WAR 



WAR 



article, fee Paley's Phil. vol. ii. Vattel's Law of Nations, 

 book ill. 



Thf fole prerogative of making war and peace belongs, 

 by the Englirti conftitution, to the king. But as a king of 

 England can neither raife money nor compel his fubjcdls to 

 take up arms, without the concurrence of parliament, his 

 right of making war is only a flender prerogative, iinlcfs the 

 parliament feconds him with fupplies. Levying war againft 

 the king in his realm is a fpecies of treafon. 



War, Civil, or Intejline, is that between fubjefts of the 

 fame realm ; or between parties in the fame ftate. 



In this fenfe we fay, the civil wars of the Romans de- 

 ftroyed the republic ; the civil wars of Granada ruined the 

 power of the Moors in Spain ; the civil wars in England 

 began in 1 64 1, and ended in the king's death, 1648. 



When a party is formed in a ftate, which no longer obeys 

 the fovcreign, and is of ftrength fufficient to make head 

 againft him ; or when, in a republic, the nation is divided 

 into two oppofite factions, and both fides take arms ; this is 

 called a civil war. Some confine this term only to a juft 

 infurreftion of fubjefls againft an unjuft fovereign, to diltin- 

 guifti this lawful refiftance from rebellion, which is an open 

 and unjuft refiftance : but what appellation will they give to 

 a war in a republic torn by two faftions, or in a monarchy 

 between two competitors for the crown ? Ufe appropriates 

 the term of civil war to every war between the members of 

 one and the fame political fociety. If it be between part of 

 the citizens on one fide, and the fovereign with thofe who 

 continue in obedience to him on the other ; it is fufficient 

 that the malcontents have fome reafon for taking arms, to 

 give this difturbance the name of civil war, and not that of 

 rebellion. This laft term is applied only to fuch an infur- 

 reftion againft lawful authority, as is void of all appearance 

 of juftice. The fovereign indeed never fails to term rebels 

 all fubjefts openly refifting him ; but when thcfe become of 

 ftrength fufficient to oppofe him, fo that he finds himfelf 

 compelled to make war regularly on them, he niuft be con- 

 tented with the term of civil war. 



If we confider the reafons why a civil war is warranted 

 or juftificd, we recur to a qucftion of very delicate inveftiga- 

 tion, and of very difficult folution. It involves the inquiry, 

 in what cafes a fubjeft may not only refufe to obey, but 

 even refift a fovereign, and by force repel force. (See 

 Sovereignty. ) But omitting the juftice of the caufe, we 

 fhall here advert to the maxims that ought to be obferved in 

 a civil war, and confider whether it be incumbent on the 

 fovereign to keep within the laws of common war. A civil 

 war breaks the bands of fociety and government, or at leaft 

 k fufpends their force and efteft ; it produces in the nation 

 two independent parties, confidering each other as enemies, 

 and acknowledging no common judge : therefore of necef- 

 fity thcfe two parties mult, at leaft for a time, be con- 

 fidered as forming two feparate bodies, two diftinft people, 

 though one of them may be in the wrong in breaking the 

 continuity of the ftate, to rife up againft lawful authority, 

 they are not the Icfs divided in fadt. Befides, who ftiall 

 judge them ? who (hall pronounce on which fide the right 

 or the wrong lies ? On earth they have no common fnpcrior. 

 Thus they are in the cafe of two nations, who having a dif- 

 pute which they cannot adjuft, are compelled to decide it 

 by force of arms. 



In this ftate of the cafe, the common laws of war, or 

 maxims of humanity, moderation, and probity, lliould be 

 obferved on both fides in civil wars. The fame reafons on 

 which the obligation between ftate and ftate is founded, 

 render them even more neceffary in the unhappy circum- 

 iHance when two inccnfed parties are deftroying their com- 



mon country. Should the fovereign conceive he has a right 

 to hang up his prifoners as rebels, the oppofite party will 

 make reprifals : if he does not religiftufly obferve the capi- 

 tulations, and all the conventions made with his enemies, 

 they will no longer rely on his word : ftiould he burn and 

 deftroy, they will follow his example ; the war will become 

 cruel and liorrid ; its calamities will increafe on the nation. 

 Whenever a numerous party thinks it has a right to refift: 

 the fovcreign, and finds itfelf able to declare that opinion 

 fword in hand, the war is to be carried on between them in 

 the fame manner as between two different nations ; and they 

 are to leave open the fame means for preventing enormous 

 violences, and reftoring peace. 



A fovereign having conquered the oppofite party, and 

 reduced it to fubmit and fue for peace, he may except from 

 the amnefty the authors of the troubles, and the heads of 

 the party ; may bring them to a legal trial, and on con-, 

 viftion punifti them. He may cfpecially aft thus with re- 

 gard to difturbances, raifed not fo much on account of the 

 people's interefts as the private views of fome great men, 

 and which rather deferve the appellation of rebeUion than of 

 civil war. 



When fubjefts take up arms, without ceafing to acknow- 

 ledge the fovereign, and only to procure a redrefs of 

 grievances, there are two reafons for obferving the common 

 laws of war towards them. i. Left a civil war becoming 

 more cruel and deftruftive by the reprifals, which, as we 

 have obferved, the infurgents will oppofe to the prince's 

 feverities. 2. The danger of committmg great injuftice, 

 by the haftily puniftiing thofe who are accounted rebels ; 

 the tumult of difcord, and the flame of a civil war, little 

 agree with the proceedings of pure and facred juftice : more 

 quiet times are to be waited for. It will be wife in the 

 prince to fecure his prifoners till, having reftored tranquil- 

 lity, he is in a condition of having them tried according to 

 tlie laws. 



As to the conduct of foreign nations, they ought not to 

 intetfere in the conftitutional government •f an independent 

 ftate. It is not for them to judge between contending 

 citizens, nor between the prince and his fubjefts : to them 

 the two parties are equally foreigners, equally independent 

 of their autliority. They may, however, interpofe their 

 good offices for the reftoration of peace ; and this the law 

 of nature prcfcribes to thi-m. But if their mediation proves 

 fruitlefs, they who arc not tied by any treaty may, for their 

 own conduft, take the merit of the caufe into confideration, 

 and affill the party which they ftiall judge to have right on 

 its fide, in cafe this party (hall requeft their affiftance, or 

 accept the offer of it : they may, for the fame reafon that 

 they are at liberty to efpoufe the juft quarrel of a nation en- 

 tering into a war with another. As to the .lUies of a ftate 

 diftrafted by a civil war, they will find a rule for their con- 

 duft in the nature of their engagements, combined with the 

 circumftanccs of the war. Vattel's Law of Nations, 

 book iii. 



War, Gladiators. Sec Gladiators. 



Wak, Holy, is that anciently maintained by leagues and 

 croifades, for the recovery of the Holy Land. 



War, King's, Helium Regis. At the time when parti- 

 cular hirds were allowed to make war with one another, to 

 revenge injuries, iuftcad of profecuting tlicm in the ordinary- 

 courts of juftice, the appellation Ung's war was given to 

 fuch war as the king declarcil againft any other prince, or 

 ftate : on which occafion, the lords were not allowed to 

 make private war againft each other; as being obliged to 

 fervr the king, with all their vaffals. 



War, Religious, is a war maintained in a (late, on ae- 

 482 count 



