other way to preserve themselves or because being opprest with want they can have no sustenance orâ—… other terms For if the Campanians 〈◊〉 old being subdued by necessity subjected themselves to the Roman people in this form The people of Campania and the City Capua our Lands the Temples of our Gods all divine and humane things we yield up into your hand O ye Con'cript Fathers and fundâ—… people when they desired to subj a themselves to the dominion of the Romans were not accepted as 〈◊〉 saith what hinders but that a people after the same manner may yield up 〈◊〉 self into the hand of one propotent and over-mighty man Moreover it 〈◊〉 happen that some Father of a Family possessing a large estate of Lands may please to receive no inhabitant 〈◊〉 to his possession but upon such condtion or that some Master having 〈◊〉 great number of servants may manuâ—… and set them at liberty on conditioâ—… that they be subject to his Government and pay him tribute VVhich cases 〈◊〉 not without their examples Tacitâ—… concerning the servants of the Germans saith Every one is Master of his own house and estate The Lord impiâ—…seth and requireth of them as his farmers a rent of Corn or Cattle or cloths and the servant so far is subâ—…ect Adde that as Aristotle hath said some 〈◊〉 are by nature servants i. e. fit for servitude so also some Nations are of this disposition that they know better how to be ruled than how to rule Which the Cappadocians seem to have thought of themselves who preferred the life under a King before the Liberty offer'd them by the Romans and affirmed they could not live without a King So Philostratus in the life of Apollonius saith It is a folly to bestow Liberty upon the Thracians Mysians Getes which they would not gladly accept And moreover some might be moved by the examples of those Nations which for many ages lived happily enough under a Government plainly regal The Cities under Eumenes saith Livy would not have changed their fortune with any free City whatsoever L. 42. Sometimes also the State of the City is such that it cannot be safe unless under the free Empire of One which conceipt many prudent men had of the Roman as the case stood in the time of Caesar Augustus For these causes therefore and the like it may not only possibly but doth usually come to pass that men subject themselves to the Empire and power of another which also Cicero notes in the second of his offices XLIII The same further proved FUrther yet by a just War as we have said afore as private dominion may be acquired so also civil dominion or the right of reigning without dependence Neither do I speak this only in behalf of the Empire of One where that is receiv'd I would not be so mistaken but the same Arguments are of force for conserving the Empire of many where many nobles or states have this same right of supreme power and govern the City the Plebeians being excluded What that no Common-wealth hath ever been found so popular wherein some such as are very poor or foreigners and also Women and Youth are not kept from publick Counsels Besides some States have other people under them not less subject than if they did obey Kings Whence that question Is the Collatin people in their own power and the Campanians when they had yielded up themselves to the Romans are said to be under the power of others Many are the examples to this purpose and they are all of no value if we once grant this that the right of ruling is alwaies subject to the judgement and will of them who are ruled But on the contrary it is evident both by sacred and prophane history that there are Kings that are not inferiour to the people though taken all together If thou shalt say saith God speaking to the people of Israel I will set a King over me and to Samuel Shew unto them the right of the King that shall reign over them Hence is a King called the Anointed over the people over the inheritance of the Lord over Israel Salomon King over all Israel So David giveth thanks to God for subduing his people under him The Kings of the Nations saith Christ bear rule over them And that of Horace is well known Commands of Kings their subjects move And Kings are subject unto Jove Seneca thus describes the three forms of Government Sometimes the people are they whom we ought to fear sometimes if the Discipline of the Common-wealth be so that most things be transacted by the Senate the gracious men therein are feared sometimes single persons to whom the power of the people and over the people is given Such are they who as Plutarch saith have a command not only according to the Laws but over the Laws also and in Herodotus Otanes thus describes a single Empire to do what one pleaseth so as not to be accomptable to any other and Dio Prusaeensis defines a Kingdom to have command without controul Pausanias opposes a kingdom to such a power as must give account to a superiour Aristotle saith there are some Kings with such a right as else where the Nation itself hath over it self and that which is its own So after that the Roman Princes began to take upon them an Authority truly regal the people is said to have conferred upon them all their Authority and power and that over themselves as Theophilus interprets Hence is that saying of M. Antonius the Philosopher None but God alone can be judge of the Prince Dion of such a Prince He is free having power over himself and the Laws that he may do what him pleaseth and what likes him not leave undone Such a kingdom was of old that of the Inachidae aâ—… Argos far different from the Athenian Common-wealth where Theseus as Plutarch tells us acted only the part of a General and Guardian of the Laws in other respects not superiour to the rest Wherefore Kings subject to the people are but improperly called Kings as after Lycurgus and more after the Ephori were established the Kings of the Lacedemonians are said to have been Kings in name and title not really and indeed Which example was also followed by other States in Greece Pausanias Corinth The Argives in love of equality and liberty have long since very much abated the regal power so that they have left the Sons of Cisus and his posterity nothing beside the name of a Kingdom Such Kingdoms Aristotle saith do not make any proper kind of Government because they only are a part in an Optimacy or Populacy Moreover in Nations that are not perpetually subject unto Kings we see examples as it were of a Kingdom temporary which is not subject to the people Such was the power of the
although among the Latins principality and Kingdom are wont to be opposed as when Caesar saith the Father of Vercingetorix held the principality of Gallia but was slain for affecting the Kingdom and when Pisi in Tacitus calls Germanicus the Son of a Prince of Romans not of a King of Parthians and when Suetonius saith Caligula wanted but a little of turning the principality into a Kingdom and when Maroboduus is said by Velleius to have embraced in his mind not a principality consisting in the will of those that obey but a regal power Nevertheless we see these names are often times confounded for both the Lacedaemonian Leaders of Hercules posterity after they were subject to the Ephori were yet stiled Kings as we have said afore and the antient Germans had Kings which as Tacitus speaketh were Soveraign by the authority of perswading not by the power of commanding And Livy saith of King Evander that he ruled by authority rather than command and Aristotle and Polybius call Suffetes King of the Carthaginians and Diodorus too as also Hanno is called King of the Carthaginians by Solinus And of Scepsis in Troas Strabo relates when having joyned to them the Milesians into one Common-wealth they began to use a popular Government the posterity of the old Kings retained the royal name somewhat of the honour On the contrary the Roman Emperors after that openly and without any dissimulation they held a most free regality yet were stiled Princes Moreover Princes in some free Cities have the Ensigns and marks of royal Majesty given unto them Now the Assembly of the States that is of them that represent the people distributed into classes in some places indeed serve only to this purpose that they may be a greater Council of the King whereby the complaints of the people which are oft concealed in the Privie Council may come unto the Kings ear in other places have a right to call in question the actions of the Prince and also to prescribe Laws whereby the Prince himself is bound Many there are who think the difference of the highest Empire or of that less than the highest is to be taken from the conveyance of Empire by way of election or succession Empires devolved this way they affirm to be highest not those that come the other way But it is most certain this is not universally true for succession is not the title of Empire which gives it form but a continuation of what was before The right begun from the election 〈◊〉 the Family is continued by succession wherefore succession carries down 〈◊〉 so much as the first election did confeâ—… Among the Lacedemonians the Kingdom passed to the Heirs even after 〈◊〉 Ephori were ordained And of such Kingdom that is a principality 〈◊〉 Aristotle some of them go by rigeâ—… of bloud some by election and in the Heroical times most Kingdoms in Greece were such as besides him Thucydidâ—… notes On the contrary the Romaâ—… Empire even after all the power botiâ—… of Senate and people was taken awaâ—… was bestowed by election XLVII The second Caution LEt this be the second caution 〈◊〉 one thing to enquire of the thing â—…nother of the manner of holding it which is appliable not only to corporal things but incorporal also For as a Field is a thing possessed so is a passage an act a way But these things some hold by a full right of propriety others by a righâ—… usufructuary other by a temporary right So the Roman Dictator by a temporary right had the Highest power and some Kings both the first that are elected and they that succeed them in a lawful order by an usufructuary right but some Kings by a full right of propriety as they that by a just War have gotten their Empire or into whose power some people to avoid a greater evill have so given up themselves that they excepted nothing Neither do I assent to them who say the Dictator had not the highest power because it was not perpetual for the nature of moral things is known by the operations wherefore such faculties as have the same effects are to be called by the same name Now the Dictator within his time exerciseth all acts by the same right as a King of the best right nor can his act be rendred void by any other As for duration that changeth not the nature of the thing though if the question be of dignity which is wont to be stiled Majesty this is greater no doubt in him to whom perpetual right is given than to whom temporary right because the manner of the Tenure is of moment in respect of dignity And I would have the same understood of these that before Kings come to age or whilst they are hindred by loss of reason or their liberty are appointed Curators of the Kingdom so that they be not subject to the people nor their power revocable before the appointed time Another judgement is to be made concerning those that have received a right revocable at any time that is a precarious right such as of old was the Kingdom of the Vandals in Africa and of the Goths in Spain when the people deposed them as oft as they were displeased for every act of such Kings may be rendred void by these that have given them a power revocably and therefore here is not the same effect nor the same right as in other cases XLVIII That some highest Empires are holden fully i. e. alienably THat which I have said that some Empires are in full right of propriety i. e. in the patrimony of the Ruler is opposed by some learned men with this Argument That free-men are 〈◊〉 in commerce But as power is either Lordly or Regal so also Liberty is either personal or civil and again either of single persons or of all together for the Stoicks too did say there is a certain servitude consisting in subjection and in the holy Scriptures the Kings subjects are call'd his servants As therefore personal liberty excludes Master-ship so civil liberty opposes regality and any other dition properly so called So Livy opposeth them saying The people of Rome are not in a kingdom but in liberty and elsewhere he distinguisheth the people enjoying liberty from those that lived under Kings Cicero said Either the Kings should not have been expell'd or liberty should have been given to the people really and not in words After these Tacitus The City of Rome from the beginning was under Kings L. Brutus brought in Liberty and the Consulship Strabo saith of Amisus it was sometime free sometime under Kings And frequently in the Roman Laws foreiners are divided into Kings and free State Here then the question is not concerning the liberty of single men but of a people And further as for private so for this publick subjection some are said to be not of their own right not
of their own power Yet properly when a people is alienated the men themselves are not alienated but the perpetual right of governing them as they are a people So when the freed servant of a Patron is assigned to one of his children it is not the alienation of a freeman but he transcribes and makes away the right he had over another man Nor is that more firm which they say If a King hath gotten any people by War whereas he subdued them not without the bloud and sweat of his subjects they are rather to be taken for the acquest of the Subjects than of the King For haply the King maintain'd his Army out of his own private substance or out of the profits of that Patrimony which follows his principality for suppose a King hath but the usufruit of that very Patrimony as also of the right of governing the people which hath elected him yet are those fruits his own As it is declared in the civil Law that the fruits of an inheritance which is commanded to be restored are not restored because they arise not from the inheritance but from the Thing Wherefore it may come to pass that a King may have command over some people by a proper right so that he may also alienate them Strabo saith the Island Cythera lying over against Taenarus was by his own private right pertaining to Eurycles Prince of the Lacedemonians So King Salomon gave to Hirom King of the Phenicians twenty Cities not of the Cities of the Hebrews for Cabul which name is attributed to those Cities is seated without the Hebrew bounds Jos. 19. 27. but of those Cities which the conquered Nations enemies of the Hebrews had retained till that day and which partly the King of Egypt Salomon's Father-in-Law had overcome and given as a dowry to him partly Salomon himself had taken in for that they were not inhabited by the Israelites at that time is proved by this argument because after Hirom restored them then at last Salomon carried thither Colonies of the Hebrews So Hercules is read to have given to Tyndareus the Empire of Sparta taken in War upon these terms that if Hercules should leave any children it should be returned to them Amphipolis was given as a dowry to Acamas the Son of Theseus And in Homer Agamemnon promiseth to give Achilles seven Cities King Anaxagoras freely bestowed two parts of his Kingdom upon Melampus Justin saith of Darius He gave by Testament the Kingdom to Artaxerxes to Cyrus certain Cities whereof he was Governour So the successors of Alexander are to be thought every one for his part to have succeeded into that full right and propriety of ruling over the Nations which were subject to the Persians or else themselves to have acquired that power by the right of Victory Wherefore it is no marvell if they assumed to themselves a right of alienation So when King Attalus the Son of Eumenes had by his testament made the people of Rome heir of his Goods the people of Rome under the name of Goods comprehended his Kingdom too And after when Nicomedes King of Bithynia dying had made the Roman people Heir the Kingdom was reduced into the form of a Province XLIX Some highest Empires are not holden fully BUt in Kingdoms which are conferred by the will of the people I grant it is not to be presumed that it was the will of the people that an alienation of his Empire should be permitted to the King Wherefore what Crantzius notes in Unguinus as a new thing that he had bequeathed Norway by his testament we have no reason to disapprove if he respecteth the manners of the Germans among whom Kingdoms were not held with so full a right For wheras Charls the Great and Lewis the pious and others after them even among the Vandals and Hungarians have disposed of Kingdoms in their testaments that had rather the vertue of a commendation among the people than the force of a true alienation And of Charls Ado specifies the same that he desired his testament should be confirmed by the chiefest of France Whereunto that is like which we read in Livie that Philip King of Macedonia when he had a mind to keep Perscus from the Kingdom and in his place to advance Antigonus his Brothers Son visiteâ—… the Cities of Macedonia to commenâ—… Antigonus to the Princes Nor is 〈◊〉 material that the forementioned Lewâ—… is read to have rendred the City Rome to Pope Paschal seeing the Franks mighâ—… rightly render to the people of Rome that power over the City which they had received from the same people 〈◊〉 which people he did sustein as it Weâ—… the person who was Prince of the first order L. A further manifestation of the second caution THe truth of our foresaid note about distinguishing the height of power from the fulness of having it will appear in this that as many highest Empires are not so many not highest are held fully Whence it is that Marquessates and Earldoms are wont to be sold and disposed of by will more easily than Kingdoms Moreover the same distinction shews it self in the Protectorship whilst a King either by non-age or by disease is unable to manage his own power For in Kingdoms that are not Patrimonial the Protectorship belongs to them to whom the Publick Law or in defect thereof the consent of the people doth commend it in Patrimonial Kingdoms to them who are chosen by the Father or by the next of Kin. So we see in the Kingdom of the Epirots which arose from the peoples consent Aribas a Pupil-King had Tutors publikely appointed him and so had the posthume Son of Alexander the Great by the Macedonian Peers But in the lesser Asia gotten by War King Eumenes appointed his Brother to be Tutor to his Son Attalus So Hiero the Father reigning in Sicily ordained by his testament whom he pleased to be Tutors to his Son Hierom. Now whether a King be withall in his private right a Lord of Land as the King of Egypt was after the time of Joseph and the Indian Kings which Diodorus and Strabo speak of or be not this is extrinsecal to his Empire and perteins not to the nature of it wherefore it neither maketh another kind of Empire nor another manner of holding the same Empire LI. A third Observation LEt this be observed in the third place An Empire ceaseth not to be supreme although hee that is to rule promise certain things to the subjects or to God even suâ—… things as pertain to the way of ruling Nor do I now speak of keeping the natural and divine Law adde also that of Nations unto which all Kings are bound though they promised nothing but of certain rules to which without a promise they were not bound The truth of what I say appears by silimitude of a Father
of a Family who 〈◊〉 he hath promised his Family to do somewhat which belongs unto their Government shall not thereby cease to have so far as may be in a Family supreme right therein Nor is the Husband deprived of marital power because of some promise to the Wise. I confess by this means the Empire is in some sort streightned whether the obligation ly upon the exercise of the act only or also directly upon the faculty it self In the first way the act done against promise will be unjust because as we shew elsewhere a true promise gives hima right to whom 't is made and in the other way it will be null by want of faculty Nor yet doth it thence follow that he that makes the promise hath any superiour for in this case the act is rendred null not by superiour force but in Law Amongst the Persians the King was Supreme and absolute adored as the Image of God and as Justin saith he was not changed but by death A King was he that to the Peers of Persia spake thus I have called you together that I might not seem to use only my own Counsel but remember it is your duty rather to obey than perswade Yet he took an oath at his entrance as Xenophon and Diodorus Siculus have noted and it was not lawful for him to change certain Laws made after a particular form The same is related of the Ethiopian Kings by Diodorus Siculus And by his relation the Egyptian Kings who no doubt as well as other Kings of the East had Supreme power were bound to the observation of many things but if they had done the contrary could not be accused living dead their memory was accused and being condemned they wanted solemn burial as also the bodies of the Hebrew Kings who had reigned ill were not buried in the royal Sepulchers an excellent temperament whereby both the highest power was kept sacred and yet by fear of a future judgement Kings were kept from breaking their trust That the Kings also of Epirus were wont to swear they would reign according to the Laws we learn of Plutarch in the life of Pyrrhus But suppose it be added If the King breaks his trust he shall be depâ—…sed Yet will not the power hereby cease to be the highest but the mannâ—… of holding it weakned by this condition and the Empire will be as it were temporary It is said of the King of Sabaeans that he was absolute and of a most free power but that he might be stoned if he went out of his Palace In like manner an estate of Land that is held in trust is an estate as well as if it were possessed in full dominion but it is holden for a time or at the pleasure of another And such a Commissory Law or condition may be annexed not only in the bestowing of a Kingdom but in other contracts for some Leagues too with neighbours we see are entred with the like sanction LII The fourth Observation FOurthly it must be noted Although the highest power be one and undivided by it self consisting of the parts above set down supremacy being added Yet may it sometimes happen to be divided either by parts which they call potential or by parts subjective So when the Roman Empire was one it often came to pass that one Ruler had the East another the West or that three divided the world between them And so it may be that a people choosing a King may reserve some acts to themselves and may commit others to the King with full right Yet is not that done as we have shewed already whensoever the King is bound up with certain promises but then we must conceive it to be done if either a partition be made expresly of which we have spoken afore or if a people yet free lay upon their future Kings a charge by way of an abiding precept or if a clause be added to signifie that the King may be compeld or punisht For a precept is from a superiour superiour at least in that particular which is given in precept and to compell is not alwaies the property of a superiour for also naturally every one hath a right to compel his debtor but is repugnant to the nature of an inferiour Parity therefore at least follows from coaction and so a division of the supremacy Against such a State as being double headed many allege many incommodities but as we have also said above in civil affairs there is nothing wholy without incommodities and Right is to be measured not by that which seems best to you or me but by the will of him whence right ariseth An antient example is brought by Plaâ—… in his third de legibus For when the House of Hercules had built Argâ—… Messena and Lacedemon the King were bound to keep their Governmenâ—… within the bound of prescribed Laws anâ—… whilst they did so the people were obliged to leave the Kingdom to them and their posterity and suffer none to take it from them And to this not only King and their own people have mutually 〈◊〉 venanted but Kings with other Kings and one people with another people and Kings with neighbourig States and States with neighbouring Kings have entred into Covenant and promis'd aid to 〈◊〉 other respectively LIII A further explication of the last note about division of power and mixture YEt are they much deceived who think the power of Kings divided when they will have some of their acts not accounted firm unless they be approved by the Senate or some such Assembly For the acts voided for want of such approbation must be understood to be cancelled by the Kings own command who ordained this by way of caution lest any thing fallaciously gained from him should pass under the notion of his true and deliberate will King Antiochus the third sent such a â—…escript to the Magistrates that they â—…hould not obey him in case he should command any thing against Law and Constantin published the like that Orphans and Widows be not constreined to come to the Emperours Court for Justice no not if the Emperours rescript â—…e shewed Wherefore this case is like to that of testaments which have a clause that no later testament shall be of force for this clause also makes it be presumed that the later testament proceeds not from the true will of the maker Nevertheless as this clause so that other by the Kings express command and special signification of his later will may be annulled Again I do not here use the authority of Polybius neither who refers the Roman Common-wealth to a mixt kind of Government which at that time if we respect not the doings themselves but the right of doing was meerly popular For both the authority of the Senate which he refers to an Optimacy and of the Consuls whom he will have to be like Kings was
on them Valens impiously and cruelly raged against them who according to the holy Scripture and the tradition of the Fathers professed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who although a very great number never defended themselves by force Certainly where patience is prescribed us we see the example of Christ is oft brought in and even now we heard it alleged by the Thebaean soldiers as an example to be imitated by us the example I say of Christ whose patience extended it self even to the Death And he that so loseth his life is truly pronounced by Christ to have sav'd it LXXII In what cases force it lawfull against a Prince WE have said Resistence is not lawfull against the highest powers Now lest the Reader think they offend against this rule who indeed offend not we must adde some advertisements First then Princes that are under the people whether from the beginning they received such power or afterward it was so agreed as at Lacedaemon if they offend against the Laws and the Commonwealth may not only be repelled by force but if need require punished with death which befell Pausanias King of the Lacedemonians And sith the most antient Kingdoms through Italy were of this kinde it is no wonder if after the relation of most cruell things done by Mezentius Virgil addes Then all Etruria flam'd with ajustire And call for the Kings bloud to quench the fire Secondly if a King or any other hath abdicated his Empire or manifestly accounts it as forsaken after that time all things are lawfull against him as against private man Yet is not he to be judged to desert his estate who manageth it somewhat negligently Thirdly 't is the opinion of Barclay if the King alienate his Kingdome or subject it to another he forfeits it I stop For such an act if a Kingdom be conveyed by election or by successory law is null and therefore can have no effect of right Whence also concerning an Usufructuary to whom we have compared such a King it seemes to me the truer opinion of Lawyers that if he yield his right to an extraneous person his act is nothing And as to that that the usufruit reverts to the Lord of the propriety it is to be understood in due time But if a King really attempt even to deliver up or subject his Kingdom I doubt not he may be herein resisted For as we have distinguished afore the Empire is different from the manner of holding it which manner the people may hinder from being changed for that is not comprehended under the Empire Hither you may fitly apply that of Seneca in a case not unlike Though a son must obey his father in all things yet not in that whereby he is made to be no father Fourthly the same Barclay saith a Kingdome is lost if the King be caried with a truly hostile minde to the destruction of the whole people which I grant For the will of ruling and the will of destroying cannot consist together Wherfore he that professeth himself an enemy of all the people thereby abdicates the Kingdom but this seemeth scarce possible to happen in a King that is himself that rules over one people It may happen if he rule over more than one that in favour of one people he may will the ruine of another to make Colonies there Fiftly if a Kingdome be committed whether by felony against him whose Fee it is or by a clause put in the very grant of the Empire that if the King do so or so the subjects be loosed from all bond of obedience in this case also the King falls back into a private person Sixtly if a King hath one part of the supreme power the People or Senate the other part against the King invading that part which is not his a just force may be opposed because so far he hath no power Which I think hath place notwithstanding it be said the power of war is in the King For that 's to be understood of forein war when otherwise whosoever hath part of the supreme authority cannot but have a right to defend that part When this comes to pass the King may also by the Law of war lose his part of the Empire Seventhly if in the conveyance of the Empire it be conditioned that in a certain case resistance may be made against the King although it cannot be supposed part of the Empire is thereby reteined yet is there reteined some naturall liberty and exempted from the Regall power And he that alienateth his right may abate of that right by covenant LXXIII How far we must obey an Invader of anothers Empire WE have considered him which hath or had the right of governing It remaines that we speak of the Invader of Empire not after by long possession or by covenant he hath gotten a right but so long as there continues the cause of possessing it unjustly And truly whilst he is in possession the acts of empire which he exerciseth may have power to oblige not out of his right which is none but from this that it is most probable He that hath the right of governing whether people King or Senate had rather the Invaders commands should prevail and be of force than utter confusion be brought in the Laws and judgments taken away Cicero condemnes Sylla's Laws of cruelty to the sons of the proscribed that they could not seek for honours Nevertheless he thought they were to be observ'd affirming as Quintilian tells us the state of the City so to be contained in these Laws that it could not stand if they were dissolv'd Florus of the same Sylla's acts Lepidus went about to rescind the acts of so great a man deservedly if yet he could without great damage to the Common-wealth And a little after It was expedient for the sick and wounded Common-wealth to take some rest at any hand lest the sores should be opened and bleed tâ—… much in the cure Howbeit in things 〈◊〉 so necessary and which pertain to the establishing of the Invader in his unjuâ—… possession if without great danger obedience may be denied it must not be given LXXIV Whether it be lawfull to â—…d an Invader or expell him by force and in what Cases TO this question we frame this answer First if the Invador by unjust war and such as hath not the requisits according to the Law of Nations hath seised on the government nor hath there followed any agreement or faith given him but his possession is kept onely by force in this case the right of war seemeth to remain and therefore it is lawfull to act against him as against an enemy that may lawfully be slain by any even by a private man Against Traitors said Tertullian and publick enemies every man 's a souldier So also against desertors of the war that run from their colours all persons for the common quiet have a right indulged to
among Christians NOtwithstanding we must know this Law of Nations concerning Captives hath not been always receiv'd nor among all Nations though the Roman Lawyers speak universally styling the more notable part by the name of the whole So among the Hebrews who were segregated by special Ordinances from the community of other people refuge was granted unto servants namely those as Interpreters righly observe who fell into that calamity by no fault of their own And Christians have generally agreed that such as are taken in War between them should not become servants to be sold to be forced to work and suffer the like servile things Very justly because they had or ought to have learned better of the Commendator of all Charity than not to be kept from the killing of miserable men except by concession of a less cruelty And that this hath passed heretofore from the Ancestors to their posterity among professors of the same Religion Gregoras hath written nor was it proper to the Subjects of the Roman Empire but common with the Thessalians Illyrians Triballians and Bulgarians Thus hath the reverence of the Christian Law effected this at least though it be but small which Socrates of old when he would have perswaded the Greeks to observe toward one another could not obtein The same do the Mahâ—…metans also observe among themselves in this point which the Christians do Yet even among the Christians hath remained a custom to keep the Captives until a ransom be paid whose valuation is at the pleasure of the Conquerour unless a certainty were agreed on And this right of keeping the Captives is usually granted all that have taken them except the persons of eminent place and dignity for over these the manners of most Nations give a right to the Common-wealth or to the head thereof XLII Of Empire over the Conquered HE that can subject unto himself particular men by personal servitude no wonder if he can subject unto himself a community whether it be a Common-wealth or part thereof by a subjection either meerly Civil or meerly herile or mixt Therefore Tertullian said Empires are got by arms and propagated by victories Alexander in Curtius Laws are given by Conquerors receiv'd by the Conquered Ariovistus in Caesar saith It is the Law of War that they who have overcome should govern those whom they have overcom as they please Justin out of Trogus relates that the Warriors before Ninus sought not Rule for themselves but Glory and being content with honour absteined from dominion but Ninus was the first that enlarged the bounds of his empire and subdued other Nations whereupon it went into a Custom Bocchus in Sallust saith He took arms to defend his Kingdom for part of Numidia whence he had expelld Jugurtha was become His by the Law of War Now Empire may be acquired to the Conqueror either only as 't is in a King or other Governour and then He succeeds only into his right and no farther or also as 't is in the people in which case the Conqueror hath Empire so that he may also alienate it as the people might And so it came to pass that some Kingdoms were in patrimony as we have said afore Farther it may be that the Commonwealth that was may cease to be a Commonwealth either so that it may be an accession of another Commonwealth as the Roman Provinces or that it may adhere to no Common-wealth as if a King waging War at his own charge so subject a people to himself that he will have it governd not for the profit of the people chiefly but of the Governour which is a property of Heril Empire not of Civil Government saith Aristotle is either for the utility of the Governour or for the utility of the Governed this hath place among free men that among Masters and servants The people then that is kept under such command will be for the future not a Commonwealth but a great Family And hence may be understood what kind of empire is that which is mixt of Civil Heril to wit where servitude is mingled with some personal liberty So we read people have been deprived of arms and commanded to have no iron but for agriculture and others have been compell to change their language and course of life Moreover as things which did belong to particular men are acquir'd by the right of war to them who subject those men to themselves so also the things of a Community become theirs who subject to themselves the Community if they please Annibal in his Oration to his Soldiers Whatsoever the Komans do possess being gotten and heaped up with so many triumphs All that together with the masters will be ours So Pompey what Mithridates had taken and added to his Empire subdued to the Roman people Wherefore also incorporal rights of a community will become the Conqueror's so far as he pleaseth So Alba being conquer'd the Romans challenged to themselves the rights of the Albans Whence it follows that the Thessalians were wholly freed from the obligation of the hundred talents which sum due from them to the Thebans Alexander the Great having conquerd Thebes forgave them by the right of victory Nor is that true which in Quintilian is alleged on behalf of the Thebans that that only is the conqueror's which he holds himself and incorporal right cannot be holden and that the condition of an heir and of a conqueror is different because the right passeth to the former the thing to the later For â—…he that is Master of the Persons is also Master of the things and of all right which belongs to the Persons He that is possessed doth not possess for himself nor hath he any thing in his power who hath not himself Yea if one leave the right of a Commonwealth to a conquerd people he may take to himself some things which were the Commonwealths for it is at his pleasure to appoint what measure he will to his own favour The fact of Alexander was imitated by Cesar when he forgave those of Dyrrachium the debt which they owed to some one of the adverse party But here might be objected that the War of Caesar was not of that kind of which this Law of Nations was established XLIII Admonitions about things done in an unjust War I Must now return and take away from those that wage War almost all that I have seemed to give them and yet have not given For I said at first when I began to explain this part of the Law of Nations that many things are lawfull or of right in that they are done impunè without punishment and partly because coactive judgments do lend them their authority which things yet either are exorbitant from the rule of right whether that rule be placed in right strictly so call'd or in the precept of other vertues or els at
other debt will bear To which is to be added the cause of avoiding extreme danger But this cause for the most part is mixed with other which yet is it self most considerable both in constituting peace and in using victory For the rest happly may be remitted out of compassion but in publick danger to be secure beyond measure is unmercifulness Isocrates writes to Philip The Barbarians are so far to be subdued as it shall be sufficient to secure your own Countrey Crispus Sallustins of the old Romans Our Ancestors being most religious men took nothing from the Conquerd but the licence to do injury A sentence worthy to be spoken by a Christian wherewith agrees that of the same Author Wise men wage war for the sake of Peace and sustein labour in hâ—…e of ease Aristotle said more than once War is ordaind for peace and business fâ—… rest Cicero's meaning is the same whose most pious saying 't is War must be uâ—…dertaken that nothing else but peace be aimed at And another like it For the cause are wars to be waged that we mâ—… without injury live in peace Nothing deferent are these fron what the Doctors ci true Religion teach us That the end 〈◊〉 war is to remove things that trouble 〈◊〉 Peace Before the times of Ninus as we have noted out of Trogus it was the manner to defend the bounds of Empire rather than to enlarge them Every King was contented to reign in his own Courtrey they did not so much seek their owâ—… power as their peoples glory being satisfied with victory they refused Empire To which moderation S. Augustin earnestly recalls us when he saith Let them consider lest perhaps it be not the part of good men to rejoice in their Empires latitude He addeth T is greater felicity to have a good neighbour for ones friend than to subdue an evil neighbour that is an enemy And the Prophet Amos in the Ammonites themselves severely reprehends this desire of extending dominion by War To this exemplar of antient innocence the prudent modesty of the Romans made the neerest approach What were our Empire at this day saith Seneca unless wholsom providence had mixed the conquerd with the Conquerours Our Founder Romulus they are Claudius's words in Tacitus was of so prevailing wisedom that he made many people Citizens the same day they had been his enemies He adds that nothing else undid the Lademonians Athenians but their keeping off the conquered as Aliens Livy saith the State of Rome was advanced by receiving their enemies into the City In histories are extant examples of the Sabins Albans Latins and the rest of Italy till at last Caesartriumph'd over the Galls and enfranchiz'd them Cerialis in Tacitus in his Oration to the Galls Ye your selves for the most part command our Legions ye govern these and other Provinces Nothing is separate and shut from you And then Wherefore Love and embrace that Peace and life which yoâ—… the conquerd and we the Conquerours enjoy with equal right At length which is most to be admir'd They that are in the Roman world by the constitution of the Emperour Marcus Antonius are made Roman Citizens which are the words of Ulpian After that time as Modestinuâ—… saith Rome is the Common Countrey Claudian We all owe this to his pacifick mind One Nation hath united all Mankind Another kind of moderate victory is to leave unto the Conquerd either Kings or People the Empire which they had So Hercules dealt with Priamus and having overcome Neleus he committed the Kingdom to his son Nestor So the Persian Kings left the Kingdom to the Kings they had conquerd So Cyrus to the Armenian So Alexander to Porus Seneca commends it To take nothing from the Conquerd King but Glory And Polybius celebrates the goodness of Antigonus who having Sparta in his power left them the Commonwealth and liberty of their Ancestors Whereby he obteined great praises thorough Greece as it is there related So the Cappadocians were permitted by the Romans to use what form of Commonwealth they would and many States after war have been left free Carthage is free and enjoyes her own Laws say the Rhodians to the Romans after the second Punick War Pompey saith Appian left some of the subdued Nations free And to the Aetolians saying there could be no firm peace unless Philip the Macedonian were driven out his Kingdom Quintius answerd That they had given their opinion unmindful of the Romans custom to spare the Conquerd adding The Greater the Conqueror is the more gentle mind he beareth toward the conquerd Sometime together with the concession of Empire provision is made for the conquerors security So 't was decreed by Quintius that Corinth should be rendred to the Athaians and a Garrison be put in the Fort that Chalcis and Demetrias should be deteind till they were quitted of the care of Antiochus Imposition of Tribute also perteineth oft not so much to the restitution of charges as to the security both of the Conquerour and Conquered Cicero of the Greeks Also let Asia consider she had no way to avoid the calamity both of forein war and discord at home but by adhering to this Empire and seeing this Empire cannot be maintaind without Tribute Let her be content to buy a firm and lasting peace with some part of her revenues Petiliâ—… Cerialis in Tacitus speaks for the Romans to the Lingones and other Galls after this manner We though so often provok'd by the right of Victory have only laid this upon you that was necessary to preserve peace For neither can the quiet of Nations be procured without arms nor arms without stipends nor stipends without tributes Pertinent here are other things also which we have said afore when we spake of an unequal league to deliver up arms ships not to have any weapons not to have an Army But that their Empire may be left unto the Conquered is not only a point of humanity but oftentimes of Counsil Among the institutes of Numa this is praised that he sacrific'd to Terminus without blood signifying there is nothing more profitable to a safe peace than to keep within ones own bounds Florus excellently It is more hard to keep than to make Provinces they are got by force they are kept by Justice The Embassadors of Darius to Alexander A forein Empire is ful of danger 't is difficult to keep that which is too great 't is more easy to conquer some countries than to hold them much more readily do our hands receive than retein Appian observes that many people who desir'd to put themselves under the Roman power were refus'd by them and others had Kings by their appointment In the jugment of Scipio Africanus in his time Rome possessed so much that 't was greediness to desire more being abundantly happy if she lost nothing of
See you not Learning in his Lookes See it more Liuely in his Bookes Tho. Cross Sculpsit THE ILLUSTRIOUS HVGO GROTIUS OF THE LAW OF WARRE AND PEACE WITH ANNOTATIONS III. PARTS AND Memorials of the Author's Life and Death 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 M. Antonin Imp. l. 9. LONDON Printed by T. Warren for William Lee And are to be sold at his shop at the signe of the Turks-head in Fleet-street M. DC L V. TO THE ENGLISH GENTRY WITH ALL DUE HONOUR TO THEIR WISEDOM AND VALOUR THIS WORK IS HUMBLY DEDICATED BY THEIR SERVANT THE TRANSLATOR TO THE READER THat This Book may obtein General Acceptance I have somewhat to say to every sort of Readers The Divine shall here behold the Evangelical Law shining above all other in the perfect Glory of Charity and Meekness The Gentlemen of our Noble Innes of Court shal here read the most Common Law that of Nature and Nations The Civilian may here observe some footsteps of the Goodly Body of his Law To the Statesman and the Soldier 't will be enough to see the Title of War and Peace The Philosopher the Poet the Orator and Historian shall here meet with the choicest Flowers gathered out of their spatious Gardens by a most skilful hand the hand of Him that was excellent in all these kinds of good Learning the Incomparable HUGO GROTIUS This Great Name as well as the Usefulness of the Argument we hope will commend the Book to every Ingenuous Reader to whose candid Censure it is in all humility submitted by C. B. The Author's Dedication to the most Christian KING THis Book Most Eminent of Kings is bold to bear Your Royal Name in the Front in Considence not of It self not of the Author but of the Argument Because it is written for Justice Which Vertue is so properly Yours that by your own Merits and by the Suffrage of Mankind You have thence received a Title most worthy of so Great a King being known every where now no less by the Name of JUST than of LUDOVIC The Roman Commanders esteemed the Titles very specious which were deriv'd from Crete Numidia Afric Asia and other conquer'd Nations How much more Illustrious is Yours whereby you are declared both the Enemy every where and all ways the Conquerour of no people of no man but of that which is Unjust The Egyptian Kings thought it a great matter if One were called the Lover of his Father Another of his Mother a Third of his Brother How small parts are These of Your Name which comprehendeth not only those things but whatsoever can be imagined fair and honorable You are Just when by Imitation of Him you honour the Memory of your Father a King Great above all that can be said Just when you instruct your Brother every way but no way more than by your example Just when you grace your Sisters with Highest Matches Just when you revive the Laws almost buried and as much as you can oppose your self against the declining Age Just but withal Clement when you take away nothing from your subjects whom Ignorance of your goodness had transported beyond the limits of their Duty beside the licence to offend and offer no Violence to Souls of a different perswasion in matter of Religion Just and withall Merciful when by your Authority you relieve oppressed Nations afflicted Princes neither permit Fortune to be too insolent Which singular Beneficence of yours and as neer like to God as human Nature suffers compells me on my own behalf also to make this publick thankfull Acknowledgment For as the Heavenly Stars do not only communicate their Influence to the greater parts of the world but vouchsafe it to every living Creature So you being the most beneficent Star on earth not content to raise up Princes to ease people have been pleased to be a safeguard and a Comfort even to me ill used in my own Country Here is to be added to fill up the Orb of Justice after your publick Actions the Innocency and Purity of Your private life worthy to be admir'd not by Men alone but by the Angels too For how Few of the Inferiour sort yea of those that have secluded themselves from the Fellowship of the world keep themselves so untoucht by all faults as You being placed in such a Fortune which is surrounded with innumerable allurements to sin And how Admirable a Thing is This among Business in the Throng in the Court among so many Examples of Those that sin so many ways to attain unto that which solitude scarce yea often not at all affordeth others This is indeed to merit even in this life not only the name of JUST but of SAINT which was given by the consent of pious men to Charles the Great Ludovic your Ancestors after their Death that is to be not by a Gentilitious but by your own proper right Most Christian. Now as every part of Justice is Yours so is that which concerns the Matter of this Book about the Counsells of War and Peace yours peculiarly as you are a King and King of France This your Kingdom is great which stretcheth it self to both Seas through so many spaces of so happy Lands but it is a greater Kingdom than This that You do not covet other Kingdoms This is worthy of Your Piety worthy of that eminency not to Invade the Right of any Other by your Arms not to remove antient Bounds but to do the Business of Peace in the time of War neither to begin War but with this Desire to bring it to a speedy end And How Brave How Glorious is This How Joyful to Your conscience that when God shal call you up to His Kingdom which alone is better than yours you may confidently say This sword have I receiv'd from Thee for the safeguard of Justice This I render to Thee pure and unstained with the blood of any man rashly shed Thus it shall come to pass that the rules we now look for in books hereafter may be taken from Your actions as from a most perfect Exemplar It is a very great matter This Yet doth the world of Christians dare to exact something more at Your Hands Namely that the Flames of War being every where extinguished not only Empires but Churches may see their Peace returning to them by Your procurement and that Our Age may learn to submit to the Judgment of That Age which All Christians profess to have been truly sincerely Christian The minds of Good men weary of Discords are raised to this Hope by the Friendship newly made 'twixt you the King of Great Britain a most wise Prince exceedingly studious of that Holy Peace and confirmed by the most Auspicious Marriage of your Sister Difficult is the Business by reason of Partial Affections inflamed and exasperated more and more but Nothing is worthy of so excellent Kings but That which is Difficult but That which is Despaird of by all others The God of Peace the God
conduces both to our present matter and to many other things lest we strein the Authority of the Hebrew Law beyond its reach XIV That War is not against the Gospel-Law The first Argument OMitting Arguments of less value in our judgement our first and principal proof that the Right of VVar is not wholy taken away by the Law of Christ shall be that of Paul to Timothy I exhort therefore that first of all supplications prayers intercessions and giving of thanks be made for all men For Kings and for all that are in authority that we may lead a quiet and a peaceable life in all godliness and honesty For this is good and acceptable in the sight of God our Saviour who will have all men to be saved and to come unto the knowledge of the truth Here we are taught three things That it is pleasing to God Kings should become Christistians That being made Christians they should remain Kings Wee pray saith Justin Martyr that Kings and Princes together with their regal power may also attain unto a right understanding and in the Book entitled Clement's Constitutions the Church prays for Christian Magistrates Lastly that this is also pleasing to God that Christian Kings should procure for other Christians a quiet life How so The Apostle sheweth in another place He is the Minister of God to thee for good but if thou do that which is evill be afraid for he beareth not the sword in vain for he is the Minister of God a revenger to execute wrath upon him that doth evill By the right of the sword is understood all coercive power as in the Lawyers sometimes yet so that the highest part of it which is the true use of the sword is not excluded For the illustration of this place much light may be had from the second Psalm which although it were verified of David yet more fully and perfectly pertains to Christ as we learn out of the Acts and the Epistle to the Hebrews Now this Psalm exhorts all Kings to receive the Son of God with reverence i. e. to do service to him as they are Kings as Augustin explains it well whose words are to this effect Herein do Kings as they are commanded serve God as Kings if in their Kingdom they command good things forbid evill things not only pertaining to humane society but also to divine Religion And elsewhere How then shall Kings serve the Lord in fear but by prohibiting with religious severity and punishing offences against the commands of the Lord For he serveth one way as a man another way as a King Again Herein therefore doe Kings serve the Lord as Kings when they do him that service which none can do but Kings XV. The second Argument A Second Argument is deliver'd us by St. Paul in the place cited already in some part out of the Epistle to the Romans where the highest power such as the regall is is said to be of God and is called the ordinance of God whence it is inferr'd that obedience and honour is to be given to it and that from the heart and he that resisteth it resisteth God If by Ordinance a thing were to be understood which God only will not hinder as in vicious acts then would there follow thence no obligation either of honour or obedience especially laid upon the conscience nor would the Apostle say any thing where he so much extols and commends this power which might not agree to robbing and stealing It follows therefore that this power be conceiv'd to be ordained by the will of God approoving it whence it further follows that seeing God wills not contraries this power is not repugnant to the will of God revealed by the Gospel and obâ—…iging all men Nor is this Argument avovded because the persons that were in power when Paul wrote are said to have been enemies to Christian piety For first that is not true of all Sergius Paulus Propraetor of Cyprus had given his name to Christ before this time to say nothing of the King of Edessa of whom there is an old tradition grounded as it seems on truth though perhaps a little mixed with fables Moreover the question is not of the persons whether they were impious but whether that function in them were impious we say the Apostle denys that when he saith the function even for that time was ordained of God and therefore to be honoured even within the recesses and secrets of the heart where God alone hath Empire Wherefore both Nero might and that King Agrippa too whom Paul so seriously invites to his Religion might subject himself to Christ and retain the one his regal the other his imperial power a power which without the right of the Sword and of Arms cannot be understood As then of old the Sacrifices according to the Law were pious although administred by impious Priests so Empire is a pious thing although it be in the hand of an impious Prince XVI The third Argument THe third Argument is from the words of John the Baptist who being seriously asked by the Jewish Souldiers many thousands of that Nation served the Romans in their Wars as Josephus and other writers cleerly tell us what they should do to avoid the wrath of God He answered not that they should forsake VVar as he must have answered if that be the will of God but abstain from violence and falshood and be content with their wages To these words of the Baptist containing an approbation of VVar plain enough many answer The Baptists prescripts are so different from the precepts of Christ that we may conceive their Doctrine not to be the same Which I cannot admit for these reasons John and Christ use the same beginning and declare the sum of their doctrine in the same words Amend your lives for the kingdom of Heaven is at hand Christ himself saith the Kingdom of Heaven i. e. the new Law for the Hebrews use to stile the Law by the name of Kingdom began to be invaded from the days of the Baptist. John is said to have preached the Baptism of repentance for the remission oâ—… sins just as the Apostles are said to have done in the name of Christ. Joâ—… requires fruits meet for repentance and threatens destruction to them that bring not forth such fruit He requires works of Love above the Law The Law is saiâ—… to have continued unto John as if 〈◊〉 more perfect doctrine had from him begun And the beginning of the Gospell is deduc'd from John John himself is therefore greater than the Prophets being seâ—… to give saving knowledge to the people and to Preach the Gospell Nor doth 〈◊〉 any where distinguish Jesus from himseâ—… by the difference of precepts only thâ—… things delivered by John more geneâ—…ly and confusedly and in the mannâ—… of rudiments are more plainly and fully declared by Christ the true light but
by this that Jesus was that promâ—…sed Messias the King of a heavenlâ—… Kingdom who should give the poweâ—… of the Holy Spirit to them that believe on him XVII The fourth Argument THe fourth Argument seems to me 〈◊〉 no small weight If the Right 〈◊〉 capital punishments and of defendinâ—… the people by force of Arms againâ—… Robbers and Spoilers be taken away thence will follow licence of wickednesâ—… and a deluge as it were and floud of evils when as although Justice be now executed that stream is hardly kept within the banks Wherefore had it been the mind of Christ to bring in such a state of things as was never heard of doubtless he would in most plain and express terms have commanded that none should give sentence of death that none should bear Arms which command he hath no where promulged for the alleged places are very general or very obscure Now equity and common reason shews not only general words must be restrained and doubtfull words commodiously explained but the propriety and received use of words somewhat declined that a very incommodious and incoherent sense may be avoyded XVIII The Fift Argument FIftly it can be evinced by no Argument that the Judicial Law of Moses expired before the destruction of Jerusâ—…lem wherewith fell both the form and the hope of that Common-wealth for neither is any term prefixed to that Law in the Law itself nor do Christ or his Apostles ever speak of the Cessation of it but as it may seem comprehended in the destruction of the Common-wealth as we have said yea on the contrary Paul saith the High-Priest was set to give judgement according to the Law of Moses Christ himself in the preface to his precepts saith He caâ—… not to dissolve the Law but to fulfill it the sense of which words as to Riâ—…uals is not obscure for the lineaments and shadowings are filled up and compleated when the perfect species of a thing is presented to our view as to the judicial Laws how can it be true if Christ as some do think hath by his comming taken them away But if the obligatior of the Law remained as long as thâ—… Common-wealth of the Hebrews stood it follows that even the Jews converted unto Christ if they were called unâ—… Magistracy could not shun it and thâ—… they ought to judge no otherwise thaâ—… Moses had prescribed Methinks wheâ—… I weigh all things there is not the leafâ—… motive for any pious man that hearâ—… Christ at that time speaking to understand his words in any other sense Thiâ—… I acknowledge before the time of Christ some things were permitted whether in respect of outward impunity or also of inward purity I need not determine which Christ hath forbidden the Disciples of his institution as to put away ones wife for every cause to seek reveng from the judg upon the injurious personâ—… yet between the precepts of Christ and those permissions there is a certain diversity no repugnance For he that keeps his wife and remits the injury doth nothing against the Law yea he doth that which the Law wills most 'T is otherwise with the Judge whom the Law not permits but commands to put the Murderer to death himself becomming guilty of blood before God unless in this case he shed it If Christ forbid him thus to punish the murderer his precept is plainly contrary to the law he dissolveth the law XIX The Sixt Seventh and Eighth Arguments THe sixth is from the example of Cornelius the Centurion who received from Christ the Holy Spirit an undoubted sign of his justification and was Baptized in the name of Christ by the Apostle Peter but that he left his Office of War or was advised by Peter to leave it we do not read Some answer whereas he had instruction from Peter concerning Christian Religion it is to be supposed that he was also instructed to desert his place This were something if it were certain and undoubted that Christ among the rest of his precepts had forbidden War But when that is no where else expressed here at least was a fit place to say somewhat of it that the age to come might not be ignorant of the rules of their duty Nor is it the manner of Luke where the quality of the persons required a special change 〈◊〉 life to pass it over with silence as 〈◊〉 may see elsewhere The seventh Argument like to this is taken from thâ—… which we began afore to say of Sergiâ—… Paulus for in the story of his conversion there is no intimation of his 〈◊〉 nouncing his office nor of any admâ—…nition given him to do so Now thâ—… which is not related as even now 〈◊〉 said when it is of most concernment aâ—… the place requires it is to be conceive not at all to be done The eighth mâ—… be this that Paul the Apostle haviâ—… understood the Jews plot against him willed it to be revealed to the chief Câ—…tain and when the chief Captaâ—… gave him a guard of Souldiers to secâ—… his journy he accepted of it makiâ—… never a word to the Captain or 〈◊〉 Souldiers that God was not pleasâ—… with resisting of force by force And 〈◊〉 Paul was a man who would himself 〈◊〉 mit nor suffer others to omit no occâ—…sion of teaching men their duty XX. The ninth tenth and eleventh Arguments NInthly The proper end of a thing just and lawfull cannot but be just lawfull It is not only lawfull but we have a precept obliging the conscience to pay tribute And the end of Tribute is that the publick powers may have wherewith to defray the charge upon them for the defence of good men and the coercion of the bad Tacitus speaks to our purpose The quiet of the world cannot be had without Arms no Arms without Souldiers pay nor pay without contribution Tenthly Paul speaks thus If I be an offender or have committed any thing worthy of death I refuse not to die Whence I collect that in Paul's judgement even since the publication of the Gospel there are some crimes which equity alloweth yea and requireth to be punished with death Which also Peter sheweth in the first of his Epistles Had the will of God been so now that capital judgements should cease Paul might indeed have made an Apology for himself but he ought not to have left in the minds of his hearers such an opinion as this that it was no less lawfull now than heretofore to put offenders to death Now it being proved that capital punishments are rightly used since the comming of Christ it is withall proved as I suppose that some War may be lawfully waged to wit against a multitude of armed offenders who must be overcome in battail before they can be brought to judgement For the forces of offenders and their boldness to resist as in a prudent deliberation it haâ—… some moment so it diminisheth nothing of the right it self
old servants at Rome now in most places Clerks which Law yet as all of that kind is to be understood with exception of extreme necessity And so much be spoken generally concerning Adjutors and subjects the specials shall be considered in their proper places The end of the first Part. HVGO GROTIVS OF WARRE AND PEACE II. PART I. What are call'd justifick causes of War LEt us come to the Causes of Wars I mean justifick for there are also other which move under the notion of profitable distinct sometimes from those that move under the notion of just which Polybius accuratly distinguisheth one from the other and both from the Beginnings of war such as the Stagg in the war of Turnus and Aeneas But although the difference 'twixt these is manifest yet the words are wont to be confounded For the causes which we call justifick Liâ—… in the Rhodians speech hath also called Beginnings Certainly ye are the Romans who pretend that your wars are therefore prosperous because they are just nor do ye so much glory in the event of them that you overcome as in the beginnings that you undertake them mâ—… without cause Those justifick causes properly belong to our argument whereto is pertinent that of Coriolanus in Halicarnassâ—…nsis I suppose it ought to be your first care that you take a pious and just cause of war And this of Demosthenes As in houses ships and other buildings the lowest parts ought to be most firm so in actions the causes and foundations must be true and â—…ust To the same purpose is that of Dio Cassius We ought to have greatest regard of justice if this be preseut the war is hopefull if not there is nothing certain to any one though he have successe at first according to his minde And that of Cicero Those wars are unjust which are undertaken without cause who elsewhere reprehends Crassus for passing o'r Euphrates when there was no cause of war Which is no less true of publique than of private wars Hence is that complaint of * Seneca Do we restrain homicides and single slaughters Why doe we not restrain wars and that glorious wickedness of slaughtering Nations Avarice and cruelty know no bounds By the Decrees of Senate and people outrages are done and things piivately forbidden are publiquely commanded Wars I grant undertaken by publick authority have some effects of Law as also Sentences of which here after but they are not therefore the less blamable if there be no cause So that Alexander if without cause he warred upon the Persians and other nations is by the Scythians in Curtius and by Seneca too deservedly call'd a Robber by Lucan a Spoyler and by the Indian wisemen unjust and by a certain pirate was drawn into the society of his crime And likewise Justin relates that two Kings of Thrace were spoyled of their Kingdom by his Father Philip by the fraud and wickedness of a Robber That of Augustin is to the same purpose Take away Justice and what are Kingdomes but great Robberies To such agrees that of Lanctantius Deceived vith the shew of vain glory they colour their wickedness with the name of virtue Just cause of taking Arms can be no other than injury The iniquity of the adverse party brings in just wars saith the same Augustin where by iniquity he means injury So in the form of words used by the Roman Herald I call you to witness that people is unjust and doth not performe what is right II. Three just causes of Wars THere are according to most Authors these three just causes of wars Defense Recovery Revenge In which enumeration unless the word Recovery be taken more largely is omitted the prosecution of that which is due to us which Plato omitted not when he said Wars are waged not onely if one be opprest by force or robbed but also if one by deceived With whom agrees that of Seneca It is a most equal word and conformable to the Law of Nations Render what thou owest And in the Herald's formula it was They have not given nor paid nor done the things they should And in Salust By the law of Nations I demand those things Augustin when he said Just wars are those that revenge insuries tooke the word revenge more generally for to take away as the following words do shew wherein is not an enumeration of parts but an addition of examples So is a nation or common-wealth to be opposed which hath either neglected to avenge what was done wickedly by their men or to render what was injuriously taken Upon this naturall knowledge the Indian King as Diodorus relates accus'd Semiramis that she began a war having received no injury And so do the Romans require of the Senones not to fight against them that had done them no wrong Aristotle saith Men war upon such as have provoked them by injury and Curtius of certain Scythians They were manifestly the most just of all the Barbarians they took not armes unless they were provoked III. War is lawfull in defense of life onely against an assailâ—…nt and in present certain danger THe first cause of just war is Injury not yet done but offer'd either against Body or Goods If the Body be assaulted by present force with perill of life not otherwise avoidable in this case war is lawfull even with the slaying of him that brings the danger as we have said afore when by this instance as moâ—… approved we shewed that some private war may be just T is to be noted this right of defense by it self and primarily springs from hence that nature commends every one unto himself not from the injustice or sin of the other from whom the danger is Wherefore although he be without fault as one that warreth faithfully or thinketh me other than I am or is beside himself or affrighted as to some hath happened hereby is not taken away the right of self-defense it sufficeth that I am not bound to suffer what he offereth no more than if another mans beast did threaten me with the danger Whether also innocent persons who being interposed hinder my defense or flight without which death cannot be escaped may be slain is question'd Some even Divines there are that think it lawfull And surely if we respect nature alone with her the respect of society is much less than the care of proper safety But the law of Charity especially the Evangelicall which equals another to our selves plainly permits it not That saying of Thomas if it be rightly taken is true In a true defense a man is not slain on purpose not that it is not lawfull sometimes if there be no other meanes of safety to do that on purpose whence the death of the assailant wil follow but that in this case that death
more meet for the Citizens than the City For in the word free 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Appian speaks there was a manifest fallacy LX. Of Agreements personal and real IT is also a frequent question pertinent here concerning Agreements personal and real And truly if the Treaty was with a free people no doubt but what was is promised them is in its own nature real because the subject is a permanent matter Yea though the state of a Commonwealth be chang'd into a Kingdom the League will remain because the body remains the same though the head being chang'd and as we have said above the Empire which is exercis'd by a King ceaseth not to be the empire of the people An exception it will be if the cause appear to have been proper to that state as if free Cities contract a League to maintain their liberty But if it be contracted with a King the League will not presently be esteemed personal for as it is rightly said by Pedius and Ulpianus the person is for the most part inserted into the Agreement not that the Agreement may be personal but to shew with whom 't is made But if it be added to the League that it shall be perpetual or that it is made for the good of the Kingdom or with himself and his successors such an addition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is usual saith Libanius in his Oration for Demosthenes or for a time defined now it appears plainly to be real Such it seems was the league of the Romans with Philip King of Maccdon which when Perseus his son denyed to concern him a war followed upon that ground Moreover other words and the matter it self sometimes will afford a conjecture not improbable But if the conjectures be equal on both sides it will remain that the favourable be accounted real the odious personal Leagues made for peace or for commerce are favourable those made for war are not all odious as some think but the defensive have more of favour the offensive of burthen Add hereunto that in a league for any war it is presumed that regard is had to the prudence and piety of him who is treated with as one who seemed not likely to undertake a war neither unjustly nor yet rashly As to that saying Societies are broken off by death I do not allege it here for it perteins to private societies and to the Civil Law Therefore whether by right or wrong the Fidenates Latins Etruscians Sabins departed from their league upon the death of Romulus Tullus Ancus Priscus Servius cannot be rightly judged by us because the words of the League are not extant Wherunto that controversy in Justin is not unlike Whether Cities which were tributary to the Medes the Empire being changed had changed their condition For it is to be considered whether in the agreement they had committed themselves to the trust of the Medes But 〈◊〉 Bodin's argument is in no wise to be allowed that leagues do not pass to the successors of Kings because the vertue of an oath goes not beyond the person For the obligation of an oath may bind the person only and yet the promise it self may oblige the heir Neither is it true which he assumes that leagues depend upon the oath as their firmament when for the most part there is efficacy enough in the promise it self to which for Religion sake the oath is added The commons of Rome in the Consulship of P. Valerius had sworn they would come together at command of the Consul L. Quintius Cincinnatus succeeds him being dead Some Tribunes cavill as if the people were not bound by their oath Livie's Judgment follows That neglect of the Gods which this age is guilty of was not yet nor did every one by interpreting for himself make his oath and the Laws comply with his affections but rather accommodated his own manners unto them LXI A League made with a King is extended to him being expelled not to the Invader CErtainly a League made with a King remains although the same King or his succor be driven out of his Kingdom by his Subjects For the right of the Kingdom remains with him however he hath lost the possession On the contrary if the Invader of anothers Kingdom the rightfull King being willing or the Oppressor of a Free people before he hath gotten sufficient consent of the people be assalted by war nothing will thereby be done against the league because those have possession they have not right And this is that which T. Quintius said to Nabis We have made no friendship nor society with thee but with Pelops the just and lawfull King of the Lacedemonians These qualities of King successor and the like in leagues do properly signify a right and the Invaders cause is odious LXII To whom a promise made to the first is due when more have performed a thing together CHrysippus of old had handled this question whether the reward promised to him who came first to the mark be due to both if they came together or to neither of them And truly the word first is ambiguous for it signifies either him who goes before all or him whom no man goes before But because the rewards of vertues are favourable it is the 〈◊〉 answer that Both concur to the reward though Scipio Caesar Julian dealt more liberally and gave full rewards to them that ascended the walls together LXIII How far States are accountable for damages done by their Subjects KIngs and Magistrats are responsible for their neglect who do not use the remedies which they can and ought for the restraint of robbery and piracy upon which score the Scyrians were antiently condemnd by the Amphyctiones I remember a question was propos'd upon the fact when the Rulers of our Country had by their letters given very many power of taking prizes from the enemy at Sea and some of them had spoyled our friends and their countrey being forsaken wandred about and would not return when they were recalled whether the Rulers were faulty upon that account either because they used the service of naughty men or because they had not required of them caution I gave my opinion that they were bound no farther than to punish or yield the offenders if they could be found and to take care that legal reparation might be made out of the goods of the Robbers For they were not the cause of the unjust spoil that was made nor were partakers of it in any wise yea they forbad by their Laws any hurt to be done their friends That they should require caution they were obliged by no Law seeing they might even without letters give all their sublects power to spoil the enemy which was also done of old Nor was such a permission any cause why damage was done to their friends when even private men might without such permission send forth ships of war Moreover
it could not be foreseen whether they would prove evill men and besides it cannot be avoided but we must imploy such otherwise no Army can be raised Neither are Kings to be accused if their soldiers either by land or sea wrong their confederates contrary to their command as appears by the testimonies of France and England Now that any one without any fault of his own should be engaged by the fact of his Ministers is not a point of the Law of Nations by which this controversy is to be judged but of the Civil Law nor this general but introduc'd upon peculiar reasons against seafaring men and some others And on this side sentence was given by the Judges of the supreme Auditory against certain Pomeranians and that after the example of things iudged in a case not unlike two Ages before LXIV Of the right of Embassages AMong the Obligations which that Law of Nations which we call voluntary hath by it self introduced a principal head is of the right of Embassages For we frequently read of the sacred privileges of Embassages the sanctimony of Embassadors the right of Nations right divine and human due unto them and many such like expressions Cicero de Haruspicum responsis My judgment is that the right of Embassadors is secured both by the safeguard of men and also by the protection of Law divine Therefore to violate this is not only unjust but impious too by the confession of all saith Philip in his epistle to the Athenians LXV Among whom the right of Embassages hath place HEre we must know whatever this right of Nations be it pertains to those Legats which are sent from supreme Rulers by one to another For besides them Provincial Legats and Municipal and others are directed not by the Law of Nations which is between one Nation and another but by the Civil Law An Embassador in Livy calls himself the publike messenger of the Roman people In the same Livy elswhere the Roman Senat saith The right of Legation was provided for a foreiner not a Citizen And Cicero that he may shew Legats are not to be sent to Antonius saith For we have not to do with Annibal an enemy of the Commonwealth but with one of our own Country Who are to be accounted foreiners Virgil hath so expressed that none of the Lawyers can more clearly That I suppose a forein Land Which is not under our Command They then that are joind in an unequal league because they cease not to be in their own power have a right of Legation and these also who are partly subject partly not for that part wherein they are not subject But Kings conquerd in a solemn war and deprived of their Kingdom with other Royalties have loft also the right of Legation Therefore did P. Aemilius detein the Heralds of Perseus whom he had conquer'd Yet in Civil wars necessity sometimes maketh place for this right beside the rule as when the people is so divided into equal parts that it is doubtfull on which side the right of Empyre lyeth or when the right being much controverted two contend about succession into the Throne For in this case one Nation is for the time reckoned as two So Tacitus charged the Flavians that in the Civil rage they had violated in respect of the Vitellians that right of Legats which is sacred even amongst forein Nations Pirats and Robbers that make not a Society cannot have any succour from the Law of Nations Tiberius when Tacfarinas had sene Legats to him was displeas'd that a traitour and plunderer us'd the manner of an enemy as Tacitus hath it Nevertheless sometimes such men faith being given them obtain the right of Legation as once the Fugitives in the Pyrenean Forest LXVI Whether an Embassage be alwayes to be admitted TWo things there are concerning Embassadors which we see commonly referrd to the Law of Nations first that they be admitted next that they be not violated Of the former is a place in Livy where Hanno a Carthaginian Senator inveighs against Annibal thus Embassadors coming from our Confederates and on their behalf our good General admitted not into his camp but took away the right of Nations Which yet is not to be understood too crudely for the Law of Nations commandeth not that all be admitted but forbiddeth them to be rejected without cause There may be cause from him that sendeth from him that is sent from that for which he is sent Melesippus Embassador of the Lacedemonians by the Counsel of Pericles was dismist out of the bounds of Attica because he came from an armed enemy So the Roman Senate said they could not admit the Embassage of the Carthaginians whose Army was in Italy The Achaians admitted not the Embassadors of Perseus raising war against the Romans So Justinian rejected the Embassy of Totilas and the Goths at Urbin the Orators of Belisarius And Polybius relates how the messengers of the Cynethenses being a wicked people were every where repulsed An example of the second we have in Theodorus call'd the Atheist to whom when he was sent unto him from Ptolomaeus Lisimachus would not give audience and the like hath befallen others because of some peculiar hatred The third hath place where the cause of sending either is suspected as that of Rabshake the Assyrian to disturb the people was justly suspected by Hezekia or not honourable or unseasonable So the Etolians were warned by the Romans that they should send no Embassy without permission of the General Perseus that he should not send to Rome but to Licinius and the Messenges of Iugurtha were commanded to depart Italy within ten days except their comming were to deliver up the Kingdom and the King As for those assiduous Legations which are now it use they may with very good right be rejected for the no-cessity of them appears by the ancient custom whereto they are unknown LXVII Of not violating Embassadors OF not violating Embassadors is a more difficult question and variously handled by the most excellent wits of this Age. And first we must consider of the persons of Embassadors then of their Train and their Goods Of their persons some think thus that by the Law of Nations onely unjust force is kept from the bodyes of Embassadors for they conceive priviledges are to be understood by Common right Others think force may not be offerd to an Embassador for every cause but on this ground if the Law of Nations be broken by him which is a very large ground for in the Law of Nations the Law of Nature is included so that the Embassador may now be punisht for all faults except those which arise meerly out of the Civil Law Others restrain this to those Crimes which are done against the State of the Common-wealth or his Dignity to whom the Embassador is sent Which also some hold perillous and would have complaint made
Truth fair and laudable Yet on the other side is not wanting Authority neither first Scripture-examples of men approved without any note of reprehension next the sayings of the antient Christians Origen Clement Tertullian Lactantius S. Chrysostom S. Hierom Cassian yea almost all aâ—… S. Augustin himself confesseth so dissenting that he doth nevertheless acknowledg it to be a great question dark and subject to various disputation of learned men Among the Philosophers plainly stand on this side Socrates and his Scholars Plato Xenophon and Cicero somewhere and if we believe Plutarch and Quintilian the Stoicks who among the gifts of a wise man mention a dexterity to ly when and as one ought Nor doth Aristotle seem to dissent in some places whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by it self in the saying afore may be expounded commonly or the thing being considerd without circumstances And his Interpreter Andronicus Rhodius saith of a Physician lying to his Patient He deceives indeed yet is he not a Deceiver He addes the reason For his purpose is not to deceive but to preserve the diseased Quintilian pleading on this side saith There are very many things which are honest or dishonest not so much in the doing as in the causes of them And in the same Orator I read It is sometimes granted to a wise man to tell a ly Eustathius Metropolitan of Thessalonica upon the second of the Odysses A wise man will ly upon urgent occasion Where he also allegeth testimonies out of Heredotus and Isocrates IX Not all use of speech which may be known will be taken in another sense is unlawful HAply some Reconciliation of so disagreeing sentences may be found out from the larger or stricter acception of a ly Neither do we here take a ly as it falls from a man unwittingly as to ly and to tell a ly are distinguisht in Gellius but we speak of that which is knowingly uttered with a signification that agrees not with the conception of the mind whether in understanding or in willing For that which is first and immediatly shewed by words and the like notes are the conceptions of the mind Therefore he doth not ly who speaketh a false thing that he thinketh to be true but who speaketh a thing true indeed which yet he thinketh false He lyeth It is then the falsity of signification which we require to the common nature of a ly Whence it follows when any word or sentence is equivocal and admitteth more significations than one whether from vulgar use or custom of art or some intelligible figure then if the minds Conception agreeth to one of those signications a ly is not made though it may be thought the hearer will take it another way True indeed it is such a speech rashly used is not to be approv'd but it may be honested by the causes annexed to it viz. If it pertein to the instruction of him that is committed to our care or to the avoyding an injurious question Christ himself hath given us an example of the former sort when he said Our friend Lazarus sleepeth which the Apostles received as if 't were spoken of taking his rest in sleep And what he had said about restoring the Temple meaning it of his Body he knew the Jews understood of the Temple properly called so So when he pronised to the Apostles twelve seats of honour and next unto the King after the manner of the Princes of Tribes among the Hebrews and elswhere the drinking of new wine in his Fathers Kingdom he seems to have known well enough that this would not otherwise be taken by them than of some Kingdom of this life with hope whereof they were full to the very moment of Christ's Ascension into Heaven The same our Lord by the Ambages of Parables speaks unto the people that hearing they might not understand him that is unless they did bring such attention and docility as was meet An example of the later sort may be given out of profane history in L. Vitellius with 〈◊〉 Narcissus was instant that he should speak openly and tell him the plain truth yet he did not so prevail but that he gavâ—… answers doubtfull and inclining whither they were drawn The saying of the Hebrews is pertinent here If one knows to use the perplexed speech well if noâ—… let him hold his peace On the contrary it may happen that to use such a kind of speaking may be not only illaudable but wicked as when the honour of God or Love due to our Neighbour or reverence to our Superiour or the nature of the thing in hand exact that the thoughts of the heart be made apparent clearly in the words as in contracts we have said that is to be opened which the nature of the contract is conceived to require in which sense that of Cicero may be fitly taken All lying is to be banished out of contracts and bargains taken from an old Attick Law Where the word Lying seems to be understood so large that it includes also as obscure speech But speaking properly we have now excluded it from the notion of a ly X. The form of a ly as it is unlawful consists in its repugnance to the right of Another IT is then requir'd to the common notion of a Ly that what is said written noted intimated cannot otherwise be understood than in that sense which is different from the mind of the Author And to this larger notion the stricter signification of a ly as it is naturally unlawful must needs add some proper difference which if the matter be rightly examined at least according to the common estimation of Nations no other seems possible to be given beside the repugnance with the existing and remaining right of him to whom the speech or note is directed For that no man lyes to himself how false soever he speaketh is plain enough Right I understand here not of every sort and extrinseeal to the thing but which is proper and connate to this business And this is nothing els but the liberty of judging which Men speaking together are as 't were by a certain tacit agreement understood to owe unto them whom they speak For this and no other is that mutual obligation which men had consented to introduce so soon as they instituted the use of words and the like notes without which obligation such an Invention had been in vain And we require that at the time of speaking that right subâ—… and remain for it may fall out that the right that was may be taken away by another right supervenient as a debt by acceptilation or cessation of the condition It is required further that the right which is impaired be his with whom we speak not anothers as also in contracts injustice is not but from the impaired right of the contractors Hither perchance you may not amiss refer that Plato after
what she had already Wherefore that form of prayer whereby the Gods were entreated to advance the State of Rome he amended praying that they would be pleased but to preserve it as it was The Lacedemonians and at first the Athenians challenged to themselves no Empire over the Cities they had taken only they required them to use a form of Government accommodate to theirs the Lacedemonians under the power of the Chief the Athenians at pleasure of the people as Thucydides Isocrates Demosthenes declare and Aristotle too in his fourth De repub The like was done as Tacitus relates by Artabanus at Selâ—…ucia He committed the common people to the Chief men according to his own use for a popular Government is free the domination of a few more neer to royalty But whether such Changes make for the Conquerors security is not of our inspection If it be less safe to abstein from all Empire over the Conquered the matter may be temper'd so that some part of the government may be left to them or their Kings Tacitus calls it a custom of the Roman people to have Kings also for instruments of servitude So among the Jews the Scepter remâ—…ned in the Sanedrin also after the consâ—…cation of Archelaus Evagor as King of Cyprus as 't is in Diodorus said He would give obedience to the Persian but as a King to a King And Alexander several times offerd to Darius bâ—…g overcome this condition that he should rule over others and be subject unto Alexander We have spoken of mixed Empire elswhere To some one part of the Kingdom hath been left as a part of their Lands to the old Possessors Again when all Empire is taken from the Conquerd there may be left them about private affairs and publick to of less moment their own Laws and customs and their own Magistrats So in Bithynia a proconsular Province the City Apamaea had the privilege to administer the Commonwealth their own way as Pliny tells us in his Episttes and in other places the Bithynian had their own Magistrats their own Senate And so in Pontus the Amisen's City used their own Laws by the favour of Lucullus The Gobths also left to the Romans the Roman Laws A part of this indulgence is not to deprive the Conquerd against their perswasion of the use of their old Religion Which as very grateful to the Conquerd so to the Conqueror it is not hurtful as Agrippa proves in his Oration to Caius related by Philo in his Embassy And in Josephus both Josophus himself and Titus the Emperor object to the rebells of Jerusalem that by the indulgence of the Romans they had so much privilege in their own Religion as to keep out Aliens from the Temple even at the peril of their lives But if the Conquer'd have a false Religion it will belong to the Conquerors care that the True be not opprest which was the care of Constantin when he had broken the party of Licinius and after him of the French and other Kings The last Caution is that even in the fullest and as 't were herile Empire the Conquered be us'd with Clemency and so that their Interest be taken in with the Interest of the Conquerour Cyrus bade the overcom Assyrians be of good cheer They should be in as good case as they had been their King only changed They should have their Houses Lands Wives and Children as in times past and if any one should injure them He and His would right them In Sallust we read The people of Rome conceived it better to get friends than servants and they thought it safer to rule over willing men than forced The Britains in the times of Tacitus did cheerfully come to the musters and pay tribute and perform offices injoin'd them if they were not injur'd Injuries they could not endure being subdued into obedience not yet to servitude That man of Privern being asked in the Roman Senat what peace the Romans could expect from them answerd If you grant us a good Peace faithful and firm if an evil Peace not lasting He adds a reason Believe it no people no man will abide longer than he must needs in that condition that is not pleasing So Camillus said It is the firmest Empire wherewith the subjects are best contented Hermocrates in Diodorus It is not so honorable to overcome as to use the victory with gentleness and moderation LV. Restitution of things unjustly taken away Objections answer'd THings gotten by unjust War are to be restored as we have said above and not onely by those that took them but also by others to whom the things by any means are come For no man can transfer upon another more right than he had himself say the Authors of the Roman Law which Seneca briefly explains No man can give what he hath 〈◊〉 He had not dominion internal who was first Taker wherefore neither will he have it who derives his title from him the second then or the third Possessor hath received that dominion which we call external that is this benefit that every where he is by judiciary authority and power to be maintained as the Owner which yet if he use against him from whom the things were by injustice taken away he will do dishonestly Such things therefore are to be rendred to those from whom they were taken away which we see hath been oft times done Livy when he had related how the Volsci and Aequi were conquer'd by L. Lucretius Tricipitinus saith the spoyl was expos'd in Campus Martius that every one for the space of three daies might know and receive his own The same Historian when he haâ—… shewed that the Volsci were overthrowâ—… by Posthumius the Dictator Part of 〈◊〉 spoyl saith he was restored to the Latins and Hernicians knowing their 〈◊〉 goods part the Dictator sold sub hasâ—… Elswhere Two daies were given the Owners to find out their Goods Polybiâ—… saith of L. Aemilius Conquerour of the Galls He rendred the prey to those from whom 't was taken That Scipto did the same Plutarch and Appian testifie when having taken Carthage he had found many Donatives there which the Carthaginians had brought thither out of Cities of Sicily and other places This act of Scipio's is expressed at large by Cicero The Rhodians restored to the Aâ—…henians for Ships of theirs which they had recovered from the Macedonians Goods also iâ—… former times consecrated at Ephesâ—… which the Kings had appropriated the Romans reduced into their antient slaâ—… But what if such a thing hath passed 〈◊〉 any one in the way of Commerce 〈◊〉 he charge the first owner with the priâ—… he paid for 't It seems he may so far 〈◊〉 the recovery of his desperate possessiâ—… was valuable to him who had lost the thing And if such cost may be requir'd why may not also the estimation of labour and hazard just
as if one by diâ—… had brought up something of anotâ—… man 's lost in the Sea Apposite to 〈◊〉 question methinks is the historie of Abraham when being Conquerour of the five Kings he return'd to Sodom He brought back saith Moses all the goods viz which the Kings had taken apposite is the condition which the King of Sodom offers to Abraham Give me the persons and take the goods to thy self viz. for his pains and danger But Abraham a man not onely of a pious but a noble mind would take nothing for himself save onely of the goods for of them is this narration as by his own right he gave a tenth to God he detracted necessary charges and was pleased some portion should be alotted to his partners in the action Now as Goods are to be rendred to the Owner so also people and their parts are to be restored to those who had right of Government or to themselves if they were in their own power before the unjust force So we learn out of Livy that Sutrium was regained and restored in the time of Camillus The Aeginetes and Melians had their Towns restored to them by the Lacedemonians the Grecian Cities invaded by the Macedonians were freed â—…y Flaminius The same Flaminius also in a Conference with the Embassadours of Antiochus thought it fit the Cities of Asia which were of the Grecian name which Seleucus the Ancestor of Antiochus had taken by war Antiochus had recover'd being lost should be freed For said he the Colonies 〈◊〉 not sent into Aeolis and Ionia to be iâ—… servitude under the King but to the end their Race might be increased and the most antient Nation propagâ—…d through the world There is also a question made of the space of time wherein the internal obligation of restoring a thing may be extinguished But this question between Citizens of the same Empire is to be determined out of their Laws if they grant an internal right and do not consist onely in the external which is to be gathered out of the words and purpose of the Laws by prudent inspection and among them that are foreiners to each other by sole conjecture of dereliction of which elswhere Lastly if the right of War be very ambiguous 't will be best to follow the counsel of Aratus Steyonius who partly perswaded the new Possessors to accept of money rather and yield the Possessions parâ—… perswaded the former Owners to thâ—… it more commodious to have a just prâ—… for it than to recover what they hâ—… lost LVI Of Neuters in War How they are to be used and how to behave themselves IT might seem superfluous to speak of them who have nothing to do with War seeing it is manifest there is no right of War over these Yet because by occasion of the VVar many things are wont to be done against these borderers especially on pretence of necessity we must here repeat what we have said afore that Necessity ought to be extreme that it may give a right over what belongs to another man 't is requir'd moreover that the Owner himself be not in equal necessity and where the necessity is manifest no more is to be taken than the necessity exacteth that is if the custody suffices the use of the thing is not to be taken if the use not the abuse if the abuse be necessary yet is the price of the thing to be restored Moses when the highest necessity urged him and the people to pass through the Land of the Idumaeans first he saith he would pass along the high way and not divert into their Corn-fields or Vineyards if he had need but of their water he would pay a price for it The worthy Captains both Greek and Roman have done the like In Xenophon the Greeks with Clearchus promise the Persians to march away without any damage to the Countrey and if they might have necessaries for money they would take nothing by force Dereyllides in the same Xenophan led his Army through peaceable places without any detriment to 〈◊〉 friends Livy of King Perseus Through Phthiotis Achaia and Thessalia withâ—… doing any harm in the fields through which he passed he returned into his Kingdome Plutarch of the Army of Agis the Spartan They were a spectacle to the Cities marching through Peloponnesus fairly and without hurt 〈◊〉 almost without noyse Velleius reports the like of Sulla Cicero of Pompey Frontinus of Domitian Lampridius of the Parthick Expedition of Alexander Severus Concerning the Gotths Hunnes Alans that served Theodosius the Panegyrist No tumult no coâ—…on no pillaging as Barbarians use bâ—…t if at any time he had scarsity he patienth endured want and by parsimony enlarged the provision which was streighten'd by number Claudian gives the same praise to Stilâ—… and Saidâ—… to Belisarius This was effected by the exâ—… care to provide Necessaries and by good Pay and strict Discipline which Ammian tels us of That none should tread upon the Lands of quiet men And Vopiscus Let no Souldier steal a Click touch a Sheep pluck a Grape exact Oil Salt Wood. And Cassiodore Let them live in the Province in a civil manner nor let their Arms make them over-bold because the Shields of our Army ought to save the Romans from all trouble Adde to these that of Xenephon A friendly City 's not to be compell'd to give any thing against their will Out of these Sayings you may best interpret that Advice of the great Prophet yea one greater than a Prophet Do violence to no man neither accuse any man falsly but be content with your wages Parallel is that of Aurelian in Vopiscus now câ—…ted Let the Souldier be content with his provision let him live of the spoyl of the Enemy not of the tears of the Province Nor has any one reason to think these things are well spoken but cannot be performed For neither would that divine man have given such a charge nor wise Law-givers have requir'd it if it had been in their conceit impossible Besides we must necessarily grant it may be done which we see has been done Therefore have we brought examples whereunto this eminent one is worthy to be added which Frontinus mentions out of Scaâ—… That a Fruit-bearing Tree enclosed within the bounds of the Camp the next day after the Armies removal was found ungather'd Livy when he had related the ill deportment of the Roman Souldiers in the Camp at Sucron and that some of them went abroad by night pillaging the quiet people of the Countrey addeth All this was done by the lust and licence of the Souldier nothing by Military Discipline In one of Cicero's Orations against Verres Thy care hath beeâ—… to pillage and vex the Towns of our peaceable friends I cannot here omit the opinion of Divines which I think most true That a King who pays not his Souldiers duely is
And besides there is one thing more which may be feared most the Boldness of desperate men like unto the fiercest biting of dying beasts But if both Parties seem to themselves equal that indeed in Casaâ—… judgment is the best time to treat 〈◊〉 peace 〈◊〉 est they have Both some confidence in their own strength And wheâ—… Peace is made on whatsoever terms it is by all means to be preserved by reason 〈◊〉 that sanctimony of Faith aforesaid and with all care must be avoided not only perfidiousness but also whatever exaspâ—… rates the mind For what Cicero said 〈◊〉 private you may apply as well to theâ—… publick friendships As they are all to 〈◊〉 maintained with exact fidelity and Reâ—…gion so those especially which after câ—…mities are made up again and restored GOd who alone can do it inscribe these things in their hearts who have the Affairs of Christendom in their hands and grant them a Mind intelligent of Divine and Human Right and ever remembring that she is elected by God to govern man a creature most dear unto himself THE END OUT OF THE LIFE OF S. LUDOVIC HIS CHARGE To his Son IF any Controversy or action be rais'd against thee inquire into the Truth as well on the contrary part as on thy side If thou hast any thing of anothers taken by thy self or by thy Ancestors Restore it quickly Wage no War against any Christian but by the Counsel of Many and when War is unavoidable And in War do no hurt to Church-men and those that have done thee no wrong If Seditions rise among thy subjects quiet them as soon as thou canst See often what thy Officers do and examin their ways and reform what is amiss Let no soul sin reign within thy Kingdom Out of the same King's life written by Joinvil chap. 89. THe King 's great Counsellors reprehended him oft for taking so much pains to make peace among his neighbours saying He did ill to end their wars which would be for his Advantage The King answerd You say not well For if my neighbouring Princes did see me cheriâ—… their Wars they would say I had a pâ—… upon them and hate me and take a time to do me and my Kingdom a mischief Moreover I should provoks the wrath of God against me who blesseth the Peace-makers Certain it is the Burgundians and Lorainers perceiving the Kings Goodness and Justice were so loving and observant of him that they referred theiâ—… differences to his Arbitration I have often seen them come to him for that purpose to Paris and other places wheâ—… the King was resident MEMORIALS OF THE LIFE AND DEATH OF H. GROTIUS LONDON Printed by T. Warren for W. Lee And are to be sold at his shop at the sign of the Turks-head in Fleetstreet 1654. Memorials of the Authors Life and Death He that hath survâ—…yed with a judicious eye the various choyce Learning conteined in this Book cannot but desire to know more of the Author than what the Title shews him That He was The Illustrious Hugo Grotius Men are naturally apt to enquire as He observes and to know as much as they can can of the person whose Actions or writings have any way drawn their attention Who is this man that hath written such things To write the life of this Man perfectly were an enterprize for one more versed both in Books and Men For Me it will be enough to collect out of the Authors own Writings And indeed to describe Grotius who is so able as Grotius and of some of his friends what may represent in some sort so excellent a person to my Readers view and conduce to the perpetuating of his happy Memory among us Englishmen to whom he bare a special Affection And first we will represent that summary of his first years which we find in Meursius 's Athenae Batavae to this effect Hugo Grotius was born at Delf in Holland 4. eid April Anno 1583. He was of an Antient and Noble House His Grandfather of the same name was learned above the model of those darker times and well skild in the three principal Languages Latin Greek and Hebrew His Uncle Cornelius Grotius was professor of the Civil Law at Leyden where he flourished in the good esteem and favour of the best men His Father was Joannes Grotius Curator of that University whose Poems are extant with Lipsius Letters to him and Dousa's verses whose name also hath adorned many learned Mens Books dedicated to Him Being blest with this Hopeful son he used all pains and care in his good education and cherished this great Wit so well that when he was but eight years old viz. Anno 1591. He did fundere versus make verses ex tempore and disputed twice publickly in questions of Philosophy Anno 1598. aet 15. He travelled into France in the train of that incomparable person Joannes Oldenbarneveldius Embassador from the States to the Great Henry and returned honour'd with Royal Bounty and the Friendship of Illustrious Men having before that time begun to set forth notes upon the seven Liberal Arts of Martianus Capella When he had after studied some years at Leyden much endeared unto Scaliger his Father fearing the yong Scholars mind should by the Amenity and delight of human literature and Poesy be drawn away from more profitable employment he was taken off and ascribed among the Advocates at the Hague Anno 1599. and soon after pleaded Causes Yet did not he addict himself so much to that profession but that his Genius led him back and made him often revisit his former studies of Humanity For which he was most dear to the French Embassador Buzanvall to Janus Dousa the Father and many other Persons of Honour About this time the States of Holland began to use his service in penning the History of the most famous War in the whole world Afterward Anno 1607. Commended by the Suffrages of the Courts nominated by the States and elected by the most potent Prince the Admiration of all other Princes Grave Maurice he became Fisci Advocatus Advocate of the Treasury and behaved himself so well in this most weighty office that he received from his superiours a most ample testimony of his diligence and integrity Here perceiving the Trade into India of great Importance to his Countrey that he might stir up the spirits of his Countrymen thereto he wrote a Book De jure Commercii Indicani Again observing after the Truce with the Spaniard the peace of the Common-wealth began to be disturbed by certain dangerous Innovators judging it to be the Duty of a good Patriot to oppose himself against their Designs and to commend unto All the present State he set out a Dissertation entituled De Antiquitate Reipublicae Bataviae After the death of Elias Olden Barneveldius a man not less Noble for his good parts than his family Our Grotius sufferd himself to be chosen into his place Syndic of
vocis exuit foedus Heu quid paramus Lectus orbe de toto Grex ille parvus lancinamur heu faede Iterumque iterum scindimurque discordes Ridente Turca nec dolente Judaeo Felix remota factionibus Vulgi Religio simplex arte non laborata Quae morte Christi certa dilui culpas Hic spem fidemque ponit dari credit Gratis salutem promerentibus poenam Sanctique amoris lene munus exercens Non curat altum sapere nec nimis quaerit An lege certa veniat omne Venturum Exsors malorum quomodo malum nolit Velitque Rector summa quatenus causa Potente nutu velle temperet nostrum Felix ille quisquis ambitu liber Nec vana captans lucra nec leves plausus Coelestiores excitatus ad curas In astra tendit Deum studet nosse Qua se ipse pandit ambulatque suspensis Periculosas gressibus per ambages Non mentientis sila persequens libri Cui charitate temperata libert as Certat manere dissidentibus concors Piaeque purus aequit at is affectus Damnatus aliis ipse neminem damnat Modestiaeque limitem premens donat Nunc verba vero nunc silentium paci Haec saepe populo teste saepe privatim Haec ipsa fato jam propinquus Armini Adhuc monebas cum laboribus vita Longis fatiscens saeculique pertaesus Fastidiosi pertinacts ingrati Indigniore parte fractus languens Meliore sospes illa millibus multis Monstrata per te regna totus arderes Et nunc paterno sidus additum â—…emplo Deum precaris Det gregi suo lucem Hic quanto satis est hac deâ—… esse contentum Det non loquentes sua reperta Doctores Det consonantes semper omnium linguas Aut corda saltem praepotente vi flammae Caliginosas litium fuget sordes Ut spiret unum tota civit as Christi Vitamque terris approbet fidem coelo Did we all follow what is here so well exprest that is humbly submit to plain Scripture not boldly enquire into things unrevealed more exercise our charity and less quarrel about opinions walk in sincerity of heart before God and in uprightness of conversation before men Certainly it would be much better with Christendome than it is at this day But the great fault is that men lay out their zeal upon a sect or side and study not to improve the Common Truths to the Advancement of Peace and Charity But more of this hereafter Among our Author's first works above is mention'd his De Republica Batav of which Himself speaks in an Epistle to Thuanus An. 1610. thus This Book of our Common-wealth I send to you that have framed together not the French Historie onely but the Historie of the whole World with such variety of matter and such elegance of stile that no man could ever have expected the like from one at greatest leisure But I send you a slender work if you look upon the matter containing not the affairs of all mankind no nor of some great Kingdome but of one Nation included within narrow bounds nor all the affairs of this but a breviate onely of the Government Plainly here is nothing for you to love nothing to praise besides a mind like yours viz. most affectionate to my Country and not addicted to Innovation I embrace that saying of Thucydides That scheme of Government which every one hath received it is good for him to preserve That 's your care in a great Kingdome ours in a little Common-wealth Your immortal work though it may please all by the antient elegance of words and variety of matter yet doth it not deserve better of the Readers in any respect than that it makes them both good men and good Subjects We also will be among the Disciples of this Institution and will labour after your example that our fidelity and liberty in all things may be approved In England our Author began the thirtieth year of his Age on Easter day An. 1612. and celebrated the same with these following Verses Christe tui quondam testis de morte triumphi In lucem reduci quae tibi prima suit Haec quoque nascentem me post tot saecula vidit Sancta piis semper bis mihi sancta dies Scilicet ut nequeam geminato munere donec Sum memor ipse mei non memor esse tut Olim quindecimum cum Sol mihi conderet annum Ostendit mthi ver Gallia vere meo Contigimus dextram qua nulla potentior armis Quae quod regnabat debuit ipsa sibi Nunc bis quindecimum luces mihi noctibus aequans Phrixeae Phoebus vellera lustrat ovis Natalisque meus me ditibus aspicit arvis Quae Tamesis puro vitreus amne rigat Vidimus hic illum qui regno maximus unus Est regum regno celsior ipse suo Qui postquam terris datus est sapientiae vera Privatum post hac se decus esse negat Hactenus ista latet sors indeprensa futuri Scit qui sollicitum me vetat esse Deus Duc Genitor me Magne sequar quocunque vocabor Seu tu laeta mihi seu mihi dura paras Sistis in hac vita maneo partesque tuebor Quas dederis Revocas optime promtus eo Post reges visos da regum cernere Regem Natalemque mihi sed sine nocte diem A little before he came into England he had correspondence with Casaubon and consulted him about the Churches peace proposing some expedients to that purpose Casaubon in one Epistle returns him this Answer You have made me happy with your Letters which I lately receiv'd and I cannot express the pleasure I take in your cares and studies of Peace and Concord You see in your Country how easy a thing it is to stir up contentions among brethren how hard to allay them Think every Country to be Holland So great store is there of the lovers of Contention every where who account it a matter indifferent or not so much whether the Church have any peace or no. 'T is a small thing not to love concord I know many that do suspect and hate no men more than peace-makers The more have I admir'd the piety of King James who doth so embrace the study of Truth that he recedes not from the study of Unity The same Casaubon in another Epistle to Grotius The most wise King most studious of Peace and Concord having read your Letter exceedingly praised your piety joyn'd with equal prudence His Majestie could wish that all They who have any hand in the Government of Christian Kingdomes and Common-wealths were of your mind and he doubteth not it would be for the great good of God's Church He also wonderfully approves the counsel you suggest of procuring concord by all means at least among our own If this any way through Gods mercy could be effected the King assures himself Many good men who at this day knowing not whither to
turn themselves amidst our so great discords do groan under the Popes Tyrannie would provide for the liberty of their Consciences I will pronounce nothing of the Papists of other Countryes but of my Countrymen of France I think I may truly say the best of them do wait for the day of the Lord and from their souls detest the maintainers of empty superstitions and of Papal Tyrannie I say more and I say it upon good ground If in our France Reformation had been carried on without so much varying from the form of the Antient Church many thousands more now most a verse from the Doctrine of our Churches had been converted When I have said thus to our Ministers in France I found but few who preferred not their own preciseness before gentle and moderate counsels Here far otherwise minded are both the King and every most learned man of the English Clergy Many of the Bishops in this Kingdome men excelling in learning and piety I have found who day and night study the same thing with you and give themselves continually to the same Cogitations And I doubt not if a beginning were made or if any occasion did arise of effecting that of which you have most prudently written both his most excellent Majestie and the whole Church of England and especially the most reverend Bishops would try all things to promote so good a work His Majestie commanded me to let you understand so much requesting you to continue in the same mind and to communicate your counsels to us Being in England our Grotius persisted in his endeavours of Reconciliation and presented to the learned Dean of St. Pauls Dr. Overal a little Tract of late published entituled Conciliatio dissidentium de re praedestinarâ—… gratia opinionum which the Deâ—… having perused roturns with this judgement upon it Remitto ad Te c. I return to you your Conciliation which is very much approv'd by me but I fear you will not approve it to your Antagonists especially the more rigid Sectators of Calvin's way That Zenonian Sect will hardly yield to moderate sentences in these matters but will tooth and nail adhere unto that fatal doctrine of Predestination in the pure mass or at least in the corrupt the Reprobates that is All men besides their absolutely Elect being excluded from the Redemption of Christ and from sufficient Grace in the intention of God and of Christ. After his return into Holland he prosecuted his Consultation for Peace by Letters to his friends in England and sent over a Copy of the Decree of the States for the ending of those Disputes as appears in another Epistle of Casaubon's 1614. Yours to Dr. Overal I will deliver him my self this day and ask his counsel about your Business He is now not Dean of St. Pauls but Bishop of Lichfield which preferment was conferr'd on him by the most gracious King a month since But such Accidents befall men this Accession of honour was made the less joyfull to him by the Stone or some like disease wherewith he was taken that very day whereon he obtain'd his place I will prevail with him to write you an Answer or if I cannot I will fully declare unto you his opinion The Edict of the most illustrious States I read so soon as I had opened your Packet and noted therein one or two expressions which I would have wished a little otherwise conceived But I will expect the judgement of others and then I will diligently write unto you both my own and their Observations In the mean I cannot sufficiently praise the Design of the most illustrious States in putting a restraint upon curious Heads by this Edict The Lord bless their work I have long been perswaded that the immoderate desire of men to peirce into the secret Counsels of God beyond what the eternal Wisdome hath revealed to us in Scripture is one of the most grievous Evils of our Time The antient Church firmly believ'd there are many mysteries in Christian Religion of which it is better to be silent especially among the Common People than to dispute subtilly I have written much of that opinion of the Antients when I expounded why the Sacraments are called Mysteries Which Argument when I handled and thought upon the modern Controversies I could not forbear to say somewhat of the matter See if you please the beginning of the 564. page The Book now cited by Casaubon is his Exercitations against Baronjus Lond. 1614. upon which Work hâ—… follow Grotius 's Verses which I set dâ—… for the better demonstration of that moderate way these great Scholars followed in the business of Religion wishing thâ—… example may help to reduce others fâ—… extravagancies Annales docti nimium servire Baron Qui legis c. Thus in English The Annals of the great Baronius Approv'd at Rome too too obsequous Believe not rashly The Laborice Book Was over-aw'd by an Imperious looâ—… Errours cloakt under purple Robeâ—… No hope This long time that plain True should please the Pope O Piety where art where is the Mâ—… So valiant against this Age that can Defend thy Cause when Schism aâ—… Faction Passions and Lusts reign o'r Religion Some to impose one as the Head of All To raise Him up consider not who fall Reverehd Antiquity without her choyce Is forc'd against her self to give her voyce Kings to deprive both of their Life and Crown For private Interest to throw Justice down New falshood to commend with an old Name This is the way to Riches and to Fame Some others too guilty of Innovation Call this a free and a pure Reformation To these received Rites displeasing are Lest that to Rome they should approach too near Thus Piety afflicted and long hid Which alwaies to speak Falshood doth forbid And sometimes to conceal Truth weeping past From place to place to find some aid at last Other hands failing Casaubon divine She was not dis-appointed seeking thine I have no wealth to give not the Red Hat Alas said she my Enemies have that Yet have I great Rewards Good Conscience Gratefull Posterity Gods Beneficence Thou heardst and fearâ—…dst not this evil Age That Wars against Peace with perpetual Rage Hence Athenoeus and Polybius now Those Glorious and younger Works which thou Hast wrought and let thy Strabo yield his place And all thy Sons of Roman or Greek race One more Heroick comes The former were Labours of Learning Piety is here Near the same time he wrote an Epistle to Joannes Hotmannus Vellerius which because it touches Concord and the Decree above mention'd may fitly be added in this place I received by the hand of the Right Honourable the French Embassadour your worthy Present viz. Books of excellent Men written on behalf of the best thing yet most despair'd of the peace of divided Christianity To speak my opinion briesly I think if Luther had had the mind of Melancthon and the Patriarch of the West
charitable Reader cannot but be well perswaded of our Author's Innocency and Patience Vertues happily conjoyned in him and appearing also in that Epistle which he sent out of prison to his great friend Du Maurier the French Embassador as followeth To the most Christian King to his most wise Council and namely to you I acknowledge my self more indebted than can be exprest for the labours undertaken to ease my calamities into which I am fallen by the fate of our Commonwealth And although as yet the matter is come to no effect 't is no small refreshment to me to see so good and so great Men compassionating our sufferings The decreed Embassy into France yieldeth now some better Hope but that again is abated by considering how ill-affected they who are sent thither are to us and how easy it is with all sorts of calumny to traduce those who have their voice stopt by the walls of a prison for this reason chiefly that the world may not hear what it concerns them to be concealed Having thus long examined my Cause in the Auditory of my own Conscience more sacred to me than all Tribunals in the inmost recesses of my own Soul I find onely this that my constant purpose was liberty of opinions in things disputable being preserved to retain the Unity of the Church a thing wanting neither old nor new examples I never meant to innovate any thing in the Common-wealth it was my hearty endeavour to maintain their Right to whom Nature hath made me a Subject and my office a Servant and to whom I was sworn that Power remaining in the hand of the Confederates and of the Prince which hitherto they had enjoy'd being conferr'd on them by publick suffrages They that know the matter easily understand this to be our onely crime that we did not act in the Common-wealth according to those Laws which they were about to constitute for their own Interest If upon that account we are depriv'd of our Goods Honours Fame this also is not without example But the worst of all is that both the infirmity of my body is denied the free air and the sadness of my mind the comfort of my friends Yet by Gods assistance I will endure this and whatsoever can be imagined more cruel rather than ask pardon of those things wherein my mind acknowledges no fault If there be any honest way of getting liberty I would owe it to none more willingly than to your King and Kingdome whose infinite merits towards our Common-wealth I alwaies have extolled whose friendship I have commended whose wholsome Counsels I have defended from the calumniation of Enemies both at liberty and in my captivity and the like I shall never cease to do And God grant I may live to transmit unto Posterity together with those publick benefits this private one conferr'd on me by some Monuments of Learning That certainly will be to me the greatest fruit both of my life and liberty But if that be above our Hope yet whatever shall be performed for me and Hogerbet whose cause being most near to mine I equally commend will among our Countrymen of the highest midst and lowest order be most gratefull and glorious I shall here mention also another Epistle a very large one which he wrote in Prison to the same Du Maurier to comfort him after the death of his Wife A rare Soul he had who could administer such excellent consolations to Another when his own Condition seemed to be most uncomfortable But he had a treasure of the best Learning laid up in his memory whence he drew as ost and as much as he pleased That golden work Of the truth of Christian Religion was one of his exercises while he was a Prisoner which he then wrote in Dutch verse for the use of his Countrymen that trade among the Infidels and afterward put the substance of it into Latin prose Another fine piece he wrote likewise in Dutch verse in the time of his Captivity An Institution of Children baptiz'd which was done too by himself afterward in Latin verse I find moreover in one of his Epistles that in his Restraint at the Hague before the use of his Pen was taken from him he was come to the 49. Title of his Florilegy which Title saith he contains an express character of that Time Thus was he wont to speak in his own phrase tristissimum tempus fallere to sweeten the bitter daies of his Imprisonment His happy escape out Prison by an Ingenious Device of his noble and virtuous Wife is recorded by himself in one Of his Poems in these Divine Verses Nos quoque si quisquam multum debere fatemur Conjugio memini post tot tua vota precesque Cynthia cum nonum capto mihi volveret orbem Qualem te primum conjux fidissima vidi Carceris in tenebris lacrymas obsorperat ingens Vis animi neque vel gemitu te luctus adegit Consentire malis rursus nova vincula sed quae Te socia leviora tuli dum milite clausos Nos Mosa tristi Vahalis circumstrepit unda Hic patriam toties inania jura vocanti Et proculcatas in nostro corpore leges Tu solamen eras heic jam te viderat alter Et post se media plus parte reliquerat annus Cum mihi jura mei per te sollerte reperto Reddita tu postquam jam caeca acceperat alvus Dulce onus oppositis libabas oscula claustris Atque ita semoto foribus custode locuta es Summe pater rigido si non adamante futurum Stat tibi sed precibus potis es gaudesque moveri Hoc quod nostra fides lucem servavit in istam Accipe depositum tantisque exsolve periclis Conjugii testor sanctissima jura meaeque Spem sobolis non huc venio pertaesa malorum Sed miserata virum possum sine Conjuge possum Quamvis dura pati Si post exempla ferocis Ultima saevitiae nondum deferbuit ira In me tota ruat vivam crudele sepulcrum Me premat triplicis cingat custodia valli Dum meus aetheriae satietur pastibus aura Grotius casus narret patriaeque suolque Dixerat atque oculis fugientia vela secutus Addit Abi Conjunx neque te nisi libera cernam Quod mea si auderet famam spondere Camaena Acciperet quantis virtutem laudibus istam Posteritas nomen non clarius illa teneret Admeto regina suos quae tradidit annos Quaeque super cineres jecit se arsura mariti Digneque tam Bruti thalamis quam patre Catone Porcia in letum magno comes Arria Paeto Being secretly conveyed out of Prison in a Chest he was brought to a Friends house and so away to Antwerp and thence to France From Antwerp he writes to his good Friend Du Maurier thus Assure your self I shall ever be indebted to you for your good will as much as
if you had brought the business of my Liberty to effect Your Affection was never the less though God prevented you and took unto himself the Glory of the Work And now the Favours you do me and offer me are so great that if any could be equall'd with the Good of Liberty They might which are of much concernment to my life safety and honour I have chosen my first Refuge in this City that I might here explore whether it be a seasonable time for me to go into France while the Embassie of our Countrymen I cannot say of our Friends is there For that reason I have written to the most honour'd the President Janninus But what I expected from him I find abundantly in your Letter Wherefore by Gods blessing I will follow your Counsel Thither will I betake my self and render Thanks to my good Friends that have labour'd so much to procure my Liberty In the next Epistle from Paris to the same Person he saith I learn chiefly by you how great is the constancy of Goodness not swimming in the surface but sunk into the heart So incessant are you in your favours and graces toward me This I perceive by their love whom your love chiefly hath made to be my Friends Putean and Peiresc so soon as they heard of my commlng ran presently to bid me welcome and obliged me by their extreme courtesy The President Janinus sent his Letters to me while he suppos'd I stay'd at Antwerp overflowing with Kindness and which I esteem greatest giving as large a Testimony of our Innocence as could be wisht Thus kind I found Boissizius also whom I met at his own house where he stay'd for me being about to go to Court By the advice of them Both I rest at Paris ready to follow that way for the future which they shall think good to whose wisdom fidelity and friendship I do entirely commit my self At Paris he was recompenced for his tedious restraint by the sweet conversation of his learned Friends Tilenus Cordesius Petrus and Jacobus Puteanus Franciscus Thuanus and others of great note Among whom he dispersed certain Epigrams concerning his fortunate escape to One a most eminent Person he sends this following Epistle with them Liberty the greatest Good of this life and most convenient to Nature hath this incommodity that unwary Mortals can scarce keep a mean in the use thereof This I think happen'd to me when I sent abroad the Epigrams where with I gratulated my self as if they ought not to be Captives when I was freed So they came first into the hands of my Friends then to yours most Eminent Sir whose censure the most serious works may be afraid of 'T was much you read them once but your Desire is to keep them written with my own hand Truly the most pleasant Flowers have but a short beauty and things that commend themselves at first sight if you eye them much and oft â—…eed satiety and disdain Yet I must â—…fill your desire seeing without any â—…esert of mine you have so engaged me â—…y your Humanity that I ought rather to be immodest than disobedient Take therefore what you ask but take them I pray not as Verses but as a testimony of the divine favour and mercy to me that was pleas'd I should spring from a Chest as from the Womb and rise again as 't were out of my Cossin and gave me an auspicious token of the life to come by delivering me from the confines of a most miserable death How joyfully he past his time in France what a concourse of learned men there was unto him what favour he found among the Nobility and Great Officers of State and with the King himself from whom he had Protection and a Pension for divers years what correspondence he held by Letters with his absent learned Friends Peireskius Salmasius and others How he was admitted into the bosom of the Great Chancellor of Suedia Oxenstern and advanced to be Embassador into France for that Kingdome these things that I may not retard the Press I shall leave the Able Reader to pick out of our Author's Epistles Onely you shall hear him tell his Friend Peireskius the news of his Advancement in this loving manner You that have heretofore afforded compassion and faithfull comforts to my Adversity have heard of the Amendment of my Fortunes with joy I doubt not Though the Fame hereof hath prevented my Letter yet I thought it was my duty to signifie to One who hath merited so much of Me and of all Learning and Learned Men that I am sent hither Embassadour of the Queen and Kingdome of Sueden and so being extricated out of the discords both of my Country and of Germany and out of the evils of so long and ambiguous a War I enjoy the sweetness of the French air and of my old Friends So that nothing is wanting to my Happiness as in mortal life besides the sight of your face and the fruition of your discourse Yet may this want partly be repaired by epistolical commerce and partly by serene thought of the secure possession of this our friendship c. I need not tell the Reader that hath any Acquaintance in the Common-wealth of Learning of our Author's Controversy with Dr. Rivet let their Books be compared nor of his Annotations in five or six Folio's upon the whole Bible the largest of them upon the Evangelists is by our learned and judicious English Annotator stil'd Admirable Nor need I reckon up other lesser pieces of our Grotius not yet mentioned or not yet come forth into the light As to this noble Work out of which we have translated these large Selections and left enough to exercise the diligence of some better hand the Author mentioning it to Franciscus Thuanus acknowledgeth the help he had from Books out of his Library And he had need of the Aid of good Libraries the Work being so difsused Nor could he more freely borrow elswhere than from that Library which was furnished by Thuanus the Father for the benefit of all Learned Men. How much the Author was addicted to the waies of Peace and Reconciliation appears afore That the Reader may see his Constancy in such Christian Endeavours and that his example may encline our men to Moderate courses 't will be worth the pains to translate hither what he wrote to Joannes Duraeus a man that laboured much to establish an union of the Evangelical Churches I have alwaies wished and will never cease to wish that the Churches which for most weighty causes have departed from the Pope of Rome may come to a nearer Agreement one with the other and may testifie the same conspicuously Nor am I ignorant having also had some experience how many rubs there are in the way and difficulties from Reasons of State from the suspicions of Divines from the love every one beareth to his own opinions and the desire of
to Rostoch He diverts to Balemannia and sends for Dr. Stochman the Physician who observing the weakness of his body by reason of age shipwrack and the incommodities of the journey presageth the end of his life to be at hand The next day after his entrance into this City which in the old style was the XVIII of August about IX at night he requesteth me to visit him I came and found the Man approaching neer to the agony of death I saluted him and signifyed how happy I should have been to have had conference with him had he been in health His answer was Ita Deo visum fuit Thus it hath pleased God I go on and advise him to compose himself to a happy departure to acknowledge himself a sinner and repent of whatsoever he had done amiss and when as we discoursed I had mentioned the Publican confessing himself a sinner and praying God to be mercifull unto him He answers Ego ille sum Publicanus I am that Publican I proceed and remit him to Christ without whom there is no salvation He replyes In solo Christo omnis spes mea est reposita In Christ alone is placed all my Hope I rehearsed with a loud voice that German Prayer in the German tongue Horr Jesu wahrer Mensch und Gott c. He with closed hands and a low voice said after me When I had done I asked whether he had understood me He answers Probe intellexi I understand you well Afterward I repeated some passages out of the Word of God which dying men are wont to be put in minde of and I ask again whether he understood me I hear your voyce saith he but hardly understand what you say Then he became speechless and in a short time after gave up the Ghost just at twelve midnight Thus have you the Catastrophe of Grotius the last end of this excellent Man's Life His dead Body was committed to the Physicians His Bowells were put in a Vessel of Brass and that they might be laid up in the most honourable place of our principal Church dedicate to the Virgin Mary I easily obtained of the Governours Let him rest in Peace I have received from a good hand that our Author a little before his death declared his Affection to the Church of England and his Desire to end his dayes in the Communion of the same These Collections put together in some haste til One more Able arise to do honour to this Great Man's Memory be pleased Gentle Reader favorably to accept from the Translator Clement Barksdale THE END ERRATA PAg. 1. lin 1. * State p. 6. l. 3 are often l. 4. dele * pag. 94. l. 6. was included in p. 400. CXIII and so restore the following numbers p. 448. l. ult joyning SCRIPTURES EXPLANED Ps. 19. Rom. 7. LAw pure and holy 10 Gen. 14. 20. Blessed be the most high God 15 Deut. 20. 10. Laws of waging war 16 Gen. 9. 5 6. And surely your blood 1â— Gen. 4. 14. Whosoever findeth me 1â— Matth. 5. It hath been said to them of old 23 Lev. 19. 18. Thou shalt hate thine enemy 23. 329. Lev. 24. 20. An eye for an eye 23 Rom. 3. 27. Law of works 24 Rom. 7. 14. Spiritual Law 24 1 Tim. 2. 1. Prayers for Kings and for all 25 Rom. 13. 4. He is the Minister of God 26. 27. 47. Psal. 2. Kiss the son 26 Act. 26. King Agrippa 28 Lu. 3. 14. Be content with your wages 29 Mat. 4. 17. Kingdom of heaven 29 Mat. 11. 13. The Law continued unto John 30 Mat. 5. 17. Not to dissolve the Law 32 Act. 13. Sergius Paulus 34 Rom. 13. Tribute to whom tribute 35 Act. 25. 11. I refuse not to dy 35 Phil. 4. 8. Whatsoever things are honest 36 Eph. 2. 14. Partition wall 36 Esay 2. 4. Swords into Plowshares 37 Mat. 5. 38. Turn the other cheek 39 Mat. 5. 39. If any man will sue thee 39 Mat. 5. 44. Love your enemies 43 Rom. 12. 17. Recompence to no man evil 46. 73 2 Cor. 10. 4. Weapons of our warfare not carnal 48 Eph. 6. 21. We wrestle not against flesh and blood 49 Jam. 4. 1. From whence came Wars 49 Exod. 22. 2. If a thief be found 68 Mat. 26. 52. Put up thy sword 69. 74 Lu. 22. 36. Buy a sword 72 Joh. 18. 8. Suffer these to go away 73 Deut. 17. 14. I will set a King over me 91 Jer. 25. 12. God judgeth Kings 96 2 Sam. 24. 17. What have the people done 98 Dan. 6. 8. Laws unchangeable 113 Psal. 72. 1. Judges Gods 119 1 Sam. 8. 11. Kings right 138 Rom. 13. 2. Whosoever resisteth 139 1 Pet. 2. To the King as supreme 148 1 Sam. 15. 30. Duty of Peers 148 1 Pet. 2. 13. Human ordinance 151 1 Sam. 22. 2. Davids armed men 152 1 Sam. 26. 9. No man can lay hands 154 1 Pet. 4. 13. Suffer as Christians 156 Mat. 10. 39. He that loseth his life 161 2 Chron. 23. Athalia dethroned 167 Jud. 3. 15. The Fact of Ehud 169 2 King 9. Jehu's fact 170 Matt. 22. 20. Tribute to Caesar. 170 2 King 18. 7. Ezechia submits 197 Gen. 1. 29. Mans right 198 Gen. 13. 21. Wells proper 202 Heb. 6. 18. Impossible for God to deceive 224 Jona 4. 1. God repents 225 Josh. 9. Joshua's Oath 226 Matt. 15. 5. Korban â—…0 233 1 Tim. 5. 3. To honour to 〈◊〉 231 Gen. 42. 15. By the life of Pharaoh 233 Mat. 23. 21. He that sweareth by the Temple ibid. Ezech. 17. 12. Oath to the Babylonian 236 Psal. 15. Having sworn to his hurt 238 Mat. 5. 34. Swear not at all 242 2 Cor. 1. 20. Yea and Amen 243 Deut. 23. 7. League with Idolaters 247 Deut. 22. 1. The Jewes neighbour ibid. 2 Chro. 16. 2. Ahazia did wickedly 251 2 Sam. 24. Davids muster ibid. Mat. 5. 45. He maketh his sun 252 2 Cor. 6. 14. What concord hath Christ 253 1 Cor. 10. 21. Ye cannot be partakers 245 Mat. 6. 33. First seek the Kingdom 255 1 Cor. 12. 18. Members of one body 256 2 King 18. Rabshake's message 279 Num. 25. 4. Hanged on a tree 303 1 Sam. 31. 4. Saul's death 307 Joh. 8. 7. Whosoever of you is without sin 311 Proverb God made all things for himself 313 Mar. 14. 21. It had been better 319 1 Joh. 5. 16. Sin unto death 320 Numb 25. Phine as zeal 327 Mat. 5. 44. Do good to enemies 329 Mat. 6. 14. Forgive all 331 Heb. 2. 23. Sins against the Gospel 334 1 Cor. 11. 3. Self-punishment ibid. Matth. 7. 1. Judge not 338 Lu. 23. 34. Pather forgive them 349 Mar. 10. 19. Defraud not 352 Heb. 11. 6. He that cometh to God 365 Lu. 14. 23. Compel them to come in 372 Gal. 4. 29. Persecuted him 378 1 King 14. Children of Saul 402 Deut. 24. 16. Not put to death children 404 1 Cor. 5. 12. Those that are without 417 Rom. 5. 6. Christ dyed for enemies 435 Jer. 27.
13. Serve the Babylonians 445 1 Cor. 9. 7. Who goeth to war 462 Act. 5. 9. Obey God rather 463 Deut. 17. The witnesses stone 470 Matt. 13. 29. Suffer the tares 479 Lu. 24. 28. He made as though 488 Act. 16. 3. Paul circumcised Timothy ibid. Jos. 8. Feigned flight 489 Col. 3. 9. Ly not one to another 490 Mat. 12. 36. Vain speech forbidden 504 Deut. 2. 24. Children and women slain 540 Deut. 7. 5. Abolish Idols 555 Deut. 20. 14. Spoil of enemies 559 Deut. 23. 15. Refuge for servants 570 Esay 58. 5. Restitution 578 Deut. 20. 14. Children and women spared 589 2 King 6. 22. Wouldst thou smite 595 2 King 3. 19. Trees of the Moabites cut up 607 Coll. 4. 1. Masters give unto your servants that which is just 623 Ephes. 6. To forbear threatning ibid. Exod. 21. 26. 27. Liberty due to a servant for a tooth injuriously struck-out 625 Exod. 23. 12. Work to be exacted of servants moderatly ibid. Deut. 15. 13. Servants after a certain time to be manumitted and not without gifts 628 Gen. 14. 16. He brought back all the goods 643 Gen. 14. 21. Give me the Persons and take the goods to thy self ibid. Luke 3. 14. Do violence to no man 645 Rom. 12. 18. As far as is possible and as much as in us lieth we must have peace with all men 659 An Alphabetical Table of the principal Matters A ABsolute Kings 113 Absolution 241 Accusations 338 Acquisition 558 Accidents of War 442 Acts internal 340 Admonitions 434. 575 Adherents 526 Adjutors 170 Agreements 269 Agrippa 28 Aid 257 Alienation 105. 109 Aliens 246 Amalekites 23 Ambition 422 Antiens 56 Antonius 82 Appâ—…ehension 513 Apostolical Canons 63 Apostates 62 Arguments from Moses Law 10 Army 106 Arms. 171 Arms of Subject 472 Arians 377 Arbitrators 429 Assignation 205 Associates 131 Authority 77. 92 Authors 82 B BArclaius 151 Barbarians 255. 356. 414 Benefit 421 Benignity 41 Bishops 60 Brasidas 263 Burial 293 C CAuses of War 173. 407 Cauchi commended 412 Carolus Molinaeus 187 Cain 18 Capital punishments 30 Caius Caesar. 80 Carthage 269 Campanians 88 Captives 541. 567. 594 Charity 453. 478 Christ. 46 Christ's actions 75 Christ's Precepts 24 Christ against swearing 242 Christ's Kingdom 418 Christian goodness 60 Christian Religion 370 Christian Soldier 65 Church-Empire 417 Chief of a league 129 Children 404. 589 Chastity 181 Civil power 83 Cities given 107 Civil War 277 Clients 125 Clemency 346. 438 Clergy 63 Commonwealth 141 Communion 199 Compromise 428 Community 394 Communication 396 Conversion of the Jews 38 Contumely 42 Constantine 58 Conjecture 262 Contracts 292 Controversies 127 Confederates 127. 257 455 Conference 427 Cornelius 33 Courts of justice 67 Covarruvias 186 Crimes 35 Cunning. 484 D DAnger 80. 210 David 152 Damages 274 Defense private 70 Defensive Arms. 152. 177 196 Desert places 218 Dead 300 Delinquent 318 Desertors 340 Deceit 491 Debts 511 Denouncing of War 527 Divorce 41 Dictators 93 Division of supreme power 115 Disgrace 185 Distinctions 263 Dissimulation 485 Dominion 198 Doubts 423 Duty 65 Duell 195 Due 421 E EAster 60 Edessa 28 Effects 534 Efficients 170 Election 101 Empire 29 Empire of One. 89 Empire over the Conquered 572 Embassadors 280 Embassages 276 Emperor universal 415 Ends of punishment 312 Enemies 301. 480 Equity 78 Errors in Religion 375 Evangelical Law 44. 192 252. 328. Evils of War 449 Examples of antient Christians 144 F FAthers 50 False Gods 234 Faith 245 Fals-speaking 497 Feudal obligation 132 Fear 196. 411 Fights needless 601 Force 67. 162 Form of Government 87 Foreiners 277 Fraud 505 Friends 455 Fruit-trees 606 Fugitive 508 Fulness of Power 109 G GArrison 543 Giving 73 God 45. 362 Gods mercy 334 Gods right 69. 479 Goods defended 188 Goods taken 562 Goods of Subjects 509 Gospel-Law 22 Government 95. 140 Guile 483 484 Guardian 40. 96 H HAbitation 218 Hebrew Common wealth 32 Hebrew-Law 8. 10. 246 Hebrew Kings 118 Heir 238 Herald 285 Hercules 353 Hereticks 375 History Ecclesiastical 58 Highest Powers 77. 85 Hostages 542. 601 Human infirmity 342 Husbandmen spared 589 I IEst 501 Iews 153 Iewish soldiers 29 Ignorance 357 Impunity 193. 339. 535 Impost 215 Injury 39. 177 Inferiour powers 79. 147 Invader 165 Instruments 171 Infidels 253 Interpretation 259 Informer 338 Ingratitude 343 Innocent person 451 Infants 538 John Baptist. 29 Joshua's Oath 226 Joseph 500 Irreligion punished 367. 379 Justice 31. 174. 576 Judicial Law 31 Julianus Imp. 65 Judge 67. 338 Judgments 323 Judgment 424 Just on both sides 432 K KIlling 74. 166. 185 430. 581 King 89. 91 Kings subject to God 96. 119 Kings person sacred 154 Kings right 138 King expelled 272 Kingdoms given 109 L LAw 2. 141 Law natural 2. 214 352 Law of Nations 5. 320 516. 562 Law Evangelical 328 Law Mosaical 8. 333 Law human 6 Law divine 7 Law Civil 193. 206. 516 Law of war 561 Lawful 531 Lamech 19 Lands taken 562 Land new found 413 Leagues 246 247 Life 69. 71 Liberty 444 Liberty personal civil 104 Love of enemies 43 Lots 430 Lye 486 487 M MAgistrate 77. 79 Majesty 103 Maccabees 152 Matrimony 245 Malefactors 302 Maâ—…chees 377 Member 181 Merchandise 215 Messias 30 Military orders 53 Military Oath 59 Mixt government 117. 121 Moderation 581. 604 Moses 20 Monuments 296 Mutual subjection 98 Murtherers 547 Multitude spared 601 N NAvigation 217 Necessity 78. 149 207. 448. 476 Neighbour 44 Neighbour's power 197 Nicene Council 60 Notions 363 O OAth of Kings 113 Oaths 220. 504 Obedience 143. 157. 467 Obligation 32. 239 Obstinate resistance 599 Occupation 205 Offenses 350 Offenses against God 358 Offenders yielded up 385 Old men spared 589 Opinion 379 Ordinance 27 P PAul 34 Patience 40. 156 Pardon 45. 344 436 Parents 143 Passage 212 Pay 261 Partakers 380. 392 Permissions 32 Penitents 63 Peace 444. 448 Peace of the Church 65 Peril 71 Peter 74. 498 People 86. 93. 98 Perfidious 238 Penal Law 344 Persecution 373 Piety 368 Pity 331 Powers 47 Possession 170 Poyson 544. 545 Progress in infinitum 96 Principality 100 Princes 101 Propriety 102. 198 Precarious right 103 Protectorship 110 Protection 126 Promise of Rulers 112 Promising words 504 Principles of religion 362 Providence 365 Prophecies 420 Prest-soldiers 463. 471 Proclaming of war 522 Prey 560 Publick person 183 Punishment 309. 400 Pyrate 236 Q QUarrel 180 R RAvishing 551 Revenge 39. 69. 73. 314 Retaliation 42. 289. 598 Resistance 73. 139. 162 Recuperators 127 Religion 157. 360 Restitution 197. 210 Reward 273 Reprizals 414 Repentance 331. 335 Relaxation of Law 349 Receivers 384 Remission of punishment 438 Rituals 32 Right 134. 477 River 211 Right remitted 434 Royal family 85 Robbers 274 Romans 357 Ruler 142. 155 Rules of interpretation 264 Rules of prudence 442 S SAnctuary 60 Saguntines 81. 266 Sanedrin 119 Sacrilege 304. 403 Satisfaction 325 Sacred things 554 Scripture 375 Scythians 244 Sergius Paulus 28. 34 Scholars spared 589 Servants 88 Self defense 17. 182. 195 Sea common 204 Sense of an