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 ...

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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.
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Subject terms
International law.
War (International law)
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"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 May 5, 2024.

Pages

III. Whether an innocent Sub∣ject may be de∣livered up to preserve the whole.

Wherefore in case the Enemy shall require any one person to be delivered to death, though that person be innocent, there is no question but that he may be forsaken, if it clearly appear, that the City is too weak to make resistance. For as Nicephorus, in Zo∣naras, advised rightly, concerning the delivering up of the Fugitives to the Bulgarian Ge∣neral, to purchase their peace, We judge it much better that a few men should perish, than that so great a multitude should be destroyed.

Page 423

Non malo unius domus Commune vinci, sed nec aequari potest.
No one mans sufferings can equal be Unto a general calamitie.

(When Alexander had destroyed Thebes, he came to Athens, threatning to destroy it, un∣less Demosthenes, Lycurgus, and others who had highly exasperated the people against him, were delivered vnto him. Phocion thereupon being urged in the Senate to deliver his Opinion in that Case, pointing to his dear friend Nicocles, answered, Eo in fortunii urbem nostram isti perduxerunt, ut etiamsi hunc Nicoclem meum dedi Alexander poscat, dedi jussurus sum; Into such a desperate condition have these men brought this City, that if Alexander had demanded my dearest friend Nicocles, my Vote should have past for his delivery: Yea, and I should think my self happy, might my life alone be accepted, as a sacrifice to preserve it.) It is true Vasquius seems to be of a contrary judgment, yet he that throughly weighs not so much his words as his intention and purpose, may perceive that all he aims at is this only, That such an innocent person is not rashly or easily to be delivered, where there remains any hopes that he may be defended. For he there brings in a story of a certain Band of Italian Foot, whom he deservedly condemns for deserting Pompey before his Case was desperate, upon Caesar's promise of safety and protection which he condemns, and that not unworthily. But whether an innocent Citizen may be delivered up into the enemies power to preserve his City from imminent ruine, is much disputed now amongst the learn∣ed, as it formerly was, when Demosthenes invented that notable Apologue of the Wolves, who were content to make peace with the sheep, upon condition that their Dogs might be delivered up unto them. Neither doth Vasquius only deny this, but Sotus also, whose Opinion Vasquius condemns, as being too near a neighbour to treachery: Yet Sotus was of Opinion, that such a Citizen ought to deliver up himself; which Vasquius denies, being swayed by this reason, because the nature of a Civil Society, which was at the first entred into for mutual preservation, doth not permit it. But the force of this argument reach∣eth no farther than this, That no Citizen is bound so to do by any right strictly taken; but it argues not, That if he do it, he transgresseth the rules of Charity: For there are many Duties, which though not by the strict rules of Justice, yet by the bonds of Charity we stand obliged to perform, which are not only laudable being done, (as Vasquius acknow∣ledgeth) but which cannot be left undone without blame; whereof this is one, That eve∣ry man prefers the safety of an innocent multitude before his own. Know ye not, saith Caiaphas the High Priest, that it is better, that is, less evil, that one man should die, than that the whole Nation should perish. For the destruction of no one Family can equal the destruction of the Universe. A particular mischief is much more tolerable than a general calamity. And therefore Phocion did wisely when he perswaded Demosthenes, rather to undergo death himself, than that for him his Native Countrey should be destroyed; which he urged upon him by the examples of the Daughters of Leus, and of the Hyacinthides. This was Cicero's resolution in the like case, as appears by that Oration he made for P. Sextius, If it should happen, saith he, that sailing in a ship with my friends, and being there∣in assaulted by many Pyrats, who peremptorily resolved to sink the ship, unless I only were deli∣vered up unto them; I should chuse rather to cast my self into the sea to preserve my friends, than endeavour to preserve mine own life with the danger of theirs: And so in another place, An honest and a prudent man observing the Laws, and knowing the duties of a Civil Life, doth always prefer a general good before the advantage of any particular person, though of himself. Livy speaking of certain Molossians, saith, That he had often heard of men that willingly ex∣posed themselves to death for the defence of their Countrey: But these, saith he, are the first that ever I heard of, that thought it fit, that their Countrey should perish for themselves only. But here also it may be questioned, whether a Citizen (though obliged in duty to do it) may be compelled thereunto. This Sotus denies, by the example of a rich man, that is bound by the bonds of mercy and charity to administer to the necessities of the poor, yet cannot be compelled thereunto. But we must here note, that there is not the same rea∣son, for the parts compared between themselves, as there is for the Superiors compared with those that are subject unto them: for equals cannot compel one another, unless it be to such things as are strictly due; whereas it is in the power of Superiors, as Superiors, to enforce their inferiors to any virtuous act for the publick good. So we read, that the Lu∣cans ordained a punishment against Prodigality, the Macedonians against Ingratitude, and the Athenians and Lucans both against Idleness. As in a time of dearth, any one Citizen may be enforced to produce his private store of Grain, and to make it publick: So in this case, whatsoever Charity requires of us, the Magistrate for a more universal good hath a power to enforce; as Phocion would have delivered up his friend Nicocles had Alexander demanded him.

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