ABSTRACT

In most questions of weight and difficulty concerning the right of war, or peace, or supreme power, H. Grotius hath recourse to the law of nature, or of nations, or to the primitive will of those men who first-joined in society. Civilians, canonists, politicians and divines, are not a little perplexed in distinguishing between the law of nature and the law or nations: about jus naturae, and jus gentium, there is much dispute by such as handle the original of government, and of property and community. The like which Grotius saith of succession may be said of war. 'Succession is no title of a kingdom, which gives a form to the kingdom, but a continuation of the old, for the right which began by the election of the family, is continued by succession, wherefore so much as the first election gave, so much the succession brings'.