This is a frontispiece to a Latin edition of Grotius' De Jure Belli ac Pacis, published at Amsterdam in 1670. It is intended to be symbolical of War and Peace acting under the direction of Justice, these three figures forming the central group.

CHAPTER II.

IN WHAT MANNER THE LAW OF NATIONS RENDERS THE PROPERTY OF SUBJECTS ANSWERABLE for

THE DEBTS OF SOVEREIGNS. THE

NATURE OF REPRISALS.

No one but an heir bound by the act of another - Property of subjects answerable for the debts of sovereigns, according to the law of Nations-Capture of persons and property after satisfaction refused by the aggressor-Reprisals — Personal safety of subjects -Distinction made by the law of Nations in this respect.

I. THE rights accruing from the law of Nations are the points next to be considered, which may be referred either to wars in GENERAL, or to those of a PARTICULAR description.

Wars in GENERAL are those, which properly first come under notice.

By the LITERAL law of nature, no one is bound by the actions of another, except the person, who succeeds to his property. For the introduction and establishment of property introduced and established also the power of 'transferring it with all its incumbrances. The Emperor Zeno however pronounces it repugnant to natural justice for one man to be molested for the debts of another. A principle, which gave rise to the distinctions in the Roman law, that the wife could not be sued for her husband, nor the husband for his wife, nor a son for his father, nor a father or mother for their son. Nor, as Ulpian clearly states it, could individuals be answerable for the debts of the community, and more especially if that community be possessed of property. Indeed if that were not the case individuals could only be obliged to contribute their due proportion, as members of that community.

Seneca says, "if any one lends money to my country, I am not to be considered as his debtor, nor to take the debt upon myself, though I am bound to pay my due proportion of it." There was a special provision made in the Roman law, that one peasant should not be bound for the debts of another, and it is laid down as a rule,

that the goods of one person shall not be distrained for the debts of another, even if they be public debts; and in Justinian's Novels, pledges for others are forbidden, and the cause assigned for it is, because it is unreasonable that one person should incur the debt, and another be bound to the payment of it, an exaction to which the name of ODIOUS is given. King Theodoric Cassiodor, calls it a shocking licence for one man to be detained as a pledge for another.

II. Although in the preceding observations there may be a great deal of truth, yet it is possible, and indeed appears actually to be the case, that the voluntary law of nations introduced the practice of rendering all the corporeal, and incorporeal property, belonging to the subjects of any state or sovereign, liable to the debts, which that state or sovereign may have incurred, either personally, or by refusing to make such reparation, as may be due for the injuries and aggressions, which they have committed.

Yet this is a practice, which nothing but necessity could justify; for, on any other ground, it would be opening a door to innumerable acts of wanton aggression and injustice against individuals. As the property of states and sovereigns cannot often so easily fall into an enemy's hand, as that belonging to individuals, who are more numerous, and whose property is consequently more exposed. So that rights of this kind are to be reckoned among those, which Justinian says, are the offspring of stern necessity, the calamities of men driving them to the use of such means.

But though a practice like this owes its introduction to NECESSITY, it is not so far at variance with the law of nature, as to exclude CUSTOM and TACIT agreement from having some share in its establishment. For we find that sureties are bound by no other tie, but that alone of having given their consent. Besides, it might easily be supposed, that it was the best method of redress against the subjects of another state, where the aggrieved persons could not so easily prosecute their rights, or obtain indemnities, the claims or injuries of strangers being but little understood, and perhaps still less regarded in a foreign land.

Subjects, being thus liable to the loss of their property, by the conduct of their fellow subjects, or by that of the state, might sometimes feel it a hardship, while on other

occasions, it would prove their greatest security against aggressions from the subjects of another power.

That this was a received custom appears not only from the regular wars, carried on by one state against another, the rules observed in which are often named in the manifestoes issued on such occasions: the form of which may be seen in the first book of Livy, where it is said, "I declare war against the ancient nations of the Latins, and likewise against the respective individuals"; and the same writer, in his thirty first book, informs us, that, upon the question being put to the people, they were asked, whether it was their pleasure that war should be declared against Philip, and against the Macedonians, his subjects. But the same custom also prevailed, even before the commencement of actual and open hostilities between two states, when mutual acts of aggression by the subjects of each power could be regarded as nothing but the eve, and prelude to a declaration of war. The words used by Agesilaus to Pharnabazus will serve to elucidate this point: he said; "While we were friends to the king of Persia, we treated him and his subjects in a friendly manner: now we are enemies, you can expect nothing from us but hostilities. Therefore, Pharnabazus, while you chuse to continue a vassal to the King, we wound him through your sides."

III. The Athenians had a method somewhat like this of seeking redress, which they called dvopoλndia, a seizure of men's persons, which was laid down in the Attic law in the following terms, "if any one has been murdered in a foreign country, the nearest relatives of the deceased are authorized to seize any three subjects of that country, but not more than three, till the perpetrators of the deed be punished, or at least delivered up to the hands of justice for that purpose."

In this case we find that the personal liberty of subjects, which may be considered as a kind of incorporeal right, including the right of residing where they please, or doing whatever they may think proper, is made answerable for the debt of the state, who is bound to punish the criminal acts of her subjects: so that the subject suffers constraint, till the state has discharged the debt, which it is bound to pay; and by the payment of this debt is meant the punishment of the guilty. For although the Egyptians, as we learn from Diodorus Siculus, maintained that neither the person, nor liberty of any one ought to be