Commentary on the Law of Prize and Booty. Hugo Grotius

III. Is any war just for Christians, against Christians?—Article IV. Is any war just for Christians, against Christians, from the standpoint of all law?

CHAPTER IV

       QUESTION II: Article I. Is the seizure of prize or booty ever just?—Article II. Is it ever just for Christians?—Article III. Is such seizure ever just for Christians, from Christians?—Article IV. Is such seizure ever just for Christians, from Christians, and from the standpoint of all law?

CHAPTER V

       QUESTION III: What seizures of prize or booty are just?

       QUESTION IV: What wars are just?

CHAPTER VI

       Concerning the Efficient Cause of War

       QUESTION V: Article I. What is a just efficient cause of private war?—Article II. What is a just efficient cause of public war?

CHAPTER VII

       Concerning the Subject-Matter of War. For What Cause and in What Circumstances Is War Justly Waged?

       QUESTION VI: Article I. What constitutes just subject-matter of war, in a causal sense, for voluntary efficient agents?—Article II. What constitutes just subject-matter of war, from the standpoint of attendant circum-stances, for voluntary efficient agents? Article III. What constitutes just subject-matter of war, in a causal sense, for subjects?—Article IV. What constitutes just subject-matter of war, from the standpoint of attendant circumstances, for subjects?

       COROLLARY TO QUESTION VI. Can there be a war that is just for both parties: Article I. With respect to voluntary agents?—Article II. With respect to subjects?

CHAPTER VIII

       Concerning the Forms to Be Followed in Undertaking and Waging War

       QUESTION VII: Article I. What constitutes just form in undertaking a private war?—Article II. What constitutes just form in undertaking a public war?—Article III. What constitutes just form in waging a war, in so far as voluntary agents are concerned?—Article IV. What constitutes just form in waging a war, in so far as subjects are concerned?

       COROLLARIES: I. To what extent is aggressive action permissible against enemy subjects?—II. Can seizure of prize or booty be just for both parties, in so far as subjects are concerned; and if so, to what extent is this possible?—III. Can permanent acquisition of prize or booty be just for both parties; and if so, to what extent is this possible?

       CHAPTER IX

       Concerning the Aims of War

       QUESTION VIII: Article I. What constitutes a just purpose in war, for voluntary agents?—Article II. What constitutes a just purpose in war, for subjects?

       CHAPTER X

       QUESTION IX: By whom may prize or booty be acquired? Article I. By whom may it be acquired in private wars?—Article II. By whom may it be acquired in public wars?

       COROLLARY: To what extent is the acquisition of prize or booty permissible for those who are waging a public war at their own expense, to their own loss and at the risk of damage to their personal interests, through the efforts of their own agents, and in the absence of any agreement regarding recompense?

       CHAPTER XI

       PART I. A General Discussion, Which Deals with the Following Items: Article I. The causes of the war waged by the Dutch against Alba, the Spaniards, Philip, &c.—Article II. The courtesies extended by the Dutch in the course of that war.—Article III. The causes of the war waged by the Dutch against the Portuguese.—Article IV. The courtesies extended by the Dutch to the Portuguese.—Article V. The injuries inflicted by the Portuguese upon the Dutch, throughout Portugal.—Article VI. The injuries inflicted by the Portuguese upon the Dutch, in other, widely distributed localities.—Article VII. The injuries inflicted by the Portuguese upon the Dutch, on the pretext that the latter were entering, for commercial purposes, regions subject to the former.—Article VIII. The same pretext, with special reference to the East Indies.

       PART II. A Discussion of Events in the East Indies, Which Deals with the Following Items: Article I. False accusations made by the Portuguese against the Dutch.—Article II. Enemies suborned by the Portuguese against the Dutch.—Article III. Fraudulent and perfidious conduct of the Portuguese toward the Dutch.—Article IV. The war was first undertaken by the Portuguese against the Dutch.—Article V. The war waged by the Portuguese against the friends of the Dutch.

       CHAPTER XII

       Wherein It Is Shown That Even If the War Were a Private War, It Would Be Just, and the Prize Would Be Justly Acquired by the Dutch East India Company; and Wherein, Too, the Following Theses Are Presented:

       I. Access to all nations is open to all, not merely by the permission but by the command of the law of nations.

       2. Infidels cannot be divested of public or private rights of ownership merely because they are infidels, whether on the ground of discovery, or in virtue of a papal grant, or on grounds of war.

       3. Neither the sea itself nor the right of navigation thereon can become the exclusive possession of a particular party, whether through seizure, through a papal grant, or through prescription (that is to say, custom).

       4. The right to carry on trade with another nation cannot become the exclusive possession of a particular party, whether through seizure, or through a papal grant, or through prescription (that is to say, custom).

       CHAPTER XIII