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

LXXV. Burial is also due to publick enemies.

WHerefore also to publick enemies, all men think Burial to be due † 1.1. Enemies do not envy burial, saith Tacitus: and Dio Chrysostomus having said, this is a Law observ'd among enemies in war, addeth, although their hate hath procee∣ded to the highest degree. Sopater above cited: What war hath deprived mankind of this last honour? What enmity hath so far extended the memory of evil deeds, as to dare violate this Law? Dio Chrysostom cited a little afore, in his Oration of Law: By this, no man judgeth dead men ene∣mies, nor is anger and disgrace extended to their bodyes. And examples are every where * 1.2 extant. So Hercules sought his enemies, Alexander those slain at Issus, Hannibal sought C. Flaminius, P. Aemi∣lius, Tib. Gracchus, Marcellus † 1.3, Romans, to bury them. The same was done by the Romans for Hanno, for Mithridates by Pompey, by Demetrius for many, for King Archelaus by Antonius. It was in the oath of the Greeks warring against the Persians: I will bury all my fellows, being victorious, I will bury the Barba∣rians

too: and frequently in histories you may read of leave obtained to carry off the dead. We have an example in Pau∣sanias: The Athenians say, they had bu∣ried * 1.4 the Medes, because it was their Re∣ligion to Interr all the dead, whatsoever they were. Wherefore, by the interpre∣tation of the antient Hebrews, the High Priest, when otherwise he was forbidden to be present at any funeral, was com∣manded nevertheless to put into the earth * 1.5 a man found unburied. But Christians so much esteemed sepulture, that for this, as well as to feed the poor, or to redeem captives, they thought even the consecra∣ted Vessels of the Church might be lawful∣ly coined or sold. There are indeed exam∣ples also to the contrary, but condemned by common judgment † 1.6.

Notes

• † 1.1

  Belli hoc jus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 vocat Appianus: Belli Commercia Philo. Idem in Flaccum: Etiam qui in bello occubue∣runt, eos homi∣nes solent ad sepulturam da∣re, illi quidem quibus benitatis & humanitatis plus est, suopte impendio: alit vero, qui edia & in mortuos extendunt, sub pactis dantes corpora, ne ca∣reant eorum quae mos imperat ho∣nore ultimo. De eadem re a∣gens Lucanus hominum ri∣tus in hoste servandos di∣xit.
• * 1.2

  Josephus in leg b. Sepeliantur & hostes. Agamemnon Trojanos sepelit Iliad. n. Antigonus Pyrrhum apud Plutarchum. Vide eundem in vita Thesei.
• † 1.3

  Plutarchus Marcello. Credas, inquit Silius Italicus, Si∣donium cecedisse ducem.
• * 1.4

  Atticis.
• * 1.5

  Idem ex jure Pontificio Ro∣mano Servius notat.
• † 1.6

  Hune oro de∣fende furorem, est apud Vir∣gilium. Interpretatur Servius, Inimicorum iram & post fala sae∣vire cupientem. Apud Claudianum:—bominem{que} cruentus Exit, & tenuem caesis i•…•…vidit arenam. Diodorus Siculus: Ferinum est bellum gerere cum morluis, qui ejus∣dem naturae suerint.