THE ILLUSTRIOUS HVGO GROTIUS OF THE LAW OF WARRE AND PEACE WITH ANNOTATIONS .

III. PARTS . AND Memorials of the Author's Life and Death .

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.

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 of Justice , O Just & peaceable King , Crown your Majesty ( neerest to His ) as with all other happiness , so with this also , the procuring of a Just & Universal Peace . 1625.

THE Civil Law , whether Roman , or that which is proper to any other Countrey , many Writers have attempted either to illustrate with Commentaries , or in a more compendious way to propose unto their Readers : But , that Law which is between many Nations , or their Rulers , whether proceeding from Nature it self , or constituted by divine precepts , or introduced by customs and tacit agreement , Few have touched , None have hitherto handled universally , and in a certain order , when yet the Doing hereof is of much Concernment to Mankind . For , Cicero truly call'd this an excellent Science , in Leagues , Covenants , and Agreements of several people , Kings and forein Nations , and in all Rights of War and Peace . Euripides also † † Sic enim Theoc'ymenem compellari facit : Nam turpe id essct , cum scias hominum ac Deûm Quod est eritque , justa te haud cognoscere . prefers this science before the knowledge of divine and humane things . 1. This Work is the more necessary , because , both in our age there are , and in former times there have been some , who so contemned this part of Right and Law , as if it were onely an empty word , and had no real existence . That saying of Euphemus in Thucydides , is almost in all mens mouths , * * Thucyd. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Likewise , in the first Book , the Athenians being at that time in their pride , say thus to the Melians : Humane reason judgeth those things just which are necessary ; and things possible to be done , are done by the mighty , and suffered by the weak . That nothing is unjust , which is profitable to a King or Common-wealth having power . Whereto that is like , In the highest Fortune that is more right , which is more prevalent . And , A Common-wealth cannot be govern'd without injury . Adde hereunto , that Controversies arising between Nations or Kings , commonly have no arbitration , but are determined by force . Now , this is not onely the opinion of the Vulgar , that War is very far distant from all right and equity , but even learned and prudent men do often let fall words favourable to that opinion . For nothing is more frequent than Right † † Ennius : Non ex jure manu consertum , sed magè ferro Rem repetunt . Horatius de Achille : Jura negat sibi nata , nibil non arrogat armis . Alius de alio : Hic pacem temerataque jura relinguo . and Arms opposed one to aother . Old Antigonus derided one that presented to him a Commentary of Justice , when he was assaulting Cities . And Marius said , He could not hear † † In Plutarch , Lysander shewing his sword , saith : He that hath this in his hand , best dis●…utes of the bounds of his dominion . And Caesar in the same Author : Laws have no place in the time of war . And Seneca saith , Princes , in war especially , give with their eyes shut ; One man cannot satisfie so many armed usts : nor can he at the same time act the good Man and the good General . De ben. lib. 4. c. 38. the Laws for the clashing of Armour . That very Pompey , of so bashfull a Countenance , was bold to say , What ? would you have me think on Laws , now I am armed † † Plutarch relates this saying of Pompey to the Momentines , thus : Will you never leave prating of the Laws to us that wear Sword●… ? Curtius , lib. 9. So , doth war overthrow even the Laws of Nature . ? In Christian Writers many sayings of the like sense occur : One of Tertullians may suffice instead of all : Deceit , rigour , injustice , are the proper businesses of wars . All that are of this mind , will ( no doubt ) object against us that in the Comedy * * Terent. Incerta haec , s●…tu postules Ratione certa facere , nihilo plus agas , Quam si des operam , ut cum ratione insanias . : These uncertain things , if you seek to order by certain Reason , you do but endeavour to be mad with Reason . Wherefore , seeing in vain is any Disputation of Right , if there be no such thing , it will pertain to the commendation and defence of our work , that this very great Errour should briefly be refelled .

Now , that we may not have to do with the Multitude , let us allow them an Advocate : and whom rather than Carneades , who had attained to that , which was the height of his Academy , that he could put forth the strength of his Eloquence for Errour no less than Truth . He therefore , when he had undertaken to oppose Justice , that especially of which we treat , found no stronger Argument than this : That Men had established for themselves various Laws ( with respect to their Utility ) according to their Customs ; and among the same Men often changed with the times : That there is no natural Right or Law ; But , that all Men , and other living Creatures , are carried by the guiaance of Nature to things profitable for them : Wherefore , there is no Justice ; or , if there be any , it is extreme Folly , because it hurteth it self , taking care for the benefit of others .

But , what the Philosopher saith here , and the Poet followeth * * Nec natura potest justo secer●…re bonestum . , That Nature cannot make any difference 'twixt right and wrong , must not be admitted . For , Man indeed is an Animal , but excelling all the rest , and differing farther from them , than they do from one another : Which is confirmed by many Actions proper to Mankind . And , among these things that are proper to Man , is the Appetite of Society , that is , of Community , not of any sort , but Quiet , and ( according to the measure of his understanding ) Orderly , with those of his own kind : which the Stoicks call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 † † Chrysostom on the Rom. Hom. 30. saith , we men have by nature society with men . What else 〈◊〉 when even the Beasts have so too . See the same Father in the 1. Ch. to the Eph. where he shews , that we have given unto us by nature , the seeds of virtues . Marc. Antoninus , that Philosopher in the Throne : It hath appeared , that we are born for Society . Is it not plain , worser things are ordained for the Better , and the better for one another ? . What is objected then , that every living Creature is by nature carried onely to its own profit , so universally taken , ought not to be granted . For , even some of the meer Animals , in some sort , restrain * * It is an old Proverb , A Dog eats no Dogs-flesh . Juven. Tigris agit rabida cum Tigride pacem : Parcit cognatis maculis sera . Philo hath an excellent passage upon the fift Command : Be you Men imitators of the mute Creatures . They are taught to requite benefits , &c. See Porphyry ( de non esu animal . 3. ) of the exceeding care of Doves about their young ones . the desire of their own profit , with a respect , partly of their Issue , partly of others of their own kind . Which , in them truly , we think proceeds from some external intelligent principle ; because , in other actions not more difficult than the former , they do not discover such intelligence in themselves . And the same is to be said of Infants : in whom , before all Discipline , there shews it self a certain propension to do good to others , prudently observ'd by Plutarch : as also , in that Age Compassion breaketh forth of its own accord . But , in a Man of perfect Age , knowing to do like things in the like manner , with an exceeding appetite † † Mar. Antonin . l. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And he saith , One may more easily find a thing of an earthly nature not inclining to the earth , than a man separating from Mankind . Adde August . de doct. Christ . l. 3. c. 14. of Society , having Speech , the peculiar instrument thereof , as his priviledge above all other Creatures , we must conceive there is an Ability of Understanding and Working , according to general precepts ; and the things agreeable thereto , belong not now to all living Creatures , but are peculiar to humane nature . Now , this custody * * Nam quo alio tuti sumus , quam quod mutuis juvamur officiis ? hoc uno instructior vita , contraque incursianes subit as ●…citior est , beneficiorum commerc●…o . Fac nos singulos , quid sumus ? praeda animalium & victimae , ac vilissimus & facillimus sanguis . quoniam caeteris animalibus in tutelam sui sat is virtum est . quaecunque vaga nascuntur , & actura vitam segregem , a●…mata sunt . hominem imbecillitas cingit : non ●…guium vis , non dentium , terribilem caeteris fecit . duas res dedis , quae illum obnoxium caeteris validissimum sacerent , rationem & societatem . It que qui par esse nulli posset si diduce●…tur , rerum potitur , &c. Seneca 4. de benefic . c. 18. of Society ( which we have thus rudely expressed ) convenient to humane Understanding , is the fountain of that Law , which is properly called by such a name : to which pertains Abstinence from that which is Anothers ; and if we have any thing of that sort , or have gained by it , Restitution ; Obligation to fulfill promises ; Reparation of Damage unjustly done , and the Merit of Punishment amongst Men.

From this signification of Law is derived another more large : for , because Man above other Animals , hath not onely that social virtue which we mention'd , but also judgement to discern what things delight or hurt , not present onely , but future ; and what things can lead to either ; it is convenient to humane nature , according to the measure of humane understanding , in these things also to follow a rectified judgement , and neither to be corrupted with fear , or the allurement of present pleasure , nor to be transported with any impetuous rashness : And that , which is plainly repugnant to such a judgement , is also conceiv'd to be against the Law of Nature , to wit , humane .

What we have now said , would have some place , though we should grant , which cannot be granted without the highest sin , That there is no God : or , That he hath no Care of humane Affairs : the contrary whereof being implanted in us , partly by Reason , partly by perpetual Tradition , and confirmed by many Arguments and Miracles testified in all Ages , it follows , that we must without exception obey God , as our Maker , to whom we owe our selves , and all we have : especially , seeing he hath many waies declared his infinite Goodness and Power ; So that , he is able to give unto those that obey him greatest Rewards , and eternal , being himself eternal ; and may be believed willing ; and much the more , if he hath expresly promis'd it : Which we Christians , convinced by undoubted testimonies , do believe . This is now another fountain of Law , beside that natural , coming from the free will of God * * Inde M. Antonino judice , lib. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He that is unjust , is irreligious , in the judgement of that Philosophick Emperour . , to which , that we ought to be subject , our own understanding doth irrefragably dictate to us .

Moreover , that natural Law of which we have spoken , ( whether it be the Social , or that which is more largely so called ) though it proceedeth from principles internal to man , yet it may deservedly be asscrib'd to God * * Chrysost. 1. ad Cor. 11. 3. Cum naturam dico , Deum dico ; ipse enim est naturae opifex . , because it was his will that such principles should be in us : in which sense Chrysippus and the Stoicks said , The Original of Law came from no other Head but Jupiter † † Jus à Jovis nomine dictum , nisi forte veriùs pe●… abscissionem , ut ex ostum os , va ex justum , jus , jusis , postra ju is , ut ex pap●…si , Papi 〈◊〉 . d. quo vid Cic. l. 9. epist. 21. Chiy fig. 3. de Diis : Non po t●…st inveniri principium oliud aut origo justiciae , quàm ab j v. & communi natura . Inde enim initium duci debet , ubi de botis ma●…isque disserendum est . . Adde , that God , by Laws given , hath made the said principles more conspicuous , even to men of Weaker minds : and those impetus and passions regarding our selves and others , and drawing us several ways , He hath forbid to wander , regulating their vehemency , and keeping them in compass . And the sacred Historie , besides that which consists in precepts , doth not a little excite that social affection , by shewing that all men are descended from the same first Parents : so that , in this sense may be rightly said what Florentinus said in another , Nature hath made us all Kinsmen : Whence it follows , that 't is impiety for one man to be treacherous to another * * Leg. ut vim. D. de just. & ju . . Among men , Parents are as it were Gods † † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hier. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ph. l. Secunda post Deum federatio . Hieron . Dcorum simulacra . Pla. Horos parentibus ut dits debetur . Arist. ; to whom therefore , not an infinite , but a peculiar observance is due .

And further , being it is a point of the Law of Nature , to stand to Covenants , ( for some way of binding themselves was necessary among men , nor can any other natural way be imagined ) from this very fountain Civil Laws have flowed . For , they that had joyned themselves to any Assembly , or subjected themselves to Man or Men , had either expresly promis'd , or by the nature of the business ought to be understood to have promis'd tacitly , That they would follow what either the major part of the Assembly , or Those to whom power was given , had constituted . Wherefore , what Carneades and others say * * Utilitas justi propè mater & aequi . Ad quem locum Acron , aut quisquis est vetus Horatii interpres : Repugnat praeceptis Stoicorum . ostendere vult justitiam non esse naturalem , sed natam ex utilitate . Contra hanc sententiam , vide quae disputat Augustinus , de doct. Christ . l. 3. c. 14. , That Utility is even the Mother of Justice and Equity , if we speak accurately , is not true . For the mother of Natural Law is humane nature it self , which would carry us to a desire of mutual society , though we wanted nothing : but the mother of Civil Law is the very obligation by consent , which having its vertue from the Natural Law , Nature may be call'd the Grandmother of this Law also . But to Natural Law Utility is added : for the Author of Nature was pleased we should be weak singly , and stand in need of many things usefull to our life , that we might the more vigorously embrace Society : To the Civil Law , Utility gave occasion : for that consociation or subjection aforesaid , began to be ordained for some Utilities sake . And they that prescribe Laws to others , are wont , or ought , to respect some Utility therein .

But , as the Laws of every Common wealth respect the interest and profit of the same ; so , between Common-wealths , either all , or most , some Laws may have arisen from Consent , ( and it appears they have arisen ) which might respect the Interest , not of several Societies , but of the Whole . And this is that which is call'd the Law of Nations , as oft as that name is distinguisht from Natural Law . Which kind of Law Carneades omitted , distributing all Law into Natural Law , and the Civil Law of single Nations : when yet , being to treat of that Law which is common to Nations one with another ( for he added a discourse of War , and things got by War ) he ought by all means to have mentioned the same .

And it is another errour of Carneades , to traduce Justice by the name of Folly . For , as by his own confession , the Citizen is not a fool , who follows the Civil Law in the Common-wealth , though for his reverence unto it he must omit some things profitable to himself : So , neither is that people foolish , that value not so much their own Interest , as to neglect therefore the Common Law of Nations . The reason is the same in both . For , as a Citizen † † Antoninus useth this similitude appositely , lib. 9. Whatsoever action of thine hath not respect , either near or remote , to the common Good , it makes a breach , and is against the peace , and seditious , like him that separates himself from the people . And as the same Antoninus saith , What is good for the Hize , is good for the Bee . , who breaks the Civil Law for his present Commodity , breaks that wherein his own and his posterities perpetual benefit is contain'd : Even so a people violating the Laws of Nature and Nations , destroy the muniments of their own Tranquillity for the future .

Again , though no profit were expected out of the observation of Law , yet were it a point of Wisdome , not of Folly , to be carried unto that , to which we feel our selves directed and enclined by our nature . Wherefore , neither is that * * Jura inventa metu in justi fateare necesse est . which one hath in Plato , Laws were found out through fear of receiving injury , and Men are forcibly drawn to advance justice , universally true . For that pertains onely to those Institutes and Laws , which are invented for the more facile execution of Law : as , Many weak of themselves , that they might not be opprest of the stronger , conspir'd to institute , and by united force to maintain Courts of Justice , that all together might prevail against those they could not match single . And in this sense may that Saying be well taken , Law is that which pleaseth the Stronger , conceiving Law to want its external end , unless it have Force to back it : as Solon did very great matters , * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ovidius : Valet causa , causamque tuentibus armis . joyning Might and Right together , as he said himself . Yet doth not Law , though destitute of Force , want Effect altogether ; for Justice brings security to the Conscience , Injustice torments and tearings , such as Plato describes in the breasts of Tyrants . Besides , the consent of honest man approves of Justice , condemns Injustice . And , which is the greatest of all , this hath God for an Enemy , that for a Friend ; who doth so reserve his judgements after this life , that he often too represents the power of them even in this life , as Histories do shew by many examples .

Now , whereas Many require not that justice in a State or Governour , which they exact of private Men ; the Cause of that errour is , first , in that they consider nothing in the Law , but the Profit arising thence : Which is evident in single Citizens , unable to defend themselves ; but great Cities and States , seeming to contain all things in themselves , which are needfull for the well supporting of life , seem not to have need of that virtue that looks abroad , and is called Justice . But ( not to repeat what was said , that Law was not onely provided for profits sake ) there is no Common-wealth so strong , that may not sometime stand in need of help from without ; either for commerce , or also for repelling the Forces of many forein Nations united together against it : Whence we see the most potent States and Kings have desired Leagues , all virtue whereof is taken away by those that confine Law within the bounds of a City . It is most true , * * Omnia sunt incerta , cum à jure discessum est . Cic. ep. 11. 16. Plutarch blames that saying of Pyrrhus , That he should be his Heir who had the sharpest sword , as a bloody speech , adding , So unsociable and savage is Ambition . Take away Law , and all things are uncertain . If there be no Community that can be conserved without Law , ( which Aristotle proved by a memorable example of Thieves † † Thieves , if they be not true to one another ( saith Polybius , 4. ) and do not keep a Law among themselves , cannot subsist . ) certainly that which binds Mankind and many Nations together , hath need of Law : as he perceiv'd who said , Unhonest things are not to be done , no not for ones Countrey . Greatly doth Aristotle * * Platarch in his Agesilaus , saith , The Lacedemonians know no honesty but prosit , nor law but that which makes for the advantage of Spá●…ta . The Athenians in Thucydides , l. 5. say of the same , That they are civil to one another ; but , in respect of others , that seems honest , which is pleasant ; just , which is profitable . accuse them , who , when they would have no man govern among themselves , but he that hath right , have no regard of right or wrong toward Foreiners . That same Pompey , whom we named afore on the other part , corrected this Speech of a Spartan King , That Common-wealth is most happy , whose bounds are terminated by the Spear and Sword , saying , That 's truly blessed , which hath Justice for its bounds : to which purpose he might have used the authority of another Spartan King , who preferred Justice before Military Valour † † Agesilaus , when he heard the Persian King stiled Great , How , saith he , is he Greater than 〈◊〉 am , unless he be Juster ? , upon this ground ; because Valour must be govern'd by Justice ; but if all men were just , there would be need of Valour . Valour it self is defined by the Stoicks to be a virtue fighting for equity . Themistius elegantly shews , that Kings , such as the rule of Wisdome requires , have not a tender eye onely to one Nation committed to their trust , but to all mankind , being , as he speaks , not * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lovers of Macedonians , . or * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Lovers of Romans , but * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Lovers of Men † † Excellently Autonmus : As I am Antoninus , Rome 〈◊〉 my Country ; as I am a Man , the world . . * * Vide cyril lum adversus Julianum , l. 6. Minos his name was hated among Posterity , because he restrained equity to the bounds of his Empire .

But so far is it from Truth , which some imagine , that all Laws cease in War ) War ought neither to be undertaken , but for the obtaining of right , nor to be waged , being undertaken , but within the limits of Justice and Faith . Well said Demosthenes , War is against them , who cannot be ruled by Judgements ; for Judgements prevail upon them , who feel themselves weaker : but against them , who make or think themselves equal , Arms are taken up , which truly , that they may be right , are to be exercised with no less religion , than Judgements are wont to be exercised . Let the Laws then be silent among Arms , that is , those Civil Judiciary Laws which are proper to peace , not those other Laws that are perpetual , and accommodate to all times . For it was excellently said by Dion Prusaeensis , Written Laws indeed , that is , the Civil , prevail not among Enemies , but the not-written Laws prevail † † K. Alfonsus being asked , Whether he owed more to Books , or Arms , said , He had learned out of Books , both Arms , and the Laws of Arms. Plutarch saith , There are among good men some Laws also of Arms : Nor is Victory so to be pursued , as not to refuse profit arising out of unjust and impious actions . , that is , those that are dictated by Nature , and established by the Consent of Nations . This appears by that old Formula of the Romans , I judge those things are to be requir'd by a pure and pious War * * Eas res ●…uro pioque duello quaerendas censco . . The same antient Romans , as Varro noted , undertook Wars slowly , not licentiously , because they thought none but a pious War was to be waged . Camillus said , Wars are to be waged justly , as well as valiantly . Africanus : That the People of Rome did both undertake Wars , and finish them with Justice . In another you may read , There are Laws of War also , as of Peace . Another admires Fabricius , a brave man , and ( which is a rare thing ) innocent in War , and one that believ'd an Enemy might be wrong'd . What power the Conscience of Justice † † Benè apud Appianum Pompeius : Confiuere oportet diis , & causae belli , honesto justoque suscepti studio , ad tuendum̄ patriae statum . Cassius apud eundem : In bellis spes optima , & causae jus . Josephus 15. antiquae historiae : Abs quo stat jus , ab eo Deus . Belisarius apud Procopium : Victoriam fortitudo datura non est , nisi justitiam habeat commilitem . In Longobardorum sermone ad Herulos , sunt haec , sed correcta à nobis : Testamur Deum , cujus potentiae vel minima particula omnem humanam vim aequiparat ; is , ut credibile est , belli causas intuens , dabit debitum utrisque praelit exitum : quod dictum eventus mox admirabilis comprobat . Sic & apud eundem Procopium ad Gotthos Totilas : Fieri nequit , Nequit ( inquam ) fieri , ut qui vio entia & injustitia utitur , decus pugnando par●…at ; ( ed prout vita cuique est , ita ei obtingit belli fortuna . Precopius hath many passages to the same effect . And Agathias . l. 2. saith , Injustice and neglect of God are to be eschewed alwaies as hurtfull , but then most of all , when men go forth to Battel . Which he proves in another place by the illustrious examples of Darius , Xerxes , and the Athenians in Sicily . In Thucydides , l. 7. The Lacedemonians confess they were justly overthrown for refusing to submit their quarrel to judgement ; and renewed their hopes of better success , when they saw the Athenians refused judgement after they had done many wicked acts . hath in Wars , Historians frequently demonstrate , often ascribing Victory to this cause especially . Thence those common Sentences : The Hearts of Souldiers rise or fall at consideration of the Cause : He seldome returns in safety , that fights unjustly : Hope waits upon a good Cause , and the like . Nor ought any to be moved at the prosperous Successes of just Attempts . For 't is sufficient , that the Equity of the Cause hath a certain peculiar , and that a great influence upon the Action , though that influence ( as it happens in humane affairs ) is oft hindred in its efficacy by the intervention and opposition of other causes . Also , for the procuring of Friends , which , as particular persons , so States have need of to many purposes , much avails an Opinion and Fame of War not unwisely nor unjustly undertaken , and piously managed . For , no man is desirous to joyn himself to such , whom he supposeth to hold justice , piety , and faith in vile esteem .

When , upon the grounds and reasons aforesaid , I saw most clearly , that there is among Nations a Common Law , which availeth both to Wars , and in Wars , I had many and weighty causes to write thereof . I saw , through the Christian world , such licence of going to War , as even barbarous Nations may be ashamed of ; that men take Arms greedily for light causes , or none at all : which being once put on , all reverence of divine and humane Right is put off , even as if the Furies had commission given them to work all kind of mischief . In contemplation of which immanity , many good Men have gone so far , as to deny all Arms * * Tertullian . de resurrect. carnis : Gladius benè de belle cruentus , & melior homicida . to a Christian , whose Religion consisteth chiefly in Charity toward all the world : in which opinion seems to be sometimes , both Johannes Ferus , and my Country-man Erasmus , great Lovers of Peace both Ecclesiastical and Civil ; but with that intent , as I suppose , wherewith we are wont to bend what is crooked to the other side , that it may return into straitness . Yet indeed , this endeavour of too much contradiction , is often times so far from being profitable , that it hurts , because it is easily found , that excess in some sayings takes away authority for other , even when they stand within the limits of truth . Wherefore both Parties had need of a Moderator , that it might appear , Neither nothing , nor every thing is lawfull .

And withall , my Design was , by my private study and diligence , to advance the profession of the Laws , which heretofore in publick Offices I had exercised with as much integrity as I could : This comfort of my studies was left me , after I was unworthily cast out of myown Countrey , honour'd by so many Labours of mine . Many , before me , have purposed to bring this into a form of Art , but no man hath done it perfectly : Nor is it possible , unless ( which hitherto hath not been done with care enough ) the things which are by Constitution be rightly separated from Natural . For , Naturals , because they are alwaies the same , may easily be collected into Art : but the things that come from Constitution , because they are often changed , and are divers in divers places , are put without Art , as other precepts of singular things . Nevertheless , if the Priests of true Justice would undertake to handle the parts of natural and perpetual Jurisprudence ( laying aside what hath its original from free will , ) One of Laws , another of Tributes , another of the Judges Office , another of the conjecture of Wills , another of proving Facts , thereupon might be composed a Body of all parts collected . What course we thought fit to take , we have shewed in deed , rather than words : this work , containing that part of Juris-prudence , which is by far most noble . For in the first Book , having first spoken of the Original of Right and Law , we have examined that question , Whether any War be just and lawfull . After , to know the difference 'twixt publick and private War , we had to explain the nature of the Supreme Power ; what States and Kings have it full , what in part ; what with right of alienation , what otherwise . Last of all , we had to speak of the duty of Subjects towards their Superiours . The second Book expounds what are the Causes whence War may rise : And there we speak of Community and Propriety , Leagues , Oaths , Embassages , Punishments , &c. The third Book having expounded what is lawfull in the time of War , and distinguished what is done without fault , from what is done without punishment , ends with Arguments and Peace .

Now this Argument seemed the more worthy of our pains , because , as I have said , no man hath handled the whole ; and , they that have handled the parts , have so handled them , that they have left much for anothers Industry . The old Philosophers have nothing extant in this kind , neither the Greeks , among whom Aristotle made a Book , entituled , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nor They that gave their name to new Christianism ( which was much to be wished : ) And the Books of the old Romans , De jure Feciali , have transmitted to us nothing of themselves , but the Title . I have seen also special Books De Jure Belli , partly by Divines , viz. Franciscus Victoria , Henricus Gorichemus , Wilhelmus Matthaei * * Add to these Joannes de Carthagena , set forth at Rome , An. 1609. ; partly by Doctors of Law , viz. Jannes Lupus , Franciscus Arius , Joannes de Lignano , Martinus , Laudensis : But all these have said but very little of a most copious Argument ; and most of them so , that without order they confounded things of Natural Law , and of Divine , and of the Law of Nations , and of the Civil , and of the Canon Law , and mingled them all together . What was most wanting to all these , the light of Histories , the most learned Faber in some Chapters of his Semestria ( but as it stood with the purpose of his work , and alleging onely testimonies : ) Balthazar Ayala more largely , and bringing a heap of examples to some definitions , have attempted to supply . Albericus Gentilis yet more largely : by whose diligence , as I know others may , and profess my self to have been helped ; so what may be wished in him , in the kind of teaching , in order , in distinguishing the questions , and several sorts of Law , I leave to the Readers judgement . This onely I will say , He is wont , in determining Controversies , to follow either a few examples not alwaies to be approv'd , or also the authority of the new Lawyers , in his Answers ; Many whereof are framed in favour of those that consult them , not to the Nature of Right and Good . The Causes whence War may be called just , or unjust , Ayala hath not touched : Gentilis hath , as it pleased him , delineated some general heads , and hath not so much as touched many places of both noble and frequent Controversies . We have endeavour'd to speak of all , shewing also the fountains , whence it may be easy to define what we have here omitted .