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

XLVIII. The Multitude spared. Hostages spared. Needless fights to be avoided.

MOreover, where offenses are of that nature, that they may seem wor∣thy of death, it will be a point of Mercy, because of the Multitude of them, to remit somewhat of extreme right. Of which cle∣mency we have God himself for Author, who was pleased, that Peace should be offerd to the Cananites and their neigh∣boring Nations, offenders in the highest degree; such a Peace, as allowed them life on condition of being tributaries. Per∣tinent here is that of Seneca: The Seve∣rity * 1.1 of a General shews it self against par∣ticulars: but pardon is necessary, where the whole Army is revolting. What takes away Anger from a wise man? The Mul∣titude of Transgressors † 1.2. And that of Lucan * 1.3:

Plagues, Famine, Ruines, Storm, or Fights have sent So many to their grave: not Punish∣ment.

Casting of Lots was ordained, saith Cicero, that too many might not be pu∣nished. Sallust to Cesar: No man exhor∣teth you to cruel punishments, or bitter sentences, whereby a City is rather wasted than reformed. As to Hostages, what is to be determined out of the Law of Nature may be seen above. Of old, when it was commonly believed, that every one had as much power over his own life as over other things within his propriety; and that that power, by consent either tacit or express, was devolved from every particular per∣son upon the Commonwealth; it is the less to be admir'd, if we read, Hostages (though in themselves innoxious) were put to death for the offense of the Com∣monwealth, either as by their own pecu∣liar, or as by the publick consent, where∣in their own was included also. But after that the more true and perfect Wisedom hath taught us, that Dominion over life * 1.4 is excepted by God, it follows, that by consent alone no man can give to any, power and right over the life either of himself, or of his Citizen. And therefore it seem'd atrocity to Narses a good Ge∣neral, to take punishment of innoxious Hostages, as Agathias tells us: (and o∣ther * 1.5

Authors say the like of others:) even by Scipio's example, who said he would not shew his displeasure upon harmless Hostages † 1.6, but upon those that had re∣volted: and, that he would not take re∣venge of the unarmed, but of the armed enemy. Now, that among the later Lawyers some of great name, say such a∣greements are of force, if they be con∣firm'd * 1.7 by custom, I admit it, if by right they mean impunity only, which in this argument often comes under that appel∣lation: But, if they suppose them free from sin, who by ag•…•…eement alone take away any ones life, I fear they are de∣ceiv'd themselves and by their per•…•…lous authority deceive others. Clearly, if he that comes an Hostage, be, or were be∣fore, in the number of grievous dclin∣quents; or, if afterward he hath broke his faith given by him in a great matter; pos∣bly, the punishment may be free from in∣jury. But Clodia, who came not an Ho∣stage of her own accord * 1.8, but by Order of the City, when she had passed 〈◊〉〈◊〉 and escaped, was not only safe, but prai∣sed for her Vertue by the Etruscian King, as Livy * 1.9 speaks in this History. We must here add this, all combates which are of no use to obtem right, or end the War, but have meer ostentation of strength pro∣posed to them * 1.10, are contrary, both to the office of a Christian man, and to Huma∣nity it self. Therefore Rulers ought seri∣ously

to forbid them, being to render in account for blood unprofitably shed, to Him in whose stead they bear the sword. Surely, Sallust also hath commended Ge∣nerals, that bought their victories at the least expence of blood; And Tacitut saith of the Catti, a people of approved va∣lour: Their excursions and 〈◊〉〈◊〉 fights were seldom † 1.11.

Notes

• * 1.1

  2. Deira. cap. 10.
• † 1.2

  Quicquid multis peccatur, inultum est. Scholiastes Inv. ex Luca∣no. August. epist. 64. Ma∣gis monendo, quàm minando: Sic enim agendum est cum multitudine peccantium: •…•…ritas autem exercenda est in peccata paucorum.
• * 1.3

  Tot simul infesto juvenes occumbere letho, Saepe fames, pelagi{que} furor, subitae{que} ruinae, Aut coeli terrae{que} lues, aut bellica clades, Nunquam 〈◊〉〈◊〉 fuit. Lucan.
• * 1.4

  Vict. de jure belli. n. 43.
• * 1.5

  Lib. 1.
• † 1.6

  Livius, lib. 28. The same sa th Julian, in Nicetas. l. 2.
• * 1.7

  Menoch. arb. q. 7.
• * 1.8

  Compare the story of Hostages re∣fusing that burthen, and punishe for it, in Nicetas, l. 2.
• * 1.9

  Liv. lib. 2.
• * 1.10

  Id est, 〈◊〉〈◊〉 Grae∣ciloquuntur, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Arr. 1.
• † 1.11

  Plutarch re∣prehends De∣metriu for ex∣posing his sol∣diers to dangers, and thrusting them into battells, 〈◊◊〉〈◊◊〉 of a desire of glory, than for any Advantage.