The Whole Duty of Man, According to the Law of Nature

Chap. 16. Of War and Peace,

238 the whole duty of man are designed. And neither of the two Patrimonies can be alienated by the Prince without the People’s Consent. Much less can a whole Kingdom (that is not held patrimonially) or any Part of it, be alienated without their Consent to it: And in the latter Case particularly the Consent of that Part that is to be alienated. As on the other Hand no Subject against the Will of his Community, can possibly disingage himself from the Bonds of his Duty and Allegiance to it; unless the Force of foreign Enemies reduces him to such a Condition, that he has no other Way to be safe. u c h a p t e r x v i u Of War and Peace Altho’ nothing is more agreeable to the Laws of Nature, than the mutual Peace of Men with one another, preserved by the voluntary Application of each Person to his Duty; living together in a State of Peace, being a peculiar Distinction of Men from Brutes; yet it is sometimes both Lawful and Necessary to go to War, when by means of another’s Injustice, we cannot, without the Use of Force, preserve what is our own, nor injoy those Rights which are properly ours. But here common Prudence and Humanity do admonish us *to forbear our Arms there, where the Prosecution of the Injuries we resent, is likely to return more Hurt upon us and ours, than it can do Good. VI. Neither Royal Power nor Allegiance, alienable. L. N. N. l. 8. c. 5. §10. I. Necessity of War sometimes . L. N. N. l. 8. c. 6. §2. *Grotius de Jure Belli & Pacis, l. 1. c. 2. according to the law of nature 239 The just Causes upon which a War may be undertaken, come all to these: The Preservation of our selves, and what we have, against an unjust Invasion ; and this Sort of War is called *Defensive. The Maintenance and Recovery of our Rights from those that refuse to pay them: The Reparation of Injuries done to us, and Caution against them for the future. And this Sort of War is called Offensive. Not that upon a Prince’s taking himself to be injur’d, he is presently to have Recourse to Arms, especially if any Thing about the Right or Fact in Controversie remains yet under Dispute. † But first let him try to compose the Matter in an amicable Way, by Treaties, by Appeal to Arbitrators , or by submitting the Matter in Question to the Decision of a Lot; ‡ and these Methods are the rather to be chosen by that Party who claims from another, because Possession, with any Shew of Right, is wont to meet with the most favourable Constructions. The unjust Causes of War, are either those which openly to all the World are such; as, Ambition and Covetousness, and what may be reduced thereto: Or § those that admit of a faint and imperfect Colour to be pretended in their Excuse. Of this Kind there is Variety: As, The Fear of a Neighbour’s growing Wealth and Power; Conveniency of a Possession, to which yet no Right can be made out; Desire of a better Habitation; The Denial of common Favours; The Folly of the Possessor; The Desire of extinguishing another’s Title, lawfully acquired, because it may be prejudicial to us; 㛳 and many more. And tho’ the most proper Way of Acting in War, is by that of Force and Terrour, yet it is altogether as lawful to attack an Enemy by Stratagems and Wiles, provided that the Faith and Trust which you give him is inviolably observed. ¶ It is lawful to deceive him by Stories and feigned Narrations, not by Promises and Covenants. II. Just Causes of War. L. N. N. l. 8. c. 6. §4. III. Amicable Composition. IV. Unjust Causes of War. L. N. N. l. 8. c. 6. §5. V. Of Deceit in War. L. N. N. l. 8. c. 6 §6. *Grotius de Jure Belli & Pacis, l. 2. c. 1, &c. to l. 2. c. 23. † Grotius de Jure Belli & Pacis, lib. 2. cap. 23, 24. ‡ Grotius de Jure Belli & Pacis, lib. 2. c. 23. §12.§ Grotius, l. 2. c. 24. §4. 㛳 Grotius, l. 2. c. 1. §17. Cap. 22. §5.¶ Grotius de Jure Belli & Pacis, l. 3. c. 1. §6, &c. 240 the whole duty of man But concerning the Violence which may be used against...