XIII. If our Confe∣derates are ingaged in se∣veral Wars, which we ought to assist.
Another Question doth often arise, namely, in case two Nations are engaged in War one against the other, and both are our Confederates, whether of them we are bound to help? Where in the first place, we must remember what we have already said, that ad Bella injusta nulla est obligatio; No League can bind us to a War that is unjust. He therefore is to be preferred, that hath the juster cause, if the War be against a stranger Prince, yea, if it be against another Confederate. The words of him that swears Fealty to another, are these, Si scivero velle te aliquem juste offendere, & inde generaliter, aut specialiter fuero requisitus, meum tibi sicut potero, praestabo auxilium; If I shall understand, that thou wilt make an offensive War against any man upon a just ground, and that I am either generally or specially required to give thee mine assistance, I shall do it to my utmost power. Thus Demosthenes in his Oration concerning Megalopolis, The Athenians are bound by their League to aid the Messenians their Confederates, against the Lacedaemonians their Confe∣derates, if the Lacedaemonians were the first Aggressors: which holds true, unless in our Articles it shall be expresly forbidden, to send out any aid against such a Confederate. In that Agreement which Hannibal made with the Macedonians, there is this Clause, Hostes erimus hostium, exceptis Regibus, Civitatibus, &c. Quibuscum foedus nobis & amicitia est; Enemies we shall be to thine Enemies, except only such as are in League and Amity with us. If two Nations be at War, and both our Confederates, and neither of them have a just cause (which may so happen) we are to stand Neuters, and to assist neither. So Ari∣stides, If either of our Confederates had required our aid against strangers, it had been readily granted; but if against one another, we desire to stand Neuters. If both our Confederates be engaged in a just War against strangers, and both send for Aid; if we are able, we must send to both either Men or Money: But if a Prince shall be required by both to aid them in his own person, having so promised; then because his person cannot be di∣vided, it is but reasonable that he should prefer him, with whom he hath contracted the ancienter League: As the Epirots answered the Lacedaemonians in Polybius: The like an∣swer was given to the Campanes by the Roman Consuls, In contracting friends, it is fit that we take care, that the new do not supplant the old: The Ancienter the Leagues are, the more Inviolable. Thus Ptolomy answered the Athenians in the like case, Amicis ferenda Auxilia contra hostes, non contra amicos; We are to aid our Friends against Enemies, but not against our Friends. Which also will admit of this exception, unless the latter League do bind us farther than our bare promise; for it may include a translation of the Government, and imply somewhat of subjection. And thus we say, that in selling of Goods, the first sale is the best, unless the latter shall also transfer the property and dominion. So Livy of the Nepesines, That the faith given upon their surrender, bound them faster, than that given by former Leagues as to their Associates. Some there are that do more nicely distinguish between these: But what I have said, I take to draw nearest as to simplicity, so also to truth.