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Author: Grotius, Hugo, 1583-1645.
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 ...
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Print source: 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 ...
Grotius, Hugo, 1583-1645., Evats, William.
London: Printed by M.W. for Thomas Basset ... and Ralph Smith ..., 1682.
Alternate titles: De jure belli et pacis. English
Subject terms:
International law.
War (International law)
URL: https://name.umdl.umich.edu/A42237.0001.001
How to cite: For suggestions on citing this text, please see Citing the TCP on the Text Creation Partnership website.

Table of Contents
View entire text
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 H•brew 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.