PEACE (continued). of things not mentioned in the treaty, of things not included therein, ib. does not extend to things having no re- lation to the war, ib. as debts contracted with individuals, ib. former treaties, mentioned and confirmed Of the execution of those treaties, 440 to 443. publication of peace, ib. should be without delay, ib. when may be postponed, 440, 441. promise void when party has hindered the performance of it, ib. cessation of contributions, 442. products of the things ceded or restored, in what condition to be restored, ib. Interpretation of treaty of peace, 443. 2. names of ceded countries, ib. how to be understood, ib. 3. restoration not to be understood of Of the observance and breach thereof, ib. plea of fear or force does not dispense with its observance, ib. breach of what, 446. ways in which it may be broken, ib. may be violated in three ways, 446 to 450. to take up arms for a fresh cause, nor is a subsequent alliance with an causes of rupture on account of 2. by conduct contrary to its par- instances herein, ib. 3. by violation of any article, ib. violation of a single article breaks no distinction between more and less POPE. See POPERY. Abuses of, particularized, 66. effect of, in a foreign court, ib. 2. important employments conferred nations submitting to, condemned, 3. powerful subjects depending on a abuse in this respect, 69. 4. the celibacy of the priests, ib. marriage advocated, 70. 5. enormous pretensions of the clergy, their pre-eminency, ib. its prejudice on good order, ib. POPERY (continued). 6. independence of, 71. immunities, ib. their attempt to escape from political authority, ib. claim their immunities from God, ib. same immunity claimed for pos- limit of exemption, 72. 8. excommunication of men in office, 9. and of sovereigns themselves, 74. but abuses not confined to popes, instance, 74, 75, in note. 11. money drawn to Rome, 76. their rapacity herein, ruinous to 12. laws and customs contrary to the clergy, ib. POSITIVE LAW, what, Ixiv., lxvi., lxvii., and notes. 1. voluntary, what, ib. 2. customary, what, ib. 3. conventional, what, ib. the two latter called the arbitrary law of POSTLIMINIUM. See JUS POSTLIMINIUM. PREROGATIVES OF THE CROWN, with respect to coin, 46. See COIN. as to pardoning offenders, 83. See PRESCRIPTION, of usucaption and prescription, 187, and note. definition of, 187, &c. is derived from the law of nature, 187. of immemorial prescription, ib. proprietor showing he does not intend to prescription founded on the actions of usucaption and prescription take place more difficult between nations to found other principles that enforce prescription, 191. effects of voluntary law of nations on this subject, 191, 192. law of treaties or customs herein, 192. exclusive right to, not acquired by pre- right may be acquired by treaty, 126. what, 304, 306. See WAR. are not to be put to death, 348, 354. may be confined and fettered, ib. but not to be treated harshly, ib. are seldom ill-treated by European na- of releasing them on parole, 355.. &c., may be put to death, ib. state bound to procure release of, ib. its duty to provide for support, ib. practice of, condemned, ib. of the jus postliminium with respect to, 398. in force for prisoners, 397. how rights of, subsist, 398. may dispose of and will property, ib. PROPERTY, Different kinds of, 109. is public, common, or private, ib. called by Romans res communes, ib. how acquired, 110. of the revenues of the public pro- naturally at the sovereign's disposal, nation may grant him the use and may allow him the domain, ib. and reserve to itself the use of them, of taxes, 111. See TAXES. nation may reserve to itself the right of the sovereign who has this power, ib. of eminent domain annexed to sove- his right thereto, ib. government of private property, 113. what, 109, 110. sovereign may make laws respecting, 113. but not abuse such power, ib. corporation has a right to do so, ib. use of common property, ib. in drawing water from a well, ib. PROPERTY (continued). preservation and repairs of common expenses hereof, and how raised, ib. when sovereign may interfere there- may subject it to regulations of police, ib. may compel sale of, in cases of neces- power over, in other instances, ib. of inheritances thereto, ib. right of persons to bequeath it, ib. Of the alienation of public property, ib. duties of nation in this respect, ib. duties of the prince as to, 117. though nation may give him a right to it, ib. but right not to be presumed, ib. of treaties thereon, ib. of alienation of a part of the state, 118. necessity, ib. rights of dismembered party, 118, 119. PROTECTION. See NATION. of protection sought by a nation, 93. PUBLIC GRANARIES, propriety of establishing, 36. utility of highways, canals, &c., 43, and Of transgressors, 81. of the laws, and their execution, ib. their choice, and establishment, 81, 82. not to be beyond what safety of state what to be considered in proportion- as nature of crime itself, ib. prisoner dying before payment of ran- ransom when, or not due, 419, 420. prisoner released on condition of pro- curing the release of another, 420. where prisoner is retaken before pay- his liability to pay second ransom, ib. of ships, &c., 414, notes. prohibited by English laws, 414, note. RANSOM BILLS, RELIGION. See PIETY. Of religion external and internal, 56. as an affair of conscience, ib. Rights of individuals as to, ib. should acquire knowledge of God and love and respect due to God, ib. right to exercise choice in matters of re- importance of this right, 56, 61. is natural and inviolable, ib. should be limited within just bounds, 56. When there is an established religion, 58. When no religion established, ib. should establish one by mild and should not use authority or restraint, pernicious to morality, &c., ib. his right to interfere in such case, ib. ought to employ, 60. interior as well as external religion Of toleration, ib. of all tenets advisable, ib. unless dangerous to morality, ib. Of prince's duty, when nation resolved to cannot constrain them therein, 61. RELIGION (continued). difference of, does not deprive him of duties and rights of the sovereign recon- ib. Right of sovereign to have inspection over should have inspection of all relating also over those who teach it, ib. its exercise advantageous to the state, a prerogative of majesty, ib. right of nation to delegate this power, ib. sovereign's duty to prevent abuse of his authority over ministers of religion, this authority described, 63, 64. duty of ecclesiastic herein, ib. should enjoy a large portion of es- should have no authority, ib. should be subject to the public powers, and amenable to sovereign for their duty of sovereign towards, ib. and invest them with authority suffi- but should prevent abuse of that au- clergy when formidable as a separate Recapitulation of reasons establishing sove- authorities and examples, 65. RELIGION (continued). 3. Powerful subjects depending on fo- 4. The celibacy of their priests, ib. marriage advocated, 70. 5. Enormous pretensions of the clergy, of their assumed pre-eminence, ib. attempt of, to escape from political claim their immunities from God, ib. 72, 73. when state may exempt them, 72. 8. Excommunication of men in office, 73. 9. And of sovereigns themselves, 74. instances of this abuse, 74, 75, in note. 11. Money drawn to Rome, 76 consequences of trusting same to the pernicious effects thereof on the state, ib. Right of nations to interfere with religion no nation can be restrained with re- with respect to missionaries, ib. what a sovereign may do in favour of RENUNCIATION, validity and effect of, 25, 26. Pernicious consequences of denying sovereign❘ REPRISALS, |