The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ...

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Title
The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ...
Author
Grotius, Hugo, 1583-1645.
Publication
London :: Printed by M.W. for Thomas Basset ... and Ralph Smith ...,
1682.
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Subject terms
International law.
War (International law)
Link to this Item
http://name.umdl.umich.edu/A42237.0001.001
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"The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42237.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

Pages

XIV. Nor the Pope.

But some there were that would challenge to themselves the power of the whole Church also, even over those people who dwell in those parts of the world, which are as yet un∣known; whereas St Paul himself openly professeth, That without the bounds of Chri∣stianity he had no right to judge, What have I to do (saith he) to judge those that are without?* 1.1 And although that power which the Apostle had, did in its manner appertain unto earthly things, yet was not that power of Earthly, but of Divine Institution, and to be exercised not by weapons or scourges, but by the Word of God generally preach∣ed, and applyed to some particular circumstances, and by exhibiting or denying the seals of the remission of sins, as it should conduce to the salvation of every man. And in the last place, by a revenge supernatural, and therefore proceeding from God himself, as in the cases of Ananias, Elymas, Hymenaeus and others, it evidently appeared: Yea, and our blessed Saviour himself, from whom all Ecclesiastical Power flows, and whose life was a perfect Exemplar or Copy for the Church to imitate,* 1.2 denied his Kingdom to be of this world; that is, of the same nature with other Kingdom: adding this, For if it were, then after the manner of other Kings, should my servants fight. And yet even now, in case he would pray to his Father to send him an Army, it should consist not of Men, but of An∣gels, Mat. 26.53. And whatsoever he did by the Right of his own Power, he did it not by humane strength, but by the virtue of his Divinity; and that even then when he drove the buyers and sellers out of the Temple; the whip he used was not the Instrument of Gods wrath, but the sign or symbol only; so was the spittle and the oyl, as Abulensis observes,* 1.3 not the salve, but the sign of the cure. St Augustine upon that place of John before-cited, thus proclaims, Hearken therefore O ye Jews and Gentiles, circumcised and uncircumcised: And hear O ye Kingdoms of the Earth, your Empires here I impede not; for my Kingdom is not of this world: Be ye not moved with vain fears, as Herod the Great was at the report of Christs birth, who was so far transported with jealousie, that he slew a mul∣titude of innocent Babes, thinking thereby to secure his own Kingdoms by the death of this new born King: Timendo potius quam irascendo crudelior; being more enraged through fear and jealousie than anger. My Kingdom, saith he, is not of this world: What could have been said more to dispel those fears? Come, and be partakers with me of that Kingdom, which is not of this world: Come unto me by faith, and let not your fears provoke you to cruelty. So like∣wise Hilary Bishop of Arles, Christ came not into the world to invade another mans Glory, but to communicate his own; not to usurp an earthly Kingdom, but to confer an heavenly. St Paul tells Timothy, That a Bishop should be no striker, 1 Tim. 3.2. Nor rule by constraint or compulsion; for to dive by force, better becomes a King than a Bishop. Princes may ex∣ercise their Power in punishing Offenders to deter them from doing evil:* 1.4 But what we do, saith Chrysostome, must be, not by coercion, but by perswasion: whereunto he adds this Reason, For God crowns not our forced, but our voluntary; or as St Paul speaks, our rea∣sonable service.* 1.5 So in another place, It is our duty to instruct, perswade, exhort, and re∣prove, but not to command, or to compel: Consiliariorum locum obtinemus; We serve as Coun∣cellors to advice, and to give our Opinions, but still we leave our Auditors to their free choice, whether they will act accordingly or no: We have no such power given us, as to restrain men from sinning by severe punishments. Whence it is evident, that Bishops, as such, have no Right of Domination over men,* 1.6 as Kings and Princes have. St Hierome distinguishing be∣tween a King and a Bishop, concludes, That the Power of a Bishop is much inferiour to that of a King, for a King may enforce to an unwilling obedience; but a Bishop hath no power but over such as are willing to obey him. Episcopus docet, ne Judex inveniat quod puniat;

Page 409

The Bishop instructs and admonisheth, that the Magistrate may find no cause to punish. It was well said of Frederick the Emperour concerning the Pope:

Ecclesiam regat ille suam, divinaque jura Temperet: Imperium nobis, fascesque relinquat.
Let him his own Church rule, by Laws Divine, But let the Sword and Scepter still be mine.
And when Suenno King of Denmark stood Excommunicate, William Bishop of Roshil, in opposing himself against him, at his entrance into the Church with his pastoral staff, and ex∣posing his breast naked to the officers of the King, who offered to draw upon him, did therein perform the office of a good Bishop. The like did St Ambrose to the Emperour Va∣lentinus as we have declared above;* 1.7 but whether it be lawful for Kings themselves to make War upon such as have rejected Christianity by way of punishment, we have already else∣where discourst in the Chapter of Punishments, as far as sufficeth to our purpose.

Notes

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