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hand, confirmed by the authority of Scripture. The first ground of a righteous war may exist when one is hindered from doing what he may by right do. This is matter of natural and divine law and on this ground Julius Caesar, as Lucan represents him (lib. 1), made defense of his conduct in waging war against the Roman state--viz., that the state had blocked to him, a Roman citizen, the route to Rome; and so he said, arms in hand, _Omnia dat qui justa negat_. [13] On this ground, as St. Augustine says (in _Quaest. Num._ q. 43), [14] the children of Israel justly made war on the kings of the Amorites (_Ut legitimum_, c. 21), for having withstood their passage through their country when they were on their way to the promised land, although the Israelites had given assurance that they would do no damage to the lands, the crops, or the vineyards of the Amorites. And so says St. Augustine (and he is quoted _ubi supra_, last chapter), _Notandum est sane quemadmodum justa bella gerebantur a filiis Israel contra Amoritas: innoxius enim transitus denegabatur qui jure humanae societatis aequissimo patere debebat_. [15] Upon which passage Joannes Andreas in his gloss well says: _Licet enim transire per alienum agrum jus non sit, tamen quia necessarius et innoxius erat iste transitus illi prohibere non debuerunt; item quia via publica erat et nemo prohibetur via publica_. [16] The second ground, as I said, of a righteous war is the self-defense of the prince or of his subjects. This ground also is matter of both natural and divine right; for even as self-defense is a natural right, on which right is founded the rule of _vim vi repellere_, so too in the prince is the defense of his subjects--for the care which the prince has of his subjects is as essential on his part as is the care which each one of them has for himself; hence, if the subjects are aggrieved by their enemies, the prince may justly in their defense make war, and _vim vi repellere_. This is much better than that the individual should himself avenge the wrong; for the individual can lawfully defend himself and his property only _in continente_, as Sylvester declares (_Bellum_, 2 Sec. 3), but he may not avenge past wrongs, _nec sua repetere_ save by recourse to his judge and superior. [17] Whatever goes beyond that is contrary to law and good government and, as Cajetan says, is _extra moderamen tutelae_, [18] it being an essential condition of the right _vim vi repel
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