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.

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II. A distinction between a Na∣tion doing things unjust∣ly, and Pyrats, and Robbers.

Neither doth a Common-wealth cease to be a Common-wealth, because some Acts of Injustice are publickly and generally committed by them; nor are Robbers or Pyrats to be deemed a Civil Society, because haply they do observe some kind of equality between themselves, without which no Society can possibly long subsist: For these latter are not (as Procopius speaks) Turba hominum, Lege congregata, sed injustitiae causa, in unum coacta; A company of men associated under a Law, but forced to unite, to defend themselves against the Law: whereas the former, though guilty sometimes of some injustice, and so not without some faults, yet do they associate for the defence of their own Right, and do Right unto Foreigners, though haply not in all things according to the Law of Nature, which in many places is almost obliterated; yet certainly according to those Covenants and Agreements which they have made with every Nation, or according to the Customs by them used. This the Scholiast upon Thucydides observes, That whilst the Grecians preached Pyracy as a lawfull Calling, they at the same time abstained from Murther, from

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robbing by night, and from driving away the Oxen that ploughed the earth. And Strabo records it of divers other Nations, who though they lived by Piracy; yet as soon as they returned home, would send to the right Owners, that if they would they might redeem their Goods at indifferent prizes. And hitherto we may also refer that of Homer:

Ipsi etiam rapti avidi, qui aliena pererrant Littora, concessu Superûm si praeda reperta est, Navibus impletis abeunt, & vela retorquent: Quippe Deos metuunt, memores fandi atque nefandi.
Greedy of Gain to foreign Coasts they stray; If by their starry Guides they find a prey, With sails retort they go, their Ships full fraught, Fearing the Gods, minding what's good, what's nought.
The Ancient Normans accounted Piracy an honourable Trade to live by. And Plutarch notes of the Scipii, that they were extremely corrupt (yet a Commonwealth) although they robbed even such Merchants, as came in a friendly way to traffick with them; but in Morals the principal part gives form to the whole: And as Cicero well observed, Be∣cause it contains the most parts, and spreads farthest, therefore it gives denomination to the whole. To the same sense is that also of Galen, In temperaments the denomination is always taken from that which is the greatest portion. Wherefore Cicero is very crude in his expression in saying, That when the King is unjust, the Nobles unjust, and the generality of the People so, it is not so properly a corrupt Commonwealth, as none at all: which sentence of Cicero's, St. Augustine thus corrects, Neither can I therefore say truly, that that people are no people, or that Commonwealth no Commonwealth, so long as there remains any society of a rational multitude, unanimously congregated for the mutual defence of such things as they love. A Body though dis∣eased yet remains a Body; and a City is still a City so long as it hath Laws, and executes judgments, and hath other means necessary for both natives and strangers, to preserve or re∣cover their just Rights. That which Dion Chrysostome observes, comes much nearer to truth, who tells us, That the Law (especially that of Nations) is in a City, as the Soul in an humane Body; which being taken away, it remains no longer a City. So likewise Cicero in another place, There were neither Laws nor judgments, nor any sign to shew that there was a Commonwealth. Aristides in his perswasive Oration to the Rhodians for Peace, proves that many good Laws may very well consist even with Tiranny. And Aristotle informs us, That he that strains the power, either of the Nobles or of the People, to too high a key, marrs the Harmony of good Government; and first corrupts the Commonwealth, and then destroys it. Let us illustrate this by examples: That they who are taken by Robbers, are not made slaves, was (as we have said) the opinion of Ʋlpian. But if a Roman Citizen was taken by the Germans or Parthians, he lost his freedom; and yet among the Germans, the Roberies that were done without the bounds of the City were blameless, which are Caesars own words. Tacitus records it of the Garamantes, that they were, Gens Latroci∣niis foecunda, sed Gens tamen; A Nation wholly addicted to Roberies, but yet a Nation though. The Illirians spoiled all they met at Sea without regard; but yet to him that subdued them, was a triumph granted; which was denied to Pompey who had purged the Sea of Pi∣rates. So great is the difference between a Nation though corrupt, and a company of men combined only to do mischief.

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