International law; Natural law; War (International law)
An ABSOLUTE declaration of war is issued, where any power has already
begun hostilities, or committed acts which call for exemplary
punishment. Sometimes indeed a conditional, is followed by an absolute
war, though in such a case the latter is not actually necessary, but
only a confirmation of the former. This gave rise to the form, which
says, "an appeal is hereby made against such a people, as unjust and
refusing to grant redress." There is another form also purporting,
that "the principal herald of the Roman citizens has made known to the
principal herald of the ancient Latins, and to the Latin people, that
redress is demanded of them by just and lawful war, on account of all
the disputes which they have refused to settle, and the indemnities
which they have been bound to grant, and have refused; and that this
is the only means remaining to recover all that has been unjustly
detained." There is also a third mode of declaration, which runs in
the following tenour; "Since the ancient people of the Latins have
committed aggressions against the people of Rome, the people of Rome,
with the advice and consent of the senate, declare war against them,
and in the name of the senate and people of Rome their purpose is thus
published."
But that in case of RENEWED wars such a declaration is not absolutely
necessary, appears from the circumstance of its being made in due form
at the nearest garrison, and not PERSONALLY to the offender himself,
according to the answer given by the heralds, when they were consulted
in the case of Philip of Macedon, and afterwards respecting Antiochus.
Whereas a declaration for the FIRST time should be made to the enemy
himself. Indeed in the war against Pyrrhus the declaration was made
to one of his soldiers, in the Flaminian Circus, where, as Servius
observes in his notes on the sixth book of the Aeneid, he was commanded
to purchase a piece of ground, as a handle for dispute. A proof also
that IN SOME CASES a declaration is superfluous may be taken from the
circumstance that war is frequently declared by BOTH SIDES, which was
done by the Corcyraeans and Corinthians in the Peloponnesian war,
though a declaration by one of the parties would have been sufficient.
Public-domain text, read in full here on John Shaqi.
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