PEACE (continued).

of things not mentioned in the treaty,
439.

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.
or to movables, &c., ib.

former treaties, mentioned and confirmed
in the new, are part of it, 440.

Of the execution of those treaties, 440 to 443.
when the obligation of the treaty com-
mences, 440.

publication of peace, ib.

should be without delay, ib.

when may be postponed, 440, 441.
time of the execution thereof, 441.
lawful excuse for delay, ib.

promise void when party has hindered

the performance of it, ib.

cessation of contributions, 442.

products of the things ceded or restored,
ib.

in what condition to be restored, ib.
import of word restitution, ib.
instances, 442, 443.

Interpretation of treaty of peace, 443.
1. where doubtful, against the pre-
scriber thereof, ib.

2. names of ceded countries, ib.

how to be understood, ib.

3. restoration not to be understood of
those who have voluntarily given
themselves up, 444.

Of the observance and breach thereof, ib.
binds the nation and successors, ib.
to be faithfully observed, 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.
1. by conduct contrary to the nature
thereof, 446.

to take up arms for a fresh cause,
no breach, ib.

nor is a subsequent alliance with an
enemy a breach, 447.
distinction to be made between a new
war and a breach of treaty, ib.
justifiable defence no breach of
treaty, 448.

causes of rupture on account of
allies, 449.

2. by conduct contrary to its par-
ticular nature, ib.

instances herein, ib.

3. by violation of any article, ib.

violation of a single article breaks
the whole treaty, 450.

no distinction between more and less
important articles, 449.

POPE. See POPERY.
POPERY,

Abuses of, particularized, 66.
1. power of the popes, ib.
extent thereof, 66, 67.
whence it arises, 67.

effect of, in a foreign court, ib.
instances, 65 to 67.

2. important employments conferred
by a foreign power, 68.
disposal of ecclesiastical dignities, ib.
practice hereof a violation of nation's
right, ib.

nations submitting to, condemned,
ib.

3. powerful subjects depending on a
foreign court, 68, 69.

abuse in this respect, 69.

4. the celibacy of the priests, ib.
for what cause invented, ib.
practice of, condemned, 69, 70.
of convents, ib.

marriage advocated, 70.

5. enormous pretensions of the clergy,
ib.

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.
7. immunities of church possessions,
72, 73.

same immunity claimed for pos-
sessions of the church, 72.
when state may exempt them, ib.
should be first taken for the use and
safety of the state, 73.

limit of exemption, 72.

8. excommunication of men in office,
73.

9. and of sovereigns themselves, 74.
instances of abuse, ib.

but abuses not confined to popes,
ib.

instance, 74, 75, in note.
10. the clergy drawing every thing to
themselves, and disturbing the
order of justice, 75, 76.

11. money drawn to Rome, 76.

their rapacity herein, ruinous to
the court of Rome, ib.

12. laws and customs contrary to the
welfare of states, ib.
consequence of trusting same to the

clergy, ib.

POSITIVE LAW,

what, Ixiv., lxvi., lxvii., and notes.
proceeds from the will of nations, 66.
is of three kinds, lxvi.

1. voluntary, what, ib.

2. customary, what, ib.

3. conventional, what, ib.

the two latter called the arbitrary law of
nations, lxvi.

POSTLIMINIUM. See JUS POSTLIMINIUM.

PREROGATIVES OF THE CROWN,
what, 15.

with respect to coin, 46. See COIN.
in matters of religion, 62. See RELIGION.
with regard to public property, 112. See
PROPERTY.

as to pardoning offenders, 83. See
PARDON.

PRESCRIPTION,

of usucaption and prescription, 187, and

note.

definition of, 187, &c.

is derived from the law of nature, 187.
what foundation required for ordinary
prescription, 189.

of immemorial prescription, ib.
claimant alleging reasons for his silence,
190.

proprietor showing he does not intend to
abandon his right, ib.

prescription founded on the actions of
the proprietor, ib.

usucaption and prescription take place
between nations, ib.

more difficult between nations to found
them on a presumptive desertion,
190, 191.

other principles that enforce prescription,

191.

effects of voluntary law of nations on

this subject, 191, 192.

law of treaties or customs herein, 192.
nations should adopt rules on this sub-
ject, ib.

exclusive right to, not acquired by pre-
scription, 127.

right may be acquired by treaty, 126.
PRETEXTS,

what, 304, 306. See WAR.
PRISONERS OF WAR. See WAR.
right of making, 353.

are not to be put to death, 348, 354.
how to be treated, 354.

may be confined and fettered, ib.

but not to be treated harshly, ib.
unless guilty of crime, ib.

are seldom ill-treated by European na-
tions, ib.

of releasing them on parole, 355..
whether prisoners who cannot be fed,

&c., may be put to death, ib.
should be dismissed on parole, ib.
whether may be made slaves, 356.
in what cases lawful, ib.
exchange and ransom of, 357.
object of detention of, ib.
time of exchange or ransom, ib.
when proper, ib.

state bound to procure release of, ib.

its duty to provide for support, ib.
formerly obliged to redeem themselves, ib.
of assassination and poisoning of, 358,
360, 361.

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.
Of public property, 109, 113.
what, 109.

called by Romans res communes, ib.
of what it consists, ib.

how acquired, 110.

of the revenues of the public pro-
perty, ib.

naturally at the sovereign's disposal,
ib.

nation may grant him the use and
property of its common posses-
sions, ib.

may allow him the domain, ib.

and reserve to itself the use of them,
ib.

of taxes, 111. See TAXES.

nation may reserve to itself the right
of imposing, ib.

of the sovereign who has this power,
his duties with respect to, 112.

ib.

what, 109, 110.

113.

PROPERTY (continued).

preservation and repairs of common
possessions, 115.

expenses hereof, and how raised, ib.
duty and right of sovereign herein, ib.
Of private property, 115, 116.
rights of proprietors of, 115.

when sovereign may interfere there-
with, ib.

may subject it to regulations of police,

ib.

may compel sale of, in cases of neces-
sity, 115, 116.

power over, in other instances, ib.
should hinder monopolies, 116.

of inheritances thereto, ib.

right of persons to bequeath it, ib.
when limited, ib.

Of the alienation of public property, ib.
right of nation herein, ib.

duties of nation in this respect, ib.
in cases of necessity, ib.

duties of the prince as to, 117.
cannot alienate it, ib.

though nation may give him a right

to it, ib.

but right not to be presumed, ib.
rules respecting alienation between
nations, ib.

of treaties thereon, ib.

of alienation of a part of the state, 118.
should only be in cases of extreme

necessity, ib.

rights of dismembered party, 118, 119.
not obliged to receive new master, 119.
whether prince has power to dismem-
ber the state, ib.

PROTECTION. See NATION.

of protection sought by a nation, 93.
simple treaty of, what, 93, 94.
how annulled, 95.

PUBLIC GRANARIES,

propriety of establishing, 36.
PUBLIC WAYS,

utility of highways, canals, &c., 43, and

Of transgressors, 81.
foundation of right of punishing, ib.
founded on right of personal safety, ib.
to whom it belongs, ib.

of the laws, and their execution, ib.
of the criminal laws, ib.
necessity of these laws, ib.

their choice, and establishment, 81, 82.
Of the degree of punishment, 82.

not to be beyond what safety of state
requires, ib.

what to be considered in proportion-
ing of it, ib.

as nature of crime itself, ib.
opportunities of committing it, ib.
degree of injury done to the public, ib.
consequences of unnecessary severity, ib.
importance of enforcing the laws, ib.

prisoner dying before payment of ran-
som, ib.

ransom when, or not due, 419, 420.
instances, ib.

prisoner released on condition of pro-

curing the release of another, 420.
when bound to return, ib.

where prisoner is retaken before pay-
ment of ransom, ib.

his liability to pay second ransom, ib.
otherwise, if rescued before he has ob-
tained his liberty, 421.

of ships, &c., 414, notes.

prohibited by English laws, 414, note.

RANSOM BILLS,

RELIGION. See PIETY.

Of religion external and internal, 56.
defined, ib.

as an affair of conscience, ib.
or an affair of state, ib.

Rights of individuals as to, ib.

should acquire knowledge of God and
his laws, ib.

love and respect due to God, ib.
liberty of conscience, ib.

right to exercise choice in matters of re-
ligion, 56, 60.

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.
nation bound to protect and support, ib.
when may make changes therein, ib.
of the danger of innovations, ib.
who to determine on changes, ib.
in case of a new religion spreading, ib.
Duties and rights of sovereign with respect to
religion, ib.

When no religion established, ib.

should establish one by mild and
suitable means, ib.

should not use authority or restraint,
ib.
should prevent introduction of one

pernicious to morality, &c., ib.
When there is an established religion, 59.
duty of sovereign to watch over it, ib.
should restrain attempts to disturb it,
ib.

his right to interfere in such case, ib.
how right to be exercised, ib.
objects of his care, and the means he

ought to employ, 60.

interior as well as external religion
should be, ib.

Of toleration, ib.

of all tenets advisable, ib.

unless dangerous to morality, ib.

Of prince's duty, when nation resolved to
change its religion, ib.

cannot constrain them therein, 61.
but may exercise his own religion, ib.

RELIGION (continued).

difference of, does not deprive him of
his crown, 61.

duties and rights of the sovereign recon-
Iciled with those of the subjects,

ib.

Right of sovereign to have inspection over
matters of religion, 62.

should have inspection of all relating
thereto, ib.

also over those who teach it, ib.

its exercise advantageous to the state,
ib.

a prerogative of majesty, ib.

right of nation to delegate this power,

ib.

sovereign's duty to prevent abuse of
received religion, 63.

his authority over ministers of religion,
ib.

this authority described, 63, 64.
cannot compel ecclesiastic to preach
against his conscience, 64.

duty of ecclesiastic herein, ib.
rule to be observed with respect to eccle-
siastics, ib.

should enjoy a large portion of es-
teem, ib.

should have no authority, ib.
or claim independence, ib.

should be subject to the public powers,
ib.

and amenable to sovereign for their
conduct, ib.

duty of sovereign towards, ib.
should cause them to be respected,
ib.

and invest them with authority suffi-
cient to discharge their functions,
ib.

but should prevent abuse of that au-
thority, ib.

clergy when formidable as a separate
body, ib.

Recapitulation of reasons establishing sove-
reign's rights in matters of religion,
64, 65.

authorities and examples, 65.

RELIGION (continued).

3. Powerful subjects depending on fo-
reign court, 68, 69.
abuse in this respect, 69.

4. The celibacy of their priests, ib.
for what cause invented, ib.
practice of, condemned, 70.
of convents, 69, 70.

marriage advocated, 70.

5. Enormous pretensions of the clergy,
ib.

of their assumed pre-eminence, ib.
its prejudice on good order, ib.
6. Independence of, 71.
immunities of, ib.

attempt of, to escape from political
authority, ib.

claim their immunities from God, ib.
7. Immunities of church possessions,

72, 73.

when state may exempt them, 72.
limit of exemption, ib.

8. Excommunication of men in office,

73.

9. And of sovereigns themselves, 74.

instances of this abuse, 74, 75, in note.
10. The clergy drawing every thing to
themselves, and disturbing the
order of justice, 75, 76

11. Money drawn to Rome, 76
12. Laws and customs contrary to the
welfare of states, ib.

consequences of trusting same to the
clergy, ib.

pernicious effects thereof on the state,

ib.

Right of nations to interfere with religion
of each other, 157, 158.

no nation can be restrained with re-
spect to, 158.

with respect to missionaries, ib.

what a sovereign may do in favour of
those professing his religion in an-
other country, 159.

RENUNCIATION,
what, 25.

validity and effect of, 25, 26.