Sect. 227. Precife meaning of the order, page 400 228. What may be undertaken by private perfons, prefuming on the fovereign's will, 229. Privateers, 230. Volunteers, 231. What foldiers and fubalterns may do, ibid. ibid. 401 ibid. 232. Whether the state is bound to indemnify the fubjects for damages fuftained in war, Of various Conventions made during the Courfe of the War. 402 245. Effects of a truce: what is allowed, or not, during its continuance.-Firft rule-Each party may do at home what they have a right to do in time of peace, 408 246. Second rule-Not to take advantage of the truce in doing what hoftilities would have prevented, 409 247. for instance, continuing the works of a siege, or repairing 250. Retreat of an army during a fufpenfion of hoftilities, ibid.. 251. Third rule-Nothing to be attempted in contested places, but every thing to be left as it was, 411 252. Places quitted or neglected by the enemy, ibid. 253. Subjects inclined to revolt against their prince not to be re ceived during the truce, ibid. 254. much lefs to be folicited to treafon, ibid. 255. Perfons or effects of enemies not to be feized during the 260. At the expiration of the truce, the war recommences with out any new declaration, ibid. 261, Capitulations; and by whom they may be concluded, ibid. Sect. 262. Claufes contained in theni, 263. Obfervance of capitulations, and its utility, 264. Promises made to the enemy by individuals, CHAP. XVII. -- page 413 414 ibid. Of Safe-conducts and Passports, with Queftions on the Ranfom of Prifoners of War. 265. Nature of safe-conducts and passports, 266. From what authority they emanate, 267. Not transferable from one perfon to another, 268. Extent of the promifed fecurity, 416. ibid. ibid. ibid. ibid. 269. How to judge of the right derived from a fafe-conduct, 417 270. Whether it includes baggage and domeftics, 271. Safe-conduct granted to the father does not include his family, ibid. 272. Safe-conduct given in general to any one and his retinue, ib. 273. Term of the fafe-conduct, 418 274. A perfon unavoidably detained beyond the term, ibid. 275. The fafe-conduct does not expire at the death of him who gave it, ibid. 276. How it may be revoked, ibid. 277. Safe-conduct, with the claufe," for fuch time as we fhall "think fit," ibid. 248. Conventions relating to the ransom of prisoners, 279. The right of demanding a ranfom may be transferred, ibid. 280. What may annul the convention made for the rate of the 419 ranfom, 281. A prifoner dying before payment of ranfom, ibid. ibid. 282. Prifoner releafed on condition of procuring the release of another, 420 283. Prifoner retaken before he has paid his former ransom, ib. 284. Prifoner refcued before he has received his liberty, ibid. 285. Whether the things which a prifoner has found means to conceal, belong to him, 286. Hostage given for the release of a prifoner, 421 ibid. CHAP. XVIII. Of Civil War. 289. Popular commotion, infurrection, fedition, 290. How the fovereign is to fupprefs them, 287. Foundation of the fovereign's rights against the rebels, 421 288. Who are rebels; 422 ibid. ibid. 291. He is bound to perform the promises he has made to the 294. They are to obferve the common laws of war, ibid. 295. The effects of civil war diftinguithed according to cafes, 426 296. Conduct to be purfued by foreign nations, 427 воок IV. Of the Restoration of Peace; and of Embaffies. 11. Alienations made by a treaty of peace, 433 12. How the fovereign may, in a treaty, difpofe of what concerns individuals, 435 13. Whether a king who is a prifoner of war, can make a peace, ib. 14. Whether peace can be made with a ufurper, 436 15. Allies included in the treaty of peace, ibid. 16. Affociates to treat, each for himself, 437 ibid. ibid. 438 439 21. Things not mentioned in the treaty, ibid. 22. Things not included in the compromife or amnesty, ibid. are a 28. The promife is void when the party to whom it was made Sect. page 32. The interpretation of a treaty of peace is to be against the fuperior party, 33. Names of ceded countries, 443 ibid. 34. Reftoration not to be underflood of thofe who have voluntarily given themselves up, CHAP. IV. Of the Obfervance and Breach of the Treaty of Peace. 35. The treaty of peace binds the nation and fucceffors, 36. It is to be faithfully obferved, 444 444 ibid. 37. The plea of fear or force does not difpenfe with the ob fervance, 445 38. How many ways a treaty of peace may be broken, 446 39. by a conduct contrary to the nature of every treaty of peace,ib. 40. To take up arms for a freth caufe is no breach of the treaty of peace, ibid. 41. A fubfequent alliance with an enemy is likewife no breach of the treaty, 447 42. Why a diftinction is to be made between a new war and a breach of the treaty, ibid. 43. Juftifiable felf-defence is no breach of the treaty, 44. Caufes of rupture on account of allies, 448 449 45. The treaty is broken by what is contrary to its particular nature, ibid. 46. by the violation of any article, ibid. 47. The violation of a fingle article breaks the whole treaty, ibid. 48. Whether a diftinction may here be made between the more and the lefs important articles, 49. Penalty annexed to the violation of an article, 50. Studied delays, 51. Unfurmountable impediments, 52. Infractions of the treaty of peace by the fubjects, 53. or by allies, 450 ibid. ibid. ibid. 451 ibid. 54. Right of the offended party against him who has violated the treaty, CHAP. V. 452 Of the Right of Embassy, or the Right of fending and receiving public Miniflers. 55. It is neceffary that nations be enabled to treat and commu 452 nicate together, 56. They do that by the agency of public minifters, 57. Every fovereign ftate has a right to fend and receive public 453 minifters, ibid. 58. An unequal alliance, or a treaty of protection, does not take away that right, ibid. 59. Right of the princes and ftates of the empire in that respect, ib. 60. Cities that have the right of banner, 454 61. Ministers of viceroys, 455 Sect. page 62. Minifters of the nation or of the regents during an inter regnum, 455 63. Sovereign molefting another in the exercife of the right of embaffy, 64. What is allowable in that refpect in time of war, 65. The minifter of a friendly power is to be received, 66. Refident minifters, 67. Admiffion of an enemy's minifters, ibid. ibid.. 456 ibid. 457. 68. Whether minifters may be received from or sent to a ufurper,ib. CHAP. VI. Of the feveral Orders of public Minifters, of the - of the Reprefenta tive Character, and of the Honours due to Mini Jenta 69. Origin of the feveral orders of public minifters, 70. Representative character, 71. Embaffadors, 459 ibid. ibid. 75. Confuls, agents, deputies, commiffioners, &c. Of the Rights, Privileges, and Immunities of Embassadors, and 34. What is due to them in the countries through which they 88. Minifters, trumpeters, &c. to be refpected even in a civil. war, ibid. 89. Sometimes they may may be refufed admittance, 469. 90. Every thing which has the appearance of infult to them, 91. By and to whom they may be fent, 94. How he may be punished for ordinary tranfgreffions, must be avoided, 92. Independence of foreign minifters, 93. How the foreign minifter is to behave, 95. for faults committed against the prince, 96. Right of ordering away an embaffador who is guilty, or ibid. 470 ibid. 472 475 ibid. justly fufpected, ibid. . |