Let us take as an illustration of his method the question of the
slaughter of women and children. This he began with admitting to be
a strict right of war. Profane history supplied him with several
instances of such massacres, and so more especially did Biblical
history. He refrained, he expressly tells us, from adducing the slaying
of the women and children of Heshbon by the Hebrews, or the command
given to them to deal in the same way with the people of Canaan, for
these were the works of God, whose rights over mankind were far greater
than those of man over beasts. He preferred, as coming nearer to the
practice of his own time, the testimony of that verse in the Psalms
which says, ‘Blessed shall he be who shall dash thy children against a
stone.’ Subsequently he withdrew this right of war, by reference to the
better precedents of ancient times. It does not appear to have occurred
to him that the precedents of history, if we go to them for our rules
of war, will prove anything, according to the character of the actions
we select. Camillus (in Livy) speaks of childhood as inviolable even
in stormed cities; the Emperor Severus, on the other hand, ordered his
soldiers to put all persons in Britain to the sword indiscriminately,
and in his turn appealed to precedent, the order, namely, of Agamemnon,
that of the Trojans not even children in their mothers’ womb should
be spared from destruction. The children of Israel were forbidden in
their wars to cut down fruit trees; yet when they warred against the
Moabites, ‘they stopped all the wells of water and felled all the good
trees.’ It was only possible in this way to distinguish the better
custom from the worse, not the right from the wrong; either being
equally justifiable on a mere appeal to historical instances.
The rules of war which prevailed in the time of Grotius--the early
time of the Thirty Years’ War--may be briefly summarised from his work
as follows. The rights of war extended to _all_ persons within the
hostile boundaries, the declaration of war being essentially directed
against every individual of a belligerent nation. Any person of a
hostile nation, therefore, might be slain wherever found, provided it
were not on neutral territory. Women and children might be lawfully
slain (as it will be shown that they were also liable to be in the
best days of chivalry); and so might prisoners of war, suppliants for
their lives, or those who surrendered unconditionally. It was lawful
to assassinate an enemy, provided it involved no violation of a tacit
or express agreement; but it was unlawful to use poison in any form,
though fountains, if not poisoned, might be made undrinkable. Anything
belonging to an enemy might be destroyed: his crops, his houses, his
flocks, his trees, even his sacred edifices, or his places of burial.
Public-domain text, read in full here on John Shaqi.
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