The Rights of War and Peace: In Three Volumes

Table of Contents

3 the contents [The Life of Hugo Grotius]1 59 [Dedication]1 71 [The Preliminary Discourse]1 75 Book I chapter i What War is, and what Right is. Sect. I. The Order of the Treatise. 133 II. The Definition of War, and the Original of the Word (Bellum). 134 III. Right, as it is attributed to Action, described, and divided into that of Governors, and that of Equals. 136 IV. Right taken for Quality divided into Faculty, and Aptitude or Fitness. 138 V. Faculty strictly taken, divided into Power, Property, and Credit. 138 VI. Another Division of Faculty into private and eminent. 140 VII. What Aptitude is. 141 VIII. Of expletive and attributive Justice, that they are not properly distinguished by Geometrical and Arithmetical Proportions, nor is this conversant about Things common, nor that about Things private. 142 IX. Right, taken for a Rule or Law, defined and divided into natural and voluntary. 147 1. Omitted in original table of contents. 4 the contents X. The Law of Nature defined, divided, and distinguished from such as are not properly called so. 150 XI. That Natural Instinct does not make another distinct Law. 157 XII. How the Law of Nature may be proved. 159 XIII. Voluntary Right divided into human and divine. 162 XIV. Human Right divided into a Civil Right, a less extensive Right than the Civil, and a more extensive Right, or the Law of Nations: This explained and proved. 162 XV. The Divine Law divided into that which is universal, and that which is peculiar to one Nation. 164 XVI. That the Law given to the Hebrews did not oblige Strangers. 166 XVII. What Arguments Christians may fetch from the Judaical Law, and how. 175 chapter ii Whether it is ever lawful to make War. Sect. I. That to make War is not contrary to the Law of Nature, proved by Reasons. 180 II. Proved by History. 185 III. Proved by a general Consent. 187 IV. That War is not contrary to the Law of Nations. 189 V. That the voluntary divine Law before Christ, was not against it, proved; and the Objections answered. 190 VI. Certain Cautions concerning the Question, whether War be contrary to the Law of the Gospel. 195 VII. Arguments for the negative Opinion, out of Holy Writ. 197 VIII. The Arguments out of Scripture for the Affirmative answered. 208 IX. The Opinion of the Primitive Christians concerning this examined. 222 the contents 5 chapter iii The Division of War into publick and private; together with an Explication of the Supreme Power. Sect. I. The Division of War into publick and private. 240 II. That every private War was not by the Law of Nature unlawful, after the erecting of Tribunals of Justice, defended with some Examples. 241 III. Nor by the Evangelical Law, with an Answer to the Objections. 242 IV. Publick War divided into that which is solemn, and that which is not solemn. 248 V. Whether a War made by the Authority of a Magistrate who has not the supreme Power, be a publick one, and when it is so. 252 VI. In what the civil Power consists. 257 VII. What Power is supreme. 259 VIII. The Opinion refuted, which holds that the supreme Power is always in the People, and the Arguments for it answered. 260 IX. Mutual Subjection of King and People refuted. 276 X. Some Cautions for judging of the sovereign Power: The First is, to distinguish a Likeness of Terms, when the Affair is altogether different. 277 XI. The Second Caution is, to distinguish a Right from the Manner of possessing that Right. 279 XII. Some sovereign Powers are held with a full Right of Alienation. 285 XIII. Others have no such Right. 293 XIV. Some Powers, tho’ not supreme, are yet held with the Right of Alienation. 296 XV. This appears from the different Ways of assigning Regents and Guardians in Kingdoms. 297 XVI. A Sovereign does not lose his supreme Power by any Promise, provided what he promises does not regard the Law of GOD or Nature. 300 XVII. That the sovereign Power is sometimes divided into subjective and potential Parts. 305 6 the contents XVIII. But that there is such a Division, or sharing of the Sovereignty between King and People, is ill inferred from this, that Princes will have some of their Acts confirmed by...