Question — Decretum of Gratian
Question II
GRATIAN. As to what is asked—what war is just—Isidore says in Book XVIII of the Etymologies:
GRATIANUS. Quod autem queritur, quod sit bellum iustum Ysidorus Ethimologiae libro XVIII. inquit:
Friedberg, col. 893/894
C. I. What a just war is.
A war is just when it is waged by edict for the recovery of property or for the purpose of repelling men. § 1. A judge is so called because he declares right to the people, or because he decides by right. To decide by right is to judge justly. For he is not a judge if justice is not in him.
C. I. Quid sit iustum bellum.
Iustum est bellum, quod ex edicto geritur de rebus repetendis, aut propulsandorum hominum causa. §. 1. Iudex dictus est, quia ius dictat populo, siue quod iure disceptet. Iure autem disceptare est iuste iudicare. Non enim est iudex, si non est iusticia in eo.
Friedberg, col. 893/894
C. II. It makes no difference to justice whether someone fights openly or by ambushes.
Likewise Augustine in the book of Questions, [VI, question 10]. The Lord our God commands Joshua son of Nun to establish ambushes behind him—that is, warriors lying in ambush to ambush the enemies. From this we are admonished that this is not done unjustly by those who wage a just war, so that above all the just man should consider nothing in these matters except that he undertake a war which it is lawful for him to wage. For it is not lawful for all. But when he has undertaken a just war, whether he fights openly or by ambushes makes no difference to justice. Just wars are customarily defined as those that avenge injuries, as when some nation or state that is to be attacked in war has neglected either to punish what was wickedly done by its own people or to restore what was taken away through injuries. But that kind of war also is undoubtedly just which God commands, who knows what ought to be done to each person; in such a war the commander of the army or the people itself is to be judged not so much the author of the war as its minister. GRATIAN. Therefore, since a just war is one waged by edict or one by which injuries are avenged, it is asked how just wars were waged by the children of Israel. Augustine writes thus concerning these in Questions on Numbers, [question 44, on c. 20]:
C. II Nichil interest ad iusticiam, siue aperte siue ex insidiis aliquis pugnet.
Item Augustinus in libro questionum. [VI., quest. 10.] Dominus Deus noster iubet ad Iesum Naue, ut constituat sibi retrorsum insidias, id est insidiantes bellatores ad insidiandum hostibus. Hinc admonemur, hoc non iniuste fieri ab his, qui iustum bellum gerunt, ut nichil iustus precipue cogitet in his rebus, nisi ut bellum suscipiat cui bellare fas est. Non enim fas est omnibus. Cum autem iustum bellum susceperit, utrum aperte pugnet, an ex insidiis, nichil ad iusticiam interest. Iusta autem bella solent diffiniri, que ulciscuntur iniurias, si qua gens uel ciuitas, que bello petenda est, uel uindicare neglexerit quod a suis inprobe factum est, uel reddere quod per iniurias ablatum est. Sed et hoc genus belli sine dubio iustum est, quod Deus inperat, qui, nouit quid cuique fieri debeat; in quo bello ductor exercitus uel ipse populus non tam auctor belli, quam minister iudicandus est. Gratian. Cum ergo iustum bellum sit, quod ex edicto geritur, uel quo iniuriae ulciscuntur, queritur, quomodo a filiis Israel iusta bella gerebantur. De his ita scribit Augustinus in questionibus Numeri: [quest. 44. ad c. 20.]
Friedberg, col. 893/894
C. III. Harmless passage was denied to the children of Israel, and therefore just wars were waged.
It is certainly to be noted how just wars were waged by the children of Israel against the Amorites. For harmless passage was denied, which by the most equitable right of human fellowship ought to have lain open.
C. III. Innoxius transitus filiis Israel negabatur, atque ideo iusta bella gerebantur.
Notandum sane est, quemadmodum iusta bella gerebantur a filiis Israel contra Amorreos. Innoxius enim transitus negabatur, qui iure humanae societatis equissimo patere debebat.
Friedberg, col. 895/896