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 ...
- 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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- Cite this Item
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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 19, 2024.
Contents
- frontispiece
- title page
- THE PREFACE.
- table of contents
- THE EPISTLE TO THE READER.
-
Hugh Grotius OF THE RIGHTS OF PEACE & WAR. BOOK I.
-
CHAP. I. What War is, And what Right is.
- I. The order of this whole Treatise.
- II. War defin'd
-
III. Right, as it relates to
A∣ction, defined and divided. - IV. Right as it is a quality divi∣ded into facul∣ty and fitness.
- V. Faculty divi∣ded into Power, Domi∣nion and Cre∣dit.
- VI. This Right is twofold, either Common or Eminent.
- VII. Aptness what it is.
- VIII. Of Expletive and Attribu∣tive Justice.
- IX. Right as ta∣ken for a rule or Law de∣fined.
- X. This Law of nature defi∣ned & distin∣guisht from that which is not proper∣ly so.
- XI. Natural in∣stinct.
- XII. The Law of Nature how proved.
- XIII. Voluntary Laws.
- XIV. Humane Laws divided.
- XV. The Divine voluntary Law divided.
-
XVI. The Law giv∣en to the
Jews did not oblige stran∣gers. - XVII. What Christi∣ans may learn from the Mo∣saical Law.
-
CHAP. II. Whether it be lawful at any time to make War.
- I. The Law of Nature is not against it.
- II. This proved by Histories.
- III. By examples.
- IV. That War is not repugnant to the Law of Nations.
- V. Nor to the Voluntary divine law be∣fore Christ.
- VI. Cautions, concerning the lawfulness of war by the Gospel law.
- VII. That it is not repugnant to the Gospel to make War.
- VIII. The Argu∣ments for the adverse opi∣nion answe∣red.
- IX. What the Pri∣mitive Chri∣stians held as to this.
-
CHAP. III. War divided into Publick and private. The Supream Power explained.
- I. War divided.
- II. That Tribu∣nals being e∣rected, all war is not unlaw∣ful.
- III. Neither is it repugnant to the Evangeli∣cal Law.
- IV. Solemn War what it is.
- V. Whether a War waged by a Magi∣strate, that hath not an Authority from the Su∣preme power, be publick? And when?
- VI. The Civil Power, what?
- VII. Power Su∣preme what it is?
- VIII. Not in the people.
- IX. Mutual Subje∣ction refuted.
- X. Cautions in judging of the Supreme Power.
- XI. The Second Caution.
- XII. Some Sove∣raign powers are held fully, with a right of alienation.
- XIII. Some are held not so fully.
- XIV. Some power not Supreme, yet fully held.
- XV. This appears by the assign∣ing Tutors and Prote∣ctors in King∣doms.
- XVI. Soveraignty not lost by any promise made of any things which belong not to either the Law of God or Nature.
- XVII. It may some∣times be di∣vided.
- XVIII. Which is ill collected from this, That some Princes will have their Acts confirm∣ed by the Se∣nate.
- XIX. Some other examples hither ill drawn.
- XX. True exam∣ples.
- XXI. A Confede∣rate on une∣qual terms may have the Supream Power.
- XXII. Of such as pay Tribute.
- XXIII. Of such as hold their do∣minions in Feud.
- XXIV. A mans right distinguisht from the ex∣ercise of that right.
-
CHAP. IV. Of a War made by Subjects against their Superiors.
- I. The Question stated.
- II. War against Superiors as such, unlawful.
- III. The unlawful∣ness of ma∣king war a∣gainst our Su∣periors pro∣ved by the Jewish Law.
- IV. By the Gospel Law.
- V. The practice of the Primi∣tive Christi∣ans.
- VI. Inferiour Ma∣gistrates ought not to resist the Supreme.
- VII. Of resistance in case of in∣evitable ne∣cessity.
- VIII. That a free people may make War a∣gainst their Prince.
- IX. Or against King that hath renoun∣ced his King∣dom.
- X. Or against a King that would alie∣nate his King¦dom.
- XI. Or a King that Invades the whole bo∣dy of the people in an hostile way.
- XII. And against him who breaks the condition up∣on which he was admitted.
- XIII. And against him who ha∣vlng but one part of the Soveraign power, In∣vades the other.
- XIV. And against him, who grants such a Licence in certain cases.
- XV. An Usurper how far to be obeyed. The Acts of an Usurper binding, and why.
- XVI. An Usurper may be kil∣led, during the War, if no contract be made with him.
- XVII. Or by vertue of some ante∣cedent Law.
- XVIII. By his Com∣mission who hath Right to the Empire.
- XIX. Why an U∣surper may not be killed, but in one of these cases.
- XX. No private man to be Judge in this case.
- CHAP. V. Who may lawfully make War.
-
CHAP. I. What War is, And what Right is.
-
Hugo Grotius OF THE RIGHTS OF PEACE & WAR. BOOK II.
-
CHAP. I. Of the Causes of War, And, First, of War made in our own defence.
- I.
- II. War made, 1. For De∣fence. 2. For Redemption. 3. For Pu∣nishment, law∣ful.
- III. War in de∣fence of our selves lawful.
- IV. Yet against the Aggressor only.
- V. And where the dangers are certain, and immi∣nent, and not opinionative only.
- VI. Or for the de∣fence of our Limbs.
- VII. Or for the de∣fence of our Chastity.
- VIII. Yet may this defence some∣times be lau∣dably omit∣ted.
- IX. Our defence against a per∣son publickly useful, unlaw∣ful by the Rule of Charity.
- X. To kill any man for a slight injury not lawful for Christians.
- XI. To kill any man in de∣fence of our goods, by the Law of Na∣ture not un∣lawful.
-
XII. How far law∣ful by the Law of
Moses. - XIII. How far forth Lawful by the Evangelical Law.
- XIV. Whether the Civil Law doth permit only, or ap∣prove of this kind of Inter∣section.
- XV. Single Com∣bats when lawful.
- XVI. Of Defence in a publick War.
- XVII. When only to curb the power of a Neighbour Prince unlaw∣ful.
- XVIII. Defence in such as have given just cause of War unlawful.
-
CHAP. II. Of such things wherein Men have a Right in Common.
- I. The division of what we call Ours.
- II. The original and growth of Propriety.
- III. That some things will not admit of Propriety; as the Sea, taken Universally.
- IV. Places not in∣habited are his that first possesseth them.
- V. Birds, Beasts and Fish, the first occupi∣ers, unless re∣strained by Law.
- VI. In times of necessity what is properly ours, may be common to o∣thers.
- VII. But not if the necessity be otherwise a∣voidable.
- VIII. Nor if there be the like ne∣cessity in the right owner.
- IX. Things thus taken are to be restored when we are able.
- X. An example of this right in war.
- XI. In cases of in∣nocent profit.
- XIII. A right to tra∣vel by Land or Sea, com∣mon to all.
- XIV. Whether Tolls may be imposed on Merchandises.
- XV. A right in common to stay for a time.
- XVI. A right to in∣habit for such as are expel∣led their own Country.
- XVII. Especially places desart, and untilled.
- XVIII. A right to such acts with∣out which men cannot well live.
- XIX. A right of buying neces∣saries.
- XX. But not al∣ways to sell.
- XXI. A Right to contract Ma∣trimony.
- XXII. A Right to do such acts as were permit∣ted to all strangers.
- XXIII. I mean such as are permitted by the Right of nature, not out of grace and favour.
- XXIV. Whether to engross all the fruits of one kind be law∣ful.
-
CHAP. III. Of the Original Acquisition of things; where also of the Sea, and of Rivers.
- I. How things become ours originally.
- II. Other means refuted.
- III.
- IV. Occupancy two-fold, of Empire or Dominion.
- V. That the Right of Pos∣sessing things movable may by Law be prevented.
- VI. Upon what Right the Do∣minion of In∣fants and Mad-men is grounded.
- VII. That Rivers may be pos∣sest in our own proper Right.
- VIII. Whether the Sea may be so.
-
IX. Not so of old in some parts of the
Roman Empire. - X. That the Law of Nature doth not hin∣der, but that part of Sea closed by Land may be occupied.
- XI. How such pos∣session is gain∣ed, and how long it lasts.
- XII. Such Occa∣pancy hin∣ders not our Right to Traf∣fick innocent∣ly by Sea.
- XIII. That the So∣veraignty o∣ver some parts of the Sea may be possest, and how.
- XIV. Of the law∣fulness of taking Tolls by Sea.
- XV. Some people by agreement forbidden to sail beyond such bounds.
- XVI. Whether a River change∣ing its course, changes the bounds of the Territories.
- XVII. What if the waters do wholy forsake the Channel.
- XVIII. The whole River some∣times belong∣eth to one Territory, and none to the other.
- XIX. That things clearly de∣serted be∣come the next occupants.
-
CHAP. IV. Of a Presumed Dereliction and the following Occupancy: And wherein it differs from Prescription and Usucapion.
- I. Long posses∣sion of no force among different Na∣tions.
- II. Yet it is sometimes pleaded by them.
- III. How things may be said to be forsa∣ken.
- IV. But by deeds done.
- V. And deeds not done.
- VI. Of what force time without possession is to prove a Dere∣liction.
- VII. Time out of mind, what it is.
- VIII. An Objection answered.
- IX. Dominion hath been transfer'd by possession im∣memorial.
- X. Whether the Right of those unborn, may be thus lost.
- XI. That the Title to Empires may be got or lost by Pre∣scription.
- XII. Whether Kings are ob∣liged by those Civil Laws of Usucapion or Prescription.
- XIII. What is not inseparable from Sove∣raignty may be got or lost by Prescripti∣on.
-
XIV. That Subjects may at all times assert their own Li∣berty refuted.
Vasquius refu∣ted. - XV. Things mere∣ly in our pow∣er are not lost by Prescrip∣tion.
-
CHAP. V. How a Right over Persons was originally gained: Where also the Rights of Parents over their Children, of Matrimony, of Colledges or Societies, of Kings over Subjects, and of Masters over Servants, are discust.
- I. The Right of Parents over their Chil∣dren.
- II. This right dif∣fers according to the age and discretion of their Chil∣dren.
- III. The Second Period. Whilest the Child is a part of the Parents Fa∣mily.
- IV. Of Parents coercive power.
- V. Their power to sell them.
- VI. Their power over them when sepa∣rate from them.
- VII. The Rights of Parents are either Natu∣ral or Civil.
- VIII. A Right over persons by consent. Of an Hus∣band over his Wife.
- IX. Whether the tie of one man to one woman inseparably be, by the Natu∣ral or Evan∣gelical Law only.
- X. What Marri∣ages are justi∣fiable by the Law of Na∣ture.
- XI. It is a void Marriage that is contracted with anothers Wife or Hus∣band.
- XII. Of Marriages between kin∣dred.
- XIII. The degrees of Affinity and Consan∣guinity for∣bidden.
- XIV. Remote de∣grees seem not forbid∣den.
- XV. Some Concu∣binary Con∣tracts may amount to marriage.
- XVI. Some marri∣ages though forbid to be done, yet being done are valid.
- XVII. Of the right of the major part of a So∣ciety.
- XVIII. Which part carries the sentence when the Votes are equal.
- XIX. Where the question is not agreed unto, what is to be conjoyned and what di∣vided.
- XX. The Right of the Absent re∣mains with the Present.
- XXI. What order is to be used a∣mong persons equal.
- XXII. Where divers societies claim unequal shares how Votes are to be reckon∣ed.
- XXIII. The right of societies over their Citi∣zens.
- XXIV. Whether Ci∣tizens may desert their City.
- XXV. A City hath no power o∣ver her ba∣nished.
- XXVI. What Right a man hath o∣ver his adopt∣ed Son.
- XXVII. What power Lords have o∣ver their Slaves.
- XXVIII. Whether this power ex∣tend to life and death.
- XXIX. Of the Chil∣dren of Slaves that are born and bred in their Masters family.
- XXX. There are di∣vers kinds of Servitudes.
- XXXI. Publick Sub∣jection by consent.
- XXXII. What Right is gained over persons by way of punish∣ment.
-
CHAP. VI. Of that Right which is derivatively acquired, by the voluntary Fact of a man, wherein is handled the Right of Alienation of Empires, and Things there∣unto belonging.
- I. What is re∣quisite to a perfect Alie∣nation.
- II. What in the Receiver.
- III. Empires whe∣ther alienable.
- IV. That the whole cannot alienate the parts that consent not to the Alienati∣on.
- V. Nor any part over them∣selves, but in cases of neces∣sity.
- VI. The causes of this different power.
- VII. That the Em∣pire over some place may be alie∣nated.
- VIII. No part alie∣nable either for profit or necessity by a King alone.
- IX. Infeudations and Morgages of the parts of the Empire, unlawful.
- X. Inferior Juris∣dictions not alienable by the King.
- XI. Not the peo∣ples patrimo∣ny.
- XII. The patrimo∣ny to be di∣stinguished from the mean profits.
- XIII. How far forth that part of the peoples patrimony may be pawn∣ed by the King, and why.
- XIV. Testaments a kind of Ali∣enation.
-
CHAP. VII. Of that Right that is acquired by Law, and of Succession from an Intestate.
- I. Some of the Civil Laws unjust.
- II. A man may have a Right to that which he takes from another, and when.
- III. The Estate of an Intestate to whom it na∣turally de∣scends.
- IV. Whether Pa∣rents do owe unto their Children any part of their goods.
- V. In Succession the Children of the decea∣sed are to be preferred be∣fore their Pa∣rents, and why.
- VI. Of Represen∣tative Succes∣sion.
- VII. Abdication or exheredati∣on.
- VIII. The Right of Bastards.
- IX. If a man dye Childless and Intestate, to whom shall the Estate de∣scend.
- X. An estate lately gained to the next of kin.
- XI. Diversity of Laws as touching suc∣cession.
-
XII. How succes∣sion to King∣doms patri∣monial ought to be guided. Daughters capable to succeed in
Egypt andBritain. - XIII. In Kingdoms that are In∣divisible, the eldest suc∣ceeds.
- XIV. A Kingdom by the peo∣ples consent hereditary, if in doubt, is presumed to be indivisible.
- XV. The successi∣on not to last beyond the line of the first King.
- XVI. Natural Issue not concern∣ed in it.
- XVII. Males prefer∣red before Females in the same de∣gree.
- XVIII. The elder be∣fore the younger.
- XIX. Whether such a Kingdom be part of an Inheritance.
- XX. The succes∣sion to King∣doms is the same as that to other estates. Whether ab∣solute.
- XXI. Or held from another.
- XXII. Of a Lineal Cognatical succession, and what manner of transmission of right is therein.
- XXIII. The lineal succession of the Males only Agnatical suc∣cession.
- XXIV. A succession that alwayes respects the proximity to the first King.
- XXV. Whether the Son may be so exhereda∣ted, that he shall not suc∣ceed in his Fathers Kingdom.
-
XXVI. Whether a King may re∣nounce his Kingdom. In a Kingdom meerly he∣reditary he may, but n
in a Lineal Succession. - XXVII. Whether the King, or the People only, have a Right to judge of the Successi∣on.
- XXVIII. The Son born before his Fa∣ther was King, to be prefer∣red before him that was postnate.
- XXIX. Unless other∣wise provi∣ded by some Law.
- XXX. Whether the Nephew by the elder Son be to be pre∣ferred before the younger Son.
- XXXI. Whether the younger Bro∣ther living, be to be prefer∣red before the Kings el∣der Brothers Son.
- XXXII. Whether the Son of the Brother be to be preferred before the Kings Uncle.
- XXXIII. The Nephew by the Son preferred be∣fore the Daughter.
- XXXIV. The younger Nephew from the Son, be∣fore the elder from the Daughter.
-
XXV. The Neece from the el∣der Son pre∣ferred before the younger Son. - XXXVI. The Sisters Son preferred before the Brothers Daughter.
- XXXVII. Whether the Daughter of the elder Bro∣ther be to be preferred be∣fore the youn∣ger Brother.
-
CHAP. VIII. Of Dominion vulgarly said to be acquired by the Law of Nations.
- I. That many things are said to belong to the Law of Nature that properly do not.
- II. As Fish in Ponds, Deer in Parks.
- III. That out-ly∣ing Deer cease not be the owners, could they be known.
-
IV. Possession how got by Instruments, as Nets,
&c. - V. That Wild Beasts should be the Kings. is not against the Law of Nature.
- VI. Possession of things not owned, how gained.
- VII. Mony found whose it is.
- VIII. Of Islands and Inundations.
- IX. Whose they are naturally.
- X. That natural∣ly the Land is not lost be∣cause drown∣ed.
- XI. That the In∣crements of Rivers if in doubt, are the peoples.
- XII. But if grant∣ed, then theirs whose fields have no other bounds but the River.
- XIII. So are the hanks if forsa∣ken by the River and left dry.
- XIV. What is to be held as Incre∣ment, and what as an I∣sland.
- XV. When the In∣crement be∣longs to the Vassal.
-
XVI. The Argu∣ments where∣by the
Roman Lawyers would prove their Law to be as it were the Law of Nature, an∣swered. - XVII. Whether an High-way do stop the In∣crement of a River.
- XVIII. That the Child should follow the condition of the Mother only, is not natural.
- XIX. Community may arise by giving a new form to ano∣ther matter.
- XX. Yea though the matter be abused.
- XXI. That the les∣ser should yield to the greater, by reason of its prevalence, is not natural.
- XXII. Of things planted or sowed on ano∣thers ground, the fruits are naturally to be communica∣ted.
- XXIII. The Possessor cannot claim the fruits, but may his char∣ges.
- XXIV. Yea, though he possess it unjustly.
- XXV. That naturally the delivery is not requisite to transfer do∣minion.
- XXVI. What use may be made of what hath been said.
-
CHAP. IX. How Empire and Dominion may Cease and Determine.
- I. When the owner dying, leaves no Suc∣cessor.
- II. So of a Family.
- III. When the people that were free, cease to be so.
- IV. As when their necessa∣ry parts are taken away.
- V. When the whole people are swept a∣way.
- VI. Or when the Form or Spi∣rit is lost.
- VII. But not by the change of their Seat.
- VIII. Nor by their change of Go∣vernment.
- IX.
- X. Or one be di∣vided.
-
XI. Where the old
Roman Empire now resides. - XII.
- XIII.
-
CHAP. X. What Obligation ariseth from Dominion.
- I. Restitution.
- II. Of the profit of what be∣longs to ano∣ther.
- III. He that useth anothers, thinking it his own, not bound to re∣store if the thing perish.
- IV. Yet is he bound to re∣store the fruits in be∣ing, if any be.
- V. Yea, and those that are consumed, unless other∣wise he had not spent them.
- VI. But not for those which he neglected to perceive.
- VII. Nor those that he hath given away, this ex∣plained.
- VIII. Nor if he sell what he bought.
- X. Another mans goods being sold, cannot be re∣stored, but to the right Owner.
- XI. Where the right Owner is not known, we are not bound to re∣stitution.
- XII. What is re∣ceived if due, whether the cause be ho∣nest or disho∣nest, is not to be restored, naturally.
- XIII. The opinion confuted, that holds, That things consist∣ing in num∣ber, weight and measure may be trans∣ferred with∣out the con∣sent of the Owner.
-
CHAP. XI. Of Promises.
- I. That Natu∣rally a Right may arise from Pro∣mises.
- II. 1. That a bare assertion obli∣geth not.
- III. 2. A Promise though natu∣rally obliging, yet transfers no Right to another.
- IV. 3. What that Promise is that gives a Right to ano∣ther.
- V. To make a Promise com∣pleat, the use of Reason is required in the Promiser.
- VI. A Promise made through er∣ror, how far Naturally it obligeth.
- VII. A Promise made through fear obligeth.
- VIII. What is pro∣mised ought to be in the power of the Promiser.
- XI. Whether a Promise made to do an act simply evil obligeth.
- X. Concerning a Promise of that which was formerly due.
- XI. The manner of a firm Pro∣mise made by our selves.
- XII. Of the like made by o∣thers.
- XIII. The obligati∣tions of Ma∣sters of Ships and Factors, how far they naturally ex∣tend.
- XIV. To a good Promise acce∣ptation is re∣quisite. A pretending demand ar∣gues an acce∣ptance, if no alteration ap∣pear.
- XV. Whether it be requisite that the acce∣ptation should be made known to the Promiser.
- XVI. Whether a Promise made may be revo∣ked before it be accepted.
- XVII. Whether it may be revo∣ked, if the party dye who was authorized to make it. Explained.
- XVIII. Whether a Promise be revocable af∣ter it hath been accepted of by another.
- XIX. In what time a charge may be added to a Promise.
- XX. A Promise in it self invalid, how it may be made firm.
- XXI. Promises made without cause not na∣turally void.
- XXII. He that pro∣miseth for the fact of another how far he standeth bound.
-
CHAP. XII. Of Contracts.
- I. The division of humane Acts to others profitable.
- II. Of those that are simple, some are meerly bene∣ficent, some mutually ob∣ligatory.
- III. And into such as are permu∣tatory.
- IV. As into such as are com∣municatory.
- V. Acts mixt are either so prin∣cipally.
- VI. Or by accesti∣on.
- VII. Which of these are cal∣led Contracts.
- VIII. Equality is re∣quisite in Contracts and first in Acts precedane∣ous.
- IX. As Equality in knowledge.
- X. And in free∣dom of Will.
- XI. Equality in the act it self if it be per∣mutatory.
- XII. And in the things con∣tracted for.
- XIII. What Equali∣ty takes place in Acts mere∣ly or in part beneficent.
- XIV. Concerning the price of things, how they may be dearer or cheaper.
- XV. When a sale is perfected by the Law of Nature, and when domi∣nion passeth.
- XVI. What Mono∣polies are a∣gainst the Law of Nature or the Rule of Charity.
- XVII. How Money receives its value.
- XVIII. Rents not to be remitted for barren∣ness or such like chances.
- XIX. How the re∣ward of mens labours may be encreased or diminish∣ed.
- XX. By what Law Usury is for∣bidden.
- XXI. What Gain falls not un∣der the Noti∣on of Usury.
- XXII. What power the Civil Laws have determined in the case.
- XXIII. How Con∣tracts con∣cerning ensu∣rances are to be valued.
- XXIV. How in Soci∣eties: with their se∣veral kinds.
- XXV. Of Naval So∣cieties.
- XXVI. The Law of Nations takes no notice of Inequalities, if consented unto.
-
CHAP. XIII. Concerning Oaths.
- I. The Credit given to Oaths by Heathens.
- II. It requires a deliberate mind.
- III. The words of an Oath are to be under∣stood in that sense that he is believed to understand to whom we swear.
- IV. An Oath by fraud procu∣red, when binding.
- V. The words of an Oath not to be too far extended.
- VI. Oaths bind not to things unlawful.
- VII. Nor that im∣pede a great∣er moral good.
- VIII. Nor to impos∣sibilities.
- IX. If the impos∣sibility be on∣ly for the pre∣sent, how the Oath obligeth.
- X. The form of Oaths.
- XI. Oaths not by God only, but by others also in relation to God, oblige.
- XII. And by false Gods.
- XIII. The principal effect of an Oath.
- XIV. When by an Oath a right is given to God and Man, and when to God alone.
- XV. An Oath gi∣ven to a Pyrate or a Tyrant valid.
- XVI. Whether Faith be to be kept with the Faithless.
- XVII. How far the Heir of that Promise stands obli∣ged.
- XVIII. Two cases wherein the Obligation ceaseth.
- XIX. When that which is done against an Oath is void.
- XX. How far the Prince's pow∣er prevails o∣ver his Sub∣jects Oaths.
- XXI. What manner of Oath Christ forbad.
- XXII. Faith may be given with∣out an Oath.
-
CHAP. XIV. Of the Promises, Contracts and Oaths of Soveraign Princes and States.
- I. Whether Kings may rescind their own Acts.
- II. To what Acts of Kings the Laws extend.
- III. When Kings are bound by their Oaths, and when not.
- IV. How far a King is bound by those Pro∣mises which he makes without cause.
- V. Of what use that which hath been said of the power of the Law about the Contracts of Kings.
- VI. In what sense a King may be obliged to his Subjects by the Law of Nature on∣ly, or by Civil Law.
- VII. How a Right gained by Subjects may lawfully be taken from them.
- VIII. The distincti∣on of things gained by the Natural and Civil Law rejected.
- IX. The Con∣tracts of Kings whe∣ther they be Laws, and when.
- X. How by the Contract of a King, his Heirs may stand bound.
- XI. And how his Successors.
- XII. And how far.
- XIII. Of the Grants of Kings which are revocable and which not.
- XIV. Whether the right King be bound by Contracts of an Usurper.
-
CHAP. XV. Of Leagues and Sponsions.
- I. Publick Con∣ventions what they are.
- II. How divided.
- III. The diffe∣rence be∣tween them.
-
IV.
Menippus his division of Leagues re∣jected. - V. Leagues divi∣ded into those that bind to things agreeable to the Law of Nature.
- VI. And into those that add unto it, which are ei∣ther things equal;
- VII. Or unequal, which are a∣gain divided.
- VIII. Leagues with such as differ from us in Religion, na∣turally not unlawful;
-
IX. Nor univer∣sally forbid∣den by the
H Law.brew - X. Nor by the Christian Law.
- XI. Cautions a∣bout such Leagues.
- XII. All Christians obliged to confederate themselves against the enemies of Christianity.
- XIII. If our Confe∣derates are ingaged in se∣veral Wars, which we ought to assist.
- XIV. When re∣newed.
- XV. The League is void, if either party break it.
- XVI. How far Ge∣nerals enga∣ging are bound, if the Prince re∣fuse.
- XVII. Whether the Articles of agreement being made known to the Prince, do bind him in case of Si∣lence.
-
CHAP. XVI. Concerning the True meaning, and Interpretation of Leagues and Promises.
- I. How Pro∣mises bind externally
- II. According to the sense of the words, if other conje∣ctures do not hinder.
- III. Words of Art according to Art.
- IV. Interpretati∣on by conje∣ctures.
- V. From the matter.
- VI. From the ef∣fect;
- VII. Or from o∣ther things conjoyned arising from the same will.
- VIII. And in the same place.
- IX. By a strict or large signifi∣cation of words.
- X. Of Promises, some are favo∣rable, some grievous, and some mixt.
- XI. As to the acts of Kings or people, the distinction between Contracts due in equity and strict Law, rejected.
- XII. By these rules we may frame Interpretati∣ons of words and promises.
- XIII. Under the name of As∣sociates, whe∣ther those at present only be compre∣hended.
- XIV. What is meant by this clause, That one party shall not make War without the consent of the other.
-
XV. That
Carthage should be free, how meant. - XVI. What Argu∣ments are Real, and what Perso∣nal.
- XVII. A League holds with a King, though expelled his Kingdom.
- XVIII. But not so with an Usur∣per.
- XIX. A Promise made to him that shall per∣form such an act, if more do it together, to whom is the Promise due?
- XX. A conjecture offering it self either ex∣tends the sig∣nification, and when.
- XXI. Whether a Command gi∣ven for one thing, be ful∣filled in do∣ing another as profitable, if not more:
- XXII. Or restrained, and that ei∣ther by reason of some de∣fect in the Will:
- XXIII. Or when the main Reason ceaseth:
- XXIV. Or when there is a de∣fect in the matter:
- XXV. (An observa∣tion concern∣ing the last recited Con∣jectures.)
- XXVI. Or from the repugnancy of some e∣mergent case with the Will: Which is taken ei∣ther from something that is unlaw∣ful.
- XXVII. Or when some too great a charge ariseth to the Promiser in comparison of that act.
- XXVIII. Other signs whereby we may guess that such a case ought to be exempted.
- XXIX. What Rules should then guide our conjectures.
- XXX. In a case that is dubious, a Writing is not required to compleat the Contract.
-
XXXI. The Contracts of Kings not always to be interpreted by the
Roman Laws. - XXXII. Whether his words that offers, or his that accepts, are most bind∣ing.
-
CHAP. XVII. Of the Damage done to one man, through the default of another, and the Obligation thence arising.
- I. He that occa∣sioneth the Damage, is bound to re∣pair it.
- II. Damage is that which is repugnant to Right strictly so taken.
- III. A strict Right distinguisht from a bare fitness.
- IV. A Damage extends to the fruits and profits;
- V. And to the gain that ceaseth, and how.
- VI. Of Damages given Prima∣rily.
- VII. Secondarily.
- VIII. They that by not doing, occasion the Damage Primarily;
- IX. And Secon∣darily.
- X. What is re∣quired as to this.
- XI. In what order they are bound.
- XII. The obligati∣on extends to the Damages that are con∣sequent.
- XIII. An example in an Homi∣cide:
- XIV. In him that maimeth an∣other:
- XV. In an Adul∣terer:
- XVI. In a Thief or Robber, and others:
- XVII. In him that by fear or fraud causeth a Promise.
- XVIII. What if the fear be naturally just.
- XIX. What if the fear be held by the Law of Nations, for just.
- XX. How far the Civil power is bound by Damages done by their Subjects,
- XXI. The owner of a Ship or Beast that hurts his Neighbour, not bound by the Law of Nature.
- XXII. The Damage against a mans honour how to be tepaired.
-
CHAP. XVIII. Of the Rights of Embassages.
- I. The Rights of Embassages a∣rise from the Law of Nati∣ons.
- II. Among whom this Right takes place.
- III. Whether an Embassage be always to be admitted.
- IV. Against such Embassadors as raise Sedi∣tion, our de∣fence is law∣ful, but not their punish∣ment.
- V. He is not bound to these Laws of Embassages, to whom the Embassador is not sent.
- VI. An Enemy is hereunto ob∣liged if the Embassador be sent unto him.
- VII. Neither are Embassadors liable to the Law of Reta∣liation.
- VIII. The privi∣ledge of Em∣bassadors ex∣tends to their Retinue.
- IX. And to their movable Goods.
- X. Examples where there are Obligati∣ons, but no power to compel.
- XI.
- CHAP. XIX. Of the Right of Burial.
-
CHAP. XX. Of Punishments.
- I. The definition of punish∣ments.
- II. It appertains to commuta∣tive justice.
- III. In whom this right of Punish∣ing is, natural∣ly.
- IV. To what end punishments are ordained.
- V. In what sense revenge is na∣turally lawful.
- VI. A threefold profit arising from punish∣ments.
- VII. 1. To the of∣fender.
- VIII. To him against whom the of∣fence is com∣mitted.
- IX. 3. To every man indistinct∣ly.
- X. What the E∣vangelical Law requires as to this.
- XI. The Argument from Gods mercy in the Gospel, answe∣red.
- XII. And that of de∣priving a sin∣ner of the time of Repentance.
- XIII. The imperfect Divisions of pu∣nishments reje∣cted.
- XIV. Not lawful for private Christi∣ans to inflict capital punish∣ments, though by the Law of Nations they may.
- XV. Or to accuse a∣ny voluntarily.
- XVI. Or to affect the Office of a Judge in capi∣tal matters.
- XVII. Whether those Humane Laws that permit the killing of some men, do give them a true right before God, or only an impunity a∣mongst men.
- XVIII. What acts are punishable by men. The internal acts of the mind.
- XIX. Such as are in∣evitable to hu∣mane nature.
- XX. Nor those that are neither di∣rectly nor indi∣rectly destru∣ctive to hu∣mane Society.
- XXI. Whether Ma∣gistrates may forgive offences
- XXII. The offender may be pardo∣ned before the penal Law be ordained.
- XXIII. Yet not always.
- XXIV. Yea and after the penal Law.
- XXV. Causes freeing from punish∣ment.
- XXVI. Or extrinsecal.
- XXVII. Yea though no such exempti∣on be tacitely included in the Law.
- XXVIII. All punish∣ments are a∣warded accor∣ding to mens merits.
- XXIX. The impulsive Causes of sin are to be respe∣cted and com∣pared together.
- XXX. The Causes re∣straining from sin.
- XXXI. The fitness of the person of∣fending, to both which is diversly re∣spected.
- XXXII. Counter-passi∣on rejected.
- XXXIII. In punishments regard is to be had to the person punish∣ed.
- XXXIV. Charity miti∣gates Punish∣ment.
- XXXV. Custom & faci∣lity, how they add or detract from the pu∣nishment of sin.
- XXXVI. Clemency in the mitigation of punish∣ments.
- XXXVII. To these are referred what∣soever the Ro∣mans or He∣brews have written concer∣ning punish∣ments.
- XXXVIII. Of War for pu∣nishment.
- XXXIX. Whether War for injuries be∣gun only or in∣tended, be just.
- XL. War for viola∣ting the Law of Nature.
- XLI. The Law of Nature is to be distinguished from Civil Cu∣stoms.
- XLII. And from the voluntary Di∣vine Law not known to all men.
- XLIII. In the Law of Nature we ought to di∣stinguish be∣tween things that are clear, and that are obscure.
- XLIV. Whether War may be made for offences a∣gainst God.
- XLV. What are the common Noti∣ons concern∣ing God, ex∣prest in the four first Com∣mandments.
- XLVI. They that con∣tradict these, may be punish∣ed.
- XLVII. But not others proved by the Heb. Law.
- XLVIII. Nor against those who will not embrace Christianity.
- XLIX. That war may justly be made against them that persecute Christians as such.
- L. But not against such as erre in the interpreta∣tion of the Di∣vine Law.
- LI. But they that are openly im∣pious and pro∣fane against such as they believe to be Gods, may be punished.
-
CHAP. XXI. Of the Communication of Punishments.
- I. How by parta∣king of the sin of another man, we may be liable to his punishment.
- II. How Princes and States are punishable by reason of the facts of their Subjects.
- III. Of receiving Malefactors in∣to protection.
- IV Who ought to be either pu∣nished or deli∣vered up.
- V. The right of Suppliants be∣long not to ma∣lefactors, but to the miserable.
- VI. Yet may they be protected until their Cause be exa∣mined, and by what Law.
- VII. How Subjects may partake of their Princes faults.
- VIII. Whether a pu∣nishment once due may at any time be exact∣ed.
- IX. Whether a man may par∣take of the pu∣nishment tho' not of the crime.
-
X. That which comes directly, distinguisht from that w
ch comes by con∣sequence. -
XI What befals us by the occasion of a crime di∣stinguisht from that w
ch befals us because of the crime. - XII. Properly, no man can be justly punished for anothers fault.
- XIII. No not the Children for their Parents.
- XIV. The objection taken from Gods dealing with men an∣swered.
- XV. If not children; much less kins∣men.
-
XVI. Yet may chil∣dren be deny∣ed somethings w
ch otherwise they might have had. - XVII. Nor are Sub∣jects properly punished for their Princes crimes,
- XVIII Nor Dissenters for the sins of the major part.
- XIX. The Heir not obliged to his Fathers punish∣ment as such and why.
- XX. Yet he is, if that punish∣ment be chan∣ged into some other kind of debt.
-
CHAP. XXII. Of Causes of War that are unjust.
- I. The difference between the true and the pretended cau∣ses of War.
- II. A war without any cause is brutish.
- III. The War that hath no justi∣fying cause is but predatory.
- IV Some causes are specious but not just.
- V. As an uncer∣tain fear.
- VI. Unnecessary profit.
- VII. The denyal of Marriages.
- VIII. Desire to plant in a better soil.
- IX. The discovery of things pre-occupied by o∣thers.
- X. What if the pre-occupants be mad.
- XI. Nor the desire of Liberty in such as are Subjects.
- XII. Nor the desire of Rule, with∣out the con∣sent of those whom we would rule.
- XIII. The Roman Empire not Universal.
- XIV. Nor the Pope.
- XV. The pretence of fulfilling of prophecies no cause of War.
- XVI. Nor a debt not strictly due, but some other way.
- XVII. Though the War be just, yet the manner of prosecuting it, may make it unjust.
-
CHAP. XXIII. Of the Causes of War that are doubtful.
- I. Causes of doubts whence?
- II. Nothing to be done against our judgment.
- III. The judgment sometimes led by arguments drawn from the thing it self.
- IV. By the Autho∣rity of others.
- V. If the doubts be equal, the matter weigh∣ty, and one must be cho∣sen, chuse the safest.
- VI. The safest way is to abstain from War.
- VII. 1. By Treaty.
- VIII. 2. By Arbitra∣tion.
- IX. 3. By Lot.
- X. Single Com∣bats permit∣ted.
- XI. In cases equally dubious, the present occu∣pant hath the best right.
- XII. If neither be possest, then a partition is just.
- XIII. Whether a war may be on both sides just, explained by many distin∣ctions.
-
CHAP. XXIV. War, though Just, not to be undertaken rashly.
- I. Better some∣times to forego our right, than to make War for it.
- II. Especially when underta∣ken for punish∣ment only.
- III. Especially by a King that is injured.
- IV. And that some∣times for his own and his Subjects safety.
- V. Prudent Rules about our choice of Good.
- VI. Life better than Liberty.
- VII. War seldom made for pu∣nishments by Princes of e∣qual power.
- VIII. War not to be undertaken but in a case of ne∣cessity.
- IX. Or without great cause, and great advanta∣ges.
- X. The miseries of War.
-
CHAP. XXV. For what Causes a War may be undertaken for others.
- I. A Prince may justly make War for his Subjects.
- II. Yet is it not alwayes con∣venient.
- III. Whether an innocent Sub∣ject may be de∣livered up to preserve the whole.
- IV. War may just∣ly be made for our confede∣rates, equal or unequal.
- V. For our Friends.
- VI. For any man.
- VII. Yet it may be omitted, if either it en∣danger our selves, or take away the inva∣ders life.
- VIII. Whether a War may be made upon an∣other King for oppressing his own Subjects.
- IX. Of Souldiers of fortune.
- X. Especially they that make War for spoil.
-
CHAP. XXVI. How War may be justly waged by such as are Subjects to anothers Command.
- I. Who are said to be under a∣nothers Domi∣nion.
- II. What they are to do, being left to their own choice.
- III. What if they think the cause unjust.
- IV. But what if he doubteth.
- V. Extraordinary Taxes to be exacted, in∣stead of obe∣dience in this Case.
- VI. When Subjects may justly en∣gage in an un∣just War.
-
CHAP. I. Of the Causes of War, And, First, of War made in our own defence.
-
Hugo Grotius OF THE RIGHTS OF WAR and PEACE. BOOK III.
-
CHAP. I. Of certain General Rules, shewing what by the Law of Nature may be lawfull in War, wherein also he treats both of Fraud and Lies.
- I. The order and method of this Book.
- II. Things neces∣sary to the End, lawful in War.
- III. A Right in War may arise from some sub∣sequent Cause in its prosecu∣tion.
- IV. Some things may be gained without injury, indirectly, which pur∣posely was not lawfull.
- V. What we may do against them that supply our Enemies with what they want.
- VI. Whether fraud in War be law∣ful.
- VII. Fraud in its negative act not unlawfull.
- VIII. Fraud in its positive acts distinguished.
- IX. Whether to ly be lawful to an Enemy.
- X. To use such words as may be taken in a∣nother sense, not always un∣lawful.
- XI. The form of a lye as it is unlawful, wherein it consists.
- XII. It is lawful to speak untruth to Infants and Mad-men.
- XIII. When he to whom we di∣rect our speech is not decei∣ved, but a By-stander.
- XIV. When our speech is dire∣cted to him that is willing to be deceived.
- XV. When he that speaketh, useth that soveraign power he hath over his Sub∣jects.
- XVI To preserve the life of an innocent per∣son.
- XVII. Lawful to Ene∣mies.
- XVIII. This not to be extended to words promis∣sory.
- XIX. Not to Oaths.
- XX. It is more ge∣nerous and Christian like to abstain from falshood and lies.
-
XXI We must not enforce a man to do that w
ch he cannot law∣fully do. - XXII. Yet if he offer himself, we may make use of him.
-
CHAP. II. How Subjects Goods become liable to their Princes Debts.
- I. Naturally none but the Heir obliged by the fact of another.
- II. But by the Law of Nati∣ons Subjects are for their Prince.
- III. An example in taking of men Prisoners:
- IV. Reprizals law∣ful.
- V. Our right be∣ing first deny∣ed, and when that is.
- VI. This Right reacheth not to the life of him that is ta∣ken.
- VII. The distincti∣on that is here∣in made be∣tween the Law of Nations, and the Civil Law.
-
CHAP. III. Of a Just or Solemn War, according to the Law of Nations; and of its Denunciation.
- I. A Solemn War ought to be between two diverse Nations.
- II. A distinction between a Na∣tion doing things unjust∣ly, and Pyrats, and Robbers.
- III. Yet there often happens a change.
- IV. A solemn War ought to be be∣tween such as have Sovereign Power.
- V. A solemn War must be de∣nounced.
- VI. Wherein what is required by the Law of Na∣ture, and what by the Law of Nations.
- VII. War denoun∣ced sometimes conditionally, and sometimes absolutely.
- VIII. 3. In denoun∣cing War what is required by the Civil, and what by the law of Nations.
- IX. War denoun∣ced against a Prince, is de∣nounced a∣gainst all that adhere unto him.
- X. But not by themselves considered.
- XI. 4. Why de∣nunciation is necessary to some effects of War, in a So∣lemn War.
- XII. Which are not in other Wars.
- XIII. Whether a War may be as soon made as denounced.
- XIV. Whether it be to be denoun∣ced, in case the Right of Em∣bassadors be vi∣olated.
-
CHAP. IV. That in a solemn War, the Right of killing Enemies is by the Law of Nations granted.
- I. The Right of killing Ene∣mies in a so∣lemn War.
- II. The word law∣ful distin∣guisht.
- III. In War the ef∣fects are law∣full generally, that is, not pu∣nishable.
- IV. Why such ef∣fects were in∣troduced.
- V. Testimonies of these effects.
- VI. All that are found among enemies are li∣able to the ef∣fects of War.
- VII. Though they come before the War be∣gan.
- VIII. But natural Subjects every where, unless protected by another Prince.
- IX. This Right ex∣tends to Wo∣men and In∣fants.
- X. And to Cap∣tives.
- XI. Yea, and to Suppliants.
- XII. Yea, and to such as yield without con∣ditions.
- XIII. This right not to be referred to other causes.
- XIV. It extends also to Hostages.
- XV. To kill by poy∣son, unlawful.
- XVI. As also by im∣poysoning Wa∣ters or Wea∣pons.
- XVII. But not other∣wise to corrupt Waters.
- XVIII. Whether it be against the Law of Nations to use Murthe∣rers.
- XIX. Whether ra∣vishment be in such a War lawful.
- CHAP. V. Of Spoil and Rapine committed in War.
-
CHAP. VI. Of the Right to things taken in War
- I. What the Law of nature de∣crees concern∣ing things gain∣ed by War.
- II. What the Law of Nations.
- III. When movea∣ble Goods are said to be ta∣ken.
- IV. When Lands.
- V. Things not the Enemies can∣not be acqui∣red by War.
- VI. Concerning Goods found in an Enemies Ship.
- VII. Things taken from our ene∣mies are ours by the Law of Nations, tho' they took them from others.
- VIII. That things ta∣ken from the Enemies are not always theirs that take them.
- IX. That possession and dominion may be gained for us by ano∣ther.
- X. A distinction of Acts done in War into publick and private.
- XI. The Land that is taken is his that maintains the War.
- XII. Things moving themselves and moveable, be∣ing taken by private Acts, are theirs that take them.
- XIII. Unless the Ci∣vil Law do o∣therwise or∣dain.
- XIV. What is taken by a publick act is his that maintains the War.
- XV. Yet was some power herein always grant∣ed to the Ge∣neral.
- XVI. Who have ei∣ther brought into the pub∣lick Treasury,
- XVII. Or divided it to the Souldi∣ers, and how.
- XVIII. Or by plunder.
- XIX. Or grant it to others.
- XX. Or being di∣vided it is di∣versly disposed of.
- XXI. Oft-times it was embezelled.
- XXII. That some∣what may be changed of this common right by any Law or Act of the Will.
- XXIII. Some of the spoil may be due to our As∣sociates.
- XXIV. And often to Subjects.
- XXV. To what use these serve.
- XXVI. Whether things taken without the Territories of either Party, be lawful prize.
- XXVII. This Right, how proper to a solemn War.
-
CHAP. VII. Of the Right over Captives taken in War.- I. Captives in a solemn War na∣turally slaves.
- II. Yea and there posterity.
- III. Whatsoever is done unto such is unpunish∣able.
- IV. Even the things incor∣poreal of the slave are trans∣ferred to the Lord.
- V. The reason why this Insti∣tuted.
- VI. Whether such as are taken may fly.
- VII. Whether they may resist their Lords.
- VIII. This not in force in all Na∣tions.
- IX. Nor now a∣mongst Chri∣stians, and what is intro∣duced in its stead.
- CHAP. VIII. Of Empire over the Vanquished in War.
-
CHAP. IX. Of the Right of those that return out of Captivity.
-
I.
Postliminium what it is. - II.
- III. Some things return, and some are re∣ceived by the Right of Post∣liminy.
- IV. It is of use as well in Peace as War.
- V. The War last∣ing, when a Freeman may be said to re∣turn.
- VI. What Rights he may receive, and what not.
- VII. All Rights a∣gainst him are restored.
-
VIII. Why they that yield them∣selves are not capable of
Right. - IX. How a people may obtain this Right.
- X. To those that return, what Rights arise from the Ci∣vil Law.
- XI. How Servants are received by Postliminy, how Fugitives, and how they that are redee∣med.
- XII. Whether a people, being subjected by a∣nother, may be received by Postliminy.
-
X
I. Whether lands may be said to be received. - XIV. What diffe∣rence was an∣ciently made between things moveable.
- XV. What at this Day.
- XVI. What things are received that need no Postliminy.
- XVII. Some alterati∣ons may be made by the Civil Law, as to their own Subjects.
- XVIII. How Postlimi∣ny is observed among such as are not Ene∣mies, but Stran∣gers.
- XIX. How the same may now take place.
-
I.
-
CHAP. X. Admonitions concerning things done in an unjust War.
- I. Modesty for∣bids what the Law permits.
- II. This applied to what the Laws permit.
- III. What is done in an unjust War, an un∣just, as to in∣ternal Justice.
- IV. Who and how far forth they are obiged to restitution.
- V. Whether things taken in an unjust War are to be resto∣red by him that took them.
- VI. Or whether by him that de∣tains it.
-
CHAP. XI. Moderation to be used in killing of men in a Just War.
- I. In a just War some acts are not internally just.
- II. According to internal justice who may be killed.
- III. No man may justly be killed for being un∣fortunate.
- IV. Nor for an in∣termediate fault between fraud and mis∣fortune.
- V. The Authours of the War to be distinguish∣ed from them that follow them.
- VI. And in them the Causes, whether pro∣bable or impro∣bable.
- VII. Even Enemies deserving death, may be sometimes par∣doned.
- VIII. The innocent not to suffer for the nocent.
- IX. Children and Women to be spared.
- X. Priests and Students to be spared.
-
XI
Husband∣ - XII. And Merchants and the like.
- XIII. And Captives.
- XIV. They are to be spared that surrender on equal Condi∣tions.
- XV. They also that surrender without condi∣tion.
- XVI. Unless some very great crime do hin∣der.
- XVII. A multitude offending may be justly par∣doned.
- XVIII. Hostages to be spared, unless in themselves criminous.
- XIX. All needless and unprofi∣table comba∣tings are to be avoided.
-
CHAP. XII. Moderation in the spoiling of an Enemies Country.
- I. What spoil is just and how far forth.
- II. No wasting of things profita∣ble to us, and without the reach of the Enemy.
- III. If there be great hopes of Victory.
- IV. If the Enemy may be else∣where suppli∣ed.
- V. Nor if the things be of no use in War.
- VI. Especially things sacred or thereunto be∣longing.
- VII. Yea and things that are Reli∣gious.
- VIII. The advan∣tages that ac∣crue by this moderation.
- CHAP. XIII. Moderation concerning things taken in War.
-
CHAP. XIV. Moderation concerning Captives.
- I. How far forth men may be enslaved by in∣ternal Justice.
- II. What may be justly done un∣to Captives in equity.
- III. That it is not lawful to kill an innocent.
- IV. Nor unmerci∣fully to punish him.
- V. Nor to impose too hard la∣bour upon him.
- VI. The Stock of the Servants, how far the Lords, and how far his own.
- VII. Whether Ca∣ptives may fly.
- VIII. Whether they that are born of Slaves are o∣bliged to the Lord, and how far.
- IX. What may be done where Bond-slavery is not in use.
-
CHAP. XV. Moderation in the acquiring of Empire.
- I. How far Em∣pire may be gained by in∣ternal justice.
- II. To abstain from it, com∣mendable.
- III. Which may be done either by intermixing the Conque∣rors with the Conquered;
- IV. Or by leaving the Govern∣ment to the vanquished.
- V. Sometimes by keeping of Ga∣risons.
- IV. Sometimes by imposing Tri∣bute.
- VII. What profit a∣riseth from this Moderation.
- VIII. Examples of the change of Government among the Conquered.
- IX. If the Empire be assumed, to leave some part thereof to the Conquered;
- X. Or at least some liberty;
- XI. Especially in Religion:
- XII. At least to use the Conquered gently, and why.
- CHAP. XVI. Moderation concerning such things as by the Law of Nations want the benefit of Postliminy.
- CHAP. XVII. Of Neuters in War.
-
CHAP. XVIII. Concerning things privately done in a publick War
- I. Whether to hurt a publick Enemy pri∣vately, be law∣ful.
- II. What Refor∣madoes and Privateers may do by internal Right against an Enemy.
- III. What in re∣spect of their own City.
- IV. What Christi∣an charity re∣quires.
- V. How a private War may be mixt with a publick.
- VI. How far he stands obliged, who without command hurts an Enemy.
-
CHAP. XIX. Concerning Faith to be kept between Enemies.
-
I. That faith is to be kept w
th Enemies of all sorts. - II. Faith to be kept with Thieves and Tyrants.
- III. This Objecti∣on. That such deserve punish∣ment, answer∣ed.
- IV. Fear not to be objected, if the Promiser were not himself af∣frighted.
- V. What if the promise were bound by Oath.
- VI. This applied to Subjects that make War.
- VII. Of Promises made by So∣vereign Prin∣ces unto their Subjects.
- VIII. That such pro∣mises may be confirmed by the Oath of the City.
- IX. Or if the pro∣mise be made to a third per∣son, for the Subjects—
- X. How the pub∣lick State may be changed.
- XI. That fear in a Solemn War, by the Law of Nations, is no Just Excepti∣on.
- XII. This to be understood of such a fear as is allowed by the Law of Na∣tions.
- XIII. That faith is to be kept with the perfidious:
- XIV. But not if the Condition be not perform∣ed, or if either Party stand not to the Agree∣ment:
- XV. Nor when there is other∣wise a just compensation made:
- XVI. Although due by another Contract:
- XVII. Or some da∣mage done.
- XVIII. Or for some punishment justly due.
- XIX. How these take place in War.
-
I. That faith is to be kept w
-
CHAP. XX. Concerning the publick Faith, Treaties, Lots, set Combats, Arbitrements, Surrenders, Hostages, Pledges.
- I. The Division of Faith in or∣der to what follows.
- II. The power to make Peace is in the King if the Govern∣ment be Kingly.
- III. What if the King be an In∣fant.
- IV. In other States it lies in the major part.
- V. How an Em∣pire or any part thereof may be aliena∣ted for Peace.
- VI. How far the people and successors are obliged by a Peace made by the King.
- VII. What power a King hath over his Subjects goods to the making of Peace.
- VIII. But what if the things be al∣ready lost by War.
- IX. No difference between things got by the Ci∣vil Law, and things got by the Law of Na∣tions.
- X. What is done by a King, is taken by Fo∣reigners to be done for a pub∣lick good.
- XI. A general rule for the inter∣preting of Ar∣ticles of Peace.
- XII. In dubious ca∣ses it is to be believed that things should remain as they are.
- XIII. Of the resto∣ring all things as before the War.
- XIV. This reacheth not unto such as have volun∣tarily yielded themselves.
- XV. Damages by War, if in doubt, are be∣lieved to be remitted:
- XVI. But not those done by pri∣vate persons, before the War began.
- XVII. Punishments, if in doubt, though pub∣lickly due be∣fore the War, are presumed to be remitted.
- XVIII. Not so as to punishments due to private men.
-
XIX. That Right w
ch though pub∣lickly claimed before the War, but con∣troverted, is presumed to be remitted. - XX. Things taken after the Peace is made, are to be restored.
- XXI. Some cautions concerning the restoring of things taken in War.
- XXII. The profits re∣stored with the things.
- XXIII. The names of Countries.
- XXIV. Reference to some former Agreements.
- XXV. Of delay.
- XXVI. The interpre∣tation of words doubtful ought to favour the weaker.
- XXVII. Great diffe∣rence between giving cause of a new War, and breaking the Peace.
- XXVIII. The first way of breaking Peace.
- XXIX. What if we are invaded by the Associates of those that are at Peace with us.
- XXX. What if by their Subjects, and when it may be impu∣ted unto their Prince.
- XXXI. What if those Subjects fight under the command of another Prince.
- XXXII. What if our Subjects be in∣vaded.
- XXXIII. If our Associ∣ates be inva∣ded, the Peace is broken.
- XXXIV. The second way of break∣ing a Peace.
- XXXV. All the Articles of Peace are alike to be ob∣served.
- XXXVI. Or some pu∣nishment for them inflicted.
- XXXVII. What if hin∣dered by ne∣cessity.
- XXXVIII. Yet if the in∣nocent party will, the Peace is not broken.
- XXXIX. The third way of breaking Peace.
- XL. What falls un∣der the notion of Friendship.
- XLI. To receive Ex∣iles whether contrary to friendship.
- XLII. War some∣times ended by lot.
- XLIII. Whether it may be deter∣mined by the event of a set number of Combatants.
- XLIV. Whether the fact of a King do oblige the people.
- XLV. Who is to be adjudged the Conqueror.
- XLVI. War some∣times determi∣ned by Arbi∣tration.
- XLVII. Arbiters in Ca∣ses dubious, ti∣ed up to Law.
- XLVIII. Arbiters, not to judg of pos∣sessions.
- XLIX. What the power is of a pure Dedition.
- L. The Duty of a Conqueror to∣wards the Con∣quered.
- LI. Of a Conditio∣nal Surrender.
- LII. Who may and ought to be gi∣ven as Hosta∣ges.
- LIII. What Right is given over Ho∣stages.
- LIV. Whether they may make their escape.
- LV. Whether an Hostage may for any other cause be de∣tained.
- LVI. The Principal being dead, the Hostage is to be set free.
- LVII. The King dy∣ing, whether the Hostage may be detain∣ed.
- LVIII An Hostage may sometimes be principally obliged.
- LIX. Pledges, how engaged.
- LX. The Right of Redemption, how lost.
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CHAP. XXI. Of Faith during War, of Truces, Safe-Conduct, and the Redemption of Prisoners.
- I. Whether a Truce be a time of Peace or War.
-
II. The word
In∣duciae whence derived. - III. The Truce ended, War need not be re∣denounced.
- IV. How the time of a Truce is to be compo∣sed.
- V. When they begin to bind.
- VI. What may lawfully be done during a Truce.
- VII. Whether to re∣treat back, to repair breach∣es, or the like.
- VIII. To surprize places of strength, un∣lawful.
- IX. Whether he that being for∣cibly detained during the Truce, hath a Right after∣wards to re∣turn.
- X. Of some speci∣al reasons, for which a Truce is granted, and some Doubts thereupon.
- XI. A Truce bro∣ken on one side, may dis∣charge the o∣ther.
- XII. What if a pu∣nishment be added.
- XIII. When private acts break the Peace.
- XIV. Free Passage without a Truce, how to be understood.
- XV. Who may be admitted un∣der the name of Souldiers.
- XVI. Leave given to come, implies leave given to return.
- XVII. How far it ex∣tends to per∣sons:
- XVIII. How far to Goods:
- XIX. To Atten∣dants.
- XX. A Pass dyes not with him that gave it:
- XXI. During plea∣sure, how to be understood,
- XXII. A Pass implies protection.
- XXIII. The redem∣ption of Priso∣ners.
- XXIV. Whether the redemption of Prisoners may by any Law be forbidden.
- XXV. That a man may transfer his Right in a Captive.
- XXVI. The ransome may be due to more than to one.
- XXVII. Whether an agreement for a ransome be null'd, his e∣state or quali∣ty being not then known.
- XXVIII. What Goods of Captives are his that takes them.
- XXIX. Whether the ransome a∣greed on be chargeable up∣on the Heirs.
- XXX. Whether he that is freed to free ano∣ther, ought to return, the o∣ther being dead.
-
CHAP. XXII. Concerning Faith given by inferiour Commanders in War.
- I. The several kinds of Com∣manders.
- II. How far agree∣ments by them made, bind their Sove∣raigns:
- III. Or give occa∣sion to such an obligation.
- IV. What if any thing be done contrary to Command.
- V. In which Case the other Party stands obliged.
- VI. What power they have over their Inferiors.
- VII. It is not in the power of Ge∣nerals to make a Peace;
- VIII. But it is to grant Truces:
- IX. But not to dis∣pose of Men, Empires or Lands.
- X. Such Agree∣ments are to be taken in a strict sense.
- XI. How a Surren∣der accepted by a General is to be under∣stood.
- XII. How that cau∣tion, If the King or the people please, is to be under∣stood.
- XIII.
-
CHAP. XXIII. Of Faith given in War by private Men.
- I. Faith to be kept even with Enemies by private men:
- II. Even with Py∣rats & Thieves, and how far forth.
- III. Minors not herein exem∣pted.
- IV. Whether an errour do ex∣cuse us.
- V. The Objection drawn from publick profit, answered.
- VI. This applied to a Captive promising to return into Ca∣ptivity:
- VII. Or to such a place, or not to take Armes.
- VIII. Not to flye.
- IX. A Captive ta∣ken by one, cannot yield himself to ano∣ther.
- X. Whether pri∣vate men may be compelled by their Prince to perform what they have promised,
- XI. What inter∣pretation we should give to such a Con∣tract.
- XII. How these words [Life, Garments, the coming of Aids] are to be understood.
- XIII. Who may be said to return to the Enemy.
- XIV. Succors, when said to come.
- XV. That which re∣lates to the manner of the execution is no Condition.
- XVI. Of Hostages to perform such Covenants.
-
CHAP. XXIV. Of Faith tacitely given.
- I. Faith given by silence.
- II. As in him that desires to be admitted unto protection;
- III. And in him that craves a Parly.
- IV. During a Par∣ly each may promote his own interest, not hurting the other.
- V. Of dumb Signs which by cu∣stom are signi∣ficant.
- VI. Of a tacite ap∣probation of something de∣manded.
- VII. Punishments when tacitely remitted
- VIII. Whether the actors being pardoned, the instigators be also acquitted.
-
CHAP. I. Of certain General Rules, shewing what by the Law of Nature may be lawfull in War, wherein also he treats both of Fraud and Lies.
- A TABLE put Alphabetically, guiding to the PRINCIPAL MATTERS and WORDS contained in the TREATISE.