[9] By the Silanian decree of the Senate, it was ordered that if a master happened to be murdered in his own house, all the slaves under the same roof should be put to death; even though no proof appeared of their being concerned in the murder. We have an example of the case in Tacitus. Annal. v. xiv. ch. xlii. The Emperor Adrian softened the rigour of that decree, by ordering that only they should be exposed to the rack, who were near enough to have heard some noise. Spartian, Life of Adrian, ch. xviii.
[10] As Grotius has so fully established his argument, it is unnecessary to review his answer to further objections.—(Translator.)
[11] As the topics of the third section have been so fully stated in the second chapter, that section has been omitted, and the translation goes on from the second of the original to the fourth. (Translator.)
[12] In case of rebellion, the subjects taken in arms, have no right to be treated as prisoners of war, but are liable to punishment as criminals.
[13] "Wrongs are divisible into two sorts or species, PRIVATE WRONGS, and PUBLIC WRONGS. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals, and are therefore frequently termed civil injuries; the latter are a breach and violation of public rights and duties which affect the whole community considered as a community, and are distinguished by the harsher appellation of crimes and misdemeanors."—Blackst. Com. b. iii. c. i.
[14] The translation proceeds from hence to the second book of the original, which seems to follow this part without any material break in the chain of argument: the intermediate sections relating to instances in the Roman Republic, which do not directly apply to the practice of modern governments.—Translator.
[15] The tenth section is omitted in the translation; as the subject of Christian forbearance of which it treats, has already been discussed in the preceeding book.—Translator.
[16] Sections XIII. XIV. and XV. of the original are omitted in the translation.—Translator.
[17] Actus aliquos, which literally signifies certain acts, may be rendered by the term incorporeal rights, which imply the right of ways, dignities, franchises, and many other personal privileges arising out of certain corporeal kinds of property.
[18] The words of Judge Blackstone will elucidate the meaning of Grotius in this place. The learned Commentator says, "There are some few things, which, notwithstanding the general introduction and continuance of property, must still unavoidably remain in common; being such wherein nothing but an usufructuary property is capable of being had: and therefore they still belong to the first occupant, during the time he holds possession of them, and no longer. Such (among others) are the elements of light, air, and water; which a man may occupy by means of his windows, his gardens, his mills, and other conveniences: such also are the generality of those animals which are said to be ferae naturae, or of a wild and untameable disposition: which any man may seise upon and keep for his own use or pleasure. All these things, so long as they remain in possession, every man has a right to enjoy without disturbance; but if once they escape from his custody, or he voluntarily abandons the use of them, they return to the common stock, and any man else has a right to seise and enjoy them afterwards."