The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.

XLIII. The same further proved.

FUrther yet, by a just War (as we have said afore) as private dominion may be acquired, so also civil dominion, or the right of reigning without depen∣dence. Neither do I speak this only in behalf of the Empire of One, where that is receiv'd, I would not be so mi∣staken: but the same Arguments are of force for conserving the Empire of ma∣ny, where many nobles or states have this same right of supreme power, and govern the City, the Plebeians being excluded. What, that no Common-wealth hath ever been found so popu∣lar, wherein some, such as are very poor or foreigners, and also Women and Youth are not kept from publick Counsels? Besides, some † States have other people under them, not less sub∣ject, than if they did obey Kings. Whence that question, Is the Collatin

people in their own power? and the Cam∣panians, when they had yielded up themselves to the Romans, are said to be under the power of others. Many are the examples to this purpose; and they are all of no value, if we once grant this, that the right of ruling is al∣waies subject to the judgement and will of them who are ruled. But on the con∣trary, it is evident both by sacred and prophane history, that there are Kings that are not inferiour to the people, though taken all together. If thou shalt say, saith God speaking to the people of Israel, I will set a King over me: and to Samuel, Shew unto them the right of the King that shall reign over them. Hence is a King called, the A∣nointed over the people, over the in∣heritance of the Lord, over Israel: Sa∣lomon King over all Israel. So David giveth thanks to God, for subduing his people under him. The Kings of the Nations, saith Christ, bear rule over them. And that of Horace is well known:

Commands of Kings their subjects move: And Kings are subject unto Jove.

Seneca thus describes the three forms of Government: Sometimes the peo∣ple

are they whom we ought to fear; some∣times, if the Discipline of the Common-wealth be so, that most things be trans∣acted by the Senate, the gracious men therein are feared; sometimes single persons to whom the power of the people and over the people is given. Such are they who, as Plutarch saith, have a command not only according to the Laws, but over the Laws also; and, in Herodotus, Otanes thus describes a single Empire: to do what one pleaseth, so as not to be accomptable to any other; and Dio Prusaeensis defines a Kingdom; to have command without controul. Pausanias opposes a kingdom to such a power as must give account to a supe∣riour. Aristotle saith, there are some Kings with such a right, as else where the Nation itself hath over it self, and that which is its own. So, after that the Ro∣man Princes began to take upon them an Authority truly regal, the people is said to have conferred upon them all their Authority and power, and that o∣ver themselves, as Theophilus interprets. Hence is that saying of M. Antonius the Philosopher: None but God alone can be judge of the Prince. Dion. of such a Prince: He is free, having power over himself and the Laws, that he may do what him pleaseth, and what likes him not, leave undone. Such a king∣dom was of old that of the Inachidae a•…•…

Argos ; far different from the Atheni∣an Common-wealth, where Theseus †, as Plutarch tells us, acted only the part of a General, and Guardian of the Laws, in other respects not superiour to the rest. Wherefore, Kings subject to the people are but improperly cal∣led Kings: as after Lycurgus, and more, after the Ephori were established, the Kings of the Lacedemonians are said † to have been Kings in name and title, not really and indeed. Which exam∣ple was also followed by other States in Greece. Pausanias Corinth. The Ar∣gives in love of equality and liberty have long since very much abated the regal power, so that they have left the Sons of Cisus, and his posterity, nothing beside the name of a Kingdom. Such Kingdoms Aristotle saith, do not make any proper kind of Government, because they only are a part in an Optimacy or Populacy. Moreover, in Nations that are not perpe∣tually subject unto Kings, we see exam∣ples as it were of a Kingdom tempo∣rary , which is not subject to the peo∣ple. Such was the power of the Amy∣mones among the Cnidians, and of the Dictators among the Romans in the first

times, when there was no appeal 〈◊〉〈◊〉 the people: whence the Dictators E∣dict, as Livy saith, was observed as 〈◊〉〈◊〉 Oracle, and there was no help but 〈◊〉〈◊〉 their care of obeying it: and the force of the regal power, was besieged with the Dictatorship, as Cicero speaketh.

Notes

• †

  Sie Samii •…•…lta in conti∣nents oppida tenuere, ut S•…•…abo docet lib. 14. Sex op∣pida Halicar∣nasso attributa per Alexan∣drum magnum, memoral Pli∣nius Histor. nat. l. 5. c. 29. Idem lib. 33. cap. 4 Lindum insula•…•… ait esse Rhodiorum. Tantundem de Caun•…•… habes, lib. 35. Testatur idem Cicero Epist. ad 〈◊〉〈◊〉. Rhodiis iisdem, quod Romanos contra Antiochum ju∣vissent, complures urbes dono datu•…•… ait Eutropius lib. 3. nempe Ca∣rum & Lycio•…•…um, quae rursus eis ablatae à senatu. Utrumque est in exceptu Polybii.
• Deut. 17. 14. 1 Sam. 8. 4. 1 Sam 9. 16. 10. 1. 15. 1. 2 Sam. 5. 2. 1 Reg. 4. 1. Ps. 144. 2. Luke 22. 25.
• Regum timen∣dorum in pro∣prios greges; Reges in ipsos imperium est Jovis.
• Ep st. 14. In∣terdum populus est quem timere debeamus; interdum, si ea civitatis disciplina est, ut plurima per sena∣tum tran•…•…gantur, grati•…•…si in ea timentur viri; interdum singuli quibus potestas populi & in populum data est.
• 3. Pol. 14.
• Messenicis.
• Institut. de jure nat. sect. sed & quod.
• Xiph. vita M. Ant. l. 4.
• Lib. 53.
• In Argiva Trag. Suppli∣cibus, sic •…•…op∣regen. regen 〈◊◊◊〉〈◊◊◊〉 Aes•…•…hy∣lum: Tu res populi, tuque 〈◊〉〈◊〉 tota es, Non judictu subditus 〈◊〉〈◊〉, Regni 〈◊〉〈◊〉 sul∣tus ut ara, Vno∣que regent cun∣cta arbitrio.
• †

  Rex ipse Theseus apud Euripid.
• Thesei filius Demophon a∣pud eund. Nec enim potestas barbarum in morem mihi, Sed justa refera obsequia, dum juste impero.
• †

  Polyb. l. 4. Plut. in Cle∣om. Cornel. Nep. Verba ipsius aut quisquis is est qui vitas illustres scripsit, in Agesilao: Vt duos haberent Reges nomine magis quam imperio. Alibi: Lacedaemoniorum autem Agesilaus nomine non potestate suit Rex, sicut caeteri Spartani.
• —Haec juris sui Parere domi∣no civitas uni negat: Rex ipse populus annuas mandat vices Honoris huic illive.—
• Livius Salinator in censura omnes tribus except â unâ ararias fecit, ac sic ostendit jus sibi esse in populum •…•…neur.