74. continue fuch every-where, 75. Neutral things found with an enemy, 76. Lands poffeffed by foreigners in an enemy's country, ibid. 77. Things due to the enemy by a third party, ibid. 83. When a nation is authorifed to afflift another, 84. and to make alliances for war, 92. The fuccour is not due under an inability to furnish it, or ibid. 96. Those who make a common caufe with the enemy 97. and those who affift him, without being obliged treaties, or who are in an offenfive alliance with him, Sect. page 102. Whether it be neceffary to declare war against the enemy's affociates, 331 CHAP. VII. Of Neutrality, and the Paffage of Troops through a Neutral 103. Neutral nations, Country. 104. Conduct to be purfued by a neutral nation, 332 ibid. 105. An ally may furnish the fuccour due from him, and re 109. Foundation of the rules of neutrality, 110. How levies may be allowed, money lent, and every kind of things fold, without a breach of neutrality, ibid.. 111. Trade of neutral nations with those which are at war, 335 125. Whether always neceffary to give every kind of fecurity 126. Equality to be obferved towards both parties, as to the ibid. paffage, 343 127. No complaint lies against a neutral state for granting a ibid. paffage, 128. That flate may refuse it from fear of the refentment of the oppofite party, ibid. 129. and left her country fhould become the theatre of war, ibid. 130. What is included in the grant of paffage, 131. Safety of the paffage, 344 ibid. 132. No hoftility to be committed in a neutral country, ibid. 133. Neutral country not to afford a retreat to troops, that they may again attack their enemies, 345 134. Conduct to be pursued by troops paffing through a neutral country, ibid. 135. A paffage may be refufed for a war evidently upjuft, ibid. CHAP. VIII. Of the Rights of Nations in War, and firft, of what we have a Right to do, and what we are allowed to do, to the Enemy's Perfon in a juft War. Sect. page 136. General principle of the rights against an enemy in a juft war, 346 137. Difference between what we have a right to do, and what is barely allowed to be done with impunity between enemies, ibid. 138. The right to weaken an enemy by every justifiable me thod, 347 ibid. 139. The right over the enemy's perfon, 140. Limits of that right:- an enemy not to be killed after ceafing to refift, 141. A particular cafe, in which quarter may be refufed, 142. Reprifals, ibid. 348 ibid. 143. Whether a governor of a town can be punished with death for an obftinate defence, 144. Fugitives and deferters, 349 351 ibid. 352 145. Women, children, the aged, and fick, 146. Clergy, men of letters, &c. 147. Peasants, and, in general, all who do not carry arms, ibid. 151. Whether prifoners, who cannot be kept or fed, may be put to death, 355 152. Whether prifoners of war may be made flaves, 356 153. Exchange and ranfom of prifoners, 154. The ftate is bound to procure their releafe, 357 ibid.. 155. Whether an enemy may lawfully be affaffinated or poi foned, 358 156. Wether poifoned weapons may be used in war, 157. Whether fprings may be poifoned, 158. Difpofition to be entertained towards an enemy, Tenderness for the perfon of a king who is in arms against Of the Right of War, with respect to Things belonging to the Enemy. 160. Principles of the right over things belonging to the enemy, 364 161. The right of feizing them, 162. What is taken from the enemy by way of penalty, ibid. ibid. 163. What is with-held from him, in order to oblige him to give juft fatisfaction, 164. Booty, 365 ibid. 171. Safeguards, 368 ibid. 369 ibid. 172. General rule of moderation, respecting the evil which may be done to an enemy, ibid. 173. Rule of the voluntary law of nations on the fame fubject, ib. CHAP. X. Of Faith between Enemies, of Stratagems, Artifices in War, Spies, and fome other Practices. 174. Faith to be facred between enemies, 371 175. What treaties are to be observed between enemies, 176. On what occafions they may be broken, 372 ibid. 180. Clandeftine feduction of the enemy's people, CHAP. XI. Of the Sovereign who wages an unjust War. 183. An unjust war gives no right whatever, 185. His obligations, 186. Difficulty of repairing the injury he has done, 378 ibid. 379 ibid. 187. Whether the nation and the military are bound to any thing, CHAP. XII. 380 Of the Voluntary Law of Nations, as it regards the Effects of Regular Warfare, independently of the Justice of the Caufe. 188. Nations not rigidly to enforce the law of nature against each other, 381 189. Why they are bound to admit the voluntary law of nations, ib, 190. Regular war, as to its effects, is to be accounted just on both fides, 382 19t. Whatever is permitted to one party, is fo to the other, ibid. 192. The voluntary law gives no more than impunity to him. who wages an unjust war, 383 Of Acquifitions by War, and particularly of Conquefts. 198. How to transfer them validly, 387. 199. Conditions on which a conquered town is acquired, ibid. 200. Lands of private perfons, 388 201. Conqueft of the whole ftate, ibid. 202. To whom the conqueft belongs, 391 203. Whether we are to fet at liberty a people whom the enemy had unjustly conquered, ibid. 209. What things are recoverable by that right, 394 216. Of those who cannot return by the right of poftliminium, ib. 211. They enjoy that right when retaken, ibid. 212. Whether that right extends to their property alienated by the enemy, 395 213. Whether a nation that has been entirely fubdued can enjoy the right of poftliminium, 396 214. Right of poftliminium for what is restored at the peace, 397 215. and for things ceded to the enemy, ibid. 216. The right of poftliminium does not exist after a peace, ibid. 217. Why always in force for prisoners, ibid. 218. They are free even by efcaping into a neutral country, ib. 219. How the rights and obligations of prisoners subsist, 220. Teftament of a prifoner of war, 226. Why the law of nations fhould have adopted this rule, ibid. |