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On the whole, however, it is astonishing, as I have observed before, how small a proportion the additions made to International Law since Grotius's day bear to the ingredients which have been simply taken from the most ancient stratum of the Roman Jus Gentium.
In this light I would recommend to you to read 'tout de suite' Grotius 'de Jure Belli et Pacis', translated by Barbeyrac, and Puffendorff's 'Jus Gentium', translated by the same hand. For accidental quarters of hours, read works of invention, wit and humor, of the best, and not of trivial authors, either ancient or modern.
In this light I would recommend to you to read 'tout de suite' Grotius 'de Jure Belli et Pacis', translated by Barbeyrac, and Puffendorff's 'Jus Gentium', translated by the same hand. For accidental quarters of hours, read works of invention, wit and humor, of the best, and not of trivial authors, either ancient or modern.
Religious propagandism is a right and a duty, because religion is catholic and of universal obligation; and so is the jus gentium of the Romans, which is only the application to individuals and nations of the great principles of natural justice; but no political propagandism is ever allowable, because no one form of government is catholic in its nature, or of universal obligation.
But then, while the Jus Gentium had little or no antecedent credit at Rome, the theory of a Law of Nature came in surrounded with all the prestige of philosophical authority, and invested with the charms of association with an elder and more blissful condition of the race.
The Consensual Contracts had, moreover, been classed in the Jus Gentium, and it was not long before this classification drew with it the inference that they were the species of agreement which represented the engagements approved of by Nature and included in her code. This point once reached, we are prepared for several celebrated doctrines and distinctions of the Roman lawyers.
Stoicism became the 'established' philosophy of Rome, and Roman lawyers well-nigh identified the 'ius gentium' with the ideal law of nature, describing it as that which natural reason has established among all men. Yet for at least one of the great classical lawyers, whose words have been enshrined in Justinian's legislation, the identification was incomplete.
"Sir, sir," said the Presbyterian, hastily, "all this hath a fair sound; but I would you should think what a fine country and church we are like to have of it, amidst the errors, blasphemies, and schisms, which are daily introduced into the church and kingdom of England, so that worthy Master Edwards, in his Gangrena, declareth, that our native country is about to become the very sink and cess-pool of all schisms, heresies, blasphemies, and confusions, as the army of Hannibal was said to be the refuse of all nations Colluvies omnium gentium.
But at the same time it was carefully explained that this Lex Naturae was not absolutely inviolable, for its more accurate description was Lex or Jus Gentium.
And albeit I have not with me a trumpet, or a white flag, in respect our army is not yet equipped with its full appointments, yet the honourable cavaliers and your lordship must concede unto me, that the sanctity of an envoy who cometh on matter of truth or parle, consisteth not in the fanfare of a trumpet, whilk is but a sound, or in the flap of a white flag, whilk is but an old rag in itself, but in the confidence reposed by the party sending, and the party sent, in the honour of those to whom the message is to be carried, and their full reliance that they will respect the JUS GENTIUM, as weel as the law of arms, in the person of the commissionate."
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