the rights of war and peace book ii natural law and enlightenment classics Knud Haakonssen General Editor Hugo Grotius uuuuuuuuuuuuuuuuuuuu ii ii ii iinatural law and iienlightenment classics ii ii ii ii ii iiThe Rights of ii iiWar and Peace ii iibook ii ii ii iiHugo Grotius ii ii ii iiEdited and with an Introduction by iiRichard Tuck ii iiFrom the edition by Jean Barbeyrac ii ii iiMajor Legal and Political Works of Hugo Grotius ii ii ii ii ii ii iiliberty fund ii iiIndianapolis ii uuuuuuuuuuuuuuuuuuuu This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. Frontispiece: Portrait of Hugo de Groot by Michiel van Mierevelt, 1608; oil on panel; collection of Historical Museum Rotterdam, on loan from the Van der Mandele Stichting. Reproduced by permission. ᭧ 2005 Liberty Fund, Inc. All rights reserved Printed in the United States of America 09 08 07 06 05 c 54321 09 08 07 06 05 p 54321 Library of Congress Cataloging-in-Publication Data Grotius, Hugo, 1583–1645. [De jure belli ac pacis libri tres. English] The rights of war and peace/Hugo Grotius; edited and with an introduction by Richard Tuck. p. cm.—(Natural law and enlightenment classics) “Major legal and political works of Hugo Grotius”—T.p., v. 1. Includes bibliographical references. isbn 0-86597-432-2 (set: hard) isbn 0-86597-436-5 (set: soft) isbn 0-86597-433-0 (v. 1: hc) isbn 0-86597-437-3 (v. 1: sc) 1. International law. 2. Natural law. 3. War (International law). I. Tuck, Richard, 1949– . II. Title. III. Series. kz2093.a3j8813 2005 341.6—dc22 2004044217 isbn 0-86597-434-9 (v. 2: hc) isbn 0-86597-438-1 (v. 2: sc) liberty fund, inc. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 contents volume 1 Introduction ix A Note on the Text xxxv Acknowledgments xxxix the rights of war and peace, book i 1 volume 2 the rights of war and peace, book ii 389 volume 3 the rights of war and peace, book iii 1185 Appendix: Prolegomena to the First Edition of De Jure Belli ac Pacis 1741 Bibliography of Postclassical Works Referred to by Grotius 1763 Bibliography of Works Referred to in Jean Barbeyrac’s Notes 1791 Index to This Edition 1815 the rights of war and peace book ii Book II <127> u chapter i u Of the Causes of War; and first, of the Defence of Persons and Goods. I. 1. Let us now proceed to the Causes of War, I mean such as are properly I. What Causes 1 of War may be said to justify it; for there are some Motives of Advantage, sometimes termed justifi- different from just Occasions, that determine us to take up Arms. Polybius able. 2 accurately distinguishes these two Sorts of Causes, the one from the I. (1) See Chap. XXII. of this Book, and Pufendorf, B. VIII. Chap. VI. § 3, 4. 2. In the third Book of his History, where he calls the Motives of Advantage, which induce a Nation to engage in a War, ◊A i t i´ai, Causes, and the Reasons urged for justifying such a Step, Profa´seic, Pretexts, both which, as he observes, precede the ◊A r x h’, the Beginning of the War, that is, the actual Execution of the Design formed, or the first Acts of Hostility, Cap. VI. He then applies this to the War be- tween the Grecians and Persians, and that made on the Romans by Antiochus. In the former two Causes were alledged, viz. the experienced Weakness of the Barbarians, on the memorable Retreat of the ten thousand, who passed through all Asia, while none dared venture to attack them; and King Agesilaus’s Expedition in Asia, which confirmed Philip of Macedonia in that Opinion of the Persians, and put him on making Preparations for attacking them. But his Pretext was, that he designed to revenge the Injuries the Grecians had received from the Persians; and the War did not actually begin ’till his Son Alexander marched into Asia. The Causes given for the latter War, was the Resentment of the Etolians, who in Revenge for the Marks of Contempt given them by the Romans, engaged Antiochus to espouse their Interests. This was followed by a Pretext of freeing the Grecians from the Yoke of the Romans, against whom they animated all the Cities of Greece, and the War begun when An- 389 390 chapter i other, and both from the 3 Beginning of the War, or that which gave Occasion to the first Acts of Hostility, as was the Stag 4 wounded by Ascanius, whence arose the War between Turnus and Aeneas. But tho’ there be a manifest Difference between those three Things, yet theTerms made Use of to <128> express them are commonly confounded. Thus Livy, in the Speech which he puts in the Mouth of the Rhodians, calls Beginnings what we call justifying Reasons. 5 You Romans, 6 (say the Dep- uties) profess to believe that the Success of your Wars are happy, because they are just; and you glory not so much in the Victory that determines them, as in the 7 Beginnings, or because you do not undertake them withoutReason. tiochus landed at Demetrias with a Fleet. All this may be read in the Original, Cap. VI. VII. 3. This is what Virgil calls Exordia pugnae, Aeneid. VII. 40. Grotius. 4. Aen. VII. 481, &c. 5. Lib. XLV. Cap. XXII. Num. 5. 6. Certainly no Nation was so long remarkable for a careful Enquiry into the Justice of the Wars they undertook. Polybius, as quoted by Suidas observes, that The Romans were particularly cautious never to attack their Neighbours, nor appear the Aggressors; but always let the World see they took Arms in their own Defence. Under the Word ◊Embaine. This Dion Cassius shews in his beautiful Comparison of the Ro- mans with Philip of Macedon and Antiochus. Excerpt. Peiresc. (p. 314, &c.) The same Historian elsewhere says, that The Antients (that is, the Romans) had nothing so much at Heart, as that the Wars in which they engaged were just. Excerpt. Legation. And to come to no Resolution without mature Deliberation. Excerpt. Peiresc. (p. 341.) Grotius. The Passage quoted from Suidas appears in the Place specified; but the Lexicog- rapher doth not attribute it to Polybius. The Comparison between the Romans and the two Princes here mentioned, as also that last produced in the Note before us, belong to Diodorus of Sicily. The Reader may see the Places of the Excerpta Pei- resciana, which I have marked exactly. I do not find in the Excerpta Legationum, the Passage here quoted by our Author; which induces me to believe, he has on this Oc- casion also taken one Writer for another. In Regard to the Thing itself, or the glorious Conduct of the Romans, see my 7th Note on § 27. of the Preliminary Discourse. 7. In the same Sense Elian uses the Words Pole´mwn aÿi a◊rxai´. Var. Hist. Lib. XII. Cap. LIII. Diodorus of Sicily, treating of the War between the Lacedemonians and Ele´ans, calls them Profa´seicka’i a◊rxai´, Lib. XIV. (Cap. XVIII. p. 404. Edit. H. Steph.) and Procopius, Dikaiw´ mata, Justifications. Gothic. Lib. III. Cap. XXXIII. See the Beginning of Chap. XXII. of this Book. The Emperor Julian makes Use of the Word uÿpo´jesic. Orat. II. De Laudib. Constantii, (p. 95. Edit. Spanheim). Grotius. the causes of war 391 In which Sense Aelian stiles them a◊rxa’c pole´mwn; and DiodorusSiculus, treating of the War of the Lacedemonians with the Aelians, calls them profa´seicand a◊rxa’c. 2. And these justifying Reasons are indeed our proper Subject here, where it will be no Ways impertinent to mention that of Coriolanus in Dionysius, 8 Let it be your principal Care, that the Cause of your War be just and honest. And Demosthenes, 9 As in the Building of Houses, Ships, &c. the Foundations ought to be firm and solid: So all our Actions and Enterprizes whatever, should be founded on the substantial Basis of Truth and Justice. Thus too Dion Cassius, 10 We ought chiefly to look to the Justice of our Cause; for with that we have Room to conceive good Hopes of the Success of our Arms, and without it we can depend on nothing, even tho’ at first Things should succeed to our Wishes. So also says Tully, 11 Those Wars are unjust that are undertaken without Cause. And in another Place 12 he blames Crassus, because 13 he had passed the Euphrates, When there was not the least Grounds for a War. 8. Antiq. Rom. Lib. VIII. Cap. VIII. p. 468. Edit. Oxon. (486 Sylburg). 9. Olynthiac II. p. 7. Edit. Basil. 1572. The Orator there speaks of the military Expeditions of Philip of Macedon. 10. Lib. XLI. p. 189. Edit. H. Steph. 11. Illa Bella injusta sunt, quae sunt sine causa` suscepta. Thus our Author quotes the Passage, and in his Margin refers us to the third Book of Cicero’s Treatise De Re- publicaˆ. But I do not find those Words in the Fragments of that illustrious Roman’s lost Works; I see only a Thought which bears some Resemblance to it, preserved by St.