the United
intention
of
nal
so published.
an aspect of incom-
indication
of
what
is
clear and
lation,
to
ordinary
Eeaders.
The
as likely
to be
-'-
 
the
time
of
can be greeted.
created;
promoted by
the like
present
time.
ceased
to
in
the
discussions
of
applica-
except those which were
the work
translation,
the
being
thus
carefully
to the desire
property
and
as
celebrated
dissertators
upon
and
Fichte,
and
other
German
existence
we
meet
in
the
as
such
remarks,
the
sup-
body ofLaws
commu-
the
Jus
Gentium
is
lofty
ideal
tius, was
;
men,
he
he, more
was to
bring it
more
subject;
especially
of
Law,
Albericus
Gentilis,
De
 The
to this
would lie
them, I refer my reader*.
Paley
also,
in
the
Preface
to
his
of his
; and
among
his
peculiar
excellencies
and
as
desire,
or
human
nature,
the
impulses
same
and the increase
most hope-
ful avenues
a
Perpetual
Peace
rested
and
more
humane.
many of the most
the
customary
part
of
his
task,
; not
only
the
smaller
familiar
literature.
Quotations
so
have
been
proper
to
little
namely,
by
means
of
to
9
the
Notes
of
Grotius
War; and
wherein
of
and
War
for
others
have
and herein,
by Agreement;
of Arbitration;
to illustrate
by
from nature, or
been touched on
^his
which
and
is
just.
and
there
have
been
has been
the
saying
of
;
of
Contiive a way
are no
from
appoint
them
an
advocate
to
against
often
changed
with
nature
to
seek
does
harm
to
itself
kind,
much
more
from
all
other
actions
peculiar
good and
not
accept in this
^1
thav^
stronger
Rights
cfO
they
wounds,
such
as
has for
its friend,
requisite
we see that Leagues
according
to
confine rights within
once,
if
rights.
23 If no society whatever can be preserved without the recognition
of mutual rights,
by
the
of
nations,
as
Cicero
to be
done even
one
to
had
would
produced, by
Grotius mixing
territory
extended,
which
is
much
mentioned
appears among
of the
natural,
law
all
served
his
own
spe-
cial
purpose,
and
Balthazar
me,
his style, in his arrangement, in his distinctions of questions,
and
of
to be
in
from which
any
ques-
that
I
Tractatus Tractatuum. Tom.
collection,
under
volume.
g
His
name
was
Garat.
afterwards
Tres
has
been
testimonies of
philosophers, historians,
whose
places, must be
a
right
deduction
Natural
from
which
which
only
produce
some
where
subjects, or the acuteness of his distinctions, or the weight
of
his
some
ages
old
Christians,
who
they
agreed
with
those
be
known
not
seen
Among other points, to»-mention this in passing, as not
foreign
and
so
far, that he compounded Liberality and Frugality, two very different
virtues,
into
are
by
no
means
co-ordinate.
do not
this,
since
another genus
adventitiously connected
adultery
as
the
fruit
will not allow
its
from lust, or from
anger, or from thoughtless
vehe-
ment
without
reference
to
to us; they supply
not
say
something
of
ornament
from
their
relation to
is
the
knowledge
purpose
lawful for Chris-
upon us
the
Divine
is
the
them.
Next
to
of piety
with
nary
which need
Roman
while they are good authorities for
making new laws, are
attention,
who include themselves within
or
in
:
the practice
the
law
which Aristotle
Jus
in
however,
the
to
distinguish
that
58
to
have
such as
already exist,
arise.
I
mathematicians consider their
did
59
As
to
matters treated
are
be decided:
I have adduced the words of the authors themselves, when
they
exhibited
I
sound
piety,
and
What
war
comes
allies
or
master and
is
a
moral
Quality
by
which
a
person
is
competent
in
WHAT
for
example,
paternal,
dominical
and
things
common
good.
paternal
Sovereign
over
creditor.
VII.
A
Fitness is what Aristotle calls a^tav, a moral desert, or
claim.
VIII.
1
A
Jural
Justice
Right]
belongs
to
Attributive
our neighbours,
arithmetical
attributive justice given
far
as
it
obliges
other
persons
therefore
which, in themselves
Natural
l]
be
according
ARE
anything
else,
the nature
changed, but the
creditor gives me a receipt
for my
to
pay
has
ceased
owe,
in
the
use. For
come
to
speak
not command
Jus Gentium,
a
;
the Jews
teach, were
but the
10].
Elisha
5
14,
ap-
plies.
circumcision [v.
part
promulgation
Jewish
Law
was
abolished
by
the
[from
the
Law
of
Moses
to
time
Seoi. I.
IV.
War
is
this:
to have
demonstra-
tion.
Hence
requisite for
by
which
ing, use their hands
not
intro-
of
them
as
nature
should
require,
would
be
easily understood now, when property has taken a
shape
by
to
take
care of the future for one's self, so that the Rights of
others
be
not
does
not
violate
the
Right
state
made war
blessed
by
Melchisedec.
God, as
by the
as
even
heathen
: for
the
of
the
Jews,
of
to his people general and per-
petual
laws
a war may
Canaan is
just
causes
Thus we have
sub-
xxv.
28
III. 1 What
we say is
especially
of
Oration for Milo, in which he appeals
to
the right of self-defence. To the same purpose
Josephus the his-
rams
and
that
if
the
:
5, 6).
What is
the Law of
his Orestes.
as
establishing
a
for
high
in the
God on this
point. Add to
to
homicides,
but
to
by
towards other great criminals. For there are things
which are
of
no such
were
but
adultery,
incest,
as
well
as
the
Jews
divine
Will,
the
other
is commonly understood,
the
Gospel
bound to nothing
1 Joh. iii.
:
to
believe.
3
who
to
by
it,
every
transgression
law, Rom. vii.
not
only
from
were either recom-
in
both
that
is,
by
[See
the
passages
in
Acts
and
Hebrews.]
Rom.
xiii.
time
it
the
govern-
words
asked
by
the
them to cease to
Baptist
of
the
; so that the
I cannot admit;
Repent,
for
is
the
is taken
Baptist,
Matth.
name
fruits worthy
perfect doctrine
John:
Mark
i.
to
come,
Acts
xix.
4,
Matth.
argument,
which
appears
to
me
to
a vast
license of
common
lead
to
ex-
treme
inconveniences,
from the
7
(6)
In
was destroyed,
Jewish
nation
ceased.
For
Apostles
different ;
the
homicide
with
death;
and
Holy Ghost, the
undoubted sign of
military life in the precepts of
Chi-ist.
such a thing in any clear form,
it
was
plainly
necessary
that
to come might not
that
5fe.
10
(7)
what is
of that convert
captain had
 
by
reckoned
good
by
the most
civilized nations,
it was
them
under
report,
Phil.
iv.
o those who
indeed
was
For before that time
War is
is certain that
that
it
is
wars;
arguments
are
usually
drawn
war,
he
would
have
thing
that
the
laws
of
Moses
which
concerned
long
as
been
said.
An
eye
for
4
have
forbid men having matters
among
whom
this
Is-
of
God :
but
Christ,
in
order
to
exercise
with
regard
to
we
should
not
contend
at
law;
not
of
Mm who thought it a good thing to have nothing, that he might have
nothing to
temperate
notion
of
examples.
But
you
even a parent or
one
thing,
Constitutions
it
that right
of a
but of
insist
upon
our
right,
patience and kindness may
St
divorce, to moderate
is
the
feeling
of
the
humiliated
mind
has
love
unto you.
Love your
enemies, bless
we
law more nearly. The Hebrews were commanded to love their
neigh-
as we
thy neighbour
tribes justly made war
Lord,
rightly
won
who
innocent.
See
Prov.
xxiv.
11,
If
thou
forbear
to
unto
death,
and
tlwse
slain,
5fc.
'And
thus
the
pre-
cepts
great
a
commanded to love
our enemies by
merciful.
inten-
4.
for
the
destruction
of
the
flesh;
1
17,
Recompense
no
as
above
enemies,
Exod.
xxiii.
5
Israelites
hended in that
interdict, what would
and
Elymas, the
he
says is not carnal, that is, weak, but on the contrary,
most mighty.
What has
of the public
defence
accord-
the
flesh
and
blood,
other men under
has often
and to teach in a
very high strain ;
seems
will
deny
when
criminals
In the
such had
stood
that
book he
of the
time, which
law.
[See
the passages in the text.] Very similar are the difficulties which
Ter-
tullian
objects
are there
objections
to
the
the
early
and wars may
go barefoot,
except he
Not
all
putting
to
for
us come
had
says that
the soldier
St Paul
capital
punishments,
since Christians were
to
favour
not
which is extant
by the majesty
is
to
be
reverenced
and
beloved
many
bishops
who
what
concerned
the
duty,
;
soldiering
for
be given up except
be
spared
prison
and
Auxentius,
the faith
military
testifies
violate the
penitents,
In like
directed
of
a
Roman
officer,
admitted
or
epistles of Syricius and
clerical persons
was not perpetual;
he shall not
even involve himself in public administration ; and the sixth of the
African Canons, directs
in the affairs of others ;
as
even
necessary
private
lawful,
so
far
as
Natural
Law
goes,
I
when
it
il.].
But
sea,
the
judge
founded in any
doubtless
taken
from
he
is
such an
war
am
to
think
aggressor may
himself.
other
Jerusalem, did
;
Bssenes,
to buy
thought
lawful.
Now
would
than that
ourselves.
Nay
more
reference
to
Deut.
xxxii.
35,
passage,
How
then
perish
by
the
sword,
Titus, and
vengeance out of the
fully exact
Here
time the
to
have
died
for
his
enemies,
it
may
be
answered,
that
all
the
proceed
and
exceptional
and
unparalleled
act,
Rom.
9 As to the
the
other
those formalities,
provided by
the authority
Law, he was held guilty of high treason
who without the authority
[See
the
text.]
3
But
no
sudden
onslaught
on
them
without great
of
making
war.
But
this
opinion
to
subordinate
a
public
if
public
be
it
often
authority of the Sovereign
by
the
men.
have
their
as
Sovereign
if
upon
interest of the State
6 Warned
the
time,
or
by
partial
judgment,
and
avoid
setting
up
as
be
excused
rather
than
praised.
7
that
we should under-
has
it
question rather
first
part
he
reference
to
the
taxes
same
in which
put
the
State, as we
now take that
[Strabo,
Aristotle.]
/ 3
and may
cause, any
the slave of
this
question
allege the inconveniences
which follow or
choose which
: and its
concerning which
a people
may resign
it to another
be
find a defender on
persons
a
large
manumit them
from their
in Strabo, and the
with their territories.
to
subject
Herodotus
had
acquired
a
really
Plutarch, and
Cornelius Nepos.
no
appeal
to
the
: whence
Livy
the
Cicero
speaks
of
the
Dictature
as
controlling
the
diflScult
to
that constitution
which depends
constituted
by
the
people ;
which
obeying him
person or
punish
men;
Princes,
the
magistrates;
or
but when
subject
to
are
or
right
of
control.
within a
seen.
And
by
when, joining
the Milesians,
they formed
a republic,
that the
Roman emperors,
the Koman empire
right
of
way.
Now
plena jure, in full
temporario,
as tenant for a time only. Thus the Roman Dictator held
his
au-
thority
as
temporary
tenant
; most
those who have acquired their power in
a legitimate war, or
sufficient
motive.
those
faculties
or
powers
Dictator, during his office, performed all
the acts
majesty
of
Sovereigns
whose
a certain legitimate
is
one
passages.]
2
When
 
plena jure
a
In non-patrimonial
to
the
government.
from
is
respect
the
laws
it
throne
to
them.
such
a
con-
trary
:
of the
the real will
For
at
us
examine
the
Romans
he
the war, or
was the case in the league of the Etolians
with the Romans. [See
the explanation in the
Protectorate, Advocacy,
Patronage, and
a
it
preserves
its
sovereignty.
themselves be
bound
either
to
up
in
equal
alliances,
and
we
shall
hereafter
tion
which was the office of the Becuperatores at Rome. [See
the
definition
of
Recuperatio
of another.
pleaded
against
this
as
contrary
to
the
doing
and
Germans
used
to
do
League
agreed
that
disputes
aro
to
be
sons
to
to
command
his
is
he
especially
again, that their
Rhodians
were
allies
makes it.
Superior Lord] by the Feudal Law
the
Right
distance from
the
Right
of
Right
Personal
Obligation,
without
any
;
as we have
their family
as
in
cases thei-e
the
power
of
Seal or his
3
Hence
the
majesty,
a
Ruler
11,
[This
will
he
the
manner
of
a
duty
for help,
that
this
exercise
judge
is
only
that God
formerly
in
the
it is
we gain this good
of
you may rule [as
gives
case,
and
case,
subjection
of us
Christians,
the
best
interpreters
of
the
empire, and
And
so
the
Clementine
Consti-
to be
to
Scholastic reasons.]
when
the
minor
of
all
to
the
so
also the state of public religion depends on the will of
the King and
faithful to God, after
is in their power. We do not read of the
images
of
Divine Provi-
dence so
be
supposed
the
intention
of
God, because He
as what
more
valuable,
not
but
or
in
foreign
resistance
no legal
6
And
Maccabees
be
Master,
com-
are
in
those
Cyprian;
Lactantius
legion did not resist when decimated for refusing to sacrifice.
11 [The speeches of Mauritius the captain of the
Theban
legion,
and
Exuperius
as
Christ
IX.
regarded
as
possess-
ing
it
as
derelict,
merely
because
witli
a
really
hostile
mind,
with
a
view
whole people, vpso
of
sound
so,
a
part
only
of
people,
by
king may lose his
authority, it be
part
of
an
obligatory
force,
not
from
his
laws
and
if he
and no treaty
the usurpation, which
this
or
that
to
death
reckon
the
Jehoiada
the usurper
a strong
of
judges.
[See
Tacitus,
Ehud, Judg.
by
this
maxim ;
that
by
Natural
Law,
not
is so useful
ties of men
aid,
Quirites,
et
Solon taught
is moved
to
as the
War
is
injury
formula of
does
not
perform
its
obligations.
Justice among
from
who
makes
the
danger.
are
who
think
it
lawful,
even
lawful
the
as
something
primarily
thing which is then
even then, ought
in a point
and
in
such
there
right of
[Sec]
violence not
[See.]
VIII.
Though,
rather
be
lives concern
la
of
; and
that,
not
only
by
point
community,
does
not
need
dissent.
For
though
Law
by natural
itself.
For
God,
of
be
permitted
to
a buffet been received, if the striker flies, for the
reco-
seems to me
of
judgment turn
this virtue
into a
then, no
and
of
be
contemned ;
an
excep-
tion
rightly
added
the
Twelve
Tables,
and
Plato's
Laws.
night
we
cannot
tell
night we have
however
I
have
am
acting
who
says
life
it
with
impunity,
peril
avoid
it.
3
tion ceases,
either diurnal
such concourse
forced
in
it
is
more
terrible.
And
of a man is
value, rather than
put to death
ourselves.
Where-
which cannot
end without fatal consequences.
property,
but
beyond
opinion which we
question
whether
the
civil
law,
when
it
per-
mits
of
life
and
death
in cases of great
right
to
taught,
so as to bo
come
into
just
on
this
suffering
who
the
ministers
2 He
him
satisfaction
at
the
arbitration
of
this simple
evil
Philo, Solomon,
possessions
»
3
But
the
concord
occupied
their
sufficiently
naked,
or
prevented
by
the
dispersion
of
men
want
from
that
:
of
Laws,
and
her
festival
Thesmophoria,
Law-bearing,
property.
the
magni-
so
great
that
use
of
there-
fore
sandy bays, where
sea
from
being
all,
and
were
not
but
are
remark-
ed
neces-
they
who
mingle
with
the
people
even
much more is mere
what
each
one
has
must
be
thrown
into
nets
may
but
by
the
interpre-
to his
to give
must
be
such benevo-
lent exception
of the
OP MEN.
dug down
to the
not
plenary,
but
limited
carries
on
and
thence
do
irreparable
be
taken
mere
restoring the
thing
the
the Right of
So
say,
place to settle ;
of this in the
then to the Amorites (Numb.
XX. and
account
made
war
under Clearchus,
opinion
is
requested
him,
con-
sult,
4 Nor can any one properly
object
multi-
there are
Germans
by
against
whom
he who seeks transit makes an unjust war, or brings
my enemies with him, I may deny the
transit
and stop
his way.
merchan-
dize
with
is of advantage
permitted
had
reckoned
strong
reasons
 
loss*.
not
go
the
a
health
or
other
is
a
Virgil; and when the Megareans complained that the Athenians ex-
cluded them from their ports contrary to the known rules
of
justice,
their
as are
requisite to
monians
to
the
Romans
to things
hypothetically.
Right
talking
what'
belongs
to
acquiring
speak of
to
purchase
at
a
such a
the
common
evil
is
Right
to
con-
were made
to acts which any
of natural liberty not
be
to
them
others
to
other
party
may
anticipate
another
in
a
gainful
trade
its
protection,
and
Sea.
XVII.
Of
by
by
occupation.
be originally
deposited
as
a
pledge
;
ownership
so
as
out
of
ours,
the
ownership
continues
which,
after
that
primitive
acquisition.
In
things
two
but
subject
to
it
The ownership
a
permission
this
distributively,
which
may
be
to
the
division
Natural
Law
and retain
ownership, the
by
the
custom
of
civilized
nations,
stops
at
the
actus
be
occupied
by
him
lawful
to
two
within
the
use,
in
have spoken
lawfully
natural
reason.
For
a
river
have
case
authority was used by Leo the
Emperor,
of several
of the sea
sea
we
may
understand
are
permitted
by
nature,
in
force,
of any
that Law
not received, or
of
act [as
sea,
whereas
shores.
So
would
seem,
acquired
in
the
same
way
as
other
lordship
the
sea
can
be
compelled
from
the
shore
as
and
levied
should
only
which
are
theirs
with all
we
may
the purchaser
sonal obligation to observe
a
questiofi
to one
side belong
are added ; which
us
that
its course, the territory is not
changed, and if any alluvial
addition
is
made
the property
of the
a
river
changes course gradually, it changes also the boundary of the terri-
tory
river adds to one side belongs to him to whose
land
their claims
Diodorus
of
another
river
boundary.
3
perpetually
between
the
Etolians
and
Acar-
nanians
only true if the river has not at once changed
its
channel.
it ceases
but
a
peoples
be, then
to
be
THINGS.
[Book
II.
times
riyer
of
at
a
later
period,
worth
observing
manner that
its head;
and then
the property
former ownership
of
the
landlord,
yet
which
a
thing
may
be
owner,
it
does
occiipier,
but
reverts
shews it
still
do
act
act
be
indicated
is to be applied
be put
supposed
to
be
remit-
ted
by
2
In
like
to have
loosed that
but from Natural
;
be accepted
what Ulpian
the
payment
interrogatione
debitoris
tum
up
there is
keep any hold on the mind
of the owner
when there is
what
is
thing
time
says
nothing
the owner. And
you
had
given
order
to
which
fixes
a
certain
time
and
by
a
subject
party.
cause
known
which
influences
the
will,
conjecture
first place,
pressed
is
fond of
ought not
heavy
burthens,
fight
for expressing
his thanks to the Romans who had reduced his kingdom within
manageable limits. So Lucan
of
controversy ;
and
the pre*
Bent state
giving some
absolutely transfers
ownership. It
essential
to
require
unin-
terrupted
a desultory
here
Wherefore if
and
who
be presumed to have
yet
as other
fictions may
a matter
one
character of
a superior
his own law, not
which
requires
So
Saul
put
we consider
But neither can he
the law
Kor
there are
we have
before spoken
in Art.
W.
W.
what
from
which
of the
as natural properties,
or
communicated
to
others,
are
altogether
subject
to
concerijing Usucaption
tribunal,
other
of
a
subject:
it
obtain their liberty, that is, Civil liberty; because the authority
which
ori-
ginal
an after period, may
a
hard
lot,
cised,
once
for
all,
property
of
the
child
as
analogy
of
the
whole.
at
piety, reverence,
have
received,
it
does
not render void what is done in transgression of it;
as a donation made
an old
Hebrews [Exod.
: [as
the
sustenance
juris,
which
God
gave
to
the
Hebrews,
of
making
from
; but
(Bph.
v.
23)
band's
are given
not
by
Natural
law seem to have re-
quired more,
before the
;
not have many wives, or horses
;
to
one
another husband
whether
after
the
conception
and
before
the
birth
of
a wife,
gives
the
woman right
trans-
gression;
and
Thus when God
the
marriage
man must
leave the
had
law.
4
certain that in ancient times most nations used both the
liberty of
dirorce and
who
the
from
divorce,
they
are
of
Ju-
piter,
could
not
have
pro-
mulgation
is
to
in other human acts
have called a moral Faculty or
jural
claim,
promises in general.
concerning
the
consent
of
adduce
unjust. For if sons owe in all things a reverence
to
parents,
by
is emancipated
; and if
is
sufficient
the daughters of
trespass
on
is not thereby
whatever the amount of
rule
about
property of
the family
in many
modesty are
to be
regarded in
marriages,
then,
Michael
Ephesius,
persons
dren
understanding,
a
transverse
line ;
especially
those
which
are
though
proceed
from
the
mere
these
unions
does
24, 25,
your-
selves,
Ifo.
2
For if the Canaanites and their neighbours sinned in doing such
things,
given
to
were not, it appears, abrogated
by
Christ;
separated
the
Maimonides,
these
laws,
union, if
such union
at least
necessary.
5
against the
marriage of
blood,
to
worship
was
to
marriage
of
Michael
Ephesius,
Diodorus
7 All
shew
degree,
it
are examples of it
nor
relations in the right line, and
sisters, since
his niece
(the daughter
mo-
desty
to
this vir-
tue, as
as marriage
is forbidden
his wife shall
the
Communion
sisters, or a niece,
peculiar effects of
Law.
For
nothing wanting to
extended
to
other
So
custody,
and
state of the
Law
the society
the
passage
in
prohibit, and
had
so done was,
null, void, and
greater than
others,
both
populum
have
this
representing
to
wherefore
by
Natural
Curtius,
Prudentius,
nothing
for
how the
votes are
to be
Law
are
one
in
10,
vote
tha acquit
by
a
Whereupon
Pliny,
great that
and that
several rejected the same
regard
be kept for a limited
time,
against
those
who
absolved
them.
So
other
absent,
or
those
who
the members have come into it. So the eldest brother
always retains his superior privileges. S^e
Aristotle.
formerly
first professed Christianity.
equally
must be
rule
of
in their
later forms,
interests
of
the
tributary
collection.
has been
were permitted.
emigration
of
individuals,
a part of the
society forbade
for the interest of
to be
himself
a son
son to another, in such
a
manner
species of subjection
thus
there is nothing
master, if for any
also
affirms
but
impunity
parents
over
children,
as
did
respecting captives, as we shall explain elsewhere,
as
in
however is not sufficiently congruous
to Natural
have,
in
this,
point, the
progeny would
follow the
of
dren
owners
over
the
progeny
for
in opposition to the
contrary
to
Christian
liberty.
now spoken,
; as those
which are
of liberti, freedmen
by
sentence
the
a people
gives itself
deserved to lose his
hereafter
who
because
arises
alienated
by
the
act
of
I
or in
introduced:
suflce
; but
Law;
nations,
is
improperly
magistrate,
or
treat
of
below,
in
the
Chapter
on
Promises
hare said
king
being
in
of
body
of
to be
not
be
supposed
off
And in like manner on the other hand, a part
has
not
a
right
to
serve
itself
human institution
the case
which reduces
compelled.
be
matter, the part has
body has
a
say
to
the
adequate subject, not divisible into
seve-
life
have
place
from that.
VII. But
sovereignty over
this discussion
claims
to
therefore
subject
to
its
will.
But
the rule
exceptions,
public
the
common
utility
of
the
of
by
a
to be given ;
when the
on the contrary side,
a
part
is
compelled
to
commit
felony,
And hence we see that by most
peoples,
certain representatives
of the
the
empire
be
oppignerated
the
people is bound to its parts to preserve this exercise
in its integrity
for which purpose
together.
X.
To
politic
and
:
to kings,
or provinces
ever.
XI.
The patrimony of a people, the produce of which is destined
to
support
not
may
the
may not alien-
part. But in things of small amount, the consent of
the
what
we
hare
said
alienating the parts
of the sove-
involved : for the
[not on its own account but] for the sake of
the
State.
this
enemies
thing of
proved
by
compensation
for
know, forbidden to
loses
institution
of
But
establishment
ownership must be waited for till the judge assigns it, as is usual
in
reprisals
right
be
certain,
law
of the
that
says.
It
is
a
rule
And
to
not
strictly
due,
a
debt
by expletory jus
gives the
can
and
the
things
necessary
to
human
Instinct
recommends
to
tilian. Sallust
3 And though
to natural children
and teach that
that left them
which is sufficient
what is usually said
as
aliment. For what
necessary, and in
source
law, but
bring with
live
Ciyil
Law,
the
but
father
and
mother
provide
furnish them
aliment; but
the
grandchil-
on in like
the origin
Philo
Judseus,
De-
mosthenes.
a lot ; but
5.]
VII.
had
;
son.
of
but the
father cannot
any
other
way
offspring, as
the
and received
the Hebrews
father. Such
landed
property
goods to the
to
make
(as it was
The former are
who
directs
the
pa-
trimonial lot to be kept inviolate for the family to which it
belongs.
that
is
often
not
only
person in
interdico.
Paulns
3.
would
have
ownership.
 W.
I
2
brother.
obligation
be
repaid
nearest
to
the
deceased
of property
sons from
they vary
relatives only
it
has
not
be
females :
as
Britain.
such cases, from
pass to
by
blood
with
succession
be
received
in
Justin,
says
by
inheritance,
the
line
of
domestic
to pass undivided,
age and of
share
of
the
can be
become hereditary
by. the
that
preserve
the
Justin : except
remains
among
those
who
are
descended
from
the
father
the
kingdom
because
the
under-
stood,
property
as
heir
transferred
by
the
best
right
possible
by
a
per-
son
to
bo
followed :
not
of
the
first
customs
kingdoms,
called
of the representa-
the
first
king
in the
who
the same
on account
daughter's son, and
a failure of
 
degree
be introduced
by
are
preferred.
So
in
Arabia
Felix,
trustees
for
also with
be easy to answer the
contro-
versies
concerning
the
right
of
succession,
which
are
thought
very
diffi-
cult
kingdoms, from
as to
and even without that exception, if the son have committed
a
offended.
Thus
Reuben
for his offense,
Still less will
exheredation hold good
whether the
began to exist,
that
the
difficulty
born, and
whose interest
have said
deny
case.
the person,
king
to
appoint
;
has no
will of
the people,
followed,
reign
; and
in
the
any subsequent event
except that in
by
the
privilege
of
stating obtained
to war, between Otho
investiture,
if
the
govern-
ment
vassal
when
afterwards
the
same
controversy
arose
succession,
can
in
this
respect,
it
only
at
although, in
comprehended adoptive sons
laws
come
the place of another
;
age is
suc-
ceeded.
So
second son,
being older,
So
in
devised,
because
Sicily
;
XXXI. By
a like
between
the
is,
in
things
: but
age.
XXXIII.
son, cannot
be received
granddaughter
capable
of
the
succession
privilege of
hy
Fabrication
led
tural Law; which we have above called Instituted .7ms Oentiv/m.
Such are the things done
by
the
say
see that they all, if we except
the Laws
we now
to the
by
cluded
in
a
is a narrower, the other a
wider
natu-
Therefore
the
probable conjec-
supposed
to
bell hung
to
Law
cannot
be
to
assign
to
their
princes
and
kings
some
to
him
or
man.
That
among
partly
single impulse,
owners, before
it was
assigned to
that
that this
In
of old
by
island which
floats in*
roots
and
as Natural
belongs to
That
would
him
who
takes
possession
follow natural reason.
sand,
a
lake
de-
cide.
Nor
is
like
the
collectors
W.
was
independent
included
do not do,
so far as
they supply a
are
easily
be
indefinite
from
the
to be
derelict, if
to appoint
to
free
their
lands
to those
who had
;
behindhand in
self,
and
come, (for
belongs to the
people, if the
owner,
concede
the same rule as
determined by
measure
but
the Roman
Law, and
considered
to
apply
to
only
if
they
have
said that
by a
a man on foot with a
sword
in
through
which
a
the
increase
vassals
or
was
And
thus
criminal,] still pay
does not
:
take what it gives.
from
a
thing
as Lucan says.
even
a
public
road
[passing
of acquisition,
ruled
by
the
Romans
(as
to
property)
is
not
derive more
mate-
rials
new
form.
But
this
point
alone
con-
sidered;
whether
there
be
a
greater
amount
of
yalue
one, the form
by
the
with
fraudulent
intent
with
and
the
opinions
that if copper and gold are mixed
together
or
a
they
too
will
be
a
from the property, is
the
income receiTed
the penal
of
his
expenses
not required
of
ownership
; as
indeed
cases acknowledge :
to another, while the present enjoyment of it is retained
by
the
or has
it as a loan, or in things thrown among a crowd for them
to
Roman
established.
XXVI.
We have noted these things, in order that when any one
finds the term
matter of course, understand that jus which is immutable
: but
may
from
those
which,
peoples
independently,
from
those
human
So Aris-
the
of
the same now
we
address
a
people
now
Primus reminds
M.
Antonius,
they
had
repelled
the
speaking truly,
of
this,
the old
:
or
the
peo-
ple
inhabited
cipal body,
whom a judge
State left
people. Thus Byzantium
form
of
which
to be;
consuls,
own master;
the
or the
its government
of
he subjoins. Whether the
the
form
of
government
being free
to
had
the
had
be
filled
by
to
one
State
is
referred the separation
master
people as
formerly, before
a
right
same, when
of
the
formerly
of
the
Roman
people,
Claudian
calls
the Emperors,
the right
will
of
the
People
of
Rome.
And
to
the
to
the
empire,
to
omit
other
concession, express or tacit, and elected an emperor itself; and
de-
clared
the voice of its First Citizen, that is, its Bishop*;
(as in the Judaic
case of Charle-
Lombards, from their right over
the
Romans,
Franks,
on
they
might
be
sure
but
the
over the
person is,
by
compact,
the Bishop
a fourth
fiction, that it was confirmed by the Roman citizens at Rome : which last fiction
is
the
Pope, as the first citizen of Rome, declared the election made
by
the
Roman
right
pleased the Pope.
Grotius's scheme does
appointed
bona fides
must
be
restored
to
me,
from
way,
that
just,
question dis-
cussed a
than by
arise
jure
by
some-
much
the
more,
that the jurists
rules
responsible for
he have
warn-
warn-
share
in
the
gain
by
the agent,
the
agent's
has been liberated
If
money,
which
was his own property, I have an action against you,
as
if
my
property
will
lie.
If
a
debtor
respect to the creditor,
the
whole
which
he
had
received.
you,
sold,
which would
to be
the
mind.
III.
something
of
equal
thing which he have
more
than
he
gave
a
the
price;
except
hands
willingly
of a
thing difEicult
the owner, after
fore though the
by
;
to restore
the price.
the
seller.
W.
2 Ulpian's opinion respecting
not merely imitate the
writer
elsewhere says, if any one has transacted business for me, not
having
of perishing, is
ordered. The
one
portion
may
pass
for
additioas,
Laws,
it follows therefrom
long as nothing thereof is
per-
parties
tain way a common
sufficiently
right
to
the
the
be
is
said
money agreed
the
the thing
cases
us,
another* : as appears in the duties of mercy and gratitude;
and to
either
of
alienation of some portion of our liberty.
To the
former head belong promises to give, to the latter, promises
to do.
by the
crea-
*
Seneca,
promise not made
a
ground for an action. But
what is done not of deliberate intention, we also do not
hold to hare
as
to
that it
we shall
1
nor
2
cannot
be
daily
made
girl after
twelve. Else-
But
these
be made
those
laws
have
place
decisions of Prsetors
accurate.
sumption of some fact, which fact is really not so,
then
such
a
presumption,
is
a
so,
:
refer Cicero's question concerning
suffered
loss,
the
promiser
will
be
bound
to
error, but
one on
promise was
the
remain-
ing
part.
distinction is commonly made be-
tween
or
fear,
shipwreck,
is
first, promises
has
nor
can
have.
receives its
force from
be
extended
further.
When
Agesi-
but
may
will
made under
be
by
a
question,
whether
a
vicious, for it is
hands of the
it, which
such
force
of
the
obligation
how these
to be
consideration which was due without
the
promise,
to
by
extortion,
be
re-
paired,
as
we
;
as our
to us,
to
others,
secret instructions.
ship-owners for the contracts of the captain,) and an insti-
torian action,
been
im-
properly
added
by
are
bound
by
is nei-
which
is
satisfied
persons
are
if
they may
that
Roman
it is
action,
even
the
whole
of
promise may transfer
to
that
pollicitation
is
require such
are
supplied
by
it is
sufloient that
be
notified
the
inten-
:
is
different
in
a
mes-
who is not
force, even
prcetor and
Sextus Julius
gave dif-
ferent edicts.
be
made
between
a
promise
whom the thing is
(which
it seems, by the Law of Nature, that I acquire
the
right
the
Law, and
a
benefit
that
any
further
distinction
is
to
to
time, he who
employed
completed
by
accept-
ance,
nor
made
irrevocable
by
a
third
think
otherwise.
But
to
at
account of
act cannot
one : that
an external
XXI.
of
the
promisee,
certain
contracts
much
of action,
but form
:
which is
(Cambium.
the use
By
use,
have
innumerable
kinds
according
acts on
the other
which
class
and
partly donation.
(of labour).
So in
contributes
acts
you regard the business
such
a
way
that,
from
and
principal.
IX.
the act.
hear
may hold which
own: not
larger
stock.
Whom
do
as
if
a
house
gives.
3
person
that
it
XI. 1 In the
some
executing
presumed so,
are to be
considered, equality in the thing
itself,
nor
;
his
good
faith:
therefore
bound;
not
by
reason
of
the
thing,
for
better
off
by
accepting
it,
he
bestowed,
not
thing is
desires
many
as they
is
supposed
to
be
of
commonly
or less may
without
delivery,
transfer of one's
immediately,
the
seller
is
obliged
of
the
seller.
M
in
giving
the
means
of
the title to
observed, that if
of
Egypt.
and
persons,
buy up the
is
unreasonable,
they
are
to sell
to be
noted that
it naturally
operates functionally,
[crowns
for
dollars],
but
in
a
reference
: that whatever
nearest
to
;
is
destroyed,
the
first
must
a
be
hired.
be
useful
to
many
the
law
same labour
being useful
to a
second person
with the first, and
to
the
first.
XX.
question
by
arguments
said
(l)
That
money
of any
thing,
tenant.
But
this
merely
defines
the
word
usufruct.
Certainly
paid
and
what
was
then
at
which approach to
to
be
another
kind
money so
hopes, and
had
to
is
insured
has
either
reached
its
common
esti-
mation.
XXIV.
unequal
shares
of
labour
money-share
be
the
relative
contri-
butions
other
case
the
to
the
is also
of the labour and risk of navigation, and the like.
3
That
any
wrong.
to
be
natural,
not
the
but what
;
place, among which the
that
in
the
price
of
circumvent
one
another:
where
allowed
shameful for a man
Book
of the Eomans, among
and
intestate,
adds
that
:
has no place
testaments.
3
mentioned
is
evident,
have
been
put
Rhodius.
and good
and
contracts,
its reason
and de-
words
[who read
III. 1 But
follows that, as
you
have
to
do
takes
your
words
otherwise
words, he
ought to
of
the
proposer.
Tacitus
speaks
of
is
Heb. vl.
men.
is
said
to
he
acts
otherwise
than
the
words
seem
to
account of
yoxij
dwell
therein.
But
to
the
namely, the posterity of
be judged
the
as
an
league of
by comparison
of
Rahab,
favour ; wherefore
actual fact,
on condition
had
tribute.
not
to
the obligation
progress.
VIII.
what is impossible.
by
supposition
impossible,
the
the
supposition,
ought
For
in
XL
swear, mentioning
punished in
those
who
and
Father
of
all,
Elijah, As thy
some suppose, teach that
pressed, but that
his own
not
bound
in
oaths
in
the
thing
sworn
by,
Matthew,
the
though
to
as a
less
were
dealing
with them,
taking such
to
be
but
to
something
that
will
sworn
promise.
So
force
of
an
mentions,
to
return
to
Annibal.
between
public
enemies,
but
any
parties
;
ninus.
3
Wherefore
I
cannot
to a robber may
effect. And therefore, he who returned
to
was
evidently
kept, if the promises are of a diverse
kind, and
what
he
has
sworn.
has changed something in
Law, which is of
nothing, or
the person,
these defects, but
 
not hound.
says
that
For
this
dication of power to
do [in
effect that
an oath,
to be
is
a
matter
Law. But because
power,
sworn
2
The
act
swearer,
from fear
of
it.
And
on
this
cannot be
before, if
the agreement
in general,
or in
utility,
but
the
be
done,
the
act
nature
of
properly
oath
of
uncer-
tain
v
your yea mean a sincere consent,
and
your
nay
St Paul
those who followed
: so
the
holiness and gravity, had
W.
on
by
promise was
no
less
they
man ofgood faith: and
the
heroic
to peculiar
as he
the same to himself,
because every one is
of the
the king
over such
of
a king who has
legal
constraints,
been
discussed
above;
to
be
themselves in
the
matter
hold against the acts
of coercion
[by
his
the
act,
were
already
understood
to
be
cited,
IV.
Also
and this
likewise applies
and
the
kingdom
does
not
without stating
the part of
from
kingdom have no force,
king
to
make
his
act
that
the
by
recovered by an action of false debt. But sometimes, more
properly,
which truly
these
things
due
by
enters
into
a true and
above,
even
done
business
is.
noted,
that
of
possible,
compensation
the dis-
and the other
taken away
act
Anally, they
immediately
suc-
cession
approach
more
nearly
by its
For an
order
rightly
to
guardian or
as the
of
duce
the
engagements
of
king
acts
are
the
Ruler
of
have
held
trates
questionably
ii
that
a mode-
not the result which is
to
bo
regarded
the
thing
be
the
successors
should receive
the sovereignty,
process
recog-
till
is extant
in Pliny,
if
I
confirm
of
Vitellius,
empire
in
pieces,
money
4
begins
nity,
distinctions,
it
will
be
easy
be
revoked,
except,
remove legal restrictions, without
XIV. By contracts
so
far
as
or some
questions.
Therefore,
since
we
we
may
take
Livy's
fcedera
the people is liable
Among
the
sense in
expected,
Treaty
made
by
the
the king's
office to
belongs
to
It
may
possible
for
them,
that
the
should
be
ful-
affairs, which
a
mere
contract gives anything of his
own,
or
promises
valid so far
terms
depend
who
end
a
possessions which had been disturbed by war are restored by
agreement ;
:
that some treaties
establish that which
a war, but
 
it
by
vicious
habits
before
:
in an
old law
Tarquin,
Sea
Roman
law,
K
there
be
friendly inter-
enemies
indeed;
but
that
what
belonging
to
Roman taken by them
from them
Athenians,
those
who
plunder
barbarians
: and
the
only
stranger.
3
In
this
is
provided
Isocrates
says.
So
alliance in
be
paid
treaty of the
than a
certain rate.
or
against
certain
enemies
other.
VII.
on conditions,
except that
dismantling
whom the
forts in
open to no
change
this
forbidden to treat the
Canaan are an exception,
3
to do good to
interpretation. Also,
passages.
6
See also the example of Abraham and his league with the
king
with Greeks
So 2 Chron.
of
personal
by the
10
follow, [that
permanent,
and
chief
Centurion.
a false religion,
Christians serving as
soldiers with heathens.
is likely
thus to
case of
necessity: such
mere
right
lay
to
who
thus
admonished
Charles
the
Simple
idols. There is in Arrian a saying of Alex-
ander, that Those
;
as
this
applies
to
has
unjust
wars.
Therefore
that
one
of
is
with another of the
being both in
pen,
we
are
to
take
example, we
presence,
answer
if the
later league
ought not
and
the
Numantian
conventions
shew*.
But
not
bound
to
any
one
whom you
mission
of
to all things.
bound
they
ought
to
ambassadors
cerning peace,
what value
leius reports that
public
And
if
were content
whom they
vention
having done
purport of
engagement
in the
some-
And at
for
compensation
the
should
be
Cartha-
ginians
vention was made without its authority, denied that it was
bound
3
The
Komans
urged
silence
against
the
Carthaginians
in
refer-
ence
to
since
that
conven-
that
of
another
generals
and
commanders
the
bad faith in Polysenus,
is
Parricide
be
made
what
Polybius
says,
satisfy
the
of a
for a time.
IV. 1 It is necessary to have recourse to conjectures, when
the
words
The like
Enantiophany,
an
appearance
be
sought
done.
For
: and
a new
the evident
obscurity of
the word
the word
: so
one's
rights
conditionally :
struments
up men, must give them up alive, not dead, as
the Platseans quib-
of
the
An-
be
was not
to be
is least
does
not
follow.
relationship,
any assumption of
words are
or because the usage of art is more wide than
popular usage ; as death,
mised,
some
are
promises
others
the
and
than another, and which impose penalties, and nullify acts, and
change
former
sake
does not pertain
adapted here
as
donative,
are to
mani-
fold,
according
to
only, are understood
to be at
for them.
XIII. 1
Tlie allies
Ebro, was not
Saguntines,
Romans after the
word for
word from
point? That the word
: and according to
them, we say
and
of
with arms
situation
as
conceived to be a just
war
league
with
Pyrrhus,
it
points,
whether
it
was
to
acquire
new
allies.
And
against
in
defended
that
The
treaty
own
should
be
free
in the
peace might
permis-
sion
as
the
war may
could
liberty
to
extraneous com-
the word,yre«, avTovofiov, as
mere quibble.
referred
that
frequent
the
treaty
was
commonly added
Romans
per-
taining
to him, war arose on that ground. But other words
also, and
Latins,
Etruscans,
Sabines,
were
dead,
we
can-
extant.
Justin, whether the cities
Nor is it true, as he assumes, that treaties depend
entirely upon
to
the
would make
Consul
bound
: but
as
now,
careless
of
oaths.
of
a
king,
remains
king;
and
king
of
the
LacedoBmoniwns.
And
these
qualities,
(just
and
legitimate,)
in
before
the prize: though
or
from
Con-
things,
in
place, it is necessary
spoke of before,
may
be
rightly
made,
utter the same
is not
efiect is
to
that
law
infers that an adoption
by
another
form,
but
under
a
must hold,
XXII.
An
interpretation
restricting
is derived
that
no
one
is
supposed
to
meant
same sense.
calls
is
equitable
insight;
and
a
corresponding
law,
when
And
this
of
says Quin-
tilian the
father, though
they are
but in
thing
to
the
in
mating the
thing in question
lent
a
demand it
be excused as long
tribute
when
the
promisee
of his
father or
and
not
to
intended
to
to
that
which
repudiating all
at variance
preferred which
me that,
as.
as
here.
and
by saying
a
moral
claim.
A
appoint
a
magistrate
any
citizen,
the
whole-
value
of
that
a
certain
consequence
loss,
produce
of
produce,
or
only
would
have
produce, minus
is ours may
the loss, others
receives
VII. Secondarily, who
or help
whether arising from
by the
but
are bound
if they were really the cause of the damage, that is,
if their
influence shared
of it.
secondary
order,
and
first order, that
another is
he
progeny,
but
also
to
repay
the
from
the
concourse
the lawful
damage in an unjust sentence, or an unjust accusation.
XVII.
:
held
a
before
Sardinia,
several persons letters of
the
sea-rovers,
not
having
demanded
cau-
tion-money.
I
to nothing more
than to punish
:
in
any
way
shared
in
: and that such
arm vessels and
to use
sailors, contrary
XXI. It is to be noted
also that
slave,
who is
any
fault
of
have said,
calumny,
ridicule,
and
less than in theft,
manifestation
innocency
the
like
choose
; because
money
is
the
common
party
the
right
of
the
supreme
claimants
not ad-
sends, of
was dismissed
territory]. So
be
received
while
did not admit
a
war
had often
account
some
peculiar
odium.
The
of
the
Emperor ;
commanded
Perseus
to
ten days,
except they
came to
surrender the
then their
suite and
be put upon an ambassador, not for any cause, but
only if
he violate
Law is included: and
the ques-
Natural
might either alto-
with
certain
exceptions.
For
of
of
of
the
the
ambassador:
that
pvhlic
faith,
side. For it
understood,
that
great,
nothing
distinguished.
Add
that
the
security
ambassador
war.
possible
that
something
may
not
be
said
against
any delict which
ambassador
was done
to him
of the hostages. On which
occasion,
letters which
might not escape them.
armed force,
Demophon
threatens the Herald. The name of this Herald was Copreus, and
because he used
violence, he was
Philostratus
relates.
Cicero
him
to
whom
the
as
if
But
prohibi-
ambassadors are not
they quitted
bassadors
themselves
at
any
public
meeting in Samnium, they would not depart inviolate. This law
does
not
affect
without
so
any
dealt with the
with
Romans
to
[passing
the
Law
of
Nations,
of
which
we
eon-
fusion
the
rights
of
mankind.
So
dignity of the
such case
the
Bomans
the
Carthaginian
ambassadors
he would do nothing
to the
Consuls this
with
whom
he
resides
IX. Also
such
terms
no
one
will
contract
with
naked
good
war.
law
of
term
this
office,
to
Nature,
which,
was
not
only
told
to
Adam
by
God.
Cicero
also
the
and transmitted
is
not
that considering
should feed
to obviate this.
or
from
enemies.
See
this
:
Enemies were
Sidonian
leader.
So
the
Romans
buried
Hanno
history
So
Pausanias
says
the
Athe-
nians
doubts.
common in
civil than
in foreign
beted and left
rite
to
Theseus
it
nothing,
must
not
quit
to
the
rule
against
man,
has
scorned.
The
latter
his
obtaining eternal praise, even from David. The third example is
that
of
Bazis,
in
the
history
of
the
similar
examples
of
of torments they might
drowned
worth
the Phocians:
It was
the common
history of
Oration quoted.
as
 
causes
sort
of
mutilation
[Lev.
certain
resem-
as lawful
Bhadamanthean
law,
as
we
have
elsewhere
said
transgress
more
gravely
and the punishment, as Horace says. [See.] And in like
manner
of
attributive
an improper
over
just that he should
ought
nothing particularly,
ral to selling
You have
III. 1
person
to
it be
made himself
let him,
of
David.
because
wrong
each
other
ill
of
merit [or
things
supreme
liberty
and
he is
mocking and laughing at them (Prov. i. 26. Isai. i.
24).
by the
man, when he punishes a being of the same nature
as him-
(Publius
Syrus,
man,
a
appetite
is
irrational ;
so
 
good, but a, false
other
things
of
only
by
Christian
doctors,
but
also
by
heathen
Platonic wis-
dom into
nature
of
of
merely
and
example,
for desperate
of
thereof,
and
diminish
done
to
other right.
security by just
suffer evil from
be
directed,
cessary
concomitants
of
have
understood
said
though
the Jews who
for like.
by
affection,
given the
power of
the
proceeding
of
Caesar
when,
to
slow in
punishing those
in
is also the custom among the Muscovites, after a certain
time
has
elapsed
from
com.
for a person
such
ground.
conspicuous
punish-
punishment, is also,
man is by
him who does
alone
ence
to
deluge,
will
to
and afterwards
innocent. And
great
Hebrew apostatizing from the true God and joining idolatrous wor-
ship,
might
be
by
[vii.
15.]
300
pretext,
as
of
pun-
ishing
by tbe Divine
both the most perfect of Laws, and one which promises
rewards
beyond
the
discovery
castigations
which
neither
leave
are
necessary,
give such
at
vari-
ance
of
the
soul,
is a mere satisfaction of the mind of the person
offended, it
is unlaw-
Law
to
certain
common
of us,
to our
v.
44.
The
Hebrew
Christ, however,
follows properly
of doing
to that
of the
that He
will punish
God
injured
to his former place in our
good
will;
be
take it
this. Action for
ther promote
taken
away
by
Christ,
Moses, committed
by
the
example
of
Dayid.
As
therefore
God
could remit the punishment of the law, that is, violent or untimely
death, and
and
yet
the time
for penitence is cut off. But they know that pious magis-
trates take
ing do not follow, being intercepted
by
be
accepted
by
God,
the
example of the thief crucified with Christ proves. But if it
be
which you can
Eusebius the philosopher
them
exception forbidden
the
exercise
of
divine
vengeance;
in
some
degree,
to
propose
pun-
ends of
there
is
no
hope
is
be removed
all
the
there may be
crimes :
and
what
he
says
of
loss
of
has had these three objects, which the prince also ought
to aim at
has
good,
times permitted
of their
prevails in
accusa-
tion
of
on whom that office
any
one
men.
For
whether
the
human
justify the
give them impunity among
but
delay of punish-
rubric.
is given
with the
vicious
men.
not
first
place,
come
to
account
in
estimating,
not
themselves
inveterate
habit
; which is commonly punished, not in itself, but on account of
precedent fault;
because either
punished,
which
neither
directly
nor
indirectly
regard
man. The
be
left
object make the man
are not to be inflicted on
acts
opposed
to
liberality, gratitude.
ingratitude
ought
to
meet
may
be
extended
to
other
fulness,
debt without
want
to
have
is due.
Here the
therefore
say
only
lawful.
And
Law
that there
known to
few, and
of which
the public
of
a
puts
offender
For since all
: that punishment
exacted,
as
omit-
ted
spares,
but
does
don, which they call
a certain
law
; but
this,
as
has been
intrinsic or
which
law,
at
question. For
of
may
be
more
easily,
and
superable
indeed,
ruler ought
was
moved
XXVII. And hence it
of relaxing the law,
not
cause
in
particular
to declare
that the
fact was
No one is
to be punished
equality
of
punishment
[and
ciume]
weights
and
measures,
but
of
[First, of
has gone
beyond the
led to
to shun
to
avoid
or
real.
True
of
goods, not
comes
of
of
that
breaking down
a dam,
to-
wards
by
nature
by
the
canons,
rightly
The
apti-
tude
consider the withholding
that they scarce
desire
led
to
seek
held, that
in proportion
not
deliberately and without extenuating
and no more.
amount.
By
the
Attic
Law,
the
thief, besides a fine of the double, was kept in
bonds some
of
another,
it
is
law
of
false
witness,
to the crime when
lightly
on
a
man in
and
be
too
And this,
greater
number
Hebrews punishes
house
the punishment altogether.
be
its
the quality, the
quantity, the event
heads.
XXXVIII.
of the
Sopater.
it
only
to
have
against the Romans,] could
is
noted
in
nation,
nothing
to
bring
comes to
be indi-
For if
we do
say what
the person
us, is easily
pardoned.
Thou
although
object
of
spiritual
object,
the
appears
act,
a
understood
also
that
piscence,
but
in
usage Hercules
compelled the
narrates
though he does
to be
overthrown by
wild
sians,
(who
the
Greeks,)
the
Vasquius, Azorius, Mo-
either
injured
If
of
been
finished,
but
even
while
says
: that
to
profess
to
civilize
to
we do
by
is,
according
so
manifest
that
they
admit
to
another
adultery ; but others not so easy,
as
the
nected
again,
certain
propositions
law
those
the
sin,
so
too,
even
when
those who have
added,
which
I
say
ground of
said,
are the
also.
For
those
very
reason, called
religion the bulwark of virtue, and the bond of the laws
and
society,
it
the
most
of all this is said
of
impiety.
things is pernicious,
and if passions
pernicious.
Jamblichus
thority
of
unjustly
treated
more
human
race]
than
in
ciyil
society ;
since
in
the
law
is
hence
a
wrong
remark
that
true
four
principles
; of
which
:
any
visible
justice
delivered
2
and
care
of
;
a
the
whole
one
transgressed
other
rites,
the
forbidden
meats
concerning
God
are
brought
together
our
conception
of
God
is
partly
internal,
partly
acquired
by
tradition.
So
Plutarch
no
arguments
to
rest
and
to
been preserved, as
the gods,
is a
and to
the
xvii.
3;
(which
St
Esau,
Job
xxxi.
26,
in bright-
ness, and
who
straightway punish,
wickedness
upon
this
trans-
4 As,
in
other
things
when offered to
it be
proposed to
matter of
as the
this is
done for
by
human
judgment.
To
this
Synod enjoins
that henceforth
believe
will
have
mercy,
and
whom
viii.
15,
does
not
23,
the urgency
interpre-
xxiv.
29,
Procopius
common
saying,
Caius
Sejus
is
a
good
to all virtue,
and to obedience
not
I
themselves
justly
made
wars belong
hereafter
speak,
than
to
persecute
and
punish
or being
in
they had
which was sanctioned
by the punishments of this life, never penally assailed the Sadducees,
who rejected
the doctrine
of the
but not delivered in the old
law,
to say,
if the
is
enlightened,
and
other
dispositions
the sake
Arians, because they
referring,
Priscillianists; and
be
taught
right).
LI.
to be gods.
[of
the
at
{for
they
still
after
that
they
though not in truth, yet in purposej.
2 We have already said
that even
imaginary deities
when appealed
that other
Seneca: The punishment of violating religion is different in different
places,
but
of the gods,
v.
to
the
begged with tears that they wotdd not ascribe to the
whole
Is
no
city
which
by that
of the
common, and require
to be held
to
master, the master
considered as guilty of
bound if the
slave has asserted
appealed to the
prevent.
their
subjects
had
assisted
of Teuta, the
rians, is not accepted, when she said that piracy was
not
practised
by
her,
And in
by
6
It
to
commit
hostile
to
other question, of receiving,
their
to
human
states
one
may
put
in
motion
: and
especially
assailed ;
punishment,
who
is
found
of two
or
it
•because they
did not give up a man who bad killed Lacedsemonians
and, at
a
land
to
error, and Mm,
Romans
attacked the
if
by
a
Hippotians
that
those
understood
in Livy,
signify to
the Romans
they
were
ready
to
punish
them.
:
of
states,
Dio
Chrysostom
injured
one
city,
to
fly
up, if they
not :
had
expelled
him
from
the
city,
Are and water.
of which we
him what they will.
right: it
right which is
in
Clodius,
surrendered
or the other may take
place.
And
but by
some decree
or sentence
he
who
had
of Lysias. [See.]
an innocent
it
accessible
those driven
belonged.
wretched.
In
Xeno-
guilty
men
from
in
the
Ion,
mitted a capital offense, having consulted the oracle, received for
answer
benefit
of
upon
put
to
death
by
the
city,
time
pre-
Princes
are
indeed
like
gods
who, when defeated, had
laid
wait
for
Eumenes,said
that
he
of
punishing,
those
of
Europe,
used
only
with
regard
features
of
atrocity.
It
has
become
offenses, except there be a treaty with some especial provisions
on
this
subject.
It
is
who
made
evil
practices,
reformed in any
but
up.
And
in
another
tragedy
is
not
a
matter
must be
judged by
the civil
as
.^schylus
assumes
and individuals
for, as
Augustine says.
sometimes
this
undergoes civil slavery, by
the
public
may
always
be
because
itself has not. Therefore if these persons be extinct, from
whom desert was deduced and carried
to
the
desert
So Libanius says : It
no
one
is
left
of
struction of
the Branchidse
judgment of
Curtius is
punish
those
who
of
the
same
which we find in
Plutarch On the delayed
again can we argue that, because de-
scendants receive honours and rewards for
the merit of their ancestors,
it
is
just
that
be-
stowed
punishment takes
a damage
which
:
that,
by
the
effect
since
I
in
another
place,
enjoy. And
should be
fault
is
the
proximate
the right of acting.
who is
he
has
to
he had in
of surety-
it
from
himself,
or
bind
himself
in the verse of Ausonius: [WTw
takes death as a substitute
for
in the well
of life,
no
right
to
sacrifice
preserving the
whole body.
the promisor,
not a
such
be
one
of another, it
a pre-existing
when
in
a
person
whose
welfare
affects
:
does
2
It
is just, says Philo, that those should have the penalty who
had
punished
with
custom
is
uncertain fear ought
even
their
parents.
Nor
proceeding,
notwithstanding
the
unjust
than
to
his
father's
do with Medizing,
pardon
the
wife
punished
long,
great punishment.
such remedies,
that God
of
we have an oracle
wicked after
prophecy of
their faults
one which
so
does
praised by
crates, and one
one of Plato's Laws,
the
children.
So
reason, that
king,
as
is to be noted, that if the children of ene-
mies
own, but
of the
traitor,
were
not subject may be
the crimes of the ruler or king. We do not
now inquire
is by itself
;
same writer says,
than
when
a
same,
we
property, or
the like,
;
in his deserts,
some
new
cause
of
obligation
decision
of a
war
not
actuated
danger
for
its
own
nature.
So
Seneca,
On
Clemeney,
says,
Prusseensis
says
it
is
a robber. Aristotle
sword is the
say,
effect.
IV.
Other
of
right,
but
of
strength.
Most
procure, not what
is just, but
perspicuity
we
cause, we have
a just cause
necessity does.
Thus when
war
migrating
the
of
nations
per-
forms
for
pertains to
no one
said
by
law
that
a
slave.
Therefore
anything
gives to those
who have a
it.
as
if
it
;
persons
hitherto unknown
yet
I to do to judge
them that
it
yet
was,
arms
or
by
kingdom was
not of
this world
it
for
legions,
they
have
legions
of
not
by
human,
 
even if the
lastly,
a claim
upon him,
which is
tue, as
prosecuted in
be
resorted
reason
to
the claims which rest upon other virtues [than justice]; and when
this
happens, then there is introduced a new reason of obligation,
and the
For he who
And so
not
wanting,
do
war;
but
yet
war, no restitution
by
arguments
derived
sentiments on the
of wise men.
they
had
purpose,
and
the
ments are adduced
free from
blame, on
of a
the
It
guilty
man
than
to
condemn
lan-
guage.
it is just.
arms.
So
who hare
the
question
to
an
might agree
being
the
Athenians
time,
to the decision
of the Roman
people. And the
the
Carthaginians
in
concerning
was
they were
arbiters betweer
without
fighting,
The
same
writer
testi-
fies
that
the
priests
the true
the
practice
others, it would
Congresses
ofChristian
Powers
of
old
among
controversies
would
great evils are prepared
on the Ina-
Elis ; Cor-
be
not
done
it
So
people which shall
especially
the
that
are assembled and brought
to
doubtful
the
reason
from
the
neither
justly,
as
Aristotle
rightly
thing,
as
cannot
he is
is
so.
both
of
all
;
his own
trustee,
whose
side is
bad ; and
Quintilian, that
Aristotle
;
both sides
a judge,though given not according to law, and possession
without right,
to do
to
undertake
it.
2
That
the
arms
of
only
are
some
cases
in
attacked,
have
is
so
much
more
of
convenience. So
Aristides persuades cities to pardon and concede, if it be any moderate
matter
So
2
So Seneca characterizes a prince, that he forgives his own injuries
more easily
and
David.
[See.]
This
staining
from
war,
arms. Plutarch, in
whether
we
Strabo relates of Syrmus
duces
to
themselves,
they
good. The
means wh