255. Whether a hoftage who dies is to be replaced, 256. Substitute for a hoftage, 257. Hoftage fucceeding to the crown, 258. The liability of the hoftage ends with the treaty, ibid. 259. The violation of the treaty is an injury done to the hoftages, ib. 260. The fate of the hoftage when he who has given him fails 261. Right founded on custom, ibid. 263. First general maxim-it is not allowable to interpret what ibid. 265. Third general maxim- neither of the contracting parties ibid. 266. Fourth general maxim- what is fufficiently declared, is to be taken for true, ibid. 281. Not neceffary to give a term the fame fenfe every-where in the fame deed, 252 282. We ought to reject every interpretation which leads to an abfurdity, ibid. 283. or which renders the act null and void of effect, 284. Obfcure expreffions interpreted by others more clear in the fame author, 253 254 285, Interpretation founded on the connection of the difcourfe, ib. 286. Interpretation drawn from the connection and relation of the things themselves, 255 256 287. Interpretation founded on the reafon of the deed, 288. Where many reafons have concurred to determine the will, ib. 289. What conftitutes a fufficient reafon for an act of the will, 257 290. Extenfive interpretation founded on the reason of the act, ib. 291. Frauds tending to elude laws or promises, 292. Restrictive interpretation, 259 258 293. Its ufe, in order to avoid falling into abfurdities, or into what is unlawful, ibid. 294. or what is too fevere and burthenfome, 295. How it ought to restrict the fignification agreeably to the fubject, 260 ibid. 296. How a change happening in the state of things may form an exception, 260 297. Interpretation of a deed in unforeseen cafes, 298. Reasons arifing from the poffibility and not the existence 262 of a thing, ibid. 299. Expreffions fufceptible of an extenfive and a limited fenfe, 263 300. Things favourable, and things odious, ibid. 301. What tends to the common advantage, and to equality, is favourable; the contrary is odious, 264 302. What is useful to human fociety, is favourable: the con 305. Whatever tends to change the prefent ftate of things, is 309. Examples, 268 310. How we ought to interpret deeds of pure liberality, Se&. 320. Ninth rule, page 274 ibid. 322. General remark on the manner of obferving all the preced 321. Tenth rule, ing rules, ibid. CHAP. XVIII. Of the Mode of terminating Difputes between Nations. 323. General direction on this fubject, 274 324. Every nation is bound to give fatisfaction refpecting the jutt complaints of another, 275 325. How nations may abandon their rights and just com plaints, ibid. 326. Means fuggefted by the law of nature, for terminating their difputes:-amicable accommodation, 332. Effential rights, and thofe of lefs importance, 279 333. How we acquire a right of recurring to force in a doubt 338. How reparation of an injury is to be fought, ibid. 339. Retaliation, 340. Various modes of punishing, without having recourse to ibid. 345. The state is bound to compenfate thofe who fuffer by re prifals, 285. 346. The fovereign alone can order reprisals, ibid.. 347. Reprifals against a nation for actions of her fubjects, and in favour of the injured fubjects, ibid. 348. but not in favour of foreigners, ibid. 349. Those who have given caufe for reprifa's are bound to in demnify thofe who fuffer by them, 286 350. What may be deemed a refufal to do justice, 287 351. Subjects arrefted by way of reprisals, ibi 352. Our right against those who oppofe reprisals, 353. Juft reprisals do not afford a just cause for war, 288 ibid. 354. How we ought to confine ourfelves to reprisals, or at length proceed to hoftilities, ibid, Of War,-its different Kinds,—and the Right of making War. Of the Inftruments of war, the raifing of Troops, &c.-their Commanders, or the Subordinate Powers in War. 10. Whether there be any exemptions from carrying arms, ibid. 11. Soldiers' pay and quarters, 12. Hofpitals for invalids, 13. Mercenary foldiers, 19. Subordinate powers in war, 296 ibid. 297 298 ibid. 299 ibid. ibid. ibid. 300 20. How their promises bind the fovereign, 21. In what cafes their promises bind only themfelves, ibid. 22. Their affumption of an authority which they do not poffefs, ib. 23. How they bind their inferiors, 24. War never to be undertaken without very cogent reafons, 301 25. Juftificatory reafons, and motives for making war, abid. 26. What is in general a juft caufe of war, 27. What war is unjust, 28. The object of war, 302 ibid. ibid. 29. Both juftificatory reafons and proper motives requifite in un Sect. page 31. War undertaken upon juft grounds, but from vicious mo 33. War undertaken merely for advantage, 303 304 ibid. 34. Nations who make war without reafon or apparent motives, 35. How defenfive war is juft or unjust, 305 ibid. 36. How it may become just against an offensive war which was originally juft, ibid. 37. How an offenfive war is juft in an evident cause, 41. War undertaken to punish a nation, 307 42. Whether the aggrandifement of a neighbouring power can authorise a war against him, ibid. 43. Alone, and of itfelf, it cannot give a right to attack him, 308 44. How the appearances of danger give that right, 45. Another cafe more evident, 49. How he that deftroys the equilibrium, may be restrained, or even weakened, ibid. 50. Behaviour allowable towards a neighbour preparing for war, CHAP. IV. Of the Declaration of War,—and of War in due Form. 51. Declaration of war:-neceffity thereof, 313 54. The right to make war ceases on the offer of equitable conditions, 55. Formalities of a declaration of war, 56. Other reafons for the neceffity of its publication, 315 ibid. 316 ibid. ibid. ibid. 61. Duty of the inhabitants on a foreign army's entering a coun try before a declaration of war, ibid. 318 62. Commencement of hoftilities, 63. Conduct to be observed towards the enemy's fubjects who are in the country at the time of the declaration of war, ibid. 64 Publication of the war, and manifeftoes, ibid. 65. Decorum and moderation to be obferved in the manifeftoes, 319 65. What is a lawful war in due form, ibid. 67. It is to be diftinguished from informal and unlawful war, 320 68. Grounds of this diftinction, ibid. |