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

LI. A third Observation.

LEt this be observed in the third place, An Empire ceaseth not to be supreme, although hee that is to rule promise certain things

to the subjects or to God, even su•…•… things as pertain to the way of ruling. Nor do I now speak of keeping the na∣tural and divine Law, adde also that of Nations, unto which all Kings are bound, though they promised nothing; but of certain rules, to which without a promise they were not bound. The truth of what I say appears by silimi∣tude of a Father of a Family: who, 〈◊〉〈◊〉 he hath promised his Family to do somewhat which belongs unto their Government, shall not thereby cease to have, so far as may be in a Family supreme right therein. Nor is the Hus∣band deprived of marital power, be∣cause of some promise to the Wise. I confess, by this means the Empire is in some sort streightned, whether the obligation ly upon the exercise of the act only, or also directly upon the faculty it self. In the first way, the act done against promise will be unjust: because, as we shew elsewhere, a true promise gives hima right, to whom 'tis made: and in the other way, it will be null by want of faculty. Nor yet doth it thence follow, that he that makes the promise hath any superiour: for, in this case, the act is rendred null, not by superiour force but in Law. Amongst the Persians, the King was Supreme and absolute ; adored as the Image of God: and as Justin † saith, he was not chan∣ged

but by death. A King was he that to the Peers of Persia spake thus: I have called you together, that I might not seem to use only my own Counsel: but remember it is your duty rather to obey than perswade. Yet he took an oath at his entrance, as Xenophon and Diodorus Siculus have noted, and it was not lawful for him to change certain Laws made after a particular form. The same is related of the Ethiopian Kings by † Diodorus Siculus. And by his relation the Egyptian Kings, who (no doubt) as well as other Kings of the East had Supreme power, were bound to the ob∣servation of many things: but, if they had done the contrary, could not be accused living; dead, their memory was accused , and being condemned they wanted solemn burial: as also the bo∣dies of the Hebrew Kings †, who had reigned ill, were not buried in the roy∣al Sepulchers: an excellent tempera∣ment, whereby, both the highest pow∣er was kept sacred, and yet by fear of a future judgement, Kings were kept from breaking their trust. That the Kings al∣so of Epirus were wont to swear, they would reign according to the Laws, we

learn of Plutarch in the life of Pyr∣rhus. But suppose it be added, If the King breaks his trust, he shall be dep•…•…∣sed †? Yet will not the power hereby cease to be the highest, but the mann•…•… of holding it weakned by this conditi∣on, and the Empire will be as it were temporary. It is said of the King of Sabaeans, that he was absolute and of a most free power, but that he might be stoned if he went out of his Palace †. In like manner, an estate of Land, that is held in trust, is an estate, as well as if it were possessed in full dominion, but it is holden for a time or at the plea∣sure of another. And such a Commis∣sory Law or condition may be annexed not only in the bestowing of a King∣dom, but in other contracts; for some Leagues too with neighbours, we see, are entred with the like sanction.

Notes

• Trasanus ca∣put suum, dex∣•…•… suam, st scienter setellis∣set, Deorum irae consecrabat. Plin. Paneg. Adrianus Imp. jaravit nun∣quam se sena∣torem nist ex se∣natus sententia 〈◊〉〈◊〉. A∣nasta fiu, Imp. juravit serva∣turum se decre∣ta Chalsedonensis Concilii. Me∣minere Zonaras, Cedrenus, alii. Seriores Impe∣ratores Graeci Ecclesiae jura∣bunt. Vide eun. dem Zonaram Michaele Rau∣gabe & alibi. Vide & in Got∣this Regibus exemplum apud Cassiodorum. 10, 16, 17.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Plutarchus.
• †

  Lib, 10.
• Val. Max. lib. 9. c. 5.
• Dan. 6. 8, 12. 15.
• Plutarch. in Themistocle. Diodurtis Sicu∣lus lib. 17. & multo post tem∣pore Procopius Persici belli lib. 1. Vbi insignis ad banc rem hi∣storia exstat. Tamen idem de Lethe castello legem à Rege mutatam refert, sed non probat.
• †

  Lib. 3. Lib. 1.
• Leges tyranno∣rum corpora in∣sepulta extra fines projici ju∣bent. Applanut Civilium ter∣tio. Androni∣dus Imp. Patrem suum Michaelem, quod fidem Latinans sequi coe∣pisset, mortuum sepultura privavit. Gregoras lib. 6.
• †

  Vide Josephum de Joramis duobus, altero Hierosolymorum, 〈◊〉〈◊〉 Isratlu Rege, lib. 8. cap. 3. & 5. Item de Joaso Hierosolymorum Rege.
• Plutarchus: Solebant Reges in Cassarorum terra, quae Mo∣lottidos pars est, Jovi Areo sa∣crisisare ac ju∣ramenium prae∣stare Epirotis. Jurabant au∣t•…•…m Reges se im∣peraturos sicun dum leges. Epi∣rocae autem se imperium ejus∣dem conserva∣turos secundum easdem leges.
• †

  Vide exem∣plum apud Crantzium lib. 9. Suedicorum.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Agatharchides apud Photium.
• †

  Quod & Ar∣temidoro auctore Strabo annotavit. lib. 16.
• Aut etiam ne subditi Regem pacta viol•…•… juvent: aut ne ei pareant. Vide Crommerum Polonicis 19. & 21. Est & exemplum apud Scasnaburgensem in rebus Henrician. 1074.