The Online Library of Liberty A Project Of Liberty Fund, Inc. Hugo Grotius, The Rights of War and Peace (2005 ed.) vol. 3 (Book III) [1625] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. 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Author: Hugo Grotius Editor: Richard Tuck Editor: Jean Barbeyrac About This Title: Grotius’s Rights of War and Peace is a classic of modern public international law which lays the foundation for a universal code of law and which strongly defends the rights of individual agents - states as well as private persons - to use their power to secure themselves and their property. This edition is based upon that of the eighteenth-century French editor Jean Barbeyrac and also includes the Prolegomena PLL v6.0 (generated September, 2011) 2 http://oll.libertyfund.org/title/1427 Online Library of Liberty: The Rights of War and Peace (2005 ed.) vol. 3 (Book III) to the first edition of Rights of War and Peace (1625); this document has never before been translated into English and adds new dimensions to the great work. PLL v6.0 (generated September, 2011) 3 http://oll.libertyfund.org/title/1427 Online Library of Liberty: The Rights of War and Peace (2005 ed.) vol. 3 (Book III) About Liberty Fund: Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright Information: The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc. Fair Use Statement: This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. PLL v6.0 (generated September, 2011) 4 http://oll.libertyfund.org/title/1427 Online Library of Liberty: The Rights of War and Peace (2005 ed.) vol. 3 (Book III) Table Of Contents The Rights of War and Peace Book Iii Chapter I: Certain General Rules, Shewing What, By the Law of Nature, Is Allowable In War; Where Also the Author Treats of Deceit and Lying. Chapter II: How Subjects Goods, By the Law of Nations, Are Obliged For Their Prince’s Debts: and of Reprisals. Chapter III: Of a Just Or Solemn War, According to the Right of Nations, and of Its Denunciation. Chapter IV: The Right of Killing Enemies In a Solemn War; and of Other Hostilities Committed Against the Person of the Enemy. Chapter V: Of Spoil and Rapine In War. Chapter VI: Of the Right to the Things Taken In War. Chapter VII: Of the Right Over Prisoners. Chapter VIII: Of Empire Over the Conquered. Chapter IX: Of the Right of Postliminy. Chapter X: Advice Concerning Things Done In an Unjust War. Chapter XI: Moderation Concerning the Right of Killing Men In a Just War. Chapter XII: Concerning Moderation In Regard to the Spoiling the Country of Our Enemies, and Such Other Things. Chapter XIII: Moderation About Things Taken In War. Chapter XIV: Of Moderation Concerning Captives. Chapter XV: Moderation In Obtaining Empire. Chapter XVI: Moderation Concerning Those Things Which, By the Law of Nations, Have Not the Benefit of Postliminy. Chapter XVII: Of Neuters In War. Chapter XVIII: Concerning Things Privately Done In a Publick War. Chapter XIX: Concerning Faith Between Enemies. Chapter XX: Concerning the Publick Faith Whereby War Is Finished; of Treaties of Peace, Lots, Set Combats, Arbitrations, Surrenders, Hostages, and Pledges. Chapter XXI: Of Faith During War, of Truces, of Safe-conduct, and the Redemption of Prisoners. Chapter XXII: Concerning the Faith of Inferior Powers In War. Chapter XXIII: Of Faith Given By Private Men In War. Chapter XXIV: Of Faith Tacitly Given. Chapter XXV: The Conclusion, With Admonitions to Preserve Faith and Seek Peace. Passages of Scripture, Illustrated, Examined, Or Corrected In This Treatise . † Appendix Prolegomena to the First Edition of De Jure Belli Ac Pacis Bibliography of Postclassical Works Referred to By Grotius Bibliography of Works Referred to In Jean Barbeyrac’s Notes PLL v6.0 (generated September, 2011) 5 http://oll.libertyfund.org/title/1427 Online Library of Liberty: The Rights of War and Peace (2005 ed.) vol. 3 (Book III) [Back to Table of Contents] THE RIGHTS OF WAR AND PEACE BOOK III Book III<516> CHAPTER I Certain General Rules, Shewing What, By The Law Of Nature, Is Allowable In War; Where Also The Author Treats Of Deceit And Lying. I. We have already seen, not only who may make War, but for I.The Subject and what Reasons too they are permitted to engage in it. We are now Design of this Book. to enquire1 what is allowable in War, and how far, and in what Circumstances it is so. And this we must consider, either simply in itself, or with Regard to some antecedent Promise. What is simply in itself allowable in War, shall be considered first from the Law of Nature, and then from that of Nations. To begin with what Nature allows. II. 1. And here we must observe, First, That in Things of a moral II.In War all Things Nature, as we have often said before,1 thosea Means which necessary to the End conduce to a certain End, do assume the very Nature of that End: are lawful. And therefore we are supposed to be authorised to employ those<517> Things, which are (in a moral, not a physical Sense)2 necessary to the obtaining our just Rights. By Right I understand what is strictly so called, and imports that3 Power of acting which is intirely founded on the Good of Society. Wherefore, as we have remarked elsewhere,b if I cannot otherwise save my Life, I may, by any Force whatever, repel him who attempts it, tho’, perhaps, he who does so is not any ways to blame. Because this Right does not properly arise from the other’s Crime, but from that Prerogative with which Nature has invested me, of defending myself. 2. By which also I am impowered to invade and seize upon what belongs to another, without considering whether he be in fault or no, whenever what is his threatens mec with any imminent Danger; but I am not to claim a Property in it, for that is not necessary to the End in Question, but only to detain it till my Security be sufficiently provided for; as we have elsewhered declared. So by the Law of Nature I have a Right to take from any one what he has of mine,4 and if this cannot easily be effected, I may take what is equivalent to it; ande this I may do too for the Recovery of Debt. And in those Cases I become Proprietor of what I have taken, because there is no other Way of redressing the Inequality that was to my Disadvantage. PLL v6.0 (generated September, 2011) 6 http://oll.libertyfund.org/title/1427 Online Library of Liberty: The Rights of War and Peace (2005 ed.) vol. 3 (Book III) 3. So likewise where the Punishment is just, there all Manner of Violence and Force, and whatever is a Means necessary to execute that Punishment, or is a Part of it, is just too; as Devastations by Fire, or otherwise, provided that they exceed not the Bounds of Equity, but bear a Proportion to the Offence committed. III. We must remember, Secondly, That this our Right is not to III.What is lawful and be accounted for only by the first Occasion of the War, but also right does not arise from other subsequent Causes; as in a Suit of Law, where the only from the contending Party does often acquire and find out a new Right, Occasion of the War, after the Process is commenced, which was not thought of but also from incident Causes in the Course before.