1. De Cive, cap. 14. § 4.
2. See chap. v. sect. 8.
3. See Grotius, Rights of War and Peace; preliminary discourse, § 18, and book i. chap. i. § 14.
4. See Puffendorf law of Nature and Nations, book ii. chap. iii. § 23, with Barbeyrac's notes.
5. See Virgil, Æneid, book x. ver. 139, with the 15th note of the Abbès des Fontaines.
6. Let us remark here by the way, that the ideas of the ancient Roman lawyers, concerning the law of nations, are not always uniform; which creates some confusion. Some there are, who understand by the LAW OF NATIONS those rules of right, that are common to all men, and established amongst themselves pursuant to the light of reason; in opposition to the particular laws of each people. (See the 9th law in the Digest, de Justitia & Jure, book i. tit. I) And then the law of nations signified also the law of nature. Others distinguished between these two species, as Ulpian has done in law I. of the title now mentioned. They gave the name of law of nations to that, which agrees with man as such; in opposition to that which suits him as an animal. (See Puffendorf, Law of Nature and Nations, book ii. chap. 3. § 3. note 10.) Some, in fine, comprised the one and the other under the idea of natural law. (See law XI. Digest de Justitia & Jure.) And hence it comes, that the better sort of Latin writers give indifferently the name of natural law, or the law of nations, to that which relates to either. This we find in the following passage of Cicero, where he says, that by the law of nature, that is, by the law of nations one man is not allowed to pursue his advantage at the expense of another. Neque vero hoc solum NATURA, id est, JURE GENTIUM ——— constitutum est, ut non liceat sui commodi causa, alten nocere.
De Offic. lib. 3. cap. 5. See Mr. Noodt's commentary on the Digest book i. tit. 1. where this able lawyer explains very well the ambiguity of the distinction of natural law, and the law of nations, according to the different language of ancient civilians.
7. See part i. chap. xi. § 12.
8. It is Monsieur Bernard, that furnishes us with these reflections. If a private person, says he, offends without cause a person of the same station, his action is termed an injustice; but if a prince attacks another prince without cause, if he invades his territories, and ravages has towns and provinces, this is called waging war, and it would be temerity to think it unjust. To break or violate contracts or agreements is esteemed a crime among private people; but, among princes, to infringe the most solemn treaties is prudence, is understanding the art of government. True it is, that some pretext is always sought for, but those, who trump up these pretexts, give themselves very little trouble whether they are thought just or not, etc. Nouvelles, de la republique des lettres Mars 1704 page 340, 341.
