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

X. The form of a ly, as it is unlawful, consists in its repugnance to the right of Another.

IT is then requir'd to the common no∣tion of a Ly, that what is said, written, noted, intimated, cannot otherwise be un∣derstood, than in that sense, which is dif∣ferent from the mind of the Author. And to this larger notion, the stricter significa∣tion of a ly, as it is naturally unlawful, must needs add some proper difference: which, if the matter be rightly examined, at least according to the common estima∣tion of Nations, no other seems possible to be given beside the repugnance with the existing and remaining right of him to whom the speech or note is directed. For, that no man lyes to himself, how false so∣ever he speaketh, is plain enough. Right I understand here, not of every sort, and extrinseeal to the thing, but, which is proper and connate to this business. And this is nothing els but the liberty of judging † 1.1, which Men speaking together are, as 't were by a certain tacit agreement, understood to owe unto them whom they speak. For this and no other is that mu∣tual obligation, which men had consented to introduce, so soon as they instituted the use of words and the like notes: with∣out which obligation, such an Invention had been in vain. And we require, that,

at the time of speaking, that right sub•…•… and remain: for, it may fall out, that the right that was may be taken away by another right supervenient; as a debt, by acceptilation, or cessation of the condi∣tion. It is required further, that the right which is impaired be his with whom we speak, not anothers; as also in contracts, injustice is not, but from the impaired right of the contractors. Hither perchance you may not amiss refer, that Plato after Simonides reduces Truth of speech to Ju∣stice * 1.2; and, that the holy Scriptures often∣times describe that forbidden ly, by a te∣stimony or speech against ones neighbour; and, that S. Augustin himself, in consti∣tuting the nature of a ly, puts the intent of deceiving † 1.3. And Cicero will have the question of speaking truth referred to the fundamentals of Justice. Now, the right of which we have spoken, it seems, may be taken away, as by the express consent of him with whom we deal (as, if one hat•…•… foretold, he will speak false, and the o∣ther hath given leave:) so also by his ta∣cit consent, or presumed upon good rea∣son, or by opposition of another right, which, by the Common judgment of all men, is of much more value. Three things being well understood, will furnish u•…•… with many illations, conducing much 〈◊〉〈◊〉 reconcile the different opinions abov•…•… mention'd.

Notes

• † 1.1

  Hence the Hebrews say, He steals away the heart, who takes away the means of knowing, Gen. 31. 20, 26, 27. and Onkelos and the LXX. there. Robbi David lib. radi∣cum. & Rab. Salomo in Com∣ment. & Aben∣esd.
• * 1.2

  Lib. 1. de Re∣pub.
• † 1.3

  Lactant. in∣stit. 6. 18. ut non mentiatur unquam deci∣piendi aut no∣cendi causa.