Part 2

Aristotle strongly condemns the Lacedæmonians and Cretans for regarding war and conquest as the sole ends to which all law and education should be directed. Also in non-Greek tribes like the Scythians, Persians, Thracians and Celts he says, only military power is admired by the people and encouraged by the state. “There was formerly too a law in Macedonia that any one who had never slain an enemy should wear the halter about his neck.” Among the Iberians too, a military people, “it is the custom to set around the tomb of a deceased warrior a number of obelisks corresponding to the number of enemies he has killed.... Yet ... it may well appear to be a startling paradox that it should be the function of a Statesman to succeed in devising the means of rule and mastery over neighbouring peoples whether with or against their own will. How can such action be worthy of a statesman or legislator, when it has not even the sanction of law?” (_op. cit._, IV. Ch. 2.)

We see that Aristotle disapproves of a glorification of war for its own sake, and regards it as justifiable only in certain circumstances. Methods of warfare adopted and proved in the East would not have been possible in Greece. An act of treachery, for example, such as that of Jael, (_Judges_ IV. 17) which was extolled in songs of praise by the Jews, (_loc. cit._ V. 24) the Greek people would have been inclined to repudiate. The stories of Roman history, the behaviour of Fabricius, for instance, or Regulus and the honourable conduct of prisoners on various occasions released on parole, show that this consciousness of certain principles of honour in warfare was still more highly developed in Rome.

Socrates in the _Republic_ (V. 469, 470) gives expression to a feeling which was gradually gaining ground in Greece, that war between Hellenic tribes was much more serious than war between Greeks and barbarians. In such civil warfare, he considered, the defeated ought not to be reduced to slavery, nor the slain despoiled, nor Hellenic territory devastated. For any difference between Greek and Greek is to “be regarded by them as discord only—a quarrel among friends, which is not to be called war”.... “Our citizens [_i.e._ in the ideal republic] should thus deal with their Hellenic enemies; and with barbarians as the Hellenes now deal with one another.” (V. 471.)

The views of Plato and Aristotle on this and other questions were in advance of the custom and practice of their time.

The treatment of a defeated enemy among the Jews rested upon a similar religious foundation. In the East, we find a special cruelty in the conduct of war. The wars of the Jews and Assyrians were wars of extermination. The whole of the _Old Testament_, it has been said, resounds with the clash of arms.[9] “An eye for an eye, a tooth for a tooth!” was the command of Jehovah to his chosen people. Vengeance was bound up in their very idea of the Creator. The Jews, unlike the followers of Mahomet, attempted, and were commanded to attempt no violent conversion[10]; they were then too weak a nation; but they fought, and fought with success against the heathen of neighbouring lands, the Lord of Hosts leading them forth to battle. The God of Israel stood to his chosen people in a unique and peculiarly logical relation. He had made a covenant with them; and, in return for their obedience and allegiance, cared for their interests and advanced their national prosperity. The blood of this elect people could not be suffered to intermix with that of idolaters. Canaan must be cleared of the heathen, on the coming of the children of Israel to their promised land; and mercy to the conquered enemy, even to women, children or animals was held by the Hebrew prophets to be treachery to Jehovah. (_Sam._ XV.; _Josh._ VI. 21.)

[9] “The Lord is a man of war,” said Moses (_Exodus_ XV. 3). Cf. _Psalms_ XXIV. 8. He is “mighty in battle.”

[10] This was bound up with the very essence of Islam; the devout Mussulman could suffer the existence of no unbeliever. Tolerance or indifference was an attitude which his faith made impossible. “When ye encounter the unbelievers,” quoth the prophet (_Koran_, ch. 47), “strike off their heads, until ye have made a great slaughter among them.... Verily if God pleased he could take vengeance on them without your assistance; but he commandeth you to fight his battles.”

The propagation of the faith by the sword was not only commanded by the Mohammedan religion: it was that religion itself.

Hence the attitude of the Jews to neighbouring nations[11] was still more hostile than that of the Greeks. The cause of this difference is bound up with the transition from polytheism to monotheism. The most devout worshipper of the national gods of ancient times could endure to see other gods than his worshipped in the next town or by a neighbouring nation. There was no reason why all should not exist side by side. Religious conflicts in polytheistic countries, when they arose, were due not to the rivalry of conflicting faiths, but to an occasional attempt to put one god above the others in importance. There could be no interest here in the propagation of belief through the sword. But, under the Jews, these relations were entirely altered. Jehovah, their Creator, became the one invisible God. Such an one can suffer no others near him; their existence is a continual insult to him. Monotheism is, in its very nature, a religion of intolerance. Its spirit among the Jews was warlike: it commanded the subjugation of other nations, but its instrument was rather extermination than conversion.

[11] See _Acts_ X. 28:—“Ye know that it is an unlawful thing for a man that is a Jew to keep company, or come unto one of another nation.”

_The Attitude of Christianity and the Early Church to War._

From the standpoint of the peace of nations, we may say that the Christian faith, compared with other prominent monotheistic religious systems, occupies an intermediate position between two extremes—the fanaticism of Islam, and to a less extent of Judaism, and the relatively passive attitude of the Buddhist who thought himself bound to propagate his religion, but held himself justified only in the employment of peaceful means. Christianity, on the other hand, contains no warlike principles: it can in no sense be called a religion of the sword, but circumstances gave the history of the Church, after the first few centuries of its existence, a character which cannot be called peace-loving.

This apparent contradiction between the spirit of the new religion and its practical attitude to war has led to some difference of opinion as to the actual teaching of Christ. The _New Testament_ seems, at a superficial glance, to furnish support as readily to the champions of war as to its denouncers. The Messiah is the Prince of Peace (_Is._ IX. 6, 7; _Heb._ VI.), and here lies the way of righteousness (_Rom._ III. 19): but Christ came not to bring peace, but a sword (_Matth._ X. 34). Such statements may be given the meaning which we wish them to bear—the quoting of Scripture is ever an unsatisfactory form of evidence; but there is no direct statement in the _New Testament_ in favour of war, no saying of Christ which, fairly interpreted, could be understood too regard this proof of human imperfection as less condemnable than any other.[12] When men shall be without sin, nation shall rise up against nation no more. But man the individual can attain peace only when he has overcome the world, when, in the struggle with his lower self, he has come forth victorious. This is the spiritual sword which Christ brought into the world—strife, not with the unbeliever, but with the lower self: meekness and the spirit of the Word of God are the weapons with which man must fight for the Faith.

[12] Neither, however, is there any which regards the soldier as a murderer.

An elect people there was no longer: Israel had rejected its Messiah. Instead there was a complete brotherhood of all men, the bond and the free, as children of one God. The aim of the Church was a world-empire, bound together by a universal religion. In this sense, as sowing the first seeds of a universal peace, we may speak of Christianity as a re-establishment of peace among mankind.

The later attitude of Christians to war, however, by no means corresponds to the earliest tenets of the Church. Without doubt, certain sects, from the beginning of our era and through the ages up to the present time, held, like the Mennonites and Quakers in our day, that the divine command, “Love your enemies,” could not be reconciled with the profession of a soldier. The early Christians were reproached under the Roman Emperors, before the time of Constantine, with avoiding the citizen’s duty of military service.[13] “To those enemies of our faith,” wrote Origen (_Contra Celsum_, VIII., Ch. LXXIII., Anti-Nicene Christian Library), “who require us to bear arms for the commonwealth, and to slay men, we can reply: ‘Do not those who are priests at certain shrines, and those who attend on certain gods, as you account them, keep their hands free from blood, that they may with hands unstained and free from human blood offer the appointed sacrifices to your gods; and even when war is upon you, you never enlist the priests in the army. If that, then, is a laudable custom, how much more so, that while others are engaged in battle, these too should engage as the priests and ministers of God, keeping their hands pure, and wrestling in prayers to God on behalf of those who are fighting in a righteous cause, and for the king who reigns righteously, that whatever is opposed to those who act righteously may be destroyed!’ ... And we do take our part in public affairs, when along with righteous prayers we join self-denying exercises and meditations, which teach us to despise pleasures, and not to be led away by them. And none fight better for the king than we do. We do not indeed fight under him, although he require it; but we fight on his behalf, forming a special army—an army of piety—by offering our prayers to God.” The Fathers of the Church, Justin Martyr, Clement of Alexandria, Tertullian, Ambrose and the rest gave the same testimony against war. The pagan rites connected with the taking of the military oath had no doubt some influence in determining the feeling of the pious with regard to this life of bloodshed; but the reasons lay deeper. “Shall it be held lawful,” asked Tertullian, (_De Corona_, p. 347) “to make an occupation of the sword, when the Lord proclaims that he who uses the sword shall perish by the sword? And shall the son of peace take part in the battle when it does not become him even to sue at law? And shall he apply the chain, and the prison, and the torture, and the punishment, who is not the avenger even of his own wrongs?”

[13] In the early centuries of our era Christians seem to have occasionally refused to serve in the army from religious scruples. But soldiers were not always required to change their profession after baptism. And in _Acts_ X., for example, nothing is said to indicate that the centurion, Cornelius, would have to leave the Roman army. See Tertullian: _De Corona_ (Anti-Nicene Christian Library), p. 348.

The doctrine of the Church developed early in the opposite direction. It was its fighting spirit and not a love of peace that made Christianity a state religion under Constantine. Nor was Augustine the first of the Church Fathers to regard military service as permissible. To come to a later time, this change of attitude has been ascribed partly to the rise of Mahometan power and the wave of fanaticism which broke over Europe. To destroy these unbelievers with fire and sword was regarded as a deed of piety pleasing to God. Hence the wars of the Crusades against the infidel were holy wars, and appear as a new element in the history of civilisation. The nations of ancient times had known only civil and foreign war.[14] They had rebelled at home, and they had fought mainly for material interests abroad. In the Middle Ages there were, besides, religious wars and, with the rise of Feudalism, private war:[15] among all the powers of the Dark Ages and for centuries later, none was more aggressive than the Catholic Church, nor a more active and untiring defender of its rights and claims, spiritual or temporal. It was in some respects a more warlike institution than the states of Greece and Rome. It struggled through centuries with the Emperor:[16] it pronounced its ban against disobedient states and disloyal cities: it pursued with its vengeance each heretical or rebellious prince: unmindful of its early traditions about peace, it showed in every crisis a fiercely military spirit.[17]

[14] There were so-called “Sacred Wars” in Greece, but these were due mainly to disputes caused by the Amphictyonic League. They were not religious, in the sense in which we apply the epithet to the Thirty Years’ war.

[15] “The administration of justice among rude illiterate people, was not so accurate, or decisive, or uniform, as to induce men to submit implicitly to its determinations. Every offended baron buckled on his armour, and sought redress at the head of his vassals. His adversary met him in like hostile array. Neither of them appealed to impotent laws which could afford them no protection. Neither of them would submit points, in which their honour and their passions were warmly interested, to the slow determination of a judicial inquiry. Both trusted to their swords for the decision of the contest.” Robertson’s _History of Charles V._, (_Works_, vol. V.) Sect. I., p. 38.

[16] Erasmus in the “Ἰχθυοφαγία” (_Colloquies_, Bailey’s ed., Vol. II., pp. 55, 56) puts forward the suggestion that a general peace might be obtained in the Christian world, if the Emperor would remit something of his right and the Pope some part of his.

[17] Cf. Robertson, _op. cit._, Sect. III., p. 106, _seq._

For more than a thousand years the Church counted fighting clergy[18] among its most active supporters. This strange anomaly was, it must be said, at first rather suffered in deference to public opinion than encouraged by ecclesiastical canons and councils, but it gave rise to great discontent at the time of the Reformation.[19] The whole question of the lawfulness of military service for Christians was then raised again. “If there be anything in the affairs of mortals,” wrote Erasmus at this time (_Opera_, II., _Prov._, 951 C) “which it becomes us deliberately to attack, which we ought indeed to shun by every possible means, to avert and to abolish, it is certainly war, than which there is nothing more wicked, more mischievous or more widely destructive in its effects, nothing harder to be rid of, or more horrible and, in a word, more unworthy of a man, not to say of a Christian.”[20] The mediæval Church indeed succeeded, by the establishment of such institutions as the Truce of God, in setting some limits to the fury of the soldier: but its endeavours (and it made several to promote peace)[21] were only to a trifling extent successful. Perhaps custom and public opinion in feudal Europe were too strong, perhaps the Church showed a certain apathy in denouncing the evils of a military society: no doubt the theoretical tenets of its doctrine did less to hinder war than its own strongly military tendency, its lust for power and the force of its example did to encourage it.

[18] Robertson (_op. cit._, Note XXI., p. 483) quotes the following statement: “flamma, ferro, caede, possessiones ecclesiarum praelati defendebant.” (Guido Abbas ap. Du Cange, p. 179.)

[19] J. A. Farrar, in a pamphlet, (reprinted from the _Gentleman’s Magazine_, vol. 257, 1884) on _War and Christianity_, quotes the following passage from Wycliffe in which he protests against this blot upon the Church and Christian professions.—“Friars now say that bishops can fight best of all men, and that it falleth most properly to them, since they are lords of all this world. They say Christ bade His disciples sell their coats, and buy them swords; but whereto, if not to fight? Thus friars make a great array, and stir up many men to fight. But Christ taught not His apostles to fight with a sword of iron, but with the sword of God’s Word, and which standeth in meekness of heart and in the prudence of man’s tongue.... If man-slaying in others be odious to God, much more in priests, who should be vicars of Christ.” See also the passage where Erasmus points out that King David was not permitted to build a temple to God, because he was a man of blood. “Nolo clericos ullo sanguine contaminari. Gravis impietas!” (_Opera_, IX., 370 B.)

This question had already been considered by Thomas Aquinas, who decided that the clergy ought not to be allowed to fight, because the practices of warfare, although right and meritorious in themselves, were not in accordance with a holy calling. (_Summa_, II. 2: Qu. 40.)

Aquinas held that war—excluding private war—is justifiable in a just cause. So too did Luther, (cf. his pamphlet: _Ob Kriegsleute auch in seligem Stande sein können?_) Calvin and Zwingli, the last of whom died sword in hand.

With regard to the question of a fighting clergy, the passage quoted from Origen (pp. 14, 15, above) has considerable interest, Origen looks upon the active participation of priests in warfare as something which everyone would admit to be impossible.

[20] See also the _Querela Pacis_, 630 B., (_Opera_, IV.):—“Whosoever preaches Christ, preaches peace.” Erasmus even goes the length of saying that the most iniquitous peace is better than the most just war (_op. cit._, 636 C).

[21] Cf. Robertson, _op. cit._, Note XXI. p. 483 and Sect. I., p. 39.

Hence, in spite of Christianity and its early vision of a brotherhood of men, the history of the Middle Ages came nearer to a realization of the idea of perpetual war than was possible in ancient times. The tendency of the growth of Roman supremacy was to diminish the number of wars, along with the number of possible causes of racial friction. It united many nations in one great whole, and gave them, to a certain extent, a common culture and common interests; even, when this seemed prudent, a common right of citizenship. The fewer the number of boundaries, the less the likelihood of war. The establishment of great empires is of necessity a force, and a great and permanent force working on the side of peace. With the fall of Rome this guarantee was removed.

_The Development of the New Science of International Law._

Out of the ruins of the old feudal system arose the modern state as a free independent unity. Private war between individuals or classes of society was now branded as a breach of the peace: it became the exclusive right of kings to appeal to force. War, wrote Gentilis[22] towards the end of sixteenth century, is the just or unjust conflict between states. Peace was now regarded as the normal condition of society. As a result of these great developments in which the name “state” acquired new meaning, jurisprudence freed itself from the trammelling conditions of mediæval Scholasticism. Men began to consider the problem of the rightfulness or wrongfulness of war, to question even the possibility of a war on rightful grounds. Out of theses new ideas—partly too as one of the fruits of the Reformation,[23]—arose the first consciously formulated principles of the science of international law, whose fuller, but not yet complete, development belongs to modern times.

[22] It is uncertain in what year the _De Jure Belli_ of Gentilis was published—a work to which Grotius acknowledges considerable indebtedness. Whewell, in the preface to his translation of Grotius, gives the date 1598, but some writers suppose it to have been ten years earlier.

[23] This came about in two ways. The Church of Rome discouraged the growth of national sentiment. At the Reformation the independence and unity of the different nations were for the first time recognised. That is to say, the Reformation laid the foundation for a science of international law. But, from another point of view, it not only made such a code of rules possible, it made it necessary. The effect of the Reformation was not to diminish the number of wars in which religious belief could play a part. Moreover, it displaced the Pope from his former position as arbiter in Europe without setting up any judicial tribunal in his stead.

From the beginning of history every age, every people has something to show here, be it only a rudimentary sense of justice in their dealings with one another. We may instance the Amphictyonic League in Greece which, while it had a merely Hellenic basis and was mainly a religious survival, shows the germ of some attempt at arbitration between Greek states. Among the Romans we have the _jus feciale_[24] and the _jus gentium_, as distinguished from the civil law of Rome, and certain military regulations about the taking of booty in war. Ambassadors were held inviolate in both countries; the formal declaration of war was never omitted. Many Roman writers held the necessity of a just cause for war. But nowhere do these considerations form the subject matter of a special science.

[24] Cf. Cicero: _De Officiis_, I. xi. “Belli quidem aequitas sanctissime feciali populi Romani jure perscripta est.” (See the reference to Lawrence’s comments on this subject, p. 9 above.)

“Wars,” says Cicero, “are to be undertaken for this end, that we may live in peace without being injured; but when we obtain the victory, we must preserve those enemies who behaved without cruelty or inhumanity during the war: for example, our forefathers received, even as members of their state, the Tuscans, the Æqui, the Volscians, the Sabines and the Hernici, but utterly destroyed Carthage and Numantia.... And, while we are bound to exercise consideration toward those whom we have conquered by force, so those should be received into our protection who throw themselves upon the honour of our general, and lay down their arms,” (_op. cit._, I. xi., Bohn’s Translation).... “In engaging in war we ought to make it appear that we have no other view but peace.” (_op. cit._, I. xxiii.)

In fulfilling a treaty we must not sacrifice the spirit to the letter (_De Officiis_, I. x). “There are also rights of war, and the faith of an oath is often to be kept with an enemy.” (_op. cit._, III. xxix.)

This is the first statement by a classical writer in which the idea of justice being due to an enemy appears. Cicero goes further. Particular states, he says, (_De Legibus_, I. i.) are only members of a whole governed by reason.