Tully's three books of offices, in English with notes explaining the method and meaning of the author.

CHAP. XI.

Justice to be kept towards all sorts of Men. Bounds to be observ'd in Punishing those that have Injur'd us. Laws of War to be strictly observ'd. Two sorts of Di∣sputing, by Reason and by the Sword: The lat∣ter is allowable, when we can't obtain what's our Right by the former. What ought to be the End of making War. How it should be carry'd on. The Strictness of the old Romans in observing the Laws of War. A Story of the Elder Cato to that purpose.

THere are certain a 1.1 Duties or Offices also, to be strictly observ'd, even towards those that have injur'd us; for we ought not to go beyond such and such Bounds, in exacting Revenge and Punish∣ment of another: in which particular it may per∣haps be enough, to make him that has wrong'd us repent of the Wrong done; so that he himself may abstain from the like, and others take warning from his Example, for the future. There are cer∣tain peculiar Laws of b 1.2 War also, which are of all things most strictly to be observ'd in the Common∣wealth: For there being two sorts of Disputing in the World, the one by Reason, and the other by o∣pen Force; and the former of these being that which

is agreeable to the Nature of Man, and the latter to that of Brutes; when we can't obtain what is our Right by the one, we muste'en of necessity have recourse to the other. 'Tis allowable therefore to undertake Wars, but it must always be with design of obtaining a secure Peace. And when we have gotten the better of our Enemies, we should rest content with the Victory alone, and shew our selves merciful and kind to 'em afterwards; unless they are such as have been very Cruel, and committed inhuman Barbarities in the War. Thus our Fore∣fathers took into their City the c 1.3 Aequians, Volsci∣ans, Sabines, and others, whom they had subdu'd; whereas d 1.4 Carthage and Numantia they entirely destroy'd. I could wish I might not add e 1.5 Co∣rinth too; but I believe they had something in their Eye when they did it, and that more espe∣cially the Situation of the Place; which being so very convenient as it was, they were afraid least it might be, at one time or other, an Encourage∣ment to a Revolt. In my Opinion 'tis always our Duty, to do what we can for a fair and safe Peace: in which thing if People would have f 1.6 hearkned to me,

we might at this time have seen the Republick, tho', 'tis true, I can't say in a flourishing Condition; yet certainly not, as at present we perceive it, en∣tirely subverted and fal'n into Ruins. And as we are bound to be merciful to those we have actually conquer'd; so should those also be receiv'd into Fa∣vour, who have laid down their Arms, and thrown 'emselves wholly upon the General's Mercy; and that even tho' the Breach be made in their City Walls. Our good Fore-fathers were most strictly just as to this particular; the Custom of those Times making him the Patron of a conquer'd Ci∣ty or People, who first receiv'd 'em into the Faith and Allegiance of the People of Rome. In short, The whole Right, and all the Duties of War are most religiously set down in the g 1.7 Fecial Laws; out of which it is manifest, that never any War can be justly undertaken, unless Satisfaction have been first demanded, and Proclamation of it made publickly before-hand. Poppilius was Commander in one of the Provinces, and Cato's Son a young Soldier under him; and Poppilius thinking fit to disband one of his Legions, it happen'd to be the same in which the young Man was, who therefore was dismiss'd among the rest of the Soldiers: But having a mind to see more of the War; he not∣withstanding this, continu'd still in the Army. Hereupon old Cato writes a Letter to Poppilius, and therein desires him, That if he suffer'd his Son

to remain in the Army, he would give him his h 1.8 Mi∣litary Oath again; for as much the former being void by his Disbanding, he could not any longer fight law∣fully with an Enemy: So religiously careful they were in those Days, of doing nothing that's contra∣ry to the Laws of War. There is extant still an Epistle of Cato the Father's to his Son, in which he tells him, That he had heard of his being Disbanded by the Consul, when he was a Soldier in Macedonia, in the War with i 1.9 Perseus: and therefore he advises him not, by any means to intermeddle in a Battle; because, he says, 'tis unlawful for one, that is no lon∣ger a Soldier, to engage with the Enemy.

Notes

• a 1.1

  After having discours'd of the Nature of Justice, &c. he proceeds to shew, That we ought to practice it towards all sorts of People; as, First, Even towards those who have wrong'd us.
• b 1.2

  In the second place we ought to shew Justice to our Ene∣mies: First, By not entring upon a War, but upon very just and good Grounds. Secondly, By carrying it on fairly, and being ready to accept of a reasonable Peace. Thirdly, By shewing Mercy to the Conquer'd, after we have gotten the Victory. The Words therefore, Inter arma silent leges, must be taken in a very restrain'd Sence, so as to mean the Civil and Judiciary Laws, not those of Nature, and Justice towards Enemies. See Grot. Prolegom. ad Lib. de Jure B. & P.
• c 1.3

  Several little Nations in Italy, all conquer'd by the Ro∣mans.
• d 1.4

  The former a City in Africk, the latter in Spain; both taken by Scipio Africanus the Younger.
• e 1.5

  A famous and rich City in Achaia, plac'd exactly in that Neck of Land, which separates Peloponnesus, or the Morea, from the rest of Greece. Hither S^t Paul writ two of his E∣pistles. 'Twas taken by Mummius, the Roman Consul, and ras'd to the Ground, because of some Affront the Corinthi∣ans had given to the Roman Ambassadors.
• f 1.6

  In the Civil War between Caesar and Pompey, Cicero al∣ways labour'd for a Peace and Agreement between the Par∣ties; but to no purpose.
• g 1.7

  The Feciales were a sort of Priests or Heralds among the Romans, establish'd by Numa, whose Business it was to de∣termin all Cases about the Lawfulness of War; about Leagues, Ambassadors, &c. They were sent to demand Satisfaction of the People that had offended; they denounc'd or pro∣claim'd Wars; and, in short, nothing of that nature could be done without their Advice. Cicero gives us an account of their Duties in his De Leg. 2. 9. Faederum, pacis, belli, indu∣ciarum judices Feciales sunto, &c.
• h 1.8

  An Oath that was given to the Soldiers, when they went out to War, (call'd Sacr amentum) by which they were oblig'd to be faithful to their General, &c. See the Form of it in Livy.
• i 1.9

  The last King of Macedonia, beaten and led in triumph by Paulus Aemilius, the Roman Consul, about the Year of Rome 586. See Plautarch's Life of Aemilius.