1 BEcause in the holie Historie, there is often mentio~ made of war: I thought good to speake somewhat of y e matter. 2 And as touching the Etymologie of the word, it is called in the Hebrew Milchamah, of Lacham, which is to fall and be cut off, and that either with a sword or with the téeth, because in warre many slaughters are committed. The Gretians betwéene ⟨…⟩ and ⟨…⟩ put the same difference that the Latines haue put betwéene Bellum and Praelium, that is, warre and battell. And it séemeth that ⟨…⟩ hath taken name of ⟨…⟩, that is, of turning: because manie are the turnings and chaunces in warre. Whereof perhaps came that saying: Manie be the newes of Warre. In Latine it is called Bellum, either by the figure Antiphrasis, as who would say, not good: or else because it is a good thing, and compared vnto peace: or else (as Festus saieth) of Belluis, 3 that is, cruell beastes or monsters. Now will we distinguish warre, the subiect doubtlesse into accidentes. Some warre therefore is iust, and othersome vniust. Howbeit to speake truely, vniust warre, is no warre: it is rather Théeuerie. 4 And iust warre maie thus not vnaptly be defined. It is an Hostile dissention whereby through the Princes edict mischiefes are repressed by force and Armes, to the intent that men may peaceably and quietly liue by iustice and godlinesse. 5 The generall kinde is dissention. For contrarie vnto warre is peace, and as the generall kinde of peace is vnion, so the generall kind of war is dissention. But because dissention is manifold (for men dissent among the~ selues either in opinions or in kinde of life, or in will,) therefore Hostile is added. And because there may be an Hostile dissention, which is not tried by weapons, there is also added, By Force and Armes. 6 The efficient cause is the commaundement of the Prince, without which, 7 warre cannot rightly bee made. The ende is, that people maie quietly maintaine iustice and godlinesse. Here haue we comprehended the foure kindes of causes. The forme, is Hostile dissention: the matter are the mischiefes which ought to be repressed: the efficient cause is the Magistrate: the ende is, that wee maie liue iustly and godly. But when we say that the Edict of the Prince is required, we vnderstand no difference betwéene a King, the gouernment of manie good men, and a Common weale; but we onelie oppose a Prince against a priuate man.
2 Hereof are gathered those thrée properties which commonly are ascribed vnto right warfaring. First, 8 that there is required the authoritie of the Prince: Secondly, an honest cause, to wit, that peace be sought for: Lastly that it be doone with a good mind. I am not ignorant that Plato in Alcibiade. 1. writeth that men mooue warre, when as either they be deceiued, or constrained, or spoyled. But all these things are included in that part wherein I said: To the intent that mischiefes may be repressed. Augustine in the tenth question vpon Iosua saieth, that warre hath a reuenging force, and that therefore it is good right to make warre vpon any nation or Citie which shall despise to correct that which is shamefully committed: and that therefore the warre of the Israelites against the Tribe of Beniamin was iust, 9 for that they being so often admonished, yet would not reuenge a wicked act. And he addeth that the cause of warre is iust, if things taken away by iniurie be not restored. Isidorus also in the 17. booke the first Chapter saith: that warre is rightly taken in hand either for demaunding of restitution, or else for the putting awaie of iniuries. And Augustine in the selfe same former place: The warre (saieth he) is rightly made, which is taken in hand by the commaundement of God. And they which so make warre saieth he, are not so much the Authors of warre, as they be the Ministers of God. The same Father in the 44. question vpon Numeri saieth, that the war which y e Israelites made with the Amorrhites was iust, because they had denied vnto them a safe passage, when they required the same. And as touching the efficient cause: 10 that warre cannot be made, without the authoritie of the Prince, it is certaine. For Paule saieth, That he beareth the sword. Therefore he may either giue it or take it from who~ he wil. And in the Code, in the title Vt armorum officia nisi iussu principis sunt interdicta, in the law Nulli, Valentinianus saith, Let no vse of warres be had without our consent. And in the Digestes Ad legem Iuliam maiestatis the 3. lawe: They which make warre or muster me~, or gather any armie together without the commaundement of the Prince, are in daunger of the same law. And in the Code, De re militari, in the lawe Nemini, the selfe same thing is decréed, and that not vniustly. For if a priuate man, at his owne assignement will take weapons in hand, he doeth iniurie to the Magistrate: séeing if he bée wronged, it behooueth him to make sute vnto the Prince for his right. But if he will with strong hand giue sentence on his owne side, he committeth treason. Yea and he which fighteth in the Campe without commaundement of the Emperour, is put to death, although that the matter otherwise happen well. The like haue we in the Digestes De re militari, in the lawe Desertorem. And those things which be so taken by the enemie are vniustly possessed, and ought to be restored, because the commaundement of the Prince was not had therein. Wherefore let the banished men at this day take héede what they do, when they denounce warre against their owne Cities from whence they be cast: séeing that is no warre but Théeuerie. For which cause Caesar when he went to Rome with his Armie, and that Antonie and some of the Tribunes of the people came vnto him, was glad that he had in his Armie some Magistrate.