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A complete revolution in his ideas was required before it could challenge his respect, but so complete was it when it did occur, that the true reason why our modern estimate of the Jus Gentium differs from that which has just been described, is that both modern jurisprudence and modern philosophy have inherited the matured views of the later jurisconsults on this subject.
The knowledge of the natural law has been transmitted from Adam to us through two channels reason, which is in every man, and in immediate relation with the Creator, and the traditions of the primitive instruction embodied in language and what the Romans call jus gentium, or law common to all civilized nations.
It would result from this review of the linguistic facts and other ethnic indications, that the Chaldaeans were not a pure, but a very mixed people. Like the Romans in ancient and the English in modern Europe, they were a "colluvio gentium omnium," a union of various races between which there was marked and violent contrast.
In brutis enim cum nulla sit ratio, igitur nec ullum jus esse potest. Aquinas also showeth that beasts are not properly governed by the law of nature, because lex is aliquid rationis. Wherefore they err who would make the law of nature to differ in kind from jus gentium, which natural reason hath taught to all nations. For this law of nations per se speciem non facit, as saith Mynsingerus.
Or it may be, we should infer that the races which we were comparing had once obeyed a great system of common institutions of which the Jus Gentium was the reproduction, and that the complicated usages of separate commonwealths were only corruptions and depravations of the simpler ordinances which had once regulated their primitive state.
Such language as this last example is, of course, the exclamation of the orator rather than the deliberate judgment of the philosopher, but taken in connection with the other passages cited it will indicate how strong a hold this conviction had on the Fathers, and will anticipate, to some extent, what we shall have to say later as to the use of the Argumentum e Consensu Gentium.
"Ah! that is an entirely novel jus gentium," he exclaimed; "an exceedingly funny jus gentium. My friend, let me embrace you; you are a glorious fellow!" With open arms he approached Gentz and pressed him tenderly, laughing all the while, to his heart. Gentz was unable to withstand this kindness and this laughter, and suddenly forgetting his anger, he boisterously joined his friend's mirth.
Haec in commune de omnium Germanorum origine ac moribus accepimus: nunc singularum gentium instituta ritusque, quatenus differant, quae nationes e Germania in Gallias commigraverint, expediam. XXVIII. Validiores olim Gallorum res fuisse, summus auctorum divus Julius tradit: eoque credibile est etiam Gallos in Germaniam transgressos.
It therefore was never able to assign any solid basis to international law, and gave it only a conventional or customary authority, thus leaving the jus gentium, which it recognized in deed, without any real foundation in the constitution of things, or authority in the real world.
"Not for your kindness, my lord," replied Dalgetty: "but first, to teach your lordship the JUS GENTIUM towards cavaliers who come to you under safe-conduct; and secondly, to warn you of the danger of proposing dishonourable terms to any worthy soldado, in order to tempt him to become false to his standard during the term of his service."
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