[5] This reference is to St. Augustine's “Questions on (the book Page 194nof) Numbers.” The citation Ut legitimum is to a chapter in Gratian's Decretum, of which these are the opening words.—Joseph Fitzgerald.
[6] “It is to be observed in what manner just wars were waged by the children of Israel against the Amorites; for inoffensive transit was denied to them, although by the most equitable laws of human fellowship it should be open.”
[7] “Though it be not lawful to cross over the lands of others, still, as this transit was necessary and harmless, they [the Amorites] ought not to have forbidden it—and, further, because it was a public route, and no one is forbidden to use a public route.”
[8] In continente, “on the spot;” that is, at the actual time of the assault or other wrong. Nec sua repetere, “nor recover his own” (by force or violence is implied). Silvester is cited in the Theologia moralis of Alphonso Maria de Liguori.—Joseph Fitzgerald.
[9] “Beyond the due limits of [lawful self-]defense.”
[10] “The Spanish writer cites “II Kings.” But the books designated Page 196n“I and II Kings” in the Septuagint, the Vulgate, and the Catholic canon are called in the English Bible “I and II Samuel.”—Joseph Fitzgerald.
[11] “Whether at command of God or that of some legitimate ruler, wars are undertaken even by good men, to be waged against the violence of rebels, when civil order itself justly constrains them either to command such action or to obey [i.e., to serve in the army].”
Quid culpatur is the opening of a chapter in Gratian's Decretum, a section of the canon law, and serves as the title of the chapter.—Joseph Fitzgerald.
[12] “What is condemned in war? Is it that men who at some time must die, die in war? It is for cowards to fault this, not religious men. The desire to do injury, the cruelty of revenge, unappeased and implacable hate, the wild passions of rebellion, lust of power and the like—such are the things which are justly condemned in wars.”
[13] “With God's true worshipers even wars are not sinful if they are waged, not through greed or with cruelty, but for the sake of peace, that the wicked may be repressed and the good sustained.”