THE
PRINCIPLES
OF
POLITIC
LAW

By J. J. BURLAMAQUI,

[1748]

COUNSELLOR OF STATE, AND LATE PROFESSOR OF NATURAL AND CIVIL LAW AT GENEVA.

VOL. II.

TRANSLATED [IN 1752] INTO ENGLISH BY MR. NUGENT.
FIFTH EDITION, CORRECTED.

CAMBRIDGE,

PRINTED AT THE UNIVERSITY PRESS,
BY W. HILLIARD, AND SOLD AT HIS BOOKSTORE,
AND BY THE BOOKSELLERS IN BOSTON
.

1807.


CONTENTS.

PART I

Which treats of the original and nature of civil society, or sovereignty in general, of its peculiar character, modifications, and essential parts.

  Sect.   Page.
HTML Version or Menu Text Version CHAP. I. CONTAINING some general and preliminary reflections, which serve as an introduction to this and the following parts. 9
HTML Version or Menu Text Version CHAP. II. Of the original of civil societies in fact. 13
HTML Version or Menu Text Version CHAP. III. Of the right of conveniences with regard to the institution of civil society, and the necessity of a supreme authority; of civil liberty, that it is far preferable to natural liberty, and that the civil state is of all human states the most perfect, the most reasonable, and consequently the natural state of man. 16
HTML Version or Menu Text Version CHAP. IV. Of the essential constitution of states, and of the manner, in which they are formed. 23
HTML Version or Menu Text Version CHAP. V. Of the sovereign, sovereignty, and the subjects. 29
HTML Version or Menu Text Version CHAP. VI. Of the immediate source and foundation of sovereignty. 33
HTML Version or Menu Text Version CHAP. VII. Of the essential characters of sovereignty, its modifications, extent, and limits. 38
  1. Of the characters of sovereignty. 38
  2. Of absolute sovereignty. 41
  3. Of limited sovereignty. 44
  4. Of fundamental laws. 46
  5. Of patrimonial and usufructuary kingdoms. 50
HTML Version or Menu Text Version CHAP. VIII. Of the parts of sovereignty, or of the different essential rights, which it includes. 51

PART II.

In which are explained the different forms of government, the ways of acquiring or losing sovereignty, and the reciprocal duties of sovereigns and subjects.

  Sect.   Page.
HTML Version or Menu Text Version CHAP. I. Of the the various forms of government. 55
HTML Version or Menu Text Version CHAP. II. An essay on this question, Which is the best form of government? 63
HTML Version or Menu Text Version CHAP. III. Of the different ways of acquiring sovereignty. 73
  1. Of conquest. 74
  2. Of the election of sovereigns. 76
  3. Of the succession to the crown. 77
HTML Version or Menu Text Version CHAP. IV. Of the different ways of losing sovereignty. 83
HTML Version or Menu Text Version CHAP. V. Of the duties of subjects in general. 86
HTML Version or Menu Text Version CHAP. VI. Of the inviolable rights of sovereignty, of the deposing of sovereigns, of the abuse of sovereignty, and of tyranny. 90
HTML Version or Menu Text Version CHAP. VII. Of the duty of sovereigns. 97

PART III.

A more particular examination of the essential parts of sovereignty, or of the different rights of the sovereign, with respect to the internal administration of the state, such as the legislative power, the supreme power in matters of religion, the right of inflicting punishment, and that which the sovereign has over the Bona Reipublicę, or the goods contained in the commonwealth.

  Sect.   Page.
HTML Version or Menu Text Version CHAP. I. Of the legislative power, and the civil laws which arise from it. 110
HTML Version or Menu Text Version CHAP. II. Of the right of judging of the doctrines taught in the state. Of the care, which the sovereign ought to take to form the manners of his subjects. 120
HTML Version or Menu Text Version CHAP. III. Of the power of the sovereign in matters of religion. 122
HTML Version or Menu Text Version CHAP. IV. Of the power of the sovereign over the lives and fortunes of his subjects in criminal cases. 130
HTML Version or Menu Text Version CHAP. V. Of the power of sovereigns over the Bona Reipublicę, or the goods contained in the commonwealth. 143

PART IV.

In which are considered the different rights of sovereignty with respect to foreign states; the right of war, and every thing relating to it; public treaties, and the right of ambassadors.

  Sect.   Page.
HTML Version or Menu Text Version CHAP. I. Of war in general, and first of the right of the sovereign, in this respect, over his subjects. 155
HTML Version or Menu Text Version CHAP. II. Of the causes of war. 161
HTML Version or Menu Text Version CHAP. III. Of the different kinds of war. 173
HTML Version or Menu Text Version CHAP. IV. Of those things which ought to precede war. 184
HTML Version or Menu Text Version CHAP. V. General rules to know what is allowable in war. 190
HTML Version or Menu Text Version CHAP. VI. Of the rights, which war gives over the persons of the enemy, and of their extent and bounds. 194
HTML Version or Menu Text Version CHAP. VII. Of the rights of war over the goods of an enemy. 201
HTML Version or Menu Text Version CHAP. VIII.   Of the right of sovereignty acquired over the conquered. 211
    Of neutrality. 215
HTML Version or Menu Text Version CHAP. IX.   Of public treaties in general. 216
HTML Version or Menu Text Version CHAP. X.   Of compacts made with an enemy. 224
HTML Version or Menu Text Version CHAP. XI.   Of compacts with an enemy, which do not put an end to the war. 230
HTML Version or Menu Text Version CHAP. XII.   Of compacts made, during the war, by subordinate powers, as generals of armies, or other commanders. 236
HTML Version or Menu Text Version CHAP. XIII.   Of compacts made with an enemy by private persons. 239
HTML Version or Menu Text Version CHAP. XIV.   Of public compacts which put an end to war. 241
HTML Version or Menu Text Version CHAP. XV.   Of the right of ambassadors. 247

Contents