Chapter XXI

HISTORY OF MORAL AND POLITICAL PHILOSOPHY AND OF JURISPRUDENCE
FROM 1600 TO 1650.

Casuistical Writers 521
Importance of Confession 521
Necessity of Rules for the Confessor 521
Increase of Casuistical Literature 521
Distinction of subjective and objective Morality 522
Directory Office of the Confessor 522
Difficulties of Casuistry 522
Strict and Lax Schemes of it 523
Convenience of the latter 523
Favoured by the Jesuits 523
The Causes of this 523
Extravagance of the strict Casuists 524
Opposite Faults of Jesuits 524
Suarez, De Legibus 524
Titles of his Ten Books 524
Heads of the Second Book 525
Character of such Scholastic Treatises 525
Quotations of Suarez 525
His Definition of Eternal Law 526
Whether God is a Legislator 526
Whether God could permit or commend wrong Actions 527
English Casuists--Perkins--Hall 527
Selden, De Jure Naturali Juxta Hebræos 528
Jewish Theory of Natural Law 528
Seven Precepts of the Sons of Noah 528
Character of Selden’s Work 528
Grotius and Hobbes 528
Charron on Wisdom 529
La Mothe le Vayer--his Dialogues 529
Bacon’s Essays 529
Their Excellence 530
Feltham’s Resolves 530
Browne’s Religio Medici 531
Selden’s Table Talk 532
Osborn’s Advice to his Son 532
John Valentine Andrax 532
Abandonment of Anti-Monarchical Theories 533
Political Literature becomes historical 533
Bellenden De Statu 534
Campanella’s Politics 534
La Mothe le Vayer 534
Naude’s Coups d’Etat 534
Patriarchal Theory of Government 534
Refuted by Suarez 535
His Opinion of Law 535
Bacon 536
Political Economy 536
Serra on the Means of obtaining Money without Mines 537
His Causes of Wealth 537
His Praise of Venice 537
Low Rate of Exchange not essential to wealth 587
Hobbes.--His Political Works 538
Analysis of his Three Treatises 538
Civil Jurists of this period 543
Suarez on Laws 544
Grotius--De Jure Belli et Pacis 544
Success of this Work 544
Its Originality 545
Its Motive and Object 545
His Authorities 545
Foundation of Natural Law 546
Positive Law 546
Perfect and Imperfect Rights 546
Lawful Cases of War 546
Resistance by Subjects unlawful 547
All Men naturally have Right of War 547
Right of Self-Defence 548
Its Origin and Limitations 548
Right of Occupancy 549
Relinquishment of it 549
Right over Persons--By Generation 549
By Consent 549
In Marriage 549
In Commonwealths 549
Right of Alienating Subjects 549
Alienation by Testament 550
Rights of Property by Positive Law 550
Extinction of Rights 550
Some Casuistical Questions 550
Promises 550
Contracts 551
Considered ethically 551
Promissory Oaths 552
Engagements of Kings towards Subjects 552
Public Treaties 552
Their Interpretation 553
Obligation to repair Injury 553
Rights by Law of Nations 554
Those of Ambassadors 554
Right of Sepulture 554
Punishments 554
Their Responsibility 555
Insufficient Causes of War 556
Duty of avoiding it 556
And Expediency 556
War for the sake of other Subjects 556
Allies 556
Strangers 556
None to Serve in an Unjust War 556
Rights in War 557
Use of Deceit 557
Rules and Customs of Nations 557
Reprisals 557
Declarations of War 557
Rights by law of nations over Enemies 558
Prisoners become Slaves 558
Rights of Postliminium 558
Moral Limitation of Rights in War 558
Moderation required as to spoil 559
And as to Prisoners 559
Also in Conquest 559
And in Restitution to right Owners 559
Promises to Enemies and Pirates 559
Treaties concluded by competent Authority 560
Matters relating to them 561
Truces and Conventions 561
Those of Private persons 561
Objections to Grotius made by Paley unreasonable 561
Reply of Mackintosh 561
Censures of Stewart 562
Answer to them 562
Grotius vindicated against Rousseau 565
His Arrangement 565
His Defects 565