International law; Natural law; War (International law)
XVII. A treaty made with a king continues in force, even though
the same king or his successor should be banished from the kingdom
by rebellious subjects. For the rights of a king, among which his
alliances may be reckoned, remain unimpaired, during the temporary loss
of his throne. A case to which the expression of Lucan may be applied,
that "order never loses its rights under any change of circumstances."
XVIII. On the other hand, any war, if it be with the consent of the
lawful sovereign, made upon the invader of his kingdom, or upon the
usurper of a free people's rights before his usurpation has received
public sanction, will be deemed no infraction of any former treaty
with the established authorities of that kingdom or country. For acts
of usurpation convey not immediately any right beyond that of bare
possession. And this is what was said by Titus Quintius to Nabis, "We
made no treaty of alliance and amity with you, but with the just and
lawful king of the Lacedaemonians." For in treaties the characters of
KING, SUCCESSOR, and the LIKE, carry with them an idea of a peculiar
and lawful right, which must always render the cause of USURPERS odious.
XIX. It was a question formerly discussed by Chrysippus, whether a
prize promised to him, who first reached the goal, could be given to
two, who reached it at the same time, or to neither. But as rewards of
merit are things of a favourable nature, it is the juster opinion that
they should divide the prize. Although Scipio, Caesar and Julian acted
more liberally, in giving the entire prizes to each of those who had
ascended the walls together.
What has been already said upon the literal or figurative application
of the words, in interpreting treaties, will be sufficient.
Public-domain text, read in full here on John Shaqi.
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