LIX. That the highest power may be holden in Fee.
TO many it seems a more difficult que∣stion concerning feudal obligation, but it may easily be solved out of that which hath been said. For in this contract,
The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.
About this Item
- Title
- The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.
- Author
- Grotius, Hugo, 1583-1645.
- Publication
- London :: Printed by T. Warren, for William Lee ...,
- 1655.
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- Subject terms
- Grotius, Hugo, 1583-1645.
- Link to this Item
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http://name.umdl.umich.edu/A42234.0001.001
- Cite this Item
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"The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A42234.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.
Pages
Page 133
(which is proper to the German Nati∣ons, nor is any where found but where the Germans have seated themselves) two things are to be considered, Personal obli∣gation, and Right over the thing. Per∣sonal obligation is the same, whether one by feudal right possess the right it self of Governing, or any other thing also placed else where. Now, such an Obligation, as it would not take away from a private man the right of personal liberty, so nei∣ther doth it take away from a King or people the right of the highest power, which is civil liberty. Which is most ap∣parently to be seen in the free feuds which they call Franca, which consist not in a∣ny right over the thing, but in personal obligation onely. For these are nothing but a kind of unequal league, (wher∣of we have spoken) wherein the one par∣ty promiseth aid and service, the other safeguard & protection. Suppose also that aid was promised against All, which Feud they now call Ligium (for that word was of larger signification) this detra∣cteth nothing from the right of the highest power over subjects: not to mention now that there is alwayes a tacit condi∣tion, while the war is just, of which els∣where. But, as to the right over the thing, truly it is such, that the right it self of go∣verning, if it be holden in Fee, may be lost, either the family being extinct, or also for some sort of crimes. Yet in the mean it ceaseth not to be highest: for we
Page 134
must distinguish (as hath been said) be∣tween the thing it self, and the manner of having it. And by such a right I see many Kings constituted by the Romans, so, that the royal family exspiring, the Empire should return to themselves: which is noted by Strabo concerning * 1.1 Paphlagonia and some other.
Notes
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* 1.1
Lib. 12.