International law; Natural law; War (International law)
The tenth argument is taken from that part of the xxv. chap. of the
Acts of the Apostles, where Paul says, "If I have wronged any man, or
done any thing worthy of death, I refuse not to die." From whence the
opinion of St. Paul may be gathered, that, even after the publication
of the gospel, there were certain crimes which justice not only allowed
but required to be punished with death; which opinion St. Peter also
maintains. But if it had been the will of God that capital punishments
should be abolished, Paul might have cleared himself, but he ought not
to have left an impression on the minds of men, that it was at that
time equally lawful as before to punish the guilty with death. Now as
it has been proved, that the coming of Christ did not take away the
right of inflicting capital punishments, it has at the same time been
proved, that war may be made upon a multitude of armed offenders, who
can only be brought to justice by defeat in battle. The numbers, the
strength and boldness of the aggressors, though they may have their
weight in restraining our deliberations, cannot in the least diminish
our right.
The substance of the eleventh argument rests not only upon our
Saviour's having abolished those parts of the Mosaic law, which formed
a wall of separation between the Jews and other nations, but upon
his allowing the moral parts to remain, as standing rules, approved
by the law of nature, and the consent of every civilized people, and
containing whatever is good and virtuous.
Now the punishing of crimes, and the taking up arms to avenge or ward
off injuries are among those actions, which by the law of nature
rank as laudable, and are referred to the virtues of justice and
beneficence. And here is the proper place to animadvert slightly upon
the mistake of those, who derive the rights of war, possessed by the
Israelites, solely from the circumstance of God having given them the
land of Canaan and commissioned them to drive out the inhabitants. This
may be one just reason, but it is not the sole reason.
For, prior to those times, holy men guided by the light of nature
undertook wars, which the Israelites themselves afterwards did for
various reasons, and David in particular, to avenge the violated rights
of ambassadors. But the rights, which any one derives from the law of
nature, are no less his own than if God had given them: nor are those
rights abolished by the law of the Gospel.
VIII. Let us now consider the arguments, by which the contrary opinion
is supported, that the pious reader may judge more easily, to which
side the scale inclines.
Public-domain text, read in full here on John Shaqi.
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