CHAPTER XX.06

XII. If it be objected that the New Testament contains no precept or example, which proves war to be lawful to Christians, I answer, first, that the reason for waging war which existed in ancient times, is equally valid in the present age; and that, on the contrary, there is no cause to prevent princes from defending their subjects. Secondly, that no express declaration on this subject is to be expected in the writings of the apostles, whose design was, not to organize civil governments, but to describe the spiritual kingdom of Christ. Lastly, that in those very writings it is implied by the way, that no change has been made in this respect by the coming of Christ. “For,” to use the words of Augustine, “if Christian discipline condemned all wars, the soldiers who inquired respecting their salvation ought rather to have been directed to cast away their arms, and entirely to renounce the military profession; whereas the advice given them was, ‘Do violence to no man, neither accuse any falsely; and be content with your wages.’

[1449]

An injunction to be content with their wages was certainly not a prohibition of the military life.” But here all magistrates ought to be very cautious, that they follow not in any respect the impulse of their passions. On the contrary, if punishments are to be inflicted, they ought not to be precipitated with anger, exasperated with hatred, or inflamed with implacable severity: they ought, as Augustine says, “to commiserate our common nature even in him whom they punish for his crime.” Or, if arms are to be resorted to against an enemy, that is, an armed robber, they ought not to seize a trivial occasion, nor even to take it when presented, unless they are driven to it by extreme necessity. For, if it be our duty to exceed what was required by that heathen writer who maintained that the evident object of war ought to be the restoration of peace, certainly we ought to make every other attempt before we have recourse to the decision of arms. In short, in both cases they must not suffer themselves to be carried away by any private motive, but be wholly guided by public spirit; otherwise they grossly abuse their power, which is given them, not for their own particular advantage, but for the benefit and service of others. Moreover, on this right of war depends the lawfulness of garrisons, alliances, and other civil munitions. By garrisons, I mean soldiers who are stationed in towns to defend the boundaries of a country. By alliances, I mean confederations which are made between neighbouring princes, that, if any disturbance arise in their territories, they will render each other mutual assistance, and will unite their forces together for the common resistance of the common enemies of mankind. By civil munitions, I mean all the provisions which are employed in the art of war.

XIII. In the last place, I think it necessary to add, that tributes and taxes are the legitimate revenues of princes; which, indeed, they ought principally to employ in sustaining the public expenses of their office, but which they may likewise use for the support of their domestic splendour, which is closely connected with the dignity of the government that they hold. Thus we see that David, Jehoshaphat, Hezekiah, Josiah, and other pious kings, and likewise Joseph and Daniel, without any violation of piety, on account of the office which they filled, lived at the public expense; and we read in Ezekiel of a very ample portion of land being assigned to the kings;

[1450]

in which passage, though the prophet is describing the spiritual kingdom of Christ, yet he borrows the model of it from the legitimate kingdoms of men. On the other hand, princes themselves ought to remember, that their finances are not so much private incomes, as the revenues of the whole people, according to the testimony of Paul,

[1451]

and therefore cannot be lavished or dilapidated without manifest injustice; or, rather, that they are to be considered as the blood of the people, not to spare which is the most inhuman cruelty; and their various imposts and tributes ought to be regarded merely as aids of the public necessity, to burden the people with which, without cause, would be tyrannical rapacity. These things give no encouragement to princes to indulge profusion and luxury; and certainly there is no need to add fuel to their passions, which of themselves are more than sufficiently inflamed; but, as it is of very great importance, that whatever they undertake they attempt it with a pure conscience before God, it is necessary, in order to their avoiding vain confidence and contempt of God, that they be taught how far their rights extend. Nor is this doctrine useless to private persons, who learn from it not to pronounce rash and insolent censures on the expenses of princes, notwithstanding they exceed the limits of common life.

XIV. From the magistracy, we next proceed to the laws, which are the strong nerves of civil polity, or, according to an appellation which Cicero has borrowed from Plato, the souls of states, without which magistracy cannot subsist, as, on the other hand, without magistrates laws are of no force. No observation, therefore, can be more correct than this, that the law is a silent magistrate, and a magistrate a speaking law. Though I have promised to show by what laws a Christian state ought to be regulated, it will not be reasonable for any person to expect a long discussion respecting the best kind of laws; which is a subject of immense extent, and foreign from our present object. I will briefly remark, however, by the way, what laws it may piously use before God, and be rightly governed by among men. And even this I would have preferred passing over in silence, if I did not know that it is a point on which many persons run into dangerous errors. For some deny that a state is well constituted, which neglects the polity of Moses, and is governed by the common laws of nations. The dangerous and seditious nature of this opinion I leave to the examination of others; it will be sufficient for me to have evinced it to be false and foolish. Now, it is necessary to observe that common distinction, which distributes all the laws of God promulgated by Moses into moral, ceremonial, and judicial; and these different kinds of laws are to be distinctly examined, that we may ascertain what belongs to us, and what does not. Nor let any one be embarrassed by this scruple, that even the ceremonial and judicial precepts are included in the moral. For the ancients, who first made this distinction, were not ignorant that these two kinds of precepts related to the conduct of moral agents; yet, as they might be changed and abrogated without affecting the morality of actions, therefore they did not call them moral precepts. They particularly applied this appellation to those precepts without which there can be no real purity of morals, nor any permanent rule of a holy life.