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chapter xvii: Of Alliances - Samuel von Pufendorf, The Whole Duty of Man According to the Law of Nature [1673]Edition used:The Whole Duty of Man According to the Law of Nature, trans. Andrew Tooke, ed. Ian Hunter and David Saunders, with Two Discourses and a Commentary by Jean Barbeyrac, trans. David Saunders (Indianapolis: Liberty Fund, 2003).
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chapter xviiOf AlliancesI.Alliances twofold. L. N. N. l. 8. c. 9. §1.Alliances73 interchangeably passed betwixt Sovereign Governours, are of good Use both in Times of War and Peace. * They may be divided, in Respect of their Subject, either into such as reinforce the Duty already incumbent on us from the Law of Nature; or such as superadd something to the Precepts of the Law; at least, they determine their Obligation to such or such particular Actions, which before seemed indefinite. II.Treaties of Peace. L. N. N. l. 8. c. 9. §2.By the first Sort are meant Treaties of Peace, wherein nothing more is agreed upon than the simple Exercise of Humanity towards one another, or a Forbearance of Mischief and Violence. Or, perhaps, they may establish a general Sort of Friendship betwixt them, not mentioning Particulars; or fix the Rules of Hospitality and Commerce, according to the Directions of the Law of Nature. III.Equal Leagues. L. N. N. l. 8. c. 9. §3.The others of the latter Sort, are called Leagues, and are either Equal or Unequal. Equal Leagues are so far composed of the same Conditions on both Sides, that they not only promise what is Equal absolutely, or at least in Proportion to the Abilities of the Person; but they stipulate in such a Manner too, that neither Party is to the other obnoxious,74 or in a worse Condition. IV.Unequal. L. N. N. l. 8. c. 9. §4.Unequal Leagues are those, wherein Conditions are agreed upon that are unequal, and render one Side worse than the other. † This Inequality may be either on the Part of the Superiour, or else of the Inferiour Confederate. For if the Superiour Confederate ingages to send the other Succours, unconditionally, not accepting of any Terms from him, or ingages to send a greater Proportion of them than He, the Inequality lies upon the Superiour. But if the League requires of the inferiour Confederate the Performance of more Things towards the Superiour, than the Superiour performs towards him, the Inequality there no less evidently lies on the Side of the Inferiour. V.Conditions put upon Inferiours. L. N. N. l. 8. c. 9. §5.Amongst the Conditions required of an inferiour Ally, some contain a Diminution of his Sovereign Power, restraining him from the Exercise thereof in certain Cases without the Superiour’s Consent. Others impose no such Prejudice upon his Sovereignty, but oblige him to the Performance of those we call transitory Duties, which once done, are ended altogether. As, to discharge the Pay of the other’s Army; to restore the Expences of the War; to give a certain Sum of Money; to demolish his Fortifications, deliver Hostages, surrender his Ships, Arms, &c. And yet neither do some perpetual Duties diminish the Sovereignty of a Prince. As, to have the same Friends and Enemies with another, tho’ the other be not reciprocally ingaged to have the same with him: To be obliged to erect no Fortifications here, nor to sail there, &c. To be bound to pay some certain friendly Reverence to the other’s Majesty, and to conform with Modesty to his Pleasure. VI.The Subject of Leagues.Both these Sorts of Leagues, as well Equal as the Unequal, are wont to be contracted upon various Reasons, whereof such especially produce Effects of the strongest and most binding Complexion, as tend to the Conjunction of many Nations in a League that is to last for ever. But the Common Subject of the Leagues most in Use, is, either the Preservation of Commerce, or the Furnishing of Succours in a War, Offensive or Defensive. VII.Real and personal Leagues. L. N. N. l. 8. c. 9. §6.There is another famous Division of Leagues into Real, and Personal. The Latter express such a near Regard to the Person of the Prince they are contracted with, that whenever he dies, they expire also. Real Leagues are those, which not being entred into in Consideration so much of any particular Prince or Governour, as of the Kingdom or Common-wealth, continue in full Force, even after the Death of the first Contracters of them. VIII.Sponsions.75 L. N. N. l. 8. c. 9. §12.The next in Nature to Leagues, are the Agreements of a Publick Minister, made upon the Subject of the Affairs of the Prince his Master, without Orders for the same; which are usually called Overtures. The Conditions whereof impose no Obligation upon the Prince, till he shall please afterwards to ratifie them by his own Authority. And therefore, if, after the Minister has agreed upon the Compact absolutely, he cannot obtain his Prince’s Confirmation of it; it lies upon himself to consider, what Satisfaction he ought to render to those, who, depending upon his Credit, have been deceived by him with insignificant Ingagements. [73.]Pufendorf’s Latin term is foedera, which covers both treaties and alliances. [*] Grotius de Jure Belli & Pacis, l. 2. c. 15. [74.]Neither party is subordinate to the other. [†] Grotius de Jure Belli & Pacis, l. 1. c. 3. §21. [75]Unauthorized negotiations undertaken by lower officials. |

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