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

XX. Of just and solemn War by the Law of Nations. Between whom this war is: and, that it must be denounced. * 1.1

ABove * 1.2 we began to say, that a just war, in approved authors, is often called so, not from the cause whence it a∣riseth, nor from the greatness of the acti∣ons, but by reason of some effects of law. What this war is, is best understood by the definition of enemies in the Roman Lawyers. Enemies are they, who against * 1.3 us, or against whom we do publickly decree war: the rest are theeves or robbers, saith * 1.4 Pomponius: and so saith Ulpian too. Where, what they speak of the Roman people, we must understand of every supreme power He is an enemy, saith Cicero, who hath a Commonwealth, a Court, a * 1.5 Treasury, consent and concord of Citizens, and some way, if occasion be, of peace and league. Yet doth it not presently cease to be a Commonwealth or City, if it com∣mit some unjust act, even in Common; nor is a company of Pirats or Robbers a Commonwealth, though perhaps they keep a kind of equality among them∣selves, without which no company is able to consist. For, These associat them∣selves to do mischief * 1.6: They, although sometimes they are not without fault, yet hold society to maintain right, and they

do right to others, if not in all things ac∣cording to the Law of Nature (which, a∣mong many people, is in part oblitera∣ted:) at least according to agreements made with every other Nation, or ac∣cording to customs. So the Greeks, at what time it was accounted lawful to take spoil at Sea, absteined from slaugh∣ters and populations by night, and from stealing Oxen that plowed, as the Scho∣liast * 1.7 upon Thucydides observes. And o∣ther Nations living also upon the spoil, when they were come home from Sea, sent unto the owners to * 1.8 redeem (if they pleased) at an equal rate, what they were robbed of, as Strabo saith. Now the principal, in moral matters, is in∣stead of the form; and, as it is rightly said by Cicero, and Galen, The denomi∣nation * 1.9 is given from the greater part. Wherefore the same Cicero speaketh too crudely, saying in his third De Republi∣câ, where is an unjust King, or unjust Senators, or an unjust people, there is not now a vitious, but no Common∣wealth. * 1.10 Which sentence S. Augustiu cor∣recting saith, Yet I shal not therefore con∣clude it to be no people, nor Common∣wealth, * 1.11 so long as there remaineth a ra∣tional multitude joyned together in a so∣ciable Communion of things which they love * 1.12. A diseased body is nevertheless a

body: and a City, though very sick, is a City, as long as Laws remain, Courts of Justice remain, and other things necessa∣ry, that foreiners may there obtain right, as well as private men among themselves. Better spake Dion Chrysostom, who said, the Law (that especially which makes the right of Nations) is in a Common∣wealth, as the soul in the body of man: which being taken away, 'tis no longer a † 1.13 Commonwealth. And Aristides in that Oration wherein he exhorts the Rho∣dians to concord, shews that many good Laws may consist, even with Tyranny. Now, although there be so great a diffe∣rence between a people how wicked soe∣ver, and them that being not a people come together for wickedness, yet may a change happen, not only in single per∣sons (as Jephtha, Arsaces, Viriatus, of Captains of Robbers became just Cap∣tains) but in companies also, as, they that were only Robbers, embracing another kind of life may become a Common∣wealth * 1.14, Moreover, who they are that have the Highest power, we have said a∣bove; whence it may also be understood, If any have it in part, for that part they may wage a just war: and much more they, who are not subjects, but unequal∣ly confederate † 1.15, as, between the Romans

and their Fellows, though inferiour in League, the Volscians, Latins, Spaniards, Carthagenians, all things of a just War * 1.16 were exercised, as the Histories inform us. But, that war may be just in this sense, it sufficeth not, that it be waged between Highest powers on both sides: but it is requisite, as we have heard, that it be publickly decreed, and truly so decreed publickly, that the signification thereof be made by the one party to the other † 1.17: whence Ennius calls them promulgata pralia, promulged battells. It is a just war which is waged by edict, (saith an antient writer in * 1.18 Isidore) things being re∣quir'd, or for resistance of Enemies: and Livy put it in the description of a just war, that it be commenced with an Edict, and in an open manner † 1.19

Notes

• * 1.1

  Cap. 3.
• * 1.2

  Part. 1. 38.
• * 1.3

  L. hostes de verb. signif.
• * 1.4

  L. hostes. D. de 〈◊〉〈◊〉.
• * 1.5

  Philip 4.
• * 1.6

  Turba homi∣num non lege congregata, sed injustitiae causa in unum coacta. Procopius 2. Vandalicor.
• * 1.7

  Lib. 1.
• * 1.8

  Tales & illi quorum Saxo meminit, libro 14. Lib. 11.
• * 1.9

  Cic. de finib. 5. Ex eo quod maximas partes continet, latissi∣me{que} funditur, res tota appella∣tur.
• * 1.10

  Galenus talia vocat 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.11

  De Civit. Dei l. 19. c. 24.
• * 1.12

  Aristotle saith, if one too far stretch the power of a Few, or of the people, the Commonwealth at first becomes vi∣tious, afterward none. 5. de rep. c. 9.
• † 1.13

  Cicero l. 10. epist. 1. Nec liges sunt, 〈◊〉〈◊〉 judicia, nec om∣nino simulacrum aliquod aut ve∣stigium Civita∣tis.
• * 1.14

  Exemplum in Mamertinis. Diodorus Sicu∣lus in Fragmen∣tis. Augustin. de latrocinio locutus: Hoc malum si in tan∣tum perditorum hominum acces∣sibus crescit, ut & loca teneat, sedes constituat, civitates occup•…•…, 〈◊〉〈◊〉 pulos subjuget, regni nomen assumit.
• † 1.15

  Ut Dux Lotharingiae, ap•••• Cran: z'um Saxonicis, 12, 13.
• * 1.16

  Cajet. 2. 2. q. 40. art. 1.
• † 1.17

  Cic. Offic. 2. At belli quidem aequitas sanctis∣sime seciali po∣puli R. jure per∣scripta est; ex quo intelligi da∣tur, nullum bel∣lum esse justum, nisi quod aut re∣bus repetitis geratur, aut de∣n•…•…ntiatum ante sit & indictum. Jos. Antiqu. lib. 15. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Vide Crantzium Saxonic. 11. Nicet. l. 3. & 4.
• * 1.18

  Lib. 1.
• † 1.19

  Liv. lib. 31. Idem cum narraslet Acarnanas agrum A•…•…ticum esse populatos: Irritatio animorum ea 〈◊〉〈◊〉 fuit: postea justum bel∣lum decr•…•…is civitatum ultro indicendo sactum.