oath 223 Servitude 414 Sepulchers 557 Ships of enemies 564 Single combate 194 Simplicity 199. 200 Simulation 486 Solemn war 76 Soldier resisting 137 Society 151 Solomons proverbs 252 Soldiers of fortune 461 Spoil 553. 559 Spies 448 Speech 492 Strangers 537 States 90 Stronger 447 Sute 39 Subjection 47. 86. 143. 156 Subjects profit 96 Subjects War 135 Succession 101 Superiors 136. 240 Suppliants 388. 596 Supremacy 137 Suffrance 382 Surety 398 Succour 458 Supplie 480 Sword 26. 72 Swearing 234 T TEmperament 581. 604 Tertullian 51. 157 Temporary right 102 Terrour 599 Theseus 294 Thebaean Legion 65. 158 Thief 68. 189 Tithe 558 Tribute 35. 132 Trajans saying 149 Traitors 166. 304. 508 Truth 490 Tutor 40. 96 Turks 256 Tyranny 95 Tyrant 237 V VAlour 59. 505 Valentian's answer 94 Vengeance 47 Unequal league 123 Voluntary Law 6. 7 Usufructuary 102 Usurper 169 W WAr 1 War private 66 War publick 76 War for punishment 350 War for religion 270 War without cause 409 War doubtful 426 War declined 440. 448 War for others 451. 457 War solemn 76. 518 Waste 553. 604 War unjust 575 Words of Art 261 Women 316. 538. 551. 589 X XEnophon's Cyrus 41 Y. YEa yea 242 Z ZEal 327 THE END Books printed for William Lee and are to be sold at his shop at the Turks-Head in Fleetstreet together with the Prices of some of them ANnotations upon all the New Testament by Edward Leigh Esquire Master of Arts of Magdalen-Hall in Oxford 1650. A Systeme or Body of Divinity in ten Books wherein the Fundamental and main grounds of Religion are opened by Edward Leigh Esquire Master of Arts in Magdalen-Hall in Oxford in Folio 1654. about 240. Sheets The Saints Encouragement in Evil times in 12. 1651. written by the said Author Edward Leigh An Exposition of the Prophecy of Haggee in fifteen Sermons by that famous Divine John Reynolds D. D. in 4. 1649. An exposition of the Psalms of degrees The Young mans Tutor both writ by T. Stint in 8. Heresiography or a Description of all the Heresies Sectaries of these later times of Ranters and Quakers by Eph. Pagit 4. with new Additions 1654. Contemplations Sighs and groans of a Christian published by W. Stiles Esquire of the Inner Temple 12. The Saints Comfort in evill times 12. Gods revenge against Murther in thirty Tragical Histories by J. Reynolds in Fol. Sylva Sylvarum or a Natural History in ten Centuries Whereunto is newly added The History of Life and death or the Prolongation of Life both written by the Right Honorable Francis Lord Verulam in Fol. 1651. The Magnetique cure of Wounds Nativity of Tartar in Wine Image of God in Man Aâ—…o another Treatise of the Errors of Physicians Concerning Defluxions both published in English by Dr. Charleton Physician to the late King 4. 1650. The darkness of Atheism dispelled by the light of Nature written by the said Author in 4. 1653. A Discourse concerning the King of Spains Surprizing of the Valtoline Translated by the Renowned Sir Thomas Roe many times Embassador in Forein parts 4. The Roman Foot and Denaries from whence as from two principles the measure and weights may be deduced by John Greaves of Oxford 8. 1647. A Treatise of the Court Written in French by that great Counsellour De Refuges many times Embassador for the two last French Kings Englished by John Reynolds 8. Amâ—…nta A Pastoral Translated out of Tarquata Tasso 4. The Hebrew Commonwealth Translated out of Petrus Cuneus in 12. 1653. both Translated by Clem. Barksdal Hugo Grotius his two Treatises Of God and his Providence and of Christ and his Miracles together with the said Authors judgment of sundry points controverted in 12. 1653. Certamen Religiosum or a Conference between the late King of England and the late Lord Marquess of Worcester concerning Religion 4. 1652. The Battel of Agâ—…ncourt fought by Henry the fift the miseries of Queen Margaret with other Poems by Mic. Drayton Esquire 8. The Odes of Horace Selected and translated by Sir Thomas Hawkins in 12. The Spanish Gallant instructing men in their Carriage to be beloved of the People Youths Behaviour or Decency in conversation amongst men with new Additions of a Discourse of Powdering of Hair of black Patches and naked Brests 8. 1651. The Tillage of Light A Treatise of The Philosophers stone 8. The Right of Peace and War in three Books written in Latin by the Illustrious Hugo Grotius together with the life of the said Author in English 8. large 1654. A Sermon of the Nature of Faith by Barten Holy-day Doctor of Divinity 1654. The Innocent Lady or the Illustrious Innocent written Originally in French by the learned Father de Ceriziers of the Company of Jesus rendred into English by Sir William Lower Knight 1654. A Disputation at Winchcomb in Glocester-shire wherein is much satisfaction given in many fundamental points of Religion in the presence of many Eminent Persons 1654. A brief discourse of changing Ministers Tithes into Stipends or into another thing 1654. Books printed for W. Lee and some others and are to be sold at the Turks Head in Fleetstreet together with the prices of the said Books THe Christians Warfare againg the Devil World Flesh by John Downam Fol. 16 s. Second Epistle of Saint Peter by Tho. Adams Fol. 1633. 20 s. A sixfold Commentary upon Genesis wherein six severall Translations are compared by Andrew Willet in Fol. 16 s. The Theater of Plants or a large Herbal by John Perkinson Apothecary 2lb Orlando Furioso Englished by Sir John Harrington with the Translators additions of his Epigrams in Fol. 8 s. Mare Clausum by John Selden Esquire of the best Impression in Fol. 6 s. Books printed for William Lee M. Walbanck D. Pakeman and G. Bedell REports or new Cases of Law by John March of Grayes-Inne Barrester 4. 1648. 2 s. 8 d. The Attorneys Academy being the manner of Proceeding in all the Courts of Records at Westminster and other Courts of Law or Equity 4. 1647. 3 s. The learned Argument upon the three learned Readings 1. By the Lord Dyer 2. By Sir J. Brograve 3. By Th. Risden Esquire Writ of Habeas Corpus in Court of Upper Bench with the opinion of the Court thereupon The Touchstone of Common assurances by W. Shepheard Esq of the midde-Temple 4. 1651. 5 s. 6d The book of Oaths and the several Forms thereof both Antient and Modern in 8. 1649. Fleta an antient Manuscript of the Laws of England published in print by John Selden Esq and is to be sold by W. Lee M. Walbanck and D. Pakeman 4. 1647. 8 s. 6 d. Books printed for W. Lee D. Pakeman and G. Bedell and are to be sold at their Shops in Fleet-street BIblia Sacra sive Testamentum vetus ab Jun. Tremelio Fâ—…a Junio ex Hebraeo Latinè redditum Testamentum Novum à Theod. Beza è Graeco in Latinum versum Argumentis Capitum addit is versibusque singulis distinctis seorsum expressis cum
States and Kings have it full what in part what with right of alienation what otherwise Last of all we had to speak of the duty of Subjects towards their Superiours The second Book expounds what are the Causes whence War may rise And there we speak of Community and Propriety Leagues Oaths Embassages Punishments c. The third Book having expounded what is lawfull in the time of War and distinguished what is done without fault from what is done without punishment ends with Arguments and Peace Now this Argument seemed the more worthy of our pains because as I have said no man hath handled the whole and they that have handled the parts have so handled them that they have left much for anothers Industry The old Philosophers have nothing extant in this kind neither the Greeks among whom Aristotle made a Book entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor They that gave their name to new Christianism which was much to be wished And the Books of the old Romans De jure Feciali have transmitted to us nothing of themselves but the Title I have seen also special Books De Jure Belli partly by Divines viz. Franciscus Victoria Henricus Gorichemus Wilhelmus Matthaei partly by Doctors of Law viz. Jannes Lupus Franciscus Arius Joannes de Lignano Martinus Laudensis But all these have said but very little of a most copious Argument and most of them so that without order they confounded things of Natural Law and of Divine and of the Law of Nations and of the Civil and of the Canon Law and mingled them all together What was most wanting to all these the light of Histories the most learned Faber in some Chapters of his Semestria but as it stood with the purpose of his work and alleging onely testimonies Balthazar Ayala more largely and bringing a heap of examples to some definitions have attempted to supply Albericus Gentilis yet more largely by whose diligence as I know others may and profess my self to have been helped so what may be wished in him in the kind of teaching in order in distinguishing the questions and several sorts of Law I leave to the Readers judgement This onely I will say He is wont in determining Controversies to follow either a few examples not alwaies to be approv'd or also the authority of the new Lawyers in his Answers Many whereof are framed in favour of those that consult them not to the Nature of Right and Good The Causes whence War may be called just or unjust Ayala hath not touched Gentilis hath as it pleased him delineated some general heads and hath not so much as touched many places of both noble and frequent Controversies We have endeavour'd to speak of all shewing also the fountains whence it may be easy to define what we have here omitted It remains now that I declare briefly with what aids and with what care I set upon this business First my Care hath been to refer the proofs of things pertaining to the Law of Nature unto Notions so certain that no man without offering violence to himself may be able to deny them For the principles of that Law if you mark them well are open and evident of themselves even after the manner of things perceived by our outward senses which if the organs be well formed and other necessaries be present do not deceive Therefore Euripides in his Phaenissae makes Polynice whose cause he will have to be manifestly just speak thus T is plain and grounded on good right To th' rude and learned clear as light And presently he adds the judgement of the Chorus which consisteth of Women and those Barbarians in approbation of her speech I have also used to the proof of this Law the testimonies of Philosophers Historians Poets and lastly Oratours not that we must give credit to them without difference for they are wont to serve their Sect Argument Cause but that where many in divers times and places affirm the same thing for certain it ought to be referr'd to an universal Cause which in our questions can be no other than either right Illation proceeding from the principles of Nature or some Common Consent That shews the Law of Nature This the Law of Nations The Difference of which Laws is to be conceived not from the testimonies themselves for Writers do commonly use the words Law of Nature and of Nations promiscuously but from the quality of the Matter For that which cannot by sure consequence be deduced out of sure principles and yet appears every where observed must needs have its rise from free will and consent These two therefore I have still been very carefull to discern one from the other and both from the Civil Law Yea in the Law of Nations also I have distinguisht what is truly and in every respect Right and what onely brings forth a certain external effect like unto that Primitive Right viz. that it may not be resisted or also that every where for some Commodities sake or the avoyding of great incommodities it must be defended Which observation how necessary 't is to many things will appear in the contexture of the Work it self Among Philosophers Aristotle deservedly obtains the principal place whether you consider the order of his discoursing or the acuteness of his distinguishing or the weight of his Reasons Only I wish that Principality had not for some Ages gone into Tyrannie so that Truth to which Aristotle was 〈◊〉 faithfull servant is opprest by nothing more than by the name of Aristotle For my part both here and elswhere I imitate the liberty of the Antient Christians who were sworn to no Philosophers sect not that they did assent to them who said Nothing could be known than which nothing is more foolish but that they judged no sect had seen all Truth and not any but had some Wherefore to gather up Truth dispersed among them all and diffused into Sects into a Body This they thought was indeed to deliver Christian Institutions Our purpose is to magnifie Aristotle but with that liberty which He in love of Truth indulged to himself towards his own Masters Histories have a two-fold use as to our Argument For they supply us with Examples and with Sentences The Examples have so much the more authority as the times and Nations are more virtuous therefore we have preferred the old Greek and Roman above the rest Nor are the Sentences or Judgements of Historians to be contemned especially when they are agreeing for the Law of Nature as we have said is in some sort proved thence and the Law of Nations cannot be proved otherwise Sentences of the Poets and Orators have not so much solidity and we use them oft not so much for proof as ornament I do often use the Authority of the Books either written or approved by Men inspir'd of God making a difference 'twixt the old Law and the new Some do urge the Old Law for the very Law of
avoyd a doubtfull war 426 CXXIX Whether war may be just on both sides 432 CXXX Admonitions For the eschewing of war Right is often to be remitted 434 CXXXI Punitive right especially is to be remitted 4â—…6 CXXXII Again of the remission of punishment 438 CXXXIII War is to be declined in favour of our selves and our own party 440 CXXXIV Rules of prudence about the election of good 442 CXXXV An example of a debate about Liberty and Peace 444 CXXXVI He that is not much the stronger ought to remit punishment 447 CXXXVII War not to be undertaken but upon necessity or upon greatest cause with greatest opportunity 448 CXXXVIII The evils of War 449 CXXXIX Of War for others And first for Subjects And whether an Innocent person may be yielded up 451 CXL War may also be undertaken justly for Confederates for Friends yea for all men 455 CXLI Whether man is bound to defend man and one people another 457 CXLII Whether War be just to relieve the Subjects of Another 458 CXLIII Concerning Souldiers of Fortune 461 CXLIV Of just Causes that War may be waged by those that are under others command Who they are and what they should do where they are left free 462 CXLV What they should do when they are commanded to war and believe the cause of the war to be unjust 463 CXLVI What they should do when they are in doubt 466 CXLVII Such are to be dispensed with upon payment of extraordinary tribute 471 CXLVIII When the Arms of Subjects are just in an unjust War 472 III. PART I. HOw much is lawfull in War General Rules First things are lawfull in war which are necessary to the end 475 II. The second Rule Right is consider'd not onely in respect of the first but after-causes 477 III. The third Rule Something 's follow without injury which could not be lawfully intended 478 IV. What is lawfull against them that send things to the Enemy 480 V. Whether it be lawful to use Guile in war 483 VI. Guile in the negative act is not unlawfull 485 VII Guile in the positive act when lawfull 486 VIII Whether Guile by acts signifying by agreement be lawfull The difficulty of the question 490 IX Not all use of speech which may be known will be taken in another sense is unlawfull 492 X. The form of a Lye as it is unlawfull consists in its repugnance to the right of Another 494 XI Five illations thence about the lawfulness of speaking false 497 XII False-speaking whether lawfull toward Enemies 500 XIII This is not to be extended to promising words nor to Oaths 504 XIV It is more grievous and agreeable to Christian simplicity to abstain from false speech also against an Enemy 505 XV. It is not lawfull to make a Traitor it is to use him 508 XVI Goods of Subjects bound for the Rulers debt Naturally none is bound for anothers debt but the Heir 509 XVII By the Law of Nations Subjects are tyed for the debts of the Ruler 511 XVII An example hereof in the apprehension of men and of goods 513 XVIII Of Reprizals after right denied Life is not engaged 514 XIX A distinction in this matter 'twixt the Law Civil and the Law of Nations 516 XX. Of just and solemn war by the Law of Nations Between whom this war is and That it must be denounced 518 XXI In denouncing war what is of the Law of Nature what proper to the Law of Nations 522 XXII War proclaimed against any one includes his Subjects and Adherents But not as considered by themselves 526 XXIII The cause why Denuntiation is requisite to some effects which are not found in other wars 527 XXIV War may be indicted and waged together War indicted for violation of Embassadors 529 XXV The right of killing Enemies in a solemn VVar. The effects of that War in general 530 XXVI Lawfull is distinguisht into that which is done without punishment and that which is done without fault 531 XXVII The effects of solemn war generally considered are referr'd to the latter sense of lawfull in respect of impunity And why such effects were introduced Testimonies 534 XXVIII Of Strangers found in an Enemies Country 537 XXIX The Enemies Subjects may every where be offended This right extends to Infants and VVomen to Captives and such as yield themselves without Conditions 538 XXX That right ill referr'd to other causes It reacheth also to Hostages 542 XXXI By the Law of Nations it is forbidden to kill with poyson Of poysoning weapons and waters 544 XXXII Whether it be against the Law of Nations to use Murtherers 547 XXXIII Of ravishing of VVomen in war 551 XXXIV Of VVast The Enemies Things may be spoyled 553 XXXV Of spoyling things sacred and religious 554 XXXVI About acquisition of things taken in war What is the Law of Nature what of Nations 558 XXXVII When moveable Goods are by the Law of Nations judged taken when Lands 562 XXXVIII Things that are not the Enemies are 〈◊〉 acquir'd by War Of Goods found in the Enemiâ—… Ships 564 XXXIX By the Law of Nations the things are madâ—… ours which our Enemies took from others by war 565 XL. Of the right over Captives Their condition anâ—… the reason of it 567 XLI This right over Captives prevailed not among 〈◊〉 Nations nor doth it prevail among Christians 570 XLII Of Empire over the Conquered 571 XLIII Admonitions about things done in an unjuâ—… War 575 XLIV A Temperament about the right of killing iâ—… a just VVar. General Rules 581 XLV Children Women Old Men Priests Scholars Husbandmen are to be spared 589 XLVI Captives and they that yield are not to bâ—… killed 594 XLVII Objections answered 59â—… XLVIII The Multitude spared Hostages spared Needless Fights to be avoyded 601 XLIX A Temperament about VVast and the like What Wast is just when not to be made 604 L. Things sacred and religious are not to be spoyled 611 LI. The Utilities of Moderation 615 LII A Temperament about things taken 618 LIII A Temperament about Captives 621 LIV. A Temperament about acquisition of Empire 631 LV. Restitution of things unjustly taken away Questions answer'd 641 LVI Of Neuters in VVar. How they are to be used and how to behave themselves 645 LVII Of things done privately in publick VVar. 650 LVIII Admonitions touching Faith and Peace Conclusion 657 HVGO GROTIVS OF WARRE AND PEACE I. PART I. What is War WAR is the State of those that contend by Force as they are such Which generall Description comprehends all sorts of War that we shall speak of For I exclude not here the Private which indeed hath priority and without question hath the same nature with the Publique and therfore may properly be denoted by the same word But if the name of War beat any time given only to the Publique it is as many other generall words are often applied particularly to that Species that is most excellent II. What is Law LAW taken in the largest sense is a
Lactantius saith The Romans did Legitimate their injuries by their power And Lucan's Jusque datum sceleri is of the same sense Law was given to wickedness XXVIII Of Strangers found in an Enemies Country THis Law of Licence is of large extent for first it comprehends not only them that actually bear arms or are subjects to him that maketh war but also all that are within the enemies Country which is manifest by the very form in Livy Let him be our Enemy and they that are within his guards For danger may be feard from them too which in a continued and universal war sufficeth to make way for that right of which we speak otherwise than in pignorations which as we have said after the example of burthens imposed were introduced for the discharge of publick debts wherefore it is no wonder if as Baldus notes much more licence be in war than in the right of pignoration And this which I have said hath no doubt indeed as to strangers who after the beginning and notice of the War come into the enemies quarters But they that went thither before seem by the Law of Nations to be accounted for enemies after some small time wherein they might have departed For so the Corcyraeans about to besiege Epidamnum first allowed strangers liberty to go away denouncing otherwise they should be taken for enemies XXIX The enemies subjects may every where be offended This right extends to Infants and Women to Captives and such as yield themselves without conditions BUt they that are truly subjects of the enemies to wit upon a permanent cause may be offended every where by this right of Nations if we respect their own persons For when War is proclamed against any one it is withall proclamed against all his men as we sheud above in the form of indiction and so in the decree Was it their will and pleasure war should be denounced against King Philip and the Macedonians which are under his Government Now he that is an enemy may every where according to the Law or Nations be assalted Enemies therefore may be slain on their own ground on the enemies ground on that that belongs to none on the Sea But that it is not lawful to kill or violate them in a peaceable territorie proceeds not from their own person but from his right who hath Empire there For civil societies might constitute that nothing should violently be done against men in such a Country unless according to process of Law And where the Law is open there are weighed the merits of persons and that promiscuous right of hurting ceaseth which we have said was introduc'd among enemies Livy relates that seaven Ships of the Carthaginians were in a Haven under the Syphax's dominion who had peace at that time both with the Carthaginians and Romans that Scipio arrived there with two ships and before he entred the Haven they might easily have been opprest by the Carthaginians but being born in with a strong winde before the Carthaginians could weigh anchor they durst not fight with them in the Kings Haven But to retutn how far that licence reacheth is hence understood that the slaughter of Infants too and women goes unpunished and is comprehended in this right of war I will not allege here that the Hebrews slew the women and children of Heshbon and that the same is commanded to be done upon the Canaanites and upon them whose cause was connexed with the Canaanites These are the works of God whose right over men is greater than that of men over beasts as we have said other where That comes neerer to shâ—…w the common custom of Nations that in the Psalm he is called blessed who shall dash the Infants of Babylon against the stones The Thracians of old as Thucydides relates having taken Micalessus put the women also and children to the sword Arrian tells the same of the Macâ—…donians when they had taken Thebes The Romans did the like at Iâ—…rgis a town of Spain as Appian saith Germanicus Caefar is said by Tacitus to have laid wast with sword and fire the Vi loges of the Marsi a people in Germany and it is added Neither 〈◊〉 〈◊〉 age mov'd compassion Titus proposed also the women and childrenâ—… of the Jews for a spectacle to be torn by wild-beasts And yet these two are supposed to have been of no cruel disposition So customary was that cruelty becom The less marvel 't is to hear of old men slain as of Priam by Pyrrhus Nor were Captives exempted from this licence Pyrrhus in Seneca according to the custom then receiv'd No Law spares a captive or hinders his punishment So the Corcyraeans slew the captives out of Epidamnum and five thousand captives were slain by Annibal A Centurion of Caesar's thus addresses himself to Scipio in Hirtius of the African war I give you thanks that you promise me life being your Captive by the Law of War Nor at any time is excluded the power of killing such as are taken in War as to the Law of nations though by the Lawes of Cities it is restrained in some places more in some less Moreover there are frequent examples of suppliants also slain as by Achilles in Homer in Virgil of Mago and Turnus which we see are so related that they are withall defended by that right of war which we have said For S. Augustin also praising the Gotths who had spared suppliants and such as fled to sanctuaries saith What had been lawful to be done by the Law of War they judged unlawful for them to do Nor are they always receiv'd thar yield themselves as in the battel at Granicum the Greeks that serv'd the Persian the Uspenses in Tacitus as yet free begging Mercy but the Victors would not hear saith he and so they fell by the Law of War Note here again the Law of War So also you may read they that yielded and were received without any condition were slain as the Princes of Pometia by the Romans the Samnites by Sulla the Numidians by Caesar and Vercingetorix yea this was almost the perpetuall custom of the Romans upon the Commanders of the enemies whether taken or yielded to kill them on the day of triumph as Cicero Livy Tacitus and many others teach us In the same Tacitus Galba commanded them to be decimated every tenth man slain to whom he had given quarter And Caecina having accepted Aventic yielding to him put to death Julius Alpinus one of the Princes as the raiser of the War the rest he reserved for the mercy or the cruelty of Vitellius XXX That right ill referd to other causes It reacheth also to hostages HIstorians are wont sometimes to refer the cause of killing enemies captives especially or suppliants either to talion or to pertinacy in resisting but these causes as we have elswhere distinguished are rather suasory