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)

Link to this Item

https://name.umdl.umich.edu/A42237.0001.001 content_copy

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 18, 2024. content_copy

Contents

• frontispiece
• title page
• THE PREFACE.
• table of contents
  • THE CHAPTERS Of the First BOOK.
  • The Chapters of the Second BOOK.
  • The Chapters of the Third BOOK.
  • Places of SCRIPTURE in this TREATISE either Explained, Examined, or Amended.
• 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.
    • I. The princi∣pal efficient Cause.
    • II. Auxiliary.
    • III. Or Instru∣mental, as Servants, &c.
    • IV. Naturally no man excused from War.
• 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 and Britain.
    • 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 Hbrew Law.
    • 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.
    • I. From the Law of Nations ariseth the right of Bu∣rial.
    • II. Whence this custome ariseth.
    • III. It is due to publick Ene∣mies.
    • IV. Whether to such as are notoriously wicked:
    • V. Whether to those that kil∣led them∣selves.
    • VI. Some other things due by the Law of Nations.
  • 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 wch comes by con∣sequence.
    • XI What befals us by the occasion of a crime di∣stinguisht from that wch 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 wch 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.
• 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 wch 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.
    • I. That the Ene∣mies Goods may be wasted and taken a∣way.
    • II. Though Con∣secrated.
    • III. Yea, and things that are Religious.
    • IV. And that not only by force but by fraud.
  • 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.
    • I. That the Civil Empire, as well in a King as people, may be gained by War.
    • II. Such an Em∣pire may be gained over the people as is merely de∣spotical.
    • III. A mixt Go∣vernment is sometimes got by War.
    • IV. That even the incorporeal things of the people, may be by a War gain∣ed.
  • 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.
    • XI. 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.
  • 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.
    • I. Subjects Goods taken in War, detained in the manner of a just Debt.
    • II. But not for the punishment of anothers crime.
    • III. By Debt is un∣derstood the subsequent charges also.
    • IV. For humanities sake we ought not to exact our utmost due.
  • 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.
    • I. Things taken in an unjust War ought to be restored.
    • II. Examples.
    • III. Whether any thing may be deducted.
    • IV. The people or any part of them, to be restored, if un∣justly possest.
    • V. In what time the obligation to restitution ceaseth.
    • VI. What if the Right of War be dubious.
  • CHAP. XVII. Of Neuters in War.
    • I. From Neuters nothing must be taken but upon pure ne∣cessity.
    • II. Examples of abstinence, and some Precepts.
    • III. The duty of those that are at Peace.
  • 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 wth 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.
  • 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 wch 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.
  • 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.
• A TABLE put Alphabetically, guiding to the PRINCIPAL MATTERS and WORDS contained in the TREATISE.
  • A.
  • B.
  • C.
  • D.
  • E
  • F.
  • G.
  • H.
  • I.
  • K.
  • L.
  • M.
  • N.
  • O.
  • P.
  • Q.
  • R.
  • S.
  • T.
  • V.
  • W.
  • X.
  • Y.
  • Z.