Illustrious Hvgo Grotius of the Law of Warre and Peace with Annotations III Parts and Memorials of the Author's Life and Death

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XXXV Jll. Things th~tt are not the er.t· ~ies ;trc not acquir' d by war. Of qoods found in the Ene· 'll'ttes Ships. . · ANd this is manifdl • that a thing may be made ours by the Law of war, 'tis requir'd, that it have b~en the enemies ; Fer , d~ings _chat are WICh .the enemies, that is, in thetr T owns,or wuh· in their guards , but whole Owners are neither the enemies fubje&s, nor of an ho{hle mind , tho{e things cannot be ac· quir'd by war, as appears, among other t D! m.te o~it• arguments,~y t~at i~ying of v![chi~eJt~ ler,•ti111e. that Amphtpolu,a Ctty o~ the .Atheman~~ . by the war of Phtlip agatnfl: the Ampht· • con(ul · maw politans caul d not be come 11·1 s . Fo r , bo t h ~·;~!her are Re.afon faileth , and this Ri~ht of chan· d.c fuips oino Dominion by force is fo odious, that of friends ft i~ not fit to be produced. Wherefore 1 to be ~ude r;,a what is wont to be faid, *that the Goods ~~:l1e ~~:':n~es are the enemies, which are found in the goods , unlefs Enemies lhips t , ought not t? be [o un· it be by con· derA:ood , as if it were a ccrtaiO Rul.e of fenr of the the Law ofNatiom but that ic may ffiew Mafters ofthe ' fhip. L. cotem. r.t D. dl p,btica,iJ. 'l(gdtrietU Zt4aritU li. de tJ{tt maru, Crm.t · 2.,N~6' And fo 1 think the Laws of France are til be undcdlo 1 which· fubjed fhips and goods to the prey for one ~nothcr.O~~e[~ wife the chings alone become a prey. Mertrf. lhm~e./lb. 2.k lh' rJte War of the Venetians with the Gc:nuans, the Gree '~ were furched,and the enemies bidden there ~rawn for.~h.G;1:~~. lib. 9. vide & cranr~rm~ ~U~lf· "· & .dlbmc~fl! G1~11 ~~ Bifp~n. lib, z.o. . J • , a prefum~ion, which ye.t by llrong proofs to the contrary may be ·overchrown. So, in our Holland, long Iince, Anno 13 38. in the ileat of War , I have found it was judged in full Senate , and upon that judgment paffed into a Law . XXXIX_. By the Law of Natiom the things ~trc made ours, which our enemies took from others hy war. ANd this is without Controverfy if / . we refpe6t the Law of NatiOI~s, Things taken by · us from the encmtes cannot be challenged by them that had poOeLfed them before our enemies , and had !o{hhem by war: becaufe the Law of Nations made the enemies firA: mafiers by exter~al dominion, and then us. By which rioht , among other arguments , Jtphtha defends himldf againfi th~ .Am~ monitti becaufe that Land whtch the Jud. n. 2.3, .Ammonites challenged, by the Law of ~45, '-1· war had panl'fe' d f r.om h A . I am. J0.2.ct. t e mmomte s to t So Retin the He~re.ws ; as alfo another part,from King of .syria the Moabites ro the Amorites , and from ~~~e ~ Ctty the· Amoritts to the fame H ehrews. So w1 .db '~h. was the David ~ccounteth that rJ Or h1' s own , an d to um:ran5 not them, but divides it , which he had taken from the to the Syrians vfmalekjres , the Amalekjtes formerly to be inhabi­from the Philiftins t· Tiws LartTius· in rcd,as the Ma- . . h..., h forcts read , Dtonyftus Halu:arnajfenfi.r '. w en t e ,. 'l(tg. 16• 6 . Volfcians requefied to ha-.e theu old po£t:ef- Halicarnafl .l.6. Q o 3 fions