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