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

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.

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

Pages

VII. Even Enemies deserving death, may be sometimes par∣doned.

Yea though in strictness of justice they have deserved death; yet oft-times it is more agreeable to the Goodness, Modesty, and Magnanimity of a Conquerour to forgive than to revenge. Of this mind was King Theuderick in Cassiodore, Those Wars have al∣ways succeeded well to me, saith he, which have ended moderately; for he can never want the victory, that knows how to use it with temperance and clemency. Salust ascribes the prospe∣rity of the Romans and the greatness of their Empire, to nothing more than to their

Page 503

promptness to forgive. And it was the advice of Tacitus, Quanta pervicacia in hostem, tanta benificentia adversus supplices; To shew as much love and kindness to poor suppliants, as courage and resolution towards Enemies. Yea and Seneca tells us, That the most generous of Beasts did disdain to tear and prey upon things vile and abject; Elephants and Lyons scorn things that are prostrate, and pass by what they have overcome. The Author to Herennius hath an excellent saying to this purpose, Our Ancestors, saith he, did very wisely observe this custome, never to put any King to death whom they had taken in War; but why? because, saith he, it would seem unreasonable to use that power which fortune hath now given us, to destroy them whom the same fortune not long before had so eminently favoured: And why should I now punish them? because they have led their Armies against me? This having now got the victory, I am willing to forget, Quia viri fortis est, qui de victoria contendant eos for∣tes putare; qui victi sunt, eos homines judicare, ut possit Bellum fortitudo minuere, Pa∣cem humanitatis augere: Because it is the part of a valiant Commander, to esteem men as Enemies whilst they are able to contend for victory; but being overcome, then to pity them as men; that so valour may end the War, and humanity confirm the Peace. But you will haply say, what if he had overcome you, would he have done so? wherefore then should you spare him? I answer, Quia talem stultitiam contemnere, non imitari consuevi; Because it is my custome to contemn, and not to imitate such folly. Now if this Author did mean this of the Romans (which is very uncertain, because he intermixes many strange, and indeed Ro∣mantick stories, with some true ones) it manifestly contradicts that which we read in the Panegyrick of Constantine the Son of Constantius, He acts the part of a prudent man, who having conquered Rebels can bind them to himself by a free pardon; but he, of a valiant man, who having vext them, can trample upon them. Thou hast revived, O Emperour, that ancient confidence of the Roman Empire, who triumphed in the death of those great Commanders whom they had taken in the War; for in those days their Captive Kings, after they had graced their triumphs, by attending the Conquerours Chariot from the Ports to the most publick place of the City, as soon as he turned his Chariot towards the Capitol, were hurried away to Execution. Only Perseus upon the intercession of Paulus Aemilius, to whom he had yielded himself, escaped the severity of this custome; but the rest having their eyes put out, remained for ever after in Chains: teaching thereby other Kings rather to preserve their faith and friendship with the people of Rome, than to exasperate their justice. But these things are written some∣what too loosely. Josephus in his History concerning the death of Simon Bar-jorae, testifies the same severity of the Romans; but he speaks it of such Captains and Commanders only as was Pontius Samnis, but not of such as carried the titles of Kings, whose words sound thus, The conclusion of the triumph was after that the triumphant Chariot was come to the Capitol; for there by the Ancient custome the Conquerour was to stay till tidings were brought of the death of that great Commander, whom he led in triumph; who having an halter cast a∣bout him, was presently drawn into the Market-place, his Keepers whipping him forward: for in that place by the custome of the Romans, such as were condemned for Capital crimes, were put to death, and there executed. So soon then as it was declared unto the Emperour, that his Enemy was dead, they immediately proceeded to perform all other the Rites that were in those cases provided very joyfully. The very same ceremonies doth Cicero also recite in his O∣ration concerning Punishments. Concerning great Commanders thus Executed, Histo∣ries afford us examples enough, and some few of Kings also, as of Aristonicus, Jugurth, Artabasdus; I should be loth to revive this obsolete custome, yet we read that Joshua put to death those Kings that he took Captives. And Dion relates of Sossius, That he whipt Antigonus with rods after be had fastned him to his Cross. But withal the same Historian wisely adds, Which no King ever suffered by any of the Roman Conquerours. The same History we may also read in Josephus. Eutropius likewise records it of Maximianus Herculius, that having slain the Francks and Almains, and taken their Kings Captives, He exposed them to be devoured by wild Beasts. So doth Ammianus concerning a King of the Almains, who being taken Captive was crucified. Yet even among the Romans there were divers Kings besides Perseus, that escaped the severity of that custome, as Syphax, Gentius, Juba, and in the time of the Caesars, Caractius, and others: Whence it may appear that the Romans (though as Cicero and others blame them for being too se∣vere in this case) had always some respect both to the causes of the War, and also to the manner of its prosecution, when they thus punish'd them: And therefore it was no ill advice that M. Aemilius Paulus gave to the Roman Senate in the case of Perseus, Si nihil humani metuerent, at divinam vindictam timerent iis imminentem qui victoriâ insolen∣tius utuntur; Though they stood not in awe of any humane power, yet they should do well to fear the anger of the Gods, who never failed to avenge themselves on those who abused their fa∣vours, with too much pride and insolency. Plutarch in the life of Agis observes, that in the Grecian Wars such reverence was born unto the office and dignity of a King, that their very Enemies durst not offer violence to the Lacedemonian Kings. An Enemy therefore that considereth not what humane Laws permit to be done, but what in equity he

Page 504

ought to do, or what Religion and Piety requires to be done, forbears the shedding of the blood even of his Enemies; neither will he sentence any man to death, unless it be to preserve life or livelyhood to himself, or for such personal crimes as by the Laws of God or Man deserve death; yea, and though some of them do deserve it, yet in consideration of humane frailty, and of the instability of fortune or some such probable reasons, he either altogether omits, or at least contents himself with such a punishment as is not capital. It is an excellent observation that Diodorus makes, That whosoever succeeds prosperously in War, whether it were the expugnation of Cities or victory in Battel, Saepe fortunae magis quam virtuti debentur; are for the most part rather the gift of fortune, than the necessary effect of true valour. But to shew mercy unto such as they have conquered, is the work of Providence only. Thus Alexander in Curtius, Though he was highly in∣censed against the Authors of the War, yet he thought it prudent to forgive them all.

Notes

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