distinction between, and banishment, ib.
one driven from place of settlement, ib.
but without mark of infamy, ib.
time of exile unlimited, ib.

when a punishment, ib.

is voluntary or involuntary, ib., 108.
voluntary, if to avoid punishment, 108.
involuntary, where effect of superior's
order, ib.

when limited to place, ib.

right of, to live somewhere, ib.
though right only an imperfect one, ib.
nations may refuse him admittance, ib.
but not without good reasons, ib.

cannot punish for offences committed out
of their territories, 109.

except for safety of mankind, ib.

of delivery up of offenders, 109, and note.

EXTERNAL LAW,

what, lxii.

distinction between, and internal, lxii.
external law relates to men, ib.

internal to the conscience, ib.

FALSEHOOD,

what, 372, 373.

distinction between, and a lie, 372.

when bound to speak the truth to an
enemy, 373. See ENEMY.

FEDERAL REPUBLIC,

what, 3.

a union of independent states by a per-
petual confederacy, 3.

FEUDATORY STATES,

what, 3.

one doing homage to a foreign power, 3.
though still a sovereign state, ib.

FOREIGNERS,

described, 171.

rules with respect to, 171.

conduct state should observe towards, ib.
right of, to enter territory, 172.
subject to the laws, 172, 173.

and punishable according thereto, 172.
disputes of, how judged, 172, and note.
protection due to, 173.

their duties towards the state, ib.
to what burthens subject, 174.
continue members of their own country,
ib.

state has no right over persons of, ib.
nor over personal property of, ib.
who are the heirs of a foreigner, 175.
right of, to make a will, ib.

will, how affected by law of country, ib.
of escheatage, or doctrine of alienage, 176,
and note.

of the right of, traite foraine, 177.
of immovable property possessed by, 177,
and notes.

cannot inherit real property, 177, note.
exceptions thereto by treaty, 177, note.
marriages of, 177.

validity, and proof of, 177, note.

of national strength, ib.

how constituted, ib.

by number of citizens, ib.
their military virtues, ib.
and their riches, ib.

increase of population, and how ef-
fected, ib.

of national valour, 88, 89.
other military virtues, 89.

in what consists the wealth of a nation,
ib., 90.

not in revenues of sovereign, 89.

but in that of individuals, 89, 90.
strength of state increased thereby,
90.

when may be employed in defence of

the state, ib.

state should have income proportionate
to its expenditure, ib.

of the public revenue and taxes, ib.
should not increase its power by illegal
means, ib.

of seashore, to whom belonging, 129,
130.

HEREDITARY STATE. See SUCCESSIVE

STATE.

what, 24.

origin of, ib.

when may be changed, ib.
of renunciations, 25.

how far binding, ib.

of regents, 27.

who to decide disputes respecting succes-
sion, ib.

foreign powers ought not, 29.

HOSPITALS. See WAR.

erection of, for invalids, 296.

HOSTAGES. See TREATY.
who are such, 238, 239.

given for observance of treaties, ib.
of the right over them, 239.
their liberty alone pledged, ib.

when they are to be sent back, ib.
whether they may be detained on any

other account, ib.

may be detained for their own actions,

240.

of their support, ib.

to be provided by party giving, ib.
subject cannot refuse to be, 241.

but a vassal may, ib.

who may give and receive hostages, ib.
rank of hostages, ib.

ought not to escape, ib.

on escape, should be sent back, 242.
death of, whether to be replaced, ib.
of him who takes the place of, ib.

of a hostage succeeding to the crown, ib.
to be released on delivery of another suf-
ficient hostage, ib.

liability of, ends with treaty, ib.

JUS POSTLIMINIUM ((continued).

of no validity in neutral nations, 393.
what things recoverable by this right,
394.

right when presumed to be relinquished,
ib.

of persons who cannot return to right of,
ib.

but enjoy it when retaken, ib.

whether right extends to property alien-
ated by enemy, 395.

distinction between movable and immov-
able property, ib.

whether a subdued nation can enjoy this
right, 396.

distinction herein, ib.

right for what is restored at the peace.

causes, 79.

should establish supreme courts, ib.

of the right of appeal, ib.

prince should preserve forms of justice, 80.

should support authority of judges, ib.

of distributive justice, ib.

meaning of term, ib.

should regulate distribution of employ-
ments and rewards, ib.

of the punishment of transgressors, 81.
foundation of right to punish, ib.
who to punish, ib.

of the criminal laws, ib.

necessity of, to prevent crime, ib.

of the degree of punishment, 82.

should be limited to safety of state, ib.
should be proportioned to guilt of party,

ib.

should not be sanguinary, ib.

consequences thereof, ib.
execution of the laws, 82, 83.

to whom belongs, 82.

duty in this respect, 82, 83.

right a perfect one, and produces, ib.

the right of defence, ib.

and right of doing ourselves justice,
ib.

right to punish injustice, ib.

right of nations against one that openly
despises justice, ib.

KING. See SOVEREIGN, SOVEREIGN STATE.

LAKE. See RIVERS, STREAMS, and LAKES.
proprietors of, who, 123.

of the increase of lakes, ib.

of the land formed on banks of, 125.
to whom belonging, ib.
where bed of, dried up, ib.
jurisdiction over lakes and rivers, ib.

LAW OF NATIONS,

defined, lv.

idea and general principles of the law of
nations, lv., lviii.

what meant by a nation or state, lv.
it is a moral person, ib.

definition of the law of nations, ib.
general view of, and how ascertained, ib.,
n. (1).

present sources of information thereon,
lv.

violation of, when a ground of war, ib.
no permanent or general court of, ib.
teaches rights and obligations of nations,
lv. in note.
knowledge of, essential, ib.

how knowledge of, ascertained, ib.
Christianity the unfailing rule in con-
struction of, ib.

in Great Britain held to be part of law
of the land, ib.

sources of information respecting, enume-
rated, ib.

In what light nation considered, lvi.

LAW OF NATIONS (continued).

In what laws it originally consistea, .vi. m
originally the law of nature, ib.

though limited, &c., by circumstances, ib.
definition of the necessary law of, lviii.

application of, to nations, ib.

internal law of nations, what, ib.
natural law of, what, ib.

it is immutable, ib.

nations cannot make change in, ib.

nor dispense with obligations arising from
it, ib.

treaty, &c., contravening, unlawful, lix.
when otherwise, ib.

Society established by nature between all
mankind, ib.

as between men, ib.

as between nations, lx.

object of this society of nations, lxi.
general obligations herein, ib.

1. to benefit other nations without
prejudice to itself, lxii.

2. the peaceable enjoyment of liberty
and independence, ib.
effect of that liberty, lxii., 367.
nation may judge for itself, ib.

of making war for injuries to, lxiv.
extent of that right, ib.

Distinctions between internal and external,
perfect and imperfect obligations and
rights, lxii.

internal obligation binds the conscience,
ib.

external relates to men, ib.

internal obligation is of the same nature,
ib.

though varying in degree, ib.

external is divided into perfect and imper-
fect, ib.

perfect, what, ib.
imperfect, what, ib.
Equality of nations, lxiii.
all naturally equal, ib.

and inherit the same obligations and
rights, ib.

without regard to power or weakness, ib.
effect of that equality, ib.

each nation mistress of her own actions,
ib.

when rights of others not affected thereby,
ib.

Voluntary law of nations, ib. and note.
what meant thereby, ib.

right of nations against infractors of, lxiv.
right of declaring war, ib.
measure of that right, ib.

Conventional law of nations, lxv. and n.

(lxiv).

what, and who bound by, lxv.
Customary law of, ib.

founded on a tacit consent, ib.
how distinguished, ib.

LAW OF NATIONS (continued).
general rules respecting, lxv.
how far obligatory, lxvi.

when may be relinquished, ib.
Positive law of, ib.

is of three kinds, ib.

voluntary, ib.

customary, ib.

conventional, ib.

from whence proceeding, ib.
deduced from the will of nations, ib.
distinguished from natural or necessary

law of nations, ib.

General maxim respecting use of necessary
and voluntary law of nations, ib.

LEGISLATIVE POWER,

what, 11.

to whom intrusted, ib.

may be to the sovereign, ib.

or to an assembly, ib.

or to both jointly, ib.

right of, to change the constitution, ib.
only extends to civil and political laws,
ib.

and not to fundamental laws, ib.

LETTER OF MARQUE. See REPRISAL.
what, 285.

LIE,

distinction between, and mere falsehood,
372, 373.

when bound to speak the truth to an
enemy, 373. See ENEMY.

MANIFESTOES,

what, 319.

MARITIME LAW,

ancient codes relating to, lv. in note.
is imperfect, ib.

MARRIAGE,

of aliens, 177, and note.

validity and construction of, in England,

166, note, 177, note.

how proved, 177, note.

not dissolved by captivity of one of the
parties, 398.

MEDIATION,

what, 276.

in time of peace, ib.

in time of war, 437.

MERCENARY SOLDIERS.
who, 297.

MILITARY DISCIPLINE,

importance of, considered, 299.

MILITARY LAWS,

necessity of, considered, 299.

MINISTERS, PUBLIC,

who are, 453.

of the several orders of, 459.
their origin, ib.

aeir representative character, ib.

when may be arrested, ib.
instance of arrest, ib.

of embassies between enemies, ib.
necessity for, ib.

Of heralds, trumpeters, and drummers, 468.
are privileged messengers, ib.
persons of, to be respected, ib.
even in civil war, 468, 469.

may be refused admittance, when, 469.
appearance of insult to, should be avoided,
ib.

by and to whom they may be sent, 470.
Independence of foreign ministers, ió.
how they should behave, 472.

independence of, not to be converted into
licentiousness, ib.

must conform to the customs and laws of

the country, 472, 473.

so far as consistent with his mission, 472.
Tampering with fidelity of, 473.

Bribery of, and when excusable, 473, 474.
of making presents, &c., by, ib.
How punishable, 475, 478.

1. for ordinary transgressions, 475.
2. for offences against the prince, ib.
right of ordering away, ib.

or of repressing him by force, if he be-
haves as an enemy, 476.

or where he forms dangerous plots and
conspiracies, ib.