Of the Declaration of War and of War in Due Form§ 51. Declaration of war.§ 52. What it is to contain.§ 53. It is simple or conditional.§ 55. Formalities of a declaration of war.§ 56. Other reasons for the necessity of its publication.§ 57. Defensive war requires no declarations.§ 58. When it may be omitted in an offensive war.§ 59. It is not to be omitted by way of retaliation.§ 60. Time of the declaration.§ 61. Duty of the inhabitants on a foreign army's entering a country before a declaration of war.§ 62. Commencement of hostilities.§ 63. Conduct to be observed towards the subjects of an enemy, who are in the country at the time of the declaration of war.§ 64. Publication of the war, and manifestoes.§ 65. Decorum and moderation to be observed in the manifestoes.§ 66. What is lawful war in due force.§ 67. It is to be distinguished from informal and unlawful war.§ 68. Grounds of this distinction. 1. Livy, lib. i. cap. 31.
2. See Sully's Memoirs.
3. It is remarked as a very singular circumstance, that Charles the Second, king of Great Britain, in his declaration of war against France, dated February 9, 1668, promised security to French subjects who should "demean themselves properly," and, moreover, his protection and favor to such of them as might choose to emigrate to his dominions.
4. De Jure Belli et Pacis, lib. i. cap. iii. § 4.
5.Lib. iii. cap, iv.
6. See chap. xii. of this book.
7. In the year 1602.