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• The Rights of War and Peace Book Iii
• Chapter I: Certain General Rules, Shewing What, By the Law of Nature, Is Allowable In War; Where Also the Author Treats of Deceit and Lying.
• Chapter II: How Subjects Goods, By the Law of Nations, Are Obliged For Their Prince’s Debts: and of Reprisals.
• Chapter III: Of a Just Or Solemn War, According to the Right of Nations, and of Its Denunciation.
• Chapter IV: The Right of Killing Enemies In a Solemn War; and of Other Hostilities Committed Against the Person of the Enemy.
• Chapter V: Of Spoil and Rapine In War.
• Chapter VI: Of the Right to the Things Taken In War.
• Chapter VII: Of the Right Over Prisoners.
• Chapter VIII: Of Empire Over the Conquered.
• Chapter IX: Of the Right of Postliminy.
• Chapter X: Advice Concerning Things Done In an Unjust War.
• Chapter XI: Moderation Concerning the Right of Killing Men In a Just War.
• Chapter XII: Concerning Moderation In Regard to the Spoiling the Country of Our Enemies, and Such Other Things.
• Chapter XIII: Moderation About Things Taken In War.
• Chapter XIV: Of Moderation Concerning Captives.
• Chapter XV: Moderation In Obtaining Empire.
• Chapter XVI: Moderation Concerning Those Things Which, By the Law of Nations, Have Not the Benefit of Postliminy.
• Chapter XVII: Of Neuters In War.
• Chapter XVIII: Concerning Things Privately Done In a Publick War.
• Chapter XIX: Concerning Faith Between Enemies.
• Chapter XX: Concerning the Publick Faith Whereby War Is Finished; of Treaties of Peace, Lots, Set Combats, Arbitrations, Surrenders, Hostages, and Pledges.
• Chapter XXI: Of Faith During War, of Truces, of Safe-conduct, and the Redemption of Prisoners.
• Chapter XXII: Concerning the Faith of Inferior Powers In War.
• Chapter XXIII: Of Faith Given By Private Men In War.
• Chapter XXIV: Of Faith Tacitly Given.
• Chapter XXV: The Conclusion, With Admonitions to Preserve Faith and Seek Peace.
• Passages of Scripture, Illustrated, Examined, Or Corrected In This Treatise . †
• Appendix Prolegomena to the First Edition of De Jure Belli Ac Pacis
• Bibliography of Postclassical Works Referred to By Grotius
• Bibliography of Works Referred to In Jean Barbeyrac’s Notes

CHAPTER XV

Moderation in obtaining Empire.

I.How far internal Justice allows the gaining of Empire.I. If there be some Rules of Equity which we cannot dispense with, and some Acts of Humanity which we laudably exercise towards private Persons, tho’ not bound to it in Rigour, we are so much more obliged to observe the former, and it is so much more commendable to practise the latter, towards a whole Nation, or part of one, as the Injury done to a great Number of People is more enormous, and the good done to a Multitude is more considerable, than that which we do to a single Person. As other Things may be obtained in a just War, so the Right of<670> the Sovereign over a People, and the Right which the People themselves have, in Regard to the Sovereignty, may be acquired; but only so far as the Degree of the Punishment due to their Crimes, or the Value of any other Debt, may justify. To which we may also add, the Necessity to avoid some extraordinary Danger. But this last Reason is for the most part joined with the other two, which yet, either in making Peace, or in managing a Victory, is chiefly to be considered. For in other Cases we may abate of our Right, from a Principle of Goodness and Indulgence, but in a publick Danger it is a cruel Compassion to trust too much to a conquered Enemy. Thus Isocrates addresses Philip,1It will be necessary for you so far to subdue the Barbarians, as to secure your own Country from all Danger.

II.To forbear this Right over the Conquered is commendable.II. 1. Sallust1 records of the antient Romans, Our Ancestors, the most religious of all Men, took nothing from the Vanquished, but the Power to hurt. A Reflection well worthy of a Christian: And to this Purpose he tells us in another Place,2Wise Men make War for the Sake of Peace, and undergo Labour in Hopes of Rest. Aristotle often said,3The Design of War is Peace, and Rest of Labour. And this is the Meaning of Cicero’s excellent Saying,4War should be undertaken for no other Reason but to procure a firm Peace. And the same Author again, Wars are to be undertaken for this End, that we may live securely in Peace.

2. Agreeably to this our Christian Divines teach us, that the End of War is to remove those Things which disturb Peace. Before the Days of Ninus, as we have before observed out of Trogus,5 the Custom was rather to defend the Bounds of a State, than to enlarge6 them. Every one’s Dominion was limited within his own Country. Kings did not seek for Empire to themselves, but Glory to their People; and contenting themselves with the Victory, would not rule over the Conquered. To which State St. Augustin would reduce us, if possibly he could.7Let them consider, says he, that it does not belong to good Men to endeavour at the enlarging their Dominion: To which he adds, It is a greater Happiness to have a peaceable Neighbour, than to subdue an ill one in War. And the Prophet Amos, (Chap. i. ver. 23.) highly blames the Ammonites, for their eager desire to enlarge their Borders, by encroaching on their Neighbours.

III.Either by mixing the Conquered with Conquerors.III. The prudent Moderation of the old Romans comes very near to this exemplary Innocence of the primitive Times.1What would our Empire now have been? (says Seneca) if a sound Policy had not intermixed the Conquered with the Conquerors. Our Founder Romulus, (says Claudius,2 in Tacitus) was so wise, that he made those that were his Enemies, the same Day Citizens; and he tells us,3That nothing so much contributed to the Ruin of the Lacedemonians and Athenians, as their excluding the Conquered as Strangers from the common Rights of their Citizens. Livy4 says, the Roman Republick was aggrandized, by giving the Freedom of Citizens to its Enemies, after they were conquered. Histories give us the Examples of the Sabins, Albans, Latins, and other Italian Nations; till at last, Caesar led the Gauls5 <671> in Triumph, and then introduced them into the Senate. Cerealis, in Tacitus,6 thus addresses the Gauls, You yourselves generally command our Legions, you govern these, and the other Provinces; you are denied or debarred nothing: And he adds, Wherefore love Peace, and reverence a City where you enjoy the same Right as the Conqueror. Lastly, what is very admirable, all within the Compass of the Roman Empire, by the Decree of the Emperor Antoninus,7 were made Citizens of Rome, which are the very Words of Ulpian. After that, as Modestinus8 observes, Rome was the common Country of all that were under its Dominion. And thus said Claudian of it,

• • 9Hujus pacificis debemus moribus omnes,
  • Quod cuncti gens una sumus.
• • We owe this Union of so many States
  • To her pacific Maxims.

IV.Or by leaving the Sovereignty in the Hands of those that possessed it before.IV. 1. There is another Kind of Moderation in Victory, to leave to the Conquered, either Kings or People, their own Government. Thus Hercules to Priam,

• • 1Hostis parvi victus lacrymis,
  • Suscipe, dixit, Rector habenas,
  • Patrioque sede celsus solio,
  • Sed sceptra fide meliore tene.
• • Won by the Tears of a disabled Enemy,
  • Once more (says he) receive the Reins of Empire,
  • Fill once again, the Throne of your Progenitors;
  • But keep your Faith with more Integrity.

The same Hercules having conquered Neleus, gave his Kingdom to his Son Nestor. Thus the Persian Monarchs left their Kingdoms to the conquered Kings. So did Cyrus to the King of Armenia, and Alexander to Porus. This2Seneca much commends, To take nothing from the vanquished King but Honour. And Polybius3 admires the Moderation of Antigonus, that when he had Sparta in his Power, he left to the Citizens, Their antient Government and Liberty. Which Act, he says, acquired him great Praise throughout Greece.

2. Thus the Cappadocians were permitted by the Romans to use what Form of Government they pleased; and several other Nations, after the War, were left free.<672> Carthage4was left free, to be governed by her own Laws, as the Rhodians pleaded to the Romans, after the second Punick War; and Pompey, (says5Appian) Of the conquered Nations he left some free. And Quintius answered the Aetolians, crying out that there could be no firm Peace, till Philip the Macedonian were driven out of his Kingdom;6 they had perfectly forgot the Custom of the Romans, to spare those they had conquered; adding this, That a great Soul was always the most merciful to the Vanquished. And Tacitus informs us,7That nothing was taken away from Zorsines when he was conquered.8

V.Sometimes by placing of Garrisons.V. Sometimes with the restoring of the Sovereignty, the Conqueror’s Security is also provided for.1 Thus it was ordered by Quintius, that the City of Corinth should be restored to the Achaeans, but a2 Garrison put into the Citadel. And that Chalcis and Demetrius should be detained, till all Fear of Antiochus were over.

VI.Or by Tributes, and the like Impositions.VI. The imposing of Tributes is oftentimes not so much to reimburse the Charges of a War, as for the Security both of the Conqueror and Conquered, for the future. Cicero writes thus of the Greeks,1Let Asia also consider, That she can never be free from a foreign War, or domestick Quarrels, if she be not secured by the Roman Empire, and since that cannot be done without Tributes; she may very reasonably part with some of her Wealth, to secure to herself a perpetual Peace. Petilius Cerealis, in Tacitus, thus pleads for the Romans, with the Lingones, and other Gauls.2We, tho’ so often provoked, yet, by the Right of Victory, exact of you only what is necessary to maintain Peace. For the Peace of Nations cannot be maintained without Arms, nor Arms without Pay, nor that without Tributes. Agreeable hereunto is that which we have saida before, when we treated of unequal Alliances, as to deliver up one’s Arms, Fleets, Elephants, to keep no Fort nor Army.

VII.Profit arising from this Moderation.VII. 1. But that their own Sovereignty should be left to the Vanquished, is not only agreeable to Humanity, but often also to Policy. This is commended among Numa’s Laws, that he would have no Blood shed at the Rites of the God Terminus, thereby intimating, that nothing more contributed to a firm Peace than to live contentedly within our own Bounds. And Florus1 well observes, It is harder to keep Provinces, than to conquer them; they are gained by Force, but must be retained by Justice. Like to this is that of Livy,2It is more easy to conquer several Countries, one after another, than to keep them all together. And Augustus says, in Plutarch,3It costs less to conquer a great Empire, than to govern it when conquered.<673> Darius’s Embassadors tell Alexander,4A foreign Empire is dangerous, it is hard to hold what one cannot grasp. It is easier to conquer some Places than to keep them. How much more easily do our Hands take than they can hold!

2. Which5Calanus the Indian, and before him Oebarus,6Cyrus’s Friend, explains, by the Comparison of dry Leather, which when pressed down with your Foot on one Side, rises up on the other. And T. Quintius, in Livy,7 by the Similitude of a Tortoise, who when he draws himself into his Shell is safe from Harm; but as soon as ever he peeps out, is presently in Danger. Plato8 in his third Book of Laws, thus applies the Saying of Hesiod, Omni dimidium plus, One half is better than the whole. And Appian9 observes, that when some Nations desired to be admitted under the Roman Government, they were refused; and to some Nations they appointed Kings. In the Opinion of Scipio Africanus, the Roman Empire in his Days was so large, that to desire more would be but Covetousness; to keep quietly what they had, would be sufficiently happy. Wherefore that Prayer in which, at their solemn Purgations, the Romans used to intreat the Gods to prosper and enlarge their Empire,10 he thus amended, that they would preserve it in perpetual Safety.

VIII.Examples, and of the Change of Government among the Conquered.VIII. The Lacedemonians, and in the Beginning, the Athenians, never pretended to any sovereign Power over conquered Cities, they only insisted that they should use the same Form of Government with themselves. The Lacedemonians being under an Aristocracy, and the Athenians under a Democracy, as Thucydides, Isocrates, and Demosthenes inform us, and also Aristotle himself, in his eleventh Chapter of his fourth Book, and seventh of the fifth of the Republick; to which very Thing, Heniochus, a Writer of those Times, makes this Allusion in his Comedy,

• • 1 Γυναι̑κας δ’ αὐτὰς δύ’ ἐταράττετόν τινε
  • Ἀεὶ συνον̂σαι· Δημοκρατία θατέρᾳ<674>
  • Ὄνομ’ ἐστὶ, τῃ̑ δ’ Ἀριστοκρατία θατέρᾳ,
  • Δι’ ἃς πεπαρωνήκασιν ἤδη πολλάκις
• • Two Women, turbulent in their Designs,
  • Arriv’d amongst them: Democratia
  • The one was call’d, Aristocratia th’other,
  • These some Time since distracted them.

Tacitus mentions the same Thing done by Artabanus, in Regard to Seleucia,2He established Aristocracy for his own Interest, because popular Government comes nearer to Liberty, and the Dominion of a few Nobles somewhat resembles arbitrary Power. But whether such Alterations3 make for the Security of the Conqueror, it is not my Business to determine.

IX.If the Sovereignty be assumed, part of it to be left to the Conquered.IX. But if it be not perfectly safe to leave to the Conquered their entire Liberty, yet it may be so moderated, that some Part of the Government may be left to them, or their Kings. Tacitus1 tells us, that it was the Custom of the Romans, to make even Kings Instruments of Subjection. So Antiochus is called,2The richest of all the Kings that were subject to them. Kings, Subjects of the Romans,3 in the Commentaries of Musonius. And in Strabo,4 about the End of the sixth Book. Thus Lucan,

• 5Atque omnis Latio, quae servit purpura ferro.
• And every Prince that serves the Roman State.

Thus the Government continued among the Jews, in the Sanhedrim,6 even after Archelaus had been stript of his Kingdom. And Evagoras,7 King of Cyprus, (as Diodorus relates) said, he would obey the King of Persia, but that as one King did another. And Alexander offered to Darius, after he had overcome him,8 That he should rule over others, provided he would obey him, his Conqueror. We have alreadya treated of the Manner how a Government may be mixed. Sometimes, conquered Kings had Part of their States restored to them, and at the same Time, Part of the Lands9 was left to the antient Possessors.

X.Or at least some Sort of Liberty.X. Yet when all Sovereignty is taken from the conquered, there may be left to them their own Laws, about their private and publick Affairs, of small Moment, and their own1 Customs and Magistrates. Thus Pliny’s Epistles tell us, that in<675> Bithynia, a Proconsular Province, the City2Apamea was indulged to govern their State as they pleased themselves. And in other Places, the Bithynians had their own Magistrates, and their own Senate. So in Pontus, the City of Amisus, by the Favour of Lucullus,3 was allowed its own Laws. The Goths left their Civil Law to the conquered Romans.

XI.Especially in Religion.XI. 1. Another Privilege which ought to be allowed the Conquered, is1 the Exercise of their antient Religion; unless they themselves, being convinced, are desirous to change it; which Agrippa, in his Oration to Cajus, (which Philo gives in his Relation of his Embassy) proves to be both very agreeable to the Vanquished, and not prejudicial to the Victor. And in Josephus, both Josephus himself, and the Emperor Titus,2 objected to the rebellious Jews at Jerusalem, that, by the Favour of the Romans, they might use their own religious Ceremonies with so much Liberty, that they might drive away Strangers from their Temple, even at the Peril of their Lives.

2. But if the Religion of the Conquered be false, the Conqueror ought to take Care,3 that the true one be not oppressed; which Constantine did, by weakning Licinius’s Party; and after him the antient Kings of France, and of other Nations.

XII.At least we ought to use the Conquered with Mercy, and why.XII. 1. The last Advice is, where the Empire is entirely and absolutely obtained, there we should treat the Conquered with Gentleness, and in such a Manner that their Interests may be blended with those of the Conqueror. Cyrus bid the conquered Assyrians be of good Courage, telling them that their Condition should be the same it was before, except only that they would have another King; that they should enjoy their Houses, Lands, their Authority over their Wives and Children, as before; and if any one wronged them, he and his would take Care to see them righted. We read in Salust,1The Romans chose rather to gain Friends than<676> Slaves, and thought it safer to govern by Love than Fear. In the Days of Tacitus,2 the Britons readily made their Levies, paid their Tributes, and performed all Duties enjoined them by the Romans, whilst they were not ill-treated; but they could not easily bear Wrongs, being so far conquered, as to be Subjects, not Slaves.

2. The Privernian Embassador being asked in the Roman Senate, what Sort of Peace the Romans might expect from them, replies, If you shall grant a good Peace, it will be firm and lasting; if a bad one, it will not hold long. And he gives the Reason,3Do not think that any People, or single Person, will ever continue longer in a Condition that he does not like, than he is absolutely forced to it. So said Camillus, That Empire is most secure, which is agreeable to those over whom it is exercised. The Scythians told Alexander, There is no true Friendship between the Lord and the Slave; and, in the midst of Peace, the Rights of War remain. And Hermocrates, in Diodorus, It is not so glorious to overcome, as to use the Victory with Humanity. In Order to make a right Use of Victory, the Saying of Tacitus ought always to be remembred, that We cannot finish a War in a more happy and glorious Manner than by pardoning the Vanquished. Julius Caesar, in a Letter he wrote when Dictator, says, Let this be the new Way of conquering, to secure ourselves with Mercy and Liberality.

[1 ]Epist. II. Ad Philip. p. 409. Edit. H. Steph.

[1 ]Neque victis quidquam, praeter injuriae licentiam, eripiebant, [nostrimajores, religiosissimi mortales] Bell. Catilinar. Cap. XII. Edit. Wass.

[2. ]Postremo sapientes, paucis caussa bellum gerunt, laborem spe otii sustentant. Orat. I. ad Caesar. De Reb. ordinand. Cap. XL.

[3. ]Politic. Lib. VII. Cap. XV. See also the foregoing Chapter, and Ethic. ad Nichom. Lib. X. Cap. VII.

[4. ]Bellum autem ita suscipiatur, ut nihil aliud, nisi pax quaesita videatur, De Offic. Lib. I. Cap. XXIII.

[5. ]Fines imperii tueri, magis quam proferre, &c.Justin, Lib. I. Cap. I. Num. 3, 4.

[6. ]The Emperor Alexander told Artaxerxes King of Persia, that every Prince ought to be contented with his own Possession, and not undertake a great War, for the Sake of extending his Frontiers. Grotius.

This Passage is in Herodian, Hist. Lib. VI. Cap. II. Num. 9. Edit. Boecler. I see no Reason for our Author’s having put in the Beginning of it, ἐν τοι̑ς ἰδίοις ὅροις, instead of ἐν τοι̑ς τω̂ν ἰδίων ὅροις. The Correction is not at all necessary, admitting our Author had believed the Reading faulty.

[7. ][[There is no footnote associated with this number in the original. In the Latin text it is “De Civ. Dei, lib. IV, 15.”]]

[1 ]Quid hodie esset imperium, nisi salubris providentia victos permiscuisset victoribus? De Ira, Lib. II. Cap. XXXIV.

[2. ]At Conditor noster Romulus tantum sapientia valuit, ut plerosque populos eodem die hostes, dein cives, habuerit. Annal. Lib. XI. Cap. XXIV. Num. 7.

[3. ]Quid aliud exitio Lacedaemoniis & Atheniensibus, quamquam armis pollerent, nisi quod victos pro alienigenis arcerent? Ibid. Num. 6.

[4. ]Vultis, exemplo majorum, augere Rem Romanam, victos in civitatem accipiendo? Lib. VIII. Cap. XIII. Num. 16.

[5. ]Gallos Caesar in triumphum ducit, idem in Curiam. This is a Kind of a Song, made by Persons discontented with the Government, as Suetonius informs us, in the Life of Julius Caesar, Cap. LXXX. from which our Author took this Verse.

[6. ]Ipsi plerumque Legionibus nostris praesidetes: Ipsi has aliasque provincias regitis. Nihil separatum clausumve. Hist. Lib. IV. Cap. LXXIV. Num. 3.

[7. ]In Orbe Romano qui sunt, ex Constitutione Imperatoris Antonini, cives Romani effecti sunt. Digest. Lib. I. Tit. V. De Statu Hominum, Leg. XVII. This was the Emperor Caracalla, and not Antoninus Pius, as is said in Novell. LXXVIII. of Justinian, Cap. V. nor Marcus Antoninus, to whom Aurelius Victor attributes the Constitution in Question, De Caesaribus, Cap. XV. Num. 13. upon whose Authority Grotius seems to determine in Favour of the latter Emperor, in his Sparsiones Florum ad Jus Justinian, p. 75. Edit. Amstel. Neither was it from a Motive of Moderation, or good Policy, that Caracalla made all the Subjects of the Empire, who were Freemen, Citizens of Rome; but to encrease his Finances, by multiplying the Profits and Echeats, which he derived only from Roman Citizens, upon Occasion of several Things that Strangers had no Share in. This the Learned have long ago observed, chiefly from the express Words of Dion Cassius, Excerpt. Peiresc. p. 744. And after them the late Baron Spanheim has exhausted the Subject, in his excellent Work, intitled Orbis Romanus, Dissert. II. Cap. I. & seq.

[8. ]Roma communis nostra patria, &c. Digest, Lib. L. Tit. I. Ad Municipalem, &c. Leg. XXXIII.

[9. ]In secundum Consulat. Stilichon. ver. 154, 159.

[1 ]Troad. ver. 725. & seq.

[2. ]Si vero regnum quoque suum tuto relinqui apud eum potuit, reponique eo unde deciderat: Ingenti incremento surgit laus ejus, qui contentus fuit, ex Rege victo nihil, praeter gloriam, sumere. De Clement. Lib. I. Cap. XXI. The whole Passage is well worthy of being read: Especially what follows immediately, where the Philosopher says, that to act so is to triumph over Victory itself, and to shew, in the most evident Manner, that the Victor found nothing amongst the Vanquished worthy of him. Hoc est etiam ex victoria sua triumphare, testarique, nihil se, quod dignum esset victore, apud victos invenisse. Pompey the Great left Tigranes, King of Armenia, Part of his Dominions, as Eutropius informs us, Brevar. Hist. Roman. Lib. VI. Cap. X. Grotius.

[3. ]Lib. V. Cap. IX.

[4. ]This the Embassadors of Rhodes said to the Roman Senate, Ne alios populos enumerem, Carthago libera cum suis legibus est.Livy, Lib. XXXVI. Cap. LIV. Num. 25. See what is remarked upon this Liberty, left by the Romans to conquered Kings and States, Book I. Chap. III. § 21. Note 21.

[5. ]Bell. Mithridat. (p. 251. Edit. H. Steph.) To understand the Condition of those free States read Polybius, Excerpt. Legat. Num. 9. And Suetonius, in the Life of Julius Caesar, (Cap. XXV.) There are also some Things, well worth reading upon this Head, in Francis Guilliman, De Rebus Helvetiorum, (Lib. I. Cap. VIII.) Grotius.

[6. ]Livy, Lib. XXXIII. Cap. XII. Num. 5, and 9.

[7. ]Sic Zorsini victo nihil ereptum. Annal. Lib. XII. Cap. XIX. Num. 3.

[8. ]Pepin left the Crown to Aistulphus the Lombard.Grotius.

King Pepin had neither in the first nor second Expedition he undertook against Aistulphus, made himself Master of all that the Lombards possessed in Italy. He had only besieged Pavia, the Capital of their Kingdom. It is true, that as he came into Italy, at the Solicitation of Pope Stephen, he was contented with demanding of Aistulphus, by the Treaty of Peace, the Restitution of the Exarchat of Ravenna. See Eginhard, De vita Caroli Magni, Cap. VI. with the Note of the last Edition; as also the Authors cited by Father Daniel, Hist. de France, Tom. I. p. 371 & seq. Edit. Amster.

[1 ]Or rather by the ten Embassadors, sent by the Romans to conclude a Peace with Philip. Postremo ita decretum est, &c.Livy, Lib. XXXIII. Cap. XXXI. Num. 2.

[2. ]But the same Flaminius afterwards gave up this Article, as Polybius informs us, Excerpt. Legat. Num. 9. and Plutarch, Vit. Tit. Q. Flamin. (374.) Grotius.

[1 ]Simul & illud Asia cogitet, &c. Lib. I. Epist. Ad Quint. fratr. I. Cap. XI.

[2. ]Nos, quamquam totiens lacessite, &c. Hist. Lib. IV. (Cap. LXXIV. Num. 1, 2.) See what Agathias says, concerning the Custom of the Persians, Lib. IV. (Cap. IX.) Grotius.

[a ]B. ii. c. 15. § 7. n. 7.

[1 ]Sed difficilius est provincias obtinere, quam facere. Viribus parantur jure retinentur. Lib. IV. Cap. XII. Num. 29.

[2. ]Parari singula adquirendo facilius potuisse, quam universa teneri posse. Lib. XXXVII. Cap. XXXV. Num. 6.

[3. ]Upon Occasion of Alexander the Great, who after having conquered a great Part of the World, at the Age of thirty-two Years, was in Pain about what he should do afterwards. Apophthegm. p. 207. D. So Dion Cassius observes, that Augustus was praised for his Moderation, in contenting himself with the Dominions he possessed. Grotius.

The Passage of Dion Cassius is in Lib. LIII. except the first Words, which our Author adds to it, no Doubt, from quoting by Memory; and which express the Approbation given by the Publick to the Moderation of Augustus. The Historian relates only what that Emperor believed his Duty to do, and the Advice he gave to the Senate upon it. p. 602. C. Edit. H. Steph. But Tiberius, his Successor, praised him for that, amongst other Things, in his funeral Oration, Lib. LVI. p. 684. E. 685. B. See also p. 678. A.

[4. ]In the Passage cited by our Author in this Place, and which he takes from Quintus Curtius, there is not peregrinum imperium, but praegrave, that is to say, too weighty an Empire. Periculosum est praegrave imperium: Difficile est continere, quod capere non possis.—Facilius est, quaedam vincere, quam tueri. Quam hercule expeditius manus nostrae rapiunt quam continent. Lib. IV. Cap. XI. Num. 8, 9. If the Reader desires a greater Number of Authorities to confirm the present Reflection, he may find an ample Collection in the Varii DiscursusJani Gruteriin aliquot insigniora locaOnosandriatqueTaciti, Part I. p. 141, & seq.

[5. ]By this Comparison the Indian Philosopher intended to signify, that Alexander ought not to remove from the Midst of his Dominions; for in treading upon the Extremity of the Leather the Motion was occasioned, which ceased when he put his Foot upon the Middle of it. Plutarch, Vit. Alexandr. p. 701 E.

[6. ]Our Author cites nobody here: But he took this Fact from Aristides, which he relates in his Eulogy of Rome. And the Comparison is said there to have been made in another Sense and View: For if the Rhetorician is to be believed, Oebarus used it, to give Cyrus to understand, when tired with travelling so much in his Dominions, that doing so was absolutely necessary, in Order to preserve Tranquillity and good Order; and that, if he contented himself with visiting only some Places, leaving Things to go as they would in others, it would be like treading upon Leather only on one Side, which is thereby kept under, whilst the other Parts of it rise up. Orat. in Romae laudat. p. 353, 354. Vol. I. Edit. Paul Steph. It is true the Panegyrist introduces this on Occasion of the antient Persian Kings, who neither knew how to push nor keep their Conquests in Europe. For the Rest, as I did not remember to have read any where this Saying of Cyrus’s Favourite, and the Commentators upon Plutarch have not mentioned it, where he speaks of the Indian Philosopher: I should not have thought of looking for it in Aristides, if I had not met with it by Chance, inrunning over the Observationes Historico-Politicae of Michael Picart, formerly Professor at Altorff; in which he has collected (Decad. IV. Cap. VIII.) a great Number of Authorities, to shew that a Prince ought to reside in the Center of his Dominions, to have an Eye upon all Things from thence, and to maintain Order every where.

[7. ]Caeterum sicut testudinem, &c. Lib. XXXVI. (Cap. XXXII. Num. 6, 7.) Plutarch has the same Thought. (Vit. Flamin. p. 378. D.) Grotius.

[8. ]P. 690. E. Vol. II. Edit. H. Steph. The Passage of Hesiod is in his Works and Days. ver. 40.

[9. ]He says, that he himself was witness to the Embassies of Nations which were rejected. Praefatio.

[10. ]Qui [Africanus posterior] quum lustrum conderet, &c.Valerius Maximus, Lib. IV. Cap. I. (Num. 10.) The Consul Claudianus Julianus, quotes this History, in his Letter to Papianus and Balbinus, (related by Capitolinus, in Maxim. & Balbin. Cap. XVII.) Grotius.

[1 ]ApudStobaeum, Serm. XLIII.

[2. ]Id nuper acciderat, &c. Annal. Lib. VI. Cap. XLII. Num. 3.

[3. ]They may certainly be very much to his Prejudice, on Account of the particular Genius of every People, and their Attachment to that Form of Government to which they have been accustomed.

[1 ]Vetere ac jampridem recepta Populi Romani consuetudine, ut haberet instrumenta Servitutis & Reges. Vit. Agricol. Cap. XIV. Num. 2.

[2. ]Antiochus—inservientium Regum ditissimus.Tacitus, Hist. Lib. II. Cap. LXXXI. Num. 1.

[3. ]By Pollio Valerius.

[4. ]Geogr. p. 288. Edit. Paris. Casaub.

[5. ]Pharsal. (Lib. VII. ver. 228.) See also the Panegyrick in Honour of Maximinianus, (Cap. X.) Grotius.

[6. ]That is to say, they judged according to their own Laws, as did most of the People dependent upon the Roman Empire. For the Rest, before Archelaus was banished to Vienna, the compleat Sovereignty was no longer in the Jewish Nation. See the Note of Gronovius upon this Place, and what is said above, Book I. Chap. III. § 22. Note 3.

[7. ]It was upon those Conditions he concluded Peace. Bibl. Hist. Lib. XV. Cap. VIII. p. 462. Edit. H. Steph. See a little above, in the foregoing Chapter, and same Page.

[8. ]In the same Manner the Great King, or King of Persia, had other Kings under him, as appears by this Verse of Aeschylus,

• Βασιλει̑ς βασιλέως ὕποχοι μεγάλου.
• Kings subject to a greater King.

In Persis. There were antiently such Kings, dependent upon other Kings, in Italy, as Servius observes on B. X. of the Aeneid, (ver. 655.) And there are still such amongst the Turks, as Leunclavius relates, Lib. XVIII. Grotius.

[a ]B. i. c. 3. § 17. and B. iii. c. 8. § 3.

[9. ]See Chap. III. of this Book, § 4. Num. 4. or last.

[1 ]The Emperor Augustus, as Philo the Jew observes, was as careful to preserve and confirm the Laws of every Nation, as to maintain those of the Romans. In Legat. ad Cajum. (p. 1014. B. Edit. Paris.) Grotius.

Mr. Bynkershoek, in the ninth Chapter of his Dissertation upon the ninth Law of the Digest, De Lege Rhod. (p. 90) is for translating here, instead of The Laws of each People, as our Author renders it, the antient Establishments of each People: But he confesses at the same Time, that this principally regards the Laws. For the Rest, the Reader may see, and examine what the same Author advances in this Chapter; that the Nations, whom the Romans permitted to retain their own Laws, had this Liberty only so far as their Laws included nothing contrary to the Roman Laws.

[2. ]Habuisse [Apameam] privilegium & vetustissimum morem, arbitrio suo rempublicam administrare. Epist. LVI. The City of Sinope, tho’ dependent upon the Persians, was governed democratically, as Appianus Alexandrinus informs us, Bell. Mithrid. So the Greeks, after their falling under the Dominion of the Romans, retained a Shadow of their antient Liberty. Quibus [Athenis & Lacedaemoni] reliquam umbram, & residuum libertatis nomen erigere, durum, ferum, barbarumque est.Pliny, Lib. VIII. Epist. XXIV. See also Cicero, Lib. VI. ad Attic. Epist. I. (p. 584. and II. p. 603. Edit. Graevii.) It appears by one of the Epistles of the latter, that the People of Cyprus could not be obliged to quit their Island to appear before any foreign Tribunal. Nam evocari ex insula Cyprios non licet. Lib. V. ad Attic. Epist. XXI. Grotius.

What our Author observes in the Beginning of his Note, concerning the City of Sinope; the Historian, whose Authority he uses, says of another City of Pontus, or of that mentioned in the Text, named Amisus. The Passage proves also, what our Author says there of Lucullus, to whom he ascribes the Concession of that Privilege. Λούκουλλος δὲ καὶ Ἀμισσον, &c. Appianus Alexandrinus, Bell. Mithrid. p. 228. Edit. H. Steph. As Sinope, and the Sinopians are spoken of in the Beginning, and at the End, of this Passage, our Author, in hastily reading it, did not observe that all the rest of it relates to Amisus. And that this City is meant, appears from its being said, that it had formerly been a Colony of the Athenians; for we find the same Thing in Strabo, Geogr. Lib. XII. p. 547. Edit. Paris. and in the Peripl.Arrian. p. 16. Edit. Hudson. Vol. I. Geogr. min. who say nothing of this Kind in Relation to Sinope.

[3. ]See the Passage referred to in the foregoing Note.

[1 ]It is better that they should have some Kind of Religion than none at all; as we have observed above, in giving the Words of the Emperor Severus, (Chap. XII. of this Book, § 6. Note 1.) The Goths declared of old, that they would compel nobody to embrace their Religion. Procopius, Gotthic. Lib. II. (Cap. VI.) Grotius.

[2. ]De Bell. Jud. Lib. VII. Cap. X. Graec. p. 949. G.

[3. ]Provided it be done by lawful Means, that is to say, without having Recourse to Violence, except to oppose those who use it first, to establish or advance their Religion: Otherwise, all Methods but that of Persuasion are unlawful, both by natural Right and revealed divine Right.

[1 ]Ad hoc Populo Romano, jam a principe, inopi, melius visum, amicos, quam servos, quaerere; tutiusque rati, volentibus quam coactis, imperitare. (Bell. Jugurth. Cap. CIX. Edit. Wass.) The Lacedemonian Embassadors say in Thucydides, that the Method of extinguishing the Animosity which subsists between two Enemies, is not for the Victor to abandon himself to his Resentment, and to make the utmost of his Superiority over the Vanquished, but to be reconciled with the latter, upon just and reasonable Conditions: For then, being gained by the Victor’s Generosity, he believes himself obliged in Honour to shew his Gratitude, and is far from having any Thoughts of violating his Engagements. Lib. IV. (Cap. XIX. Edit. Oxon.) Grotius.

The Collection of Gruter, already quoted, may be seen again in this Place, Part II. p. 56. & seq. where, upon a Passage of Tacitus, he cites a great Number of Authorities, which confirm the Reflections of our Author.

[2. ]Ipsi Britanni delectum, &c. Vit. Agricol. Cap. XIII. Num. 1.

[3. ]It is not he who gives this Reason, but the Senate itself, or the Majority of the Senate, who generously took in good Part, and considered as Sentiments worthy of a brave Man, and a Freeman, what some amongst them had censured as too bold, and tending to excite other Nations to Rebellion. Quid si poenam inquit [Consul] remittimus, &c. Lib. VIII. Cap. XXI. Num. 4. & seq. What follows will confirm our Author’s Position. Ibi pacem esse fidam, ubi voluntarii pacati sunt; neque eo loco, ubi servitutem esse velint, fidem sperandum esse.