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A42237 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 ...; De jure belli et pacis. English Grotius, Hugo, 1583-1645.; Evats, William. 1682 (1682) Wing G2126; ESTC R8527 890,585 490

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Ver. 5 6 The blood of your lives will I require p 14 Gen. Ch. 14 Ver. 16 Brought back all those things p 529 Gen. Ver. 20 Tithes of all ibid. Gen. Ver. 21 Give me the persons and take the goods ibid. Gen. Ch. 18 Ver. 23 Destroy the righteous with the wicked p 435 Gen. Ch. 20 Ver. 12 Abraham of Sara she is my Sister p 438 Gen. Ch. 25 Ver. 6 Children by Concubines what portion p 125 Gen. Ch. 31 Ver. 20 26 27 Steal away the Heart p 441 Gen. Ch. 34 Ver. 30 Ye have made to stink p 468 Gen. Ch. 38 Ver. 24 Bring her forth and let her be burnt p 15 Gen. Ver. 20 Sent her the Kid which he had promised p 154 Gen. Ch. 48 Ver. 22 Which I took with my Sword p 468 Gen. Ch. 49 Ver. 6 In their anger they slew a man ibid. Exodus Exod. Ch. 7 Ver. 5 Idols to be abolished and why p 466 Exod. Ch. 12 Ver. 23 City set up strange Gods p 389 Exod. Ch. 13 Ver. 16 A Prince or Prophet seduce others ibid. Exod. Ch. 17 Ver. 14 God approves Abrahams War with Ameleck p 13 Exod. Ch. 20 Ver. 2 The four first Commandments explained p 387 Exod. Ver. 17 Thou shalt not Covet p 383 Exod. Ch. 21 Ver. 14 Sanctuary for the unfortunate p 397 Exod. Ver. 26 Liberty due for an Eye or a Tooth p 521 Exod. Ch. 22 Ver. 1 9 Sheep or Oxen stolen restore five-fold or double p 381 Exod. Ver. 2 The Night Thief may be killed p 32 Exod. Ver. 28 Nor curse the ruler of thy people p 60 Exod. Ch. 23 Ver. 3 Regard the poor in Judgement p 4 Leviticus Levit. Ch. 18 The degrees of affinity p 109 Levit. Ch. 19 Ver. 18 Love thy Neighbour as thy self p 17 Levit. Ver. 15 Regard the poor in Judgement p 4 Levit. Ch. 21 Ver. 7 Priests not marry a divorced woman p 105 Levit. Ch. 24 Ver. 20 Eye for Eye Tooth for Tooth p 370 371 Numbers Numb Ch. 14 Ver. 30 Gods Oath to Joshua p 168 Numb Ch. 20 Ver. 21 Innocent passage denyed p 83 Numb Ch. 25 Ver. 4 Hanged on a Tree p 217 Deuteronomy Deut. Ch. 8 Ver. 21. The Right of Kings p 54 Deut. Ch. 15 Ver. 13 Thou shalt not let him go empty handed p 523 Deut. Ch. 17 Ver. 7 The hands of the witnesses shall be first p 431 Deut. Ch. 19 Ver. 19 Do unto him as he thought to have done unto his brother p 381 Deut. Ch. 20 Ver. 10 Comest to a City proclaim Peace p 13 Deut. Ver. 19 Thou shalt not destroy the Trees p 460 Deut. Ch. 22 Ver. 1 Thou shalt not see thy Brothers Ox go astray p 184 Deut. Ver. 26 The Ravisher shall dye but not the Damsel p 501 Deut. Ch. 23 Ver. 6 Thou shall not seek their Peace p 185 Joshua Joshua Ch. 8 Ver. 15 His feigned flight p 439 Joshua Ch. 9 Ver. 15 His Oath to the Gibeonites p 168 Judges Judges Ch. 3 Ver. 15 Ehud's Fact p 66 1 Samuel 1 Sam. Ch. 8 Ver. 2 The Right of Kings p 54 1 Sam. Ch. 10 Ver. 5 10 Priests to be spared p 506 1 Sam. Ch. 11 Ver. 10 To morrow we will come out to you p 443 1 Sam. Ch. 15 Ver. 30 The duty of the Peers to a wicked King p 59 1 Sam. Ch. 19 Ver. 16 Michal's Image p 438 1 Sam. Ch. 22 Ver. 2 David's Guards p 60 1 Sam. Ver. 17 Saul's Servants would not fall upon the Priests p 431 1 Sam. Ch. 25 Ver. 33 David spareth Nabal whom he sware to kill p 170 1 Sam. Ch. 26 Ver. 9 None innocent that stretch out their hand against p 60 1 Sam. Ch. 31 Ver. 4 Saul's Death and Repentance p 219 2 Samuel 2 Sam. Ch. 24 Ver. 17 The people punished for their King p 41 2 Kings 2 King Ch. 3 Ver. 19 Fell every good Tree p 513 2 King Ch. 6 Ver. 19 Elisha's Lye p 443 2 King Ver. 22 Captives to be spared p 507 2 King Ch. 8 Ver. 10 Thou mayst recover but shalt surely dye p 443 2 King Ch. 16 Ver. 12 Asa reproved for his League and why p 185 2 King Ch. 18 Rabshekah though an Embassadour not admitted and why p 207 2 King Ver. 7 14 His satisfaction for breaking his League p 77 1 Chronicles 1 Chron. Ch. 26 Ver. 32 Judges in the affairs of God and the King p 47 2 Chronicles 2 Chron. Ch. 16 Ver. 27 Ahaziah forsook God p 185 2 Chron. Ch. 19 Ver. 2 Jehoshaphat's League with Ahab p 185 2 Chron. Ver. 6 8 Judge not for man but God p 47 2 Chron. Ch. 25 Ver. 7 Let not the Army of Israel go with thee p 185 Job Job Ch. 31 Ver. 26 27 Worship the Sun and Moon p 389 Psalms Psal Ch. 2 Ver. 10 11 Be wise O Kings serve the Lord with fear p 17 Psal Ch. 15 Ver. 4 Having sworn to his own hurt p 173 Psal Ch. 19 Ver. 8 The Law is holy and just p 10 Psal Ch. 51 Ver. 4 Against thee only have I sinned p 47 Proverbs Prov. Ch. 1 Ver. 26 God punisheth in Revenge p 364 Prov. Ch. 16 Ver. 4 The wicked for himself ibid. Eclesiasticus Eccles Ch. 12 Ver. 7 Dust to Earth p 214 Isaiah Isaiah Ch. 1 Ver. 24 Ah I will ease me p 364 Isaiah Ch. 2 Ver. 4 Swords into Plough-shares p 20 Isaiah Ch. 58 Ver. 5 6 Restitution p 495 Jeremiah Jer. Ch. 25 Ver. 12 God judgeth Kings p 40 Jer. Ch. 38 Ver. 5 He is in your power p 48 Jer. Ver. 26 The truth concealed p 4●8 Ezechiel Ezech. Ch. 17 Ver. 12 13 14 Kings of Israel reproved for not keeping their faith with the King of Babylon Matthew Mat. Ch. 3 Ver. 2 Repent for the Kingdom p 18 Mat. Ch. 4 Ver. 17 The Kingdom of Heaven ibid. Mat. Ch. 5 Ver. 17 Destroy the Law but p 19 Mat. Ver. 21 Ye have heard it said to them p 16 Mat. Ver. 34 Swear not at all p 174 Mat. Ver. 38 Eye for Eye p 21 Mat. Ver. 39 Resist not evil p 21 32 33 Mat. Ver. 40 Sue thee ibid. Mat. Ver. 41 Go a mile ibid. Mat. Ver. 44 Do good to all p 370 Mat. Ver. 45 Causeth the Sun to shine p 186 Mat. Ch. 6 Ver. 14 15 Forgive all men p 371 Mat. Ver. 33 Seek ye first the Kingdom p 186 Mat. Ch. 7 Ver. 1 Judge not p 373 Mat. Ch. 10 Ver. 39 Loseth his life p 63 Mat. Ch. 11 Ver. 12 13 Kingdom suffers violence the Law continues till John p 18 Mat. Ch. 13 Ver. 29 Suffer the Tares p 434 Mat. Ch. 15 Ver. 5 Corban p 170 171 Mat. Ch. 22 Ver. 20 Tribute to Caesar p 66 214 215 Mat. Ch. 23 Ver. 21 Sweareth by the Temple p 170 Mat. Ch. 26 Ver. 52 Put up thy Sword p 32 Mat. They that take the Sword shall perish by the p 34 Mat. Ch. 24 Ver. 51 Hypocrites p 174 Mat. Ch. 26 Ver. 25 Twelve Thrones p 441
those who first entred into Civil Society from whom the right of Government is devolved upon the persons Governing Who had they been demanded ☜ Whether they would have imposed such a yoke upon all Mankind as death it self rather than in any case by force to repel the Insolencies of their Superiours I much question whether they would have granted it unless it had heen in such a case where such resistance could not be made without great commotions in the Common-wealth or the certain destruction of many Innocents for what Charity commends in such a case to be done may I doubt not pass for an humane Law But some may say that this rigid obligation to dye rather than at any time to resist injuries done by our Superiors is not imposed on us by any humane but by the Divine Law But we must observe That men did not at first unite themselves in Civil Society by any special Command from God but voluntarily out of a sence they had of their own impotency to repel force and violence whilst they lived solitarily and in Families apart whence the Civil Power takes its rise For which cause it is that St. Peter calls it an humane ordinance although it be elsewhere called a Divine Ordinance because this wholesom constitution of men was approved of by God himself But God in approving an humane Law may be thought to approve of it as an humane Law Barkley Lib. 3. contra Monarchomach c. 8. and after an humane manner Barkley who was the stoutest Champion in defending Kingly Power doth notwithstanding thus far allow That the People or the nobler part of them have a right to defend themselves against cruel Tyranny and yet he confesseth that the whole body of the people is subject unto the King Now this I shall easily admit That the more we desire to secure any thing by Law the more express and peremptory should that Law be and the fewer exceptions there should be from it for they that have a mind to violate that Law will presently seek shelter and think themselves priviledged by those exceptions though their cases be far different Yet dare I not condemn indifferently either every private man or every though lesser part of the people who as their last refuge in cases of extreme necessity have anciently made use of their Arms to defend themselves yet with respect had to the common good For David David's example who saving in some particular Facts was so celebrated for his integrity did yet entertain first four hundred and afterwards more armed men to what end unless for the safeguard of his own person against any violence that should be offered him But this also we must note That David did not this until he had been assured both by Jonathan and by many other infallible Arguments that Saul sought his life and that even then he neither invaded any City nor made an Offensive War against any but lurked only for his own security sometimes in Mountains sometimes in Caves and such like devious places and sometimes in Foreign Nations with this resolution to decline all occasions of annoying his own Countrymen A Fact parallel to this of Davids we may read of in the Maccabees The Maccabees For whereas some seek to defend the Wars of the Maccabees upon this ground That Antiochus was not a King but an Usurper this I account but frivolous For in the whole Story of the Maccabees we shall never find Antiochus mentioned by any of their own party by any other Title than by that of King and deservedly For the Hebrews had long before submitted to the Macedonian Empire in whose Right Antiochus succeeded And whereas the Hebrew Laws forbad a Stranger to be set over them this was to be understood by a voluntary Election and not by an involuntary Compulsion through the necessity of the times And whereas others say That the Maccabees did act by the peoples right to whom belonged the Right of Governing themselves by their own Laws neither is this probable For the Jews being first conquered by Nebuchadonosor were by the right of War subject unto him and afterwards became by the same Law subject to the Medes and Persians as Successors to the Chaldeans whose whole Empire did at length devolve upon the Macedonians And hence it is that the Jews in Tacitus are termed The most servile of all the Eastern Nations neither did they require any Covenants or Conditions from Alexander or his Successors but yielded themselves freely without any limitations or exceptions The Jews a conquered Nation as before they had done unto Darius And though they were permitted sometimes to use their own rites and publickly to exercise their own Laws yet was not this due unto them by any Law that was added unto the Empire but only by a precarious Right that was indulged unto them by the favour of their Kings There was nothing then that could justifie the Maccabees in their taking of Arms but that invincible Law of extreme necessity which might do it so long as they contained themselves within the bounds of self-preservation and in imitation of David betook themselves to secret places in order to their own security never offering to make use of their Arms unless violently assaulted The Kings Person to be spared in the defence of our selves 1 Sam. 26.9 In the mean time Great care is to be taken that even when we are thus enforced to defend our selves in cases of certain and extreme danger we spare the Person of the King for they that conceive the carriage of David towards Saul to proceed not so much from the necessity of duty as out of some deeper consideration are mistaken For David himself declares that no man can be innocent that stretcheth forth his hand against the Lords anointed Because he very well knew that it was written in the Law Exod. 22.28 Thou shalt not revile the Gods that is the Supreme Judges Thou shalt not curse the Rulers of thy people In which Law special mention being made of the Supreme Power it evidently shews that some special duty towards them is required of us Wherefore Optatus Milevitanus speaking of this fact of David Lib. 2. saith That Gods special command coming fresh into his memory did so restrain him that he could not hurt Saul though his mortal enemy Wherefore he brings in David thus reasoning with himself Volebam hostem vincere sed prius est divina praecepta observare Willingly I would overcome mine enemy but I dare not transgress the Commands of God And Josephus speaking of David after he had cut off Sauls Garment saith That his Heart smote him So that he confest Injustum facinus erat Regem suum occidere It was a wicked act to kill his Soveraign And presently after Horrendum Regem quamvis malum occidere Poenam enim id facienti imminere constat ab eo qui Regem dedit It is an horrid act to kill a
dead affrights the living and consequently restrains them from sinning in the same kind which is enough to justifie the punishment Yet is it worthy to be observed That though Plato were somewhat favourable in his Sentence on such as killed themselves yet doth he not think fit to leave them altogether unpunished What expiation saith he or what manner of Interment they should have that kill themselves God knows But then he goes on and gives his own opinion thus Let them be buried saith he in some solitary and desart place where none was ever buried but themselves and let there be no Statue Monument or Inscription set over them that their Bodies Names and Memories may rot together The Platonists do excellently dispute against the Stoicks and against all such as hold That a man may for the avoiding either of some present slavery or the violent assault of some dolorous and incurable disease or out of hopes of glory for a good cause undergo a voluntary death by maintaining that the Soul is to be kept in the safe custody of the Body until it be unavoidably required from us by him that gave it Much to this purpose may be read in Plotinus Olympiodorus and Macrobius upon the Dream of Scipio Aristotle accounted such as killed themselves to be weak and effeminate Fortis viri est mala perpeti It is the part of a valiant man to suffer as well as to act couragiously Seneca Non est virile terga Fortunae dare It is but a weak and lazy refuge by a voluntary death to avoid pain or shame according to that of the Poet Rebus in adversis facile est contemnere vitam Fortiter ille facit qui miser esse potest Each Coward whilest distrest can life disdain He valiant is who dares encounter pain Brutus condemned the fact of Cato though afterwards he wrote after the same Copy It is neither pious nor indeed manly saith he to turn our backs upon Fortune and to fly away from those imminent calamities which we should magnanimously bear Expectandus est vitae exitus quem natura decrevit What manner of death Nature hath decreed for us we must with patience expect Epist 70. Mart. saith Seneca It is no part of Valour or Fortitude to destroy our selves but a madness rather Nonne furor est nè moriare mori Strabo l. 15. It was well observed by Megasthenes That the fact of Calanus was by the wisest among the Indians condemned it being contrary to their Laws for any man through impatience to kill himself Neither did the Persians approve of it Witness that of King Darius in Curtius Lib. 5. Alieno scelere quam meo mori malo I had rather perish by another mans crime than by mine own No nor the Arabians as may be collected from that of Job Who wait for death but it cometh not Job 3.21 and dig for it more than for hid Treasures And therefore the Hebrews do render this word mori To dye by the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To be let go or To be dismist as may appear not only by Luke 2.29 Lord now lettest thou thy Servant depart in peace but by the Greek Version of that place in Gen. 15.2 and that in Numb 20. towards the latter end Which manner of Speech is familiar among the Greeks also as Themistius testifies of them in his Book De Anima They say of the Soul of him that dyeth saith he it is dismist and death it self they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A dismission Plutarch also in his Book of Consolation hath the same expression Donec Deus ipse nos dimittat Vntil God himself dismiss us It seems that the Jews did somewhat vary in their opinions concerning this matter as appears by Josephus where he records and seems to commend the Generosity of Phasacles Ant. l. 14. c. 25. who knowing that he was adjudged to death which he feared not scorning to fall at the command of an Enemy seeing that he could not kill himself with his own Sword being bound dasht his Head with all the force he had against a Stone and so perished Thus the Jews plead to Petronius as Philo records We say they mix our own Bloods by voluntary deaths for fear lest whilest we strive at two things i. e. to reverence our Emperour and yet to observe our Divine Law we should incur the displeasure of God Which danger we may avoid if by contemning this miserable Life we embrace a voluntary Death Some of these Jews would admit of one only case wherein it was lawful for a man to kill himself namely rather than live to be a perpetual reproach and scorn to the Enemies of God For seeing the Power over our lives is not in our selves but in God as Josephus rightly instructs his Countrey-men They presume that it is the will of God that they should put an end to that reproach by a voluntary death And hither they refer the Examples of Sampson who seeing the True Religion in and through him to be held in contempt chose rather to dye than that God by him should be dishonoured And that also of Saul who fell on his own Sword that so he might not be insulted over by such as were Gods and his Enemies For the Jews held 1 Sam. 31.4 That immediately after the Ghost of Samuel had foretold his Death he repented Umbra Samuelis and that although he knew he should dye in case he did fight yet rather than he would betray his Countrey and the Law of God into the hands of his Enemies he refused not to fight Therein meriting eternal praise by the Testimony of David And hence it was that he so highly commends the men of Jabesh Gilead for their Piety in bestowing an Honourable Interment upon Saul A third Example we have in Razes a Senator of Jerusalem in the History of the Maccabees 2 Mac. 14.37 Infinite Examples we may find in our Ecclesiastical Histories of such who lest they should be enforced by Torments to abjure their Religion have killed themselves and of Virgins who to preserve their Chastity have cast themselves into Rivers whom notwithstanding the Church hath honoured with the Crown of Martyrdom St. Ambrose doth highly extol them for it and St. Hierome on the first of Jonas makes an exception of this only case from that general Rule For no Persecution can justifie the killing of our selves saith he but where our Chastity is endangered But St. Augustine seems to be of another mind For though he will not derogate from the Authority of the Church De Civit. Dei lib. 1. c. 26. Epist 61. ad Dulc. which haply might be led thereunto by some Divine Tradition or those Virgins guided by some Divine Instinct yet would he not have any Christian draw this into a Precedent For saith he no man must presume to offer up his own Son in Sacrifice because Abraham did it in obedience