The Life of the Truly Eminent and Learned Hugo Grotius: Containing a Copious and Circumstantial History of the Several Important and Honourable Negotiations in Which He Was Employed; together with a Critical Account of His WorksBurigny, M. de (Jean Lévesque)
History
The Life of the Truly Eminent and Learned Hugo Grotius: Containing a Copious and Circumstantial History of the Several Important and Honourable Negotiations in Which He Was Employed; together with a Critical Account of His Works
Burigny, M. de (Jean Lévesque)
Grotius, Hugo, 1583-1645
XXIV. After his return from England, Grotius happened to be one day at
the Assembly of the States of Holland and West-Friesland when an affair
of consequence was under consideration. The States had granted
commissions to several Privateers, some of which made depredations on
the friends of the Republic, and, afterwards quitting the country,
scowered the seas, refusing to return though summoned. Some people of
Pomerania who had been ill used by these Corsairs, applied to the States
for redress. The Question therefore was, Whether the States were
answerable for the act of those privateers, either as having employed
bad men in their service, or neglected to require security from them on
giving them commissions. Grotius' advice being asked, his opinion was,
that the States were only bound to punish the offenders, or deliver them
up, if taken; and, for the rest, to make satisfaction to the sufferers
out of the effects of the pirates. We learn from himself on what he
grounded his opinion[68]. The States, said he, were not the cause of
those unjust practices, nor had any part in them: so far from it they
have prohibited, by express ordonnances, the injuring of our friends.
They were not obliged to ask security from the privateers, since,
without granting formal commissions, they might permit all their
subjects to plunder the enemy, as was formerly practised; and the
permission they granted to those privateers was not the cause of the
damage they did to our allies, since any private person may, without
such permission, fit out vessels, and sail on a cruize. Besides, it was
impossible to foresee that these privateers would turn out wicked; and
there is no taking such precautions as to employ only honest men. When a
prince's troops, whether by sea or land, contrary to his order, injure
his friends, he is not responsable for it; as appears from what has been
acknowledged by France and England. To make one answerable for the acts
of those who are in his service, even when no fault of his gave any
occasion to them, would be to decide the question not by the law of
nations, but by the civil law; and even the rule is not general in the
civil law.
The States were determined by this opinion.
FOOTNOTES:
[68] De jure belli et pacis, lib. 2. c. 17. sec. 20.
XXV. The multitude of affairs with which Grotius was oppressed, and the
continual journeys he was obliged to make, left him no time for
cultivating Polite Literature. In the midst of his occupations Du
Maurier, the French Ambassador in Holland, and his particular friend,
having resolved to begin a course of study, applied to Grotius for
directions. We shall here give an extract from his answer[69], because
it may be of use to grown persons desirous of acquiring literary
accomplishments.
Public-domain text, read in full here on John Shaqi.
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