International law; Natural law; War (International law)
The gospel has made no change in this respect, but rather favours
treaties, by which assistance in a just cause may be afforded even to
those, who are strangers to religion. For to embrace opportunities of
doing good to all men is not only permitted as laudable, but enjoined
as a precept. For in imitation of God, who makes his sun to rise upon
the righteous and the wicked, and refreshes them both with his gracious
rain, we are commanded to exclude no race of men from their due share
of our services. Yet, in equal cases, it admits of no doubt, that those
within the pale of our own religious communion have a preferable claim
to our support.
IX. In addition to the foregoing arguments we may observe that as all
Christians are considered as members of one body, which are required to
feel for the pains and sufferings of each other, this precept applies
not only to individuals, but to nations and kings in their public
capacity. For the rule of duty is not to be measured by the inclination
of individuals, but by the injunctions of Christ. And in some cases
the ravages of an impious enemy can only be opposed by a firm alliance
among Christian kings, and governments. And it is a duty from which
nothing, but inevitable necessity, and their immediate attention being
engrossed by the prosecution of other wars, can excuse them.
X. Another question frequently arises, which is, when two states are
engaged in war with each other, to which of them a power, equally
allied to both, ought in preference to give assistance. Here too we
must observe there can be no obligation to support unjust wars. On
which account that confederate power, which has justice on its side,
will have a claim to preference, if engaged in war with another not
comprehended in the number of confederates, or even if engaged with one
of the confederates themselves.
But if two powers engage in a war, equally unjust on both sides, a
third power, united in confederacy with both, will prudently abstain
from interference. Again, if two powers allied to us are engaged in
a just war against others, with whom we have no connection; in the
supplies of men or money that we furnish to either we ought to follow
the rule, observed in the case of personal creditors.[42]
But if personal assistance, which cannot be divided, is required of the
contracting party, in that case the preference must be given to the
engagements of the longest standing. However the case of a subsequent
treaty, which makes the engagements of a more binding and extensive
nature, will form an exception to this rule.
XI. The tacit renewal of a treaty ought not to be presumed upon at the
expiration of the period, limited for its continuance, unless certain
acts be performed, which can expressly be construed as a renewal of it,
and can be taken in no other sense.
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