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The Law And Warfare Notes

History Notes > The Law and Warfare, 1618 - 1815 Notes

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Law Contents???Past questions Quotes o The Rights of War and Peace o The Law of Nations, or Principles of the Law of Nature o Candide o 'Instructions for Privateers' o Secondary sources o Seventeenth-century brutality o Eighteenth-century moderation o Pillaging o The law on land o The Military Revolution Chronology o Wars o Events Principal sources o The Rights of War and Peace o The Law of Nations, or Principles of the Law of Nature o Candide o 'Instructions for Privateers' Secondary sources o A Briefe Discourse of Warre o The Marlborough-Godolphin Correspondence o The Barrington Papers o Treatise of Military Discipline o Reveries, or, Memoirs Concerning the Art of War o An Essay on the Art of War o The Partisan, or, the Art of Making War in Detachment o The Blackader Diary o The Encyclopedie o The Recruiting Officer o The Coignet Diary o Memoirs for the Instruction of the Dauphin o The Durant Journal o The Todd Journal International law o Traditions o Civilians o The sea Soldiers and civilians o Contact o Plunder o Seventeenth-century brutality o Eighteenth-century moderation o Occupation Law


o Billeting o Recruitment o Other duties o Discipline Intervention abroad o Religion o Revolution o The colonies The Military Revolution and the law o Economic warfare o Limited warfare o Colin Jones

Quotes The Rights of War and Peace


4???"War is lawful against those who offend against Nature". o Hugo Grotius. "I observed throughout the Christian world a Licentiousness in regard to War". o Hugo Grotius. "Tender Age must excuse the Child, and her Sex the Woman". o Seneca, quoted by Hugo Grotius. Merchants' "immediate Interest makes them more inclinable to Peace than War". o Hugo Grotius. And "striking a Terror for the future, does by no Means give a Right to put to Death". o Hugo Grotius. That "the slaughter of women and children is allowed to have impunity, as comprehended in the right of war". o Hugo Grotius. The "law of nations... permits many things which are forbidden by the law of nature". o Hugo Grotius.

The Law of Nations, or Principles of the Law of Nature???That "all powers are obliged to unite and punish the one who wishes to introduce such wicked customs". o Emer de Vattel. How "a small republic is as much a sovereign state as the most powerful kingdom". o Emer de Vattel. That "all necessary means" may be used to seek victory in a just war. o Emer de Vattel. "Right goes hand in hand with necessity". o Emer de Vattel. "The humanity with which most nations in Europe carry on wars at present, cannot be too much commended". o Emer de Vattel. Spare those "whose callings are very remote from military affairs". o Emer de Vattel. "Let us never forget that our enemies are men." o Emer de Vattel.

Candide?Voltaire was "a rogue who understands nothing". o Frederick the Great. "Heroic butchery". o Voltaire. An Abar village is burnt to the ground "in accordance with international law". o Voltaire.


5 'Instructions for Privateers'??

To "by force of armes, apprehend, seize, and take, upon the seas, any of the shipps, merchandizes, and goods" of the party that had wrong them. o 1649 instructions. "French fishermen are not to be molested". o 1645 instructions. No-one can be "in cold blood killed, maimed, wounded... or inhumanely treated, contrary to the common uses and just provisions of war". o 1666 instructions. "That all ships carrying any contraband goods to France and Spain shall be seized as prize to his Majesty". o 1744 instructions.

Secondary sources???????

With the Inquisition "they take men's goods at their pleasure". o Sir Roger Williams on Spanish occupation. Louis of Baden lamented having to act "like a hussar". o Louis of Baden regrets devastating Bavaria in 1704. Neuberg was "of very great consequence to us, since this town will make it easy for us to have all our provisions". o The Duke of Marlborough writes to Sir Sidney Godolphin. "doing our utmost to ruin his country". o The Duke of Marlborough on the Elector of Bavaria. That "these poor pepel suffers onely for their master's ambition". o The Duke of Marlborough. One soldier snapped that: "he was the King's Servant... and that he would go a fishing and sporting wherever he pleas'd". o Complaint from a civilian to Viscount Barrington. "Your Lordship for the future will please confine your Orders to the Forces under your Command". o Viscount Barrington to Major-General the Earl of Home. He would not stop their "wonted cruelty and barbarous ravages". o The threats of General Sir William Johnson, according to William Spavens. The "Necessity of Legal Military Subordination". o Humphrey Bland. "[N]ow that war is carried on with more moderation and humanity". o Maurice de Saxe. A battle is "this last extremity". o Count Turpin de Crisse. A general should avoid "oppressing humanity". o Count Turpin de Crisse. "Excesses which are shocking to Humanity". o Problems typically caused by poor partisans, according to Louis Michel de Jeney. Without discipline, troops are liable to indulge in "plundering and chaos". o The Encyclopedie.



If battle can be avoided, "it is not excusable to risk the lives of so many brave soldiers". o The Encyclopedie. Looking after the wounded "is a duty prescribed by humanity of which we need not remind French generals". o The Encyclopedie. "What think you now of a Purse full of French gold out of a Monsieur's Pocket, after you have dash'd out his Brains with the Butt of your firelock". o The Recruiting Officer. The "barbarous plundering". o George Durant. There were "strick'd Orders not to disturb any of the people". o Corporal William Todd, 1758. Every town that did not pay was "totally plunder'd and distroy'd". o Corporal William Todd, 1758. It seemed as if "the whole Kingdom was going to be distroy'd, very shocking to behold". o Corporal William Todd, 1758. Dr Vincent "killed more Frenchmen than all the commanders of the navy put together". o Patrick Renney.

Seventeenth-century brutality????To "having once begun warre, follow it with sword, fire, spoile, slaughter, till the streets be ful". o Robert Monro. No mercy for "the enemies of God". o The Parliamentary Souldiers Catechisme in the English Civil War. 'The armies expanded... to facilitate the levy of Contributions which, by their very scale, inevitably rendered this method of supporting the forces increasingly unreliable.' o David Parrott. The period was 'not revolution, but an almost complete failure to meet the challenges posed by the administration and deployment of contemporary armies'. o David Parrott on the Roberts Century. Respond to the "bloudy and barbarous Massacre" of the Vaudois. o Oliver Cromwell, April 1655. "I would put the city to the sword and plough it under". o Marquis de Chamlay of Mannheim, 1688. A "Frenchmen and a cannibal are almost the same thing". o A pamphlet from 1689. Burn towns or castles; "I do not doubt that shall make the money come promptly". o The Duc de Duras to French troops. "They are laying the country waste". o Lieutenant Villiers, 1795.


7And "as we received no victuals, we were obliged to live from pillaging". o The dairy of artilleryman Bricard.

Eighteenth-century moderation'There was probably less random pillaging and looting in the eighteenth century because officers were able to exercise greater discipline and control over their troops.' o John Brewer.

Recruitment"No man will be a sailor who has contrivance enough to get himself into jail... A man in jail has more room, better food and commonly better company". o Dr Samuel Johnson

The law on land??"[O]fficers and soldiers guilty of any capital crime, or of any violence of offence against the person, estate or property of any subject, which is punishable by law, [are] to be delivered over to the Civilian magistrate". o An eighteenth-century British manual. Bellecoeur was "an excellent dragoon". o The colonel of this murdering dragoon as he saved him from justice, 1739. "Troops are unfortunate wretches who are despised by the humblest working man". o Lieutenant-General de Bombelles, 1759. "Extirpate this Execrable Race". o Commander Jeffrey Amherst. "As an Indian and a Company's man, I am bound by the customs of the country which knows no right but that of force". o French commander Lally at the Siege of Pondicherry.

The law at sea"Free ships make free goods". o Dutch maritime motto of the seventeenth century.

The Military Revolution?Grotius' work 'bears on every page the impression of the military revolution'. o Michael Roberts. 'Pillage... constituted, along with women and drink, the unofficial wages of war.' o Colin Jones. 'It mattered little whether the indigenous population was friend or foe.' o Colin Jones.


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