[FOOTNOTES]

[1] The eighth Section is omitted, the greater part of it consisting of verbal criticism upon Aristotle's notions of geometrical and arithmetical justice; a discussion no way conducive to that clearness and simplicity, so necessary to every didactic treatise.—Translator.

[2] The law, by its silence, permits those acts, which it does not prohibit. Thus many acts, if they are not evil in themselves, are no offence, till the law has made them such. Of this kind are many acts, such as exporting gold, or importing certain articles of trade; doing certain actions, or following certain callings, without the requisite qualifications, which are made punishable offences by the Statute-Law. Those actions, before the prohibition was enjoined by the law, came under the class of what Grotius calls permissions.

[3] By moral necessity is meant nothing more than that the Laws of Nature must always bind us.

[4] To explain the meaning of Grotius in this place, recourse must be had to first principles. Thus the law of nature authorizing self-defence in its fullest extent, the laws of nations, which authorize war for the same purpose, cannot be repugnant to it.

[5] The Law of England on homicide excusable by self-defence, will throw light on the sentiments of Grotius in this place. "The law requires, that the person who kills another in his own defence, should have retreated as far as he conveniently or safely can, to avoid the violence of the assault, before he turns upon his assailant; and that, not fictitiously, or in order to watch his opportunity, but from a real tenderness of shedding his brother's blood. And though it may be cowardice, in time of war, between two independent nations, to flee from our enemy; yet between two fellow subjects the law countenances no such point of honour; because the king and his courts are the vindices injuriarum, and will give to the party wronged all the satisfaction he deserves. And this is the doctrine of universal justice, as well as of the municipal law."—Blackstone's Com. vol. 4, chap. 14.

[6] The author here alludes to the defilement or uncleanness which the ancients thought was contracted by touching a man, who had killed another, even innocently and lawfully.—Barbeyrac.

[7] The remainder of this section is omitted, Grotius himself stating it to be only a repetition and enlargement of his arguments immediately preceding it. (Translator.)

[8] Grotius does not vouch for the truth of this assertion, but only quotes the passage to shew there were Christians in the army of Marcus Aurelius.