Home › Library › Hugo Grotius › De Jure Belli et Pacis
Primary Source

De Jure Belli et Pacis

Hugo Grotius 1682
Grotius's comprehensive work on the justice and laws of war and peace, foundational to international law and Christian ethics regarding armed conflict.

EEBO-TCP A42237 (TEI), original spelling, printed page numbers. EEBO 11805479; STC/Wing Wing G2126; ESTC R8527

From the text

The opening of the work as printed, in the spelling of this edition.

The Most Excellent Hugo Grotius

The Reverend W: Evats B: D: Aetat: Suae 77.

The Most Excellt: HUGO GROTIUs OF the rights of Peace & Warr Translated into English by the Reverend William Evats B:D:

Printed for Ralph Smith under the Piazza of ye Royall Exch: in Cornhill.

T. Cross Senior Sculpsit.

THE Civil Law, whether that, proper to the Romans, or that appertaining to any other people, many have endeavoured either to expound by large Commentaries, or to expose to present view by Epitomies: But of that Law, which governs most Nations, and the Rulers of diverse People, whether it arise from Nature, or be Instituted by Divine Authority, or whether it be introduced by Custome or Tacite Consent, few have hitherto treated; and none at all either Universally or Methodically: [The usefulness of this Treatise.] though such a Treatise would highly conduce to the Benefit of Mankind. The Excellency of this Science, saith Seneca, is seen in Leagues, Covenants, Articles of Agreement, and Conditions made between diverse free people, and between Kings of Foreign Nations, and in all the Rights of War and Peace. Insomuch, that Euripides prefers it before all other knowledge of things either Divine or Humane; saying,

It's vain, of Things, of Gods, or Men, to boast,

Past or to come: unless what's Just thou know'st.

And indeed, such a Treatise would be so much the more necessary, [The Vulgar Error concerning the Rights of War.] by how much we find many as well in this, as in former Ages, contemning this part of Justice, as if there were nothing in it but an Empty Name. There is nothing more frequent in every mans mouth, than that of Euphemus in Thucydides, To Kings and Cities Imperial, there is nothing Unjust, that is Profitable. [Lib. 6.] And that also which the Athenians (being then the most Potent Party in all Greece) told the Metians, To humane reason, those things are Just, which an Equal Necessity on both sides imposeth: otherwise, whatsoever the stronger Party can and will do, the weaker Party must suffer. As if it were in the power of Fortune to make Oppression just; or, that no Common-wealth could be well governed without Injustice. Whereunto p. iithey usually add, That the Sword is the Common Judge or Arbiter of all differences arising between Kings and Foreign Nations. Neither is this the opinion of the Vulgar only, That all Laws are silenced by War; but some such like sayings do often fall from Men otherwise Learned and Prudent, whereby this Opinion gathers strength. There being nothing more frequently opposed one to another, than Law and Arms: Thus we find them opposed in Enneus, p. ii—to gain their Right,

Not at the Law, but with their Arms, they fight.

The like we find in Horace, who speaking of Achilles, saith,

Nothing by Law, but All, by Arms, he claims.

Old Antigonus laught at him, who beholding him busied in battering the Forts and Cities of his Enemy, [Alber. Gent.] presented him with some Commentaries of Justice. Marius was wont to say, That he could not hear the Cry of the Laws, for the Clashing of Arms. Lysander in Plutarch, laying his hand upon his Sword said, [Plut. Lys.] He that knows how to use This, is the best Judge of the Bounds of Empires. To the same purpose was that of Caesar, Non est Idem tempus Armorum, quod Legum; Arms and Laws do never flourish at one and the same time. Kings, saith Seneca, grant many things blindfold, especially in times of War: for no one man, though Just, can possibly satisfie the desires of so many Armed Men; neither can any one man at the same time perform the Office of a Good Man, and of a Good General. Nay, even Pompey himself, though otherwise very Modest, yet would say, Armatus ut Leges cogitem? What do ye tell me of Laws, that am in Arms? Or as Plutarch frames his Answer to the Mamertines, What, will ye never cease to upbraid us with your Laws, whom ye see begirt with Swords? [Lib. 9.] So easily, saith Curtius, doth War pervert and destroy even the very Laws of Nature. Even among Christian Authors, we find many such like sayings: That of Tertullian shall suffice instead of the rest, Dolus, Asperitas, Injustitia, propria sunt Praeliorum negotia; Fraud, Cruelty and Oppression are the proper Imployments of War. Now they that favour this Opinion, will doubtless object against me, that of the Comoedian,

If Things uncertain, thou with certain Rules

Wilt Guide, thou'lt undertake a Task as Bad,

As he that would with Reason run stark Mad.

Seeing then it would be to no purpose to treat of Right, if there be no such thing; It will very much concern us, to commend and defend this ensuing Discourse, by a brief, but sound Confutation of this Error.

p. iiiBut that we may avoid Confusion in disputing with a Multitude, [This Error confuted.] let us allow them an Advocate; and who fitter than Carneades, who arrived at that heighth and perfection of Eloquence, that he could plead as strongly for Error, as for Truth: This man having undertaken to decry Justice, especially that part of it which we now defend, could find no Argument more forceable, than this, Men, saith he, [Carneades his Argument against Justice.] have ordained unto themselves Laws for Profits sake, various, according to their several manners, which also they often change with the Times: whereas indeed, there is no Natural Law or Right at all. For all, both Men and other living Creatures, are by the meer Guidance of Nature, led to such things, as to themselves are profitable: Wherefore there is either no Justice at all; or if there be any, it is extream folly, because it robs it self to enrich others. But what the Philosopoer here saith, and the Poet after him:

What's Just, or Unjust, Nature can't discern.

must by no means be admitted: For man indeed, is a living body, but far more excellent than all others, and much more differing from the rest, than they do one from another; as may easily be demonstrated by many actions, [Man differs from all other Creatures, and how.] which are proper only to mankind. …

Keep reading

Full text search, AI synthesis across 1,234 Reformed primary sources, and seamless reading — all in one place.

Start Free Trial to Read

Contents

  1. THE PREFACE.
  2. THE EPISTLE TO THE READER.
  3. CHAP. I. What War is, And what Right is.
  4. I. The order of this whole Treatise.
  5. II. War defin'dp. 2
  6. III. Right, as it relates to Action, defined and divided.p. 2
  7. IV. Right as it is a quality divided into faculty and fitness.p. 2
  8. V. Faculty divided into Power, Dominion and Credit.p. 3
  9. VI. This Right is twofold, either Common or Eminent.p. 3
  10. VII. Aptness what it is.p. 3
  11. VIII. Of Expletive and Attributive Justice.p. 3
  12. IX. Right as taken for a rule or Law defined.p. 4
  13. X. This Law of nature defined & distinguisht from that which is not…p. 4
  14. XI. Natural instinct.p. 6
  15. XII. The Law of Nature how proved.p. 7
  16. XIII. Voluntary Laws.p. 7
  17. XIV. Humane Laws divided.p. 7
  18. XV. The Divine voluntary Law divided.p. 8
  19. XVI. The Law given to the Jews did not oblige strangers.p. 8
  20. XVII. What Christians may learn from the Mosaical Law.p. 10
  21. CHAP. II. Whether it be lawful at any time to make War.p. 11
  22. I. The Law of Nature is not against it.p. 11
  23. II. This proved by Histories.p. 13
  24. III. By examples.p. 13
  25. IV. That War is not repugnant to the Law of Nations.p. 14
  26. V. Nor to the Voluntary divine law before Christ.p. 14
  27. VI. Cautions, concerning the lawfulness of war by the Gospel law.p. 16
  28. VII. That it is not repugnant to the Gospel to make War.p. 17
  29. VIII. The Arguments for the adverse opinion answered.p. 20
  30. IX. What the Primitive Christians held as to this.p. 25
  31. CHAP. III. War divided into Publick and private. The Supream Power…p. 31
  32. I. War divided.p. 31
  33. II. That Tribunals being erected, all war is not unlawful.p. 32
  34. III. Neither is it repugnant to the Evangelical Law.p. 32
  35. IV. Solemn War what it is.p. 34
  36. V. Whether a War waged by a Magistrate, that hath not an Authority…p. 35
  37. VI. The Civil Power, what?p. 36
  38. VII. Power Supreme what it is?p. 37
  39. VIII. Not in the people.p. 37
  40. IX. Mutual Subjection refuted.p. 41
  41. X. Cautions in judging of the Supreme Power.p. 41
  42. XI. The Second Caution.p. 42
  43. XII. Some Soveraign powers are held fully, with a right of alienation.p. 42
  44. XIII. Some are held not so fully.p. 44
  45. XIV. Some power not Supreme, yet fully held.p. 44
  46. XV. This appears by the assigning Tutors and Protectors in Kingdoms.p. 44
  47. XVI. Soveraignty not lost by any promise made of any things which…p. 45
  48. XVII. It may sometimes be divided.p. 46
  49. XVIII. Which is ill collected from this, That some Princes will have…p. 46
  50. XIX. Some other examples hither ill drawn.p. 47
  51. XX. True examples.p. 47
  52. XXI. A Confederate on unequal terms may have the Supream Power.p. 48
  53. XXII. Of such as pay Tribute.p. 51
  54. XXIII. Of such as hold their dominions in Feud.p. 51
  55. XXIV. A mans right distinguisht from the exercise of that right.p. 52
  56. CHAP. IV. Of a War made by Subjects against their Superiors.p. 53
  57. I. The Question stated.p. 53
  58. II. War against Superiors as such, unlawful.p. 53
  59. III. The unlawfulness of making war against our Superiors proved by…p. 54
  60. IV. By the Gospel Law.p. 55
  61. V. The practice of the Primitive Christians.p. 57
  62. VI. Inferiour Magistrates ought not to resist the Supreme.p. 58
  63. VII. Of resistance in case of inevitable necessity.p. 59
  64. VIII. That a free people may make War against their Prince.p. 63
  65. IX. Or against King that hath renounced his Kingdom.p. 63
  66. X. Or against a King that would alienate his Kingdom.p. 63
  67. XI. Or a King that Invades the whole body of the people in an hostile…p. 63
  68. XII. And against him who breaks the condition upon which he was…p. 64
  69. XIII. And against him who havlng but one part of the Soveraign power…p. 64
  70. XIV. And against him, who grants such a Licence in certain cases.p. 64
  71. XV. An Usurper how far to be obeyed. The Acts of an Usurper binding…p. 64
  72. XVI. An Usurper may be killed, during the War, if no contract be made…p. 64
  73. XVII. Or by vertue of some antecedent Law.p. 65
  74. XVIII. By his Commission who hath Right to the Empire.p. 65
  75. XIX. Why an Usurper may not be killed, but in one of these cases.p. 65
  76. XX. No private man to be Judge in this case.p. 66
  77. CHAP. V. Who may lawfully make War.p. 66
  78. I. The principal efficient Cause.p. 66
  79. II. Auxiliary.p. 66
  80. III. Or Instrumental, as Servants, &c.p. 67
  81. IV. Naturally no man excused from War.p. 67
  82. CHAP. I. Of the Causes of War, And, First, of War made in our own…p. 69
  83. I.p. 69
  84. II. War made, 1. For Defence. 2. For Redemption. 3. For Punishment…p. 70
  85. III. War in defence of our selves lawful.p. 71
  86. IV. Yet against the Aggressor only.p. 71
  87. V. And where the dangers are certain, and imminent, and not…p. 71
  88. VI. Or for the defence of our Limbs.p. 72
  89. VII. Or for the defence of our Chastity.p. 72
  90. VIII. Yet may this defence sometimes be laudably omitted.p. 72
  91. IX. Our defence against a person publickly useful, unlawful by the…p. 73
  92. X. To kill any man for a slight injury not lawful for Christians.p. 73
  93. XI. To kill any man in defence of our goods, by the Law of Nature not…p. 74
  94. XII. How far lawful by the Law of Moses.p. 74
  95. XIII. How far forth Lawful by the Evangelical Law.p. 75
  96. XIV. Whether the Civil Law doth permit only, or approve of this kind…p. 76
  97. XV. Single Combats when lawful.p. 76
  98. XVI. Of Defence in a publick War.p. 76
  99. XVII. When only to curb the power of a Neighbour Prince unlawful.p. 76
  100. XVIII. Defence in such as have given just cause of War unlawful.p. 77
  101. CHAP. II. Of such things wherein Men have a Right in Common.p. 78
  102. I. The division of what we call Ours.p. 78
  103. II. The original and growth of Propriety.p. 78
  104. III. That some things will not admit of Propriety; as the Sea, taken…p. 80
  105. IV. Places not inhabited are his that first possesseth them.p. 81
  106. V. Birds, Beasts and Fish, the first occupiers, unless restrained by…p. 81
  107. VI. In times of necessity what is properly ours, may be common to…p. 81
  108. VII. But not if the necessity be otherwise avoidable.p. 82
  109. VIII. Nor if there be the like necessity in the right owner.p. 82
  110. IX. Things thus taken are to be restored when we are able.p. 82
  111. X. An example of this right in war.p. 82
  112. XI. In cases of innocent profit.p. 82
  113. XIII. A right to travel by Land or Sea, common to all.p. 83
  114. XIV. Whether Tolls may be imposed on Merchandises.p. 84
  115. XV. A right in common to stay for a time.p. 85
  116. XVI. A right to inhabit for such as are expelled their own Country.p. 85
  117. XVII. Especially places desart, and untilled.p. 85
  118. XVIII. A right to such acts without which men cannot well live.p. 86
  119. XIX. A right of buying necessaries.p. 86
  120. XX. But not always to sell.p. 86
  121. XXI. A Right to contract Matrimony.p. 86
  122. XXII. A Right to do such acts as were permitted to all strangers.p. 86
  123. XXIII. I mean such as are permitted by the Right of nature, not out…p. 86
  124. XXIV. Whether to engross all the fruits of one kind be lawful.p. 87
  125. CHAP. III. Of the Original Acquisition of things; where also of the…p. 88
  126. I. How things become ours originally.p. 88
  127. II. Other means refuted.p. 88
  128. III.p. 88
  129. IV. Occupancy two-fold, of Empire or Dominion.p. 88
  130. V. That the Right of Possessing things movable may by Law be…p. 89
  131. VI. Upon what Right the Dominion of Infants and Mad-men is grounded.p. 89
  132. VII. That Rivers may be possest in our own proper Right.p. 89
  133. VIII. Whether the Sea may be so.p. 89
  134. IX. Not so of old in some parts of the Roman Empire.p. 89
  135. X. That the Law of Nature doth not hinder, but that part of Sea…p. 90
  136. XI. How such possession is gained, and how long it lasts.p. 91
  137. XII. Such Occapancy hinders not our Right to Traffick innocently by…p. 91
  138. XIII. That the Soveraignty over some parts of the Sea may be possest…p. 91
  139. XIV. Of the lawfulness of taking Tolls by Sea.p. 93
  140. XV. Some people by agreement forbidden to sail beyond such bounds.p. 93
  141. XVI. Whether a River changeing its course, changes the bounds of the…p. 94
  142. XVII. What if the waters do wholy forsake the Channel.p. 95
  143. XVIII. The whole River sometimes belongeth to one Territory, and none…p. 95
  144. XIX. That things clearly deserted become the next occupants.p. 95
  145. CHAP. IV. Of a Presumed Dereliction and the following Occupancy: And…p. 97
  146. I. Long possession of no force among different Nations.p. 97
  147. II. Yet it is sometimes pleaded by them.p. 97
  148. III. How things may be said to be forsaken.p. 98
  149. IV. But by deeds done.p. 98
  150. V. And deeds not done.p. 98

and 833 more sections

Other works by Hugo Grotius

The Truth of the Christian Religion
→
Of the Authority of the Highest Powers About Sacred Things
→
A Defence of the Catholic Faith Concerning the Satisfaction of Christ
→
De Rebus Belgicis
→

Related works

A Discourse of the Damned Art of Witchcraft
William Perkins
→
America's Appeal to the Impartial World
Moses Mather
→
De Jure Regni apud Scotos
George Buchanan
→
Lex, Rex: The Law and the Prince
Samuel Rutherford
→
Objections Answered by Way of Dialogue
Thomas Helwys
→

Browse the full Reformed theology catalog — 1,234 primary sources.