly. For Auguſtine in hys .4.Auguſtine. booke De ciuitate dei, the .xxxiii. chapter, ſayth: That giftes whiche dure but for a tyme, happen both to the iuſt and vniuſt. For God maketh his ſunne to ſhyne, both vponupon the good and the euyll, and rayneth vponupon the iuſt and vniuſt. But by this common benefite the godly hauehave this commoditye onelyonly, that they vnderſtande that theſe thinges are not the chiefeſt gyftes which wee oughte to looke for, bycauſe theſe are common both to the good and to the euyll. But the godlye wayte for other more excellent, which are not common to the good and euyll. Yea and Danyel ſaith: The name of the Lord be bleſſed for euer: for it is he whiche tranſferreth kingdomes, and driueth out the firſt inhabiters, and bringeth in other. Neither doth he onelyonly bring men into Prouinces, but alſo ſetteth Aungels to rule ouer them, as we there reade of the Prince of the Perſians and Grecians. And he hath not onelyonly deuided men by landes, but alſo by tounges and manners. Farther, we muſt remember that theſe mutacions were not done onelye at the begynning, but alſo in the latter times. For the Frenche men poſſeſſed Gallia, and the Engliſhe Saxones Britane. but the Britanes heing caſt out by them, found new places in Gallia by power and violence, and that part whiche they obtayned, they called Britane of them ſelues. The men of Gallia alſo of late, going out of their own borders, poſſeſſed a great part of Italy. The Hunnes ſubdued vntounto themſelues the Pannonites, and called the Countrey Hungaria. So God diſtributeth kyngdomes, caſteth out ſome, and bringeth in other ſome, as it ſeemeth good vntounto his iuſt iudgement, which is ſecrete. For the earth is the Lordes, and the fulnes thereof. This diſtribution chaunced euen from the beginning to the ſonnes of Noe, and afterwarde to thoſe whych builded the Tower of Babel: for God diſperſed them throughout the whole world.
Now I wyl declare by what meanes God is wont to geue kyngdomes.God diſtributeth kingdom… of his mere liberality. He geueth them of his owne liberalitye, no right compelling him thereunto. That is the true manner of gifte, which otherwyſe is not a gift, vnleſſe it be free. And yet nothing letteth, but that God by the dutyes and obedience of godlye men, may be prouoked to geue. He geueth in deede often tymes manye thinges vntounto godly men, but yet of no dutye. For there hath bene none at anye tyme ſo godlye, that he coulde deſyre any thing of God, as his owne by right. For hee muſte doo hys dutye, though God geue nothing. And yet is a gyft a certayne reward, which although it be free, and geuen wythout any right compelling thereunto, neuertheleſſe, bicauſe it is after a ſorte beſtowed vponupon duties, it hath a ſhewe of a rewarde. So in Ezechiel God gaue a gift vntounto the king of Babilon. Bycauſe (ſayth he) he laboured in the ſiege of Tire, I wyll geue vntounto hym the lande of Egipt.
Ther ar alſo amongeſt men recompences,A gift in way… of reward, when one office is recōpenced with an other office. Theſe alſo are voluntarye, neyther can they bee demaunded by iudiciall action, and therefore they are counted among giftes. But we hauehave nothing which we can geue vntounto him.We hauehave nothinge to geue vntounto God. Wherfore if we attempt to bring any thing vntounto him, we render vntounto him his owne. And therfore there is no reſpect of merite to be referred in vsus towarde him. Wherefore God geueth liberally, no law compelling hym thereunto.
Giftes maye be reuoked.But it may be demaunded, whether ſuche giftes maye bee reuoked? Why ſhould they not? when as the giftes of men alſo are ſometimes reuoked, as it is in the Code De reuocatione donacionum. Firſt, if they hauehave condicions annexed to them, whych hauehave not bene performed. And after that manner vndoubtedlye God gaue the lande of Chanaan to the Chyldren of Iſraell, namelye that they ſhoulde woorſhyppe hym, not onelyonly in ceremonies, but alſo in good manners and holynes. But ſeing thys condicion was not performed, God iuſtlye reuoked hys gyfte, and ledde them awaye captiue, and gaue the lande vntounto the Babilonians, Aſſirians, Egiptians, and Romanes.
A great ingratitude alſo of hym that is endued wyth the gifte, debilitateth the gyft: for if he be ſo ingrate, that he wyll bee contumelious and reprochefull vntounto the geuer, the gift is then reuoked. So God in Ezechiel complayneth: I hauehave clothed thee with veſtures and garmentes of ſundrye coulours: thou haſte made thoſe proper vntounto Idolles, and haſte geuen them to Baal. Therefore wyll I take away my garmentes from thee,Giftes of God are wythout repentaunce. and my clothings of ſundry coulours. &c But thou wylt ſay, the giftes and vocation of God are wythoute repentaunce, as it is wrytten to the Romanes. I graunt that: but the chaunging is in vsus, and not in God. For if we ſhall continue thankefull, and ſtande to the condicions, the gyft ſhoulde be firme and ratefied. Farther, Paule in that ſentence ſpake of gyftes and calling, whych come vntounto men by the eternal predeſtination of God, and not of thoſe which are geuen but onelyonly for a time. Wherefore ſeing God had not for the cauſes before rehearſed, caſt out the Iſraelites from the lande of Chanaan, the gift remayned ratefied and whole. And Iiphtahs argument drawen of it, hath his ſtrength and ſure foundacion. Moreouer it may alſo ſeeme that God gaue that lande vntounto the Iſraelites in the name of a dowry: for he woulde after a ſorte wedde vntounto hymſelfe the Churche of the Iewes,The land was geuen vntounto the Iſraelits with out any iniury to the Chananites. and geue vntounto it ſomewhat for a dowry. And yet gaue he not that lande vntounto them, to the iniury of the Chananites. For they were vngodly, and defiled with moſt grieuous wicked actes, as it appeareth in the .xx. chap. of Numbers. Neither coulde they complaine that they were caſt out wrongfullye: wherefore Iiphtah doth verye well make his argument from the gift of God.
He addeth farther the third argument, deriued from preſcription: VVe hauehave now (ſayth hee) poſſeſſed thys lande three hundred yeares. Therefore thou doeſt vsus iniury, in requiring it now of vsus at the laſt.