The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ...

About this Item

Title
The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ...
Author
Grotius, Hugo, 1583-1645.
Publication
London :: Printed by M.W. for Thomas Basset ... and Ralph Smith ...,
1682.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
International law.
War (International law)
Link to this Item
http://name.umdl.umich.edu/A42237.0001.001
Cite this Item
"The most excellent Hugo Grotius, his three books treating of the rights of war & peace in the first is handled, whether any war be just : in the second is shewed, the causes of war, both just and unjust : in the third is declared, what in war is lawful, that is, unpunishable : with the annotations digested into the body of every chapter / translated into English by William Evats ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42237.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

Pages

III. The unlawful∣ness of ma∣king war a∣gainst our Su∣periors pro∣ved by the Jewish Law.

By the Hebrew Law, He that behaved himself contumaciously against either the High-Priest, or against him who was extraordinarily by God ordained to govern his people, was to be put to death; and that which in the eighth Chapter of the first Book of Samuel, is spoken of the right of Kings, to him that throughly inspects it, is neither to be under∣stood of their true and just rights, that is, of what they may do justly and honestly (for the duty of Kings is much otherwise described, Deut. 8.11.) nor is it to be understood barely, of what he will do: for then it had signified nothing that was singular or extraor∣dinary,* 1.1 for private men do the same to private men: But it is to be understood of such a fact, as usurps or carries with it the priviledge of what is right, that is, that it must not be resisted although it be not right; for Kings have a Right peculiar to themselves, and what in others is punishable, in them is not. That old Saying, Summum jus, summa injuria, Extreme right is extreme wrong, is best fitted to the case of Kings, whose abso∣lute power maks that seem right, which strictly taken is not so. There is a main diffe∣rence between Right in this sence taken,* 1.2 and Just; for in the former sence, it comprehends whatsoever may be done without fear of punishment: but Just, respects only things law∣ful and honest. And though some Kings there be, who are (what Servius in Cicero's Phi∣lippicks is commanded to be) magis Justitiae quam Juris Consulti; More regardful of their honour and duty, than of their power and prerogatives: Yet this doth not diminish their Soveraign Right; because if they will, they may do otherwise without the danger

Page 55

of being resisted. And therefore it is added in that place of Samuel before cited, That when the people should at any time be thus oppressed by their Kings, as if there were no remedy to be expected from men, they should invoke his help who is the Supream Judge of the whole Earth. So that whatsoever a King doth, though the same done by an inferiour person would be an Injury, yet being done by him is Right. As a Judge is said Jus reddere, to do right, though the sentence he gives be unrighteous.

Notes

Do you have questions about this content? Need to report a problem? Please contact us.