The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.
- 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.
- Rights/Permissions
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- Subject terms
- Grotius, Hugo, 1583-1645.
- Link to this Item
-
https://name.umdl.umich.edu/A42234.0001.001
- Cite this Item
-
"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 May 20, 2024.
Contents
- frontispiece
- title page
- translator's dedication
- TO THE READER.
- The Author's Dedication to the most Christian KING.
- THE PREFACE OF THE AUTHOR.
- THE CONTENTS.
-
HVGO GROTIVS OF WARRE AND PEACE.-
I. PART.
-
I. What is War. -
II. What is Law. -
III. Of Naturall Law. -
IV. Of the Law of Nature and Nations. -
V. The proof of Natural Law. -
VI. Of Voluntary Humane Law. -
VII. Voluntary Divine Law. -
VIII. That the Law given to the He∣brews obliged not other Nations. -
IX. What arguments Christians may deduce fromMoses Law, and how. -
X. That War is not against the Law of Nature. -
XI. Further proof, out of the sacred Hi∣story, that all War is not against the Law of Nature. -
XII. That War is not contrary to the voluntary Divine Law, before the time of the Gospell. -
XIII. Of the Gospel-Law. -
XIV. That War is not against the Gospel-Law. The first Argument. -
XV. The second Argument. -
XVI. The third Argument. -
XVII. The fourth Argument. -
XVIII. The Fift Argument. -
XIX. The Sixt, Seventh, and Eighth Arguments. -
XX. The ninth, tenth, and eleventh Arguments. -
XXI. Objections answered. The first. -
XXII. The second Objection answered. -
XXIII. The third Objection answered. -
XXIV. The fourth Objection answered. -
XXV. The fift, sixt and seventh Obje∣ctions answered. -
XXVI Of the opinion of the antient Fa∣thers. The first Observation. -
XXVII. The second Observation. -
XXVIII. The third Observation. -
XXIX. A Confirmation of the lawful∣ness of War, out of the Antients. -
XXX. Further proof out of Ecclesiasti∣cal History. -
XXXI. The twelfth Canon of theNicene Council objected and answer'd. -
XXXII. Leo's Epistle objected and answered. -
XXXIII. The last proofs out of Church-story. -
XXXIV. That all private War is not unlawful, by natural Law. -
XXXV. Nor by the Law Evangelical. Objections proposed. -
XXXV. The lawfulness of private defense confirmed. -
XXXVI. The Objections answered. -
XXXVIII. Publick War solemn, or less Solemn. -
XXXIX. Of War waged by inferi∣our Magistrates. -
XL. Wherein consisteth civil Power. -
XLI. What Power is Highest. -
XLII. That the highest Power isalwaies in the people. -
XLIII. The same further proved. -
XLIV. Arguments to the contrary answered. -
XLV. Of mutual Subjection. -
XLVI. Cautions for the understanding of the true Opinion. The first. -
XLVII. The second Caution. -
XLVIII. That some highest Empires are holden fully,i. e. alienably. -
XLIX. Some highest Empires are not holden fully. -
L. A further manifestation of the second caution. -
LI. A third Observation. -
LII. The fourth Observation. -
LIII. A further explication of the last note, about division of power and mixture. -
LIV. True examples of the supreme power divided. -
LV. Whether He can have supreme power, that is comprehended in an unequal league. -
LVI. An Objection Answered. -
LVII. Another Objection answered. -
LVIII. That the highest power may consist with paying of Tribute. -
LIX. That the highest power may be holden in Fee. -
LX. The Right, and the Exercise of it distinguished. -
LXI. Of the war of Subjects against their Superiors. The que∣stion stated. -
LXII. By the law of Nature, war upon Superiors, as such, is not ordinarily lawfull. -
LXIII. Nor is it allowed by the Hebrew Law. -
LXIV. Least of all, by the Evangelical Law. The first proof, out of S. Paul. -
LXV. The second proof, out of S. Peter. -
LXVI. Further proof from the examples of the antient Christians. -
LXVII. It is not lawfull for inferiour Magistrates to make war upon the Highest. -
LXVIII. In case of extreme and inevi∣table necessity, what may be done. -
LXIX. The King's Person Sacred. -
LXX. Of Christian subjection. -
LXXI. The famous example of the Thebean Legion. -
LXXII. In what cases force it lawfull against a Prince. -
LXXIII. How far we must obey an Invader of anothers Empire. -
LXXIV. Whether it be lawfull tod an Invader, or expell him by force? and in what Cases. -
LXXV. Who may lawfully wage war.
-
-
HVGO GROTIVS OF WARRE AND PEACE.-
I. What are call'd justifick causes of War. -
II. Three just causes of Wars. -
III. War is lawfull in defense of life; onely against an assailnt: and in present certain danger. -
IV. Of the loss of a member, and the defense of chastity. -
V. Defense may lawfully be omitted. -
VI. Defense is unlawfull sometimes a∣gainst a person very profitable to the Publick. -
VII. It is not lawfull to kill another for to avoid a box on the car, or the like disgrace. -
VIII. In defense of Goods, to kill a man is not unlawfull by the Right of nature, -
IX. How far the same is permitted by the Law of Moses. -
X. Whether, and how far it is per∣mitted by the Evange∣licall Law. -
XI. Whether the Civil Law permit∣ting one to kill another in his own defense, give a right, or only impunity. -
XII. When a single combat may be lawfull. -
XIII. Of defense in publick War. -
XIV. It is not lawful to take arms to diminish a Neighbor's power. -
XV. Defensive war also is unjust on his part, who gave just cause of War. -
XVI. The rise and progress of propriety. -
XVII. Some things cannot be madeper, as the Sea, taken for the whole or principal parts: and why? -
XVIII. Of things that may be made proper. -
XIX. Over things made proper, men have a right to use them, in time of necessity: and whence it comes. -
XX. Three Cautions to be applyed to this case of necessity. -
XXI. An example of this right in Wars. -
XXII. Another right of men over things proper, for their benefit, without damage to the owner. -
XXIII. The right of passages expla∣ned, by Land and Water. -
XXIV. Of passage for Merchandise, and of Impost. -
XXV. The right of staying for a time, of inhabiting, of having desert places. -
XXVI. Of Oaths. How great their vertue is, even in the opinion of Pagans. -
XXVII. In an Oath is required a deliberate minde. -
XXVIII. In what sense the words of an Oath bind. -
XXIX. An oath deceitfully procured, when binding. Of Joshuah's oath. -
XXX. The words of an oath not to be extended too far. -
XXXI. An oath binds not, being made of unlawfull matter. -
XXXII. Or, which hinders a greater morall Good. -
XXXIII. Of oaths about things impossible. -
XXXIV. In oaths God is named, and in what sense. -
XXXV. In oaths also other things are named, with respect to God. -
XXXVI. Of swearing by false Gods. -
XXXVII. The effect of an oath. -
XXXVIII. When an oath gives aright to God and man, when to God alone. -
XXXIX. Of an oath to a Pirate, or to a Tyrant. -
XL. Of an oath to one that is perfidious. -
XLI. Of the Heirs obligation. -
XLII. Two cases wherein the obligation ceaseth. -
XLIII. Of that which is done a∣gainst ones oath. -
XLIV. What Superiours can do about the oaths of their subjects. -
XLV. What oaths are properly meant in the charge of Christ against swearing. -
XLVI. Of faith given with∣out an Oath. -
XLVII. OF LEAGUES. They are lawfull with aliens from true Religion, by the Law of Nature. -
XLVIII. They are not universally forbidden by the Hebrew Law. -
XLIX. Nor are they forbidden by the Evangelical Law. -
L. Cautions about such Leagues. -
LI. All Christians are oblig'd to joyn in League against the enemies of Christianism. -
LII. If divers Consederates wageWar, which is to be aided. -
LIII. Of the dissolution of a League. -
LIV. Of Interpretation. -
LV. How words of Art are to be interpreted. -
LVI. Interpretation by Conjecture. -
LVII. Some distinctions and rules for interpretation. -
LVIII. Whether in the name of Confe∣derates are conteined those that shall be so. -
LIX. One shall not wage war with∣out leave of the other, How un∣derstood. And, That Car∣thage shall be free. -
LX. Of Agreements perso∣nal and real. -
LXI. A League made with a King, is extended to him being ex∣pelled, not to the Invader. -
LXII. To whom a promise, made to the first, is due, when more have per∣formed a thing together. -
LXIII. How far States are accountable for damages done by their Subjects. -
LXIV. Of the right of Embassages. -
LXV. Among whom the right of Embassages hath place. -
LXVI. Whether an Embassage be alwayes to be admitted. -
LXVII. Of not violating Embassadors. -
LXVIII. The Law in favour of Embas∣sadors binds not him to whom he is not sent. -
LXIX. An enemy, to whom an Embassador is sent, is bound. -
LXX. Embassadors may not be wronged by way of retaliation. -
LXXI. The companions also of Embassadors, and their Goods, are inviolable. -
LXXII. The right of Embassa∣sadors vindicated by War. -
LXXIII. Of the right of Burial. The right of burial springs from the same Law of Nations. -
LXXIV. What was the first cause of this custome. -
LXXV. Burial is also due to publick enemies. -
LXXVI. Whether Burial be due to notorious malefactors. -
LXXVI. Whether it be due to those that have kill'd themselves? to the sacrilegious and traiterous? -
LXXVIII. Of Punishments. The Definition of punish∣ment, and the ori∣ginal. -
LXXI. Who should punish an Evil-doer. -
LXXX. Of the end of punishment -
LXXXI. In what sense Re∣venge is naturally unlawfull. -
LXXXII. The utility of punish∣ment is threefold. -
LXXXIII. Of punishing a delinquent for his own benefit. -
LXXXV. Of punishment for his pro∣fit who was offended. And of re∣venge by the Law of Nations. -
LXXXVI. The end of punishment is also the profit of All. -
LXXXVII. What the Evangelical Law hath constituted about this matter. -
LXXXVIII. An Objection taken from Gods mercy in the Gospel, answered. -
LXXXIX. Another objection answerd, about precision of re∣pentance. -
XC. Three Inferences from the former Doctrine. -
XCI. Whether human Laws that permit the killing of some men, give the killers a true right before God, or only impunity a∣mong men. -
XCII. What acts are not punish∣able by men. -
XCIII. That it is lawful to pardon, both before and after the Penal Law. -
XCIV. Causes of freeing one from punishment of Law. -
XCV. Of War for punishment; and whether war be just for offences begun. -
XCVI. War for violation of Natures Law. -
XCVII. Three cautions to be observed. -
XCVIII. Whether war may be undertaken for of∣fenses against God. -
XCIX. Four most common principles of Religion. -
C. The first violators of these may be punished. -
CI. Wars are not justly made a∣gainst them that will not em∣brace Christian Re∣ligion. -
CII. Justly against them that deal cruelly with Christians only for Religion sake. -
CIII. Not against them who are mista∣ken in the sense of Scripture. -
CIV. Justly are they punisht, that are irreverent to the Gods they own. -
CVI. Of Communication of punishment. How it passeth to partakers of the fault. -
CVI. The Community or Rulers are engaged by their subjects fault, if they know and do not for∣bid it, when they can and ought. -
CVII. Likewise if they receive then that have offended elswhere, un∣less they punish them or yield them up. -
CVIII. Whether the persons yiel∣ded up, and not receiv'd, remain Citizens. -
CIX. That the rights of suppliants belong to the miserable, not to the guilty; with the exceptions. -
CX. How subjects are partakers of the faults of their Rulers, or Parts of the whole; and how their punish∣ments differ. -
CXI. How long the right of pu∣nishment lasts against a Community. -
CXII. Whether the punishment may pass without Communication of the fault. Two distincti∣ons here needfull. -
CXII. None is justly punisht (in proprie∣ty of speech) for anothers fault. -
CV. OF UNJUST CAUSES. Causes of War, some are justi∣fick, others suasory. -
CVI. Wars without any cause are wild and brutish. -
CVII. Against wars, which have not justisick causes, or not truly such. -
CVIII. Fear of an uncertain dan∣ger no just cause of war. -
CIX. Of some other unjust causes. -
CX. Of the Title of univer∣sal Emperour. -
CXI. Of the Empire of the Church. -
CXII. Of a desire to fulfill Prophecies. -
CXIII. Of that which is due, not by strict justice, but otherwise. -
CXIV. A distinction of war, un∣just in respect of the cause, or of some accident. -
CXV. Of doubtfull causes. Whence Doubts do arise in moral matters. -
CXVI. Nothing is to be done against ones own judgment, though erring. -
CXVI. How the Judgment in drawn either way. -
CXVIII. In doubtful cases, the sa∣fer way is to be taken. Three ways to avoid a doubt∣full war. -
CXIX. Whether war may be just on both sides. -
CXX. ADMONITIONS. For the eschewing of War, Right is often to be remitted. -
CXXI. Punitive right especially is to be remitted. -
CXXII. Again, of the remission of punishment. -
CXXIII. War is to be declined, in favour of our selves and our own party. -
CXXIV. Rules of Prudence about the election of Good. -
CXXV. An Example of a Debate about Liber∣ty and Peace. -
CXXVI. He that is not much the Stronger ought to remit punishment. -
CXXVII. War not to be undertaken, but upon necessity, or upon greatest cause, with greatest opportunity. -
CXXVIII. The Evils of War. -
CXXIX. OF WAR FOR OTHERS: And first, for Sub ects. And whe∣ther an Innocent person may be yielded up. -
CXXX. War may also be undertaken just∣ly for Confederates, for friends, yea for all men. -
CXXXI. Whether man is bound to defend man, and one people another. -
CXXXII. Whether War be just to relieve the Subjects of Another. -
CXXXIII. Concerning Soldiers of Fortune. -
CXXXIV. Of just Causes, that wit may be waged by those that are under others command. Who they are, and what they should do, where they are left free. -
CXXXV. What they should do, when they are commanded to war, and believe the cause of the war to be unjust. -
CXXXVI. What they should do, when they are in doubt. -
CXXXVII. Such are to be dis∣pensed with, upon payment of ex∣traordinary Tribute. -
CXXXVIII. When the arms of Subjects are just in an unjust War.
-
-
HVGO GROTIVS OF WARRE AND PEACE.-
I. How much is lawful in War. GeneralCap. 1. Rules. First, Things are lawful in War, which are necessa∣ry to the end. -
II. The second Rule, Right is con∣sider'd, not only in respect of the first, but after∣causes. -
III. The third Rule. Some things follow without injury, which could not be lawful∣ly intended. -
IV. What is lawful against them, that send things to the Enemies. -
V. Whether it be lawful to use Guile in War. -
VI. Guile in the negative act is not unlawfull. -
VII. Guile in the Positive act, when lawfull. -
VIII. Whether Guile by acts signifying by agreement be lawful? The difficulty of the question. -
IX. Not all use of speech, which may be known will be taken in ano∣ther sense, is unlawful. -
X. The form of a ly, as it is unlawful, consists in its repugnance to the right of Another. -
XI. Five illations thence, about the Lawfulness of speaking false. -
XII. False speaking, whether law∣ful toward enemies. -
XIII. This is not to be extended to promising words, nor to Oaths. -
XIV. It is more grievous and agree∣able to Christian simplicity, to abstein from false speech also against an enemy. -
XV. It is not lawful to make a trai∣tor; it is, to use him. -
XVI. Goods of Subjects bound for the Rulers debt. Naturally, none is bound by anothers deed but the Heir. -
XVII. By the Law of Nations Subjects are tied for the debts of the Ruler. -
XVII. An example hereof in the Ap∣prehension of men, and of goods. -
XVIII. Of Reprizals, after right denyed. Life is not engaged. -
XIX. A distinction, in this matter, 'twixt the Law Civil, and the Law of Nations. -
XX. Of just and solemn War by the Law of Nations. Between whom this war is: and, that it must be denounced. -
XXI. In denouncing war, what is of the Law of Nature, what pro∣per to the Law of Nations. -
XXII. War proclamed against any one includes his Subjects and Adhe∣rents: But, not as consi∣derd by Themselvet. -
XXIII. The Cause why Denun∣tiation is requisite to some ef∣fects, which are not found in other Wars. -
XXIV. War may be indicted and waged together. War indicted for violation of Em∣bassadors. -
XXV. The right of killing ene∣mies in a solemn War. The effects of that War in generall. -
XXVI. Lawful is distinguisht into that which is done without pu∣nishment, and that which is done without fault. -
XXVII. The effects of solemn War gene∣rally consider'd are referrd to the later sense of lawful, in respect of im∣punity: And, why such ef∣fects were introduced. Testimonies. -
XXVIII. Of Strangers found in an Enemies Country. -
XXIX. The enemies subjects may every where be offended. This right extends to Infants and Women, to Cap∣tives, and such as yield themselves without conditions. -
XXX. That right ill referd to other causes. It reacheth also to hostages. -
XXXI. By the Law of Nations, it is forbidden to kill with Poyson. Of poysoning weapons and waters. -
XXXII. Whether it be against the Law of Nations, to use Murtherers. -
XXXIII. Of ravishing of Wo∣men in War. -
XXXIV. Of Wast. The Enemies things may be spoyled. -
XXXV. Of spoiling things sacred and religious. -
XXXVI. About acquisition of things taken in war. What is the Law of Nature: what, of Nations. -
XXXVII. When Movable Goods are by the Law of Nations judged Taken: When Lands. -
XXXVIII. Things that are not the ene∣mies are not acquir'd by war. Of Goods found in the Ene∣mies Ships. -
XXXIX. By the Law of Nations the things are made ours, which our enemies took from others by war. -
XL. Of the Right over Captives. Their Condition, and the reason of it. -
XLI. This right over Captives prevai∣led not among all Nations, nor doth it prevail among Christians. -
XLII. Of Empire over the Conquered. -
XLIII. Admonitions about things done in an unjust War. -
XLIV. A Temperament about the right of killing in a just War.General rules. -
XLV. Children, Women, old Men, Priests, Scholars, husband∣men, are to be spared. -
XLVI. Captives, and They that yield, are not to be killed. -
XLVII. Objections answered. -
XLVIII. The Multitude spared. Hostages spared. Needless fights to be avoided. -
XLIX. A Temperament about wast, and the like. What wast is just. When not to be made. -
L. Things Sacred and Religi∣ous are not to be spoyled. -
LI. The utilities of Moderation. -
LII. A Temperament about things taken. -
LIII. A Temperament about Captives. -
LIV. A Temperament about acquisition of Empire. -
LV. Restitution of things unjustly taken away. Objections answer'd. -
LVI. Of Neuters in War. How they are to be used; and, how to behave themselves. -
LVII. Of things doneprivately in publick War. -
LVIII. Admonitions touching Faith and Peace. The Conclusion.
-
-
I. PART.
-
OUT OF THE LIFE OF S. LUDOVIC, HIS CHARGE
To his Son. -
Out of the same King's life written by Joinvil,
chap. 89. - title page
- Memorials of the Au∣thors Life and Death.
- ERRATA.
- SCRIPTURES EXPLANED.
- An Alphabetical Table of the principal Matters.
-
Books printed for
William Lee, and are to be sold at his shop, at the Turks-Head in Fleetstreet, together with the Prices of some of them. -
Books printed for
W. Lee (and some others) and are to be sold at the Turks Head in Fleetstreet, together with the prices of the said Books. -
Books printed for
William Lee, M. Walbanck, D. Pakeman, andG. Bedell. -
Books printed for
W. Lee, D. Pakeman, andG. Bedell, and are to be sold at their Shops in Fleet-street. -
These Books following are to be sold by
W. Lee, andD. Pakeman at their Shops in Fleetstreet.