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

LVII. Another Objection answered.

IT is objected also, that in histories he that is superior in the league is some∣times said to command; he that is inferi∣or, to obey. But, neither ought this to move us. For, either it is treated of things pertaining to the common good of the So∣ciety, or of his private utility who is su∣perior in the league. In common affairs, out of time of Assembly, even where the League is equal, the custome is for him who is chosen Chief of the league, to have command over his Confederates, as Aga∣memnon over the Graecian Kings, the La∣cedaemonians over the Graecians afterward, and after them the Athenians. In the Speech of the Corinthians in Thucydides we read: It becomes them that are Princes of the league, not to seek their own parti∣cular advantage, but content themselves with an eminency above the rest in taking care of the common Interest. Isocrates re∣lates, that the antient Athenians had the conduct of Greece, and the charge of all

their Fellowes, but so, that they left them all their liberty entire. * 1.1 This the Lati•…•… call, Imperare to command, the Greek more modestly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to order. The Athe∣nians, when the conduct of the war a∣gainst the Persians was committed to them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saith Thucidides, they or∣dered (so the Commissioners from Rome to Greece were said to be sent thither † 1.2 for ordering the state of the free Cities) wh•…•… towns should contribute money against the Barbarians, what should provide stips. Now, if he doth this, who is only chief in a league, no marvell he doth the same who is superior, in a league unequal. Wherefore Empire in this sense, that is, the * 1.3 conduct of affairs, takes not away the liberty of others † 1.4. But in those things that concern the proper utility of the Su∣perior, his Requests are usually call'd Commands, not by right, but by like∣ness of the effect, as the Desires of Kings are so called, and as Physicians are said to rule their patients. Livy * 1.5: Before this Consul (C. Posthumius) never was any one in any thing a charge or burthen to our Confederates: therefore the Magistrats were furnisht with Mules, tents, and all

other necessaries, that they might not com∣mand such things from our Fellows. Mean while tis true, it often comes to pass, that the Superior in a league, if he much excell in strength, by little & little, usurps an Empire properly so calld, especially if the league be perpetual, with a right of bring∣ing in Garrisons into towns, as the Athe∣nians did, when they sufferd an appeal to be made unto them from their Fellows; which the Lacedemonians never did. In which times Isocrates compares the Em∣pire of the Athenians over their Confede∣rates, to a Kingdom. So the Latins com∣plaind, they endured servitude * 1.6 under the shadow of a league with Rome: so the Etolians, of a vain shew and empty name of liberty; and the Achaians after∣ward, that a league in appearance was now become a precarious servitude. So in Tacitus † 1.7 Civilis the Batavian complai∣neth of the same Romans: We are not As∣sociats, as heretofore, but are esteemed as slavos: and in another place, A mise∣rable slavery is falsly named peace. Eume∣nes also in * 1.8 Livy saith, the Fellows of the Rhodians were Fellows in word, indeed subjects to their Empire, and obnoxious: And Magnetes, that in shew Demetrias was free, but indeed all things were done at pleasure * 1.9 of the Romans. So Polybius notes, the Thessalians had a seeming li∣berty, but really were under command of the Macedontans. When these things are

done, and so done, that patience passe•…•… into a right (of which elswhere) then ei∣ther they which were Fellows become Subjects, or at least there is a partition of the supreme power, such as we have declared above to be possible.

Notes

• * 1.1

  Isocrates ali∣bi: itae ut im∣perium habere belli, non domi∣nari se debcre censerent: Item: Socialiter non heriliter res co∣rum curantes.
• † 1.2

  Plinius epist. 8. 24.
• * 1.3

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• † 1.4

  Rhodii in o∣ratione apud Senatum Ro∣manum, quae apud Livium exstat l. 37. Graeci domesti∣cis quondam viribus etiam imperium am∣ptectebantur: nunc imperium ubi est, ibi ut sit perpetuum op∣tant: libertatem vestris tueri ar∣mis (atis habent, quoniam suis non possunt. Sic post Cadme∣am à Theba∣nis receptam narrat Diodorus lib. 15. multas civitates Graecas convenisse, Omnes ut liberae essent, sed Atheniensium ductu uterentur. De ipsis Atheniensibus Philippi Macedonis tempore Dion. Prusaeensis: quo tempore ductu belli omisso libertatem solam retinebant. Sic Cae∣sar, quos sub imperio Suevorum fuisse dicit, cosdem mox socios nominat.
• * 1.5

  Lib. 42.
• * 1.6

  Hal. l. 6. Liv. l. 34. Hist. 4.
• † 1.7

  Hoc ipsum est quod Arato Plu∣tarchus dicit 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Molle servitlum, vv∣cula apud Taci∣tum hist. 4. Fe∣stus Rufus de Rhodiis: Pri∣mum liberè a∣gebant, postea in consuetudi∣nem parendi, Romanis cle∣menter provo∣cant bus, per∣venerunt. Vide Agathiam lib. 1. ubi monentur Gotthi quid à Francis cum tempore exspe∣ctandum habe∣ant.
• * 1.8

  Lib. 35. Lib. 37.
• * 1.9

  Tales & Lazi Jusi•…•…niani tem∣poribus. Vide Procopium Pers. 2.