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)
Link to this Item
http://name.umdl.umich.edu/A42237.0001.001
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 June 2, 2024.

Pages

III. Whatsoever is done unto such is unpunish∣able.

The effects and consequences of this Right are infinite so that there is nothing so un∣lawful but the Lord may do it to his slave, as Seneca the Father notes* 1.1, there are no Torments but what may with impunity be imposed on them, nothing to be done but what they may be forced to do by all manner of rigour and severity; so that all kinds of cruelty may by the Law of Nations, without controul or appeal be exercised upon Captives, were it not that this licence is somewhat restrained by the Civil Law. It is universally indulged by all Nations, to the Lord to have power of life and death over his slave, saith Cajus the Lawyer; but he tells us withal, That the Roman Laws did limit other∣wise unbridled power within their own Territories. Quid non iustum Domino in servum? What may not the Lord do unto his slaves, saith Donatus upon Terence? yea,* 1.2 not only the person, but all that is taken with him are lawful prize, Ipse servus qui in potestate alte∣rius est, nihil suum potest habere; He that is a slave, saith Justinian,* 1.3 and under the pow∣er of another, can have right to nothing that was his before. So likewise Philo, He that is a

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Captive loseth his right to all other things, no less than the power over himself.

Notes

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