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 ...

III. The diffe∣rence be∣tween them.

The difference between Leagues and Sponsions we may learn out of the ninth Book of Livy, where he tells us, That Leagues are such agreements as are made by the Command of the Supreme power, and whereby the whole Nation is made liable to the wrath of God, if they infringe it. And this among the Romans was wont to be performed by Heraulds in the presence of the King of the Heraulds: But a Sponsion is where the Generals having no order from the Supreme Power to conclude any thing about such a matter, do yet pro∣mise and undertake something concerning it. In Salust we read thus, The Senate (as it is very fit) have decreed, That without their, and the peoples Command, no League shall be made.* 1.1 Hieronymus King of Syracuse (as Livy relates) contracted friendship with Hanni∣bal; but he sent afterwards to Carthage to make of that Alliance, a perfect League. Wherefore that of Seneca the Father, where he saith,* 1.2 [In that the Emperour struck up a League, the Roman people may be said to strike it up, and to be concluded by it] must be refer∣red to those ancient Consuls or Generals who had received special Order from the Se∣nate and People of Rome so to do. But in Monarchical Estates,* 1.3 the sole power of ma∣king Leagues is in the King. According to that of Euripides,

—Adrastum hunc opus Jurare: Namque is jus habet regni potens, Ʋt civitatem foedere obstringat suo.

—This Adrastus ought to swear, I say, Who being their Soveraign, the whole City may Oblige, this League for ever to obey.

Now as Inferiour Magistrates cannot oblige the people, so neither can the minor part of the people oblige the whole: But let us here enquire how far forth they are bound, who not having the peoples Right, shall yet undertake that, which the people only have a Right to do. Some may think that if the Sponsors use their utmost endeavour to effect that which they have undertaken, they have preserved their Faith, according to what we have already said,* 1.4 of Promises made for the fact of a third person. But the nature of the business concerning which this Contract is made, requires a stricter obligation: For no man in Contracts, will either give or promise any thing of his own, but expects that something shall be performed unto him in lieu thereof. Whence it is, that by the Civil Law, which will not admit of one mans Promise for another mans fault, such a Promise shall amount unto a Confirmation of the things agreed on, and shall bind the Promiser to make good what the Prince or People refuse.

Notes

• * 1.1

  Lib. 24.
• * 1.2

  Cont. l. 4. c. 29.
• * 1.3

  See Book 3. ch. 20. §. 2.
• * 1.4

  Vid. sup. ch. 11. §. 22.