International law; Natural law; War (International law)
And this is the meaning of what Pomponius says, that in a bargain and
sale, one man may NATURALLY overreach another: an allowance which is
not to be construed, as a right, but is only so far a permission, that
no legal remedy can be used against the person, who is determined to
insist upon the agreement.
In this place, as in many others, the word natural signifies nothing
more than what is received by general custom. In this sense the Apostle
Paul has said, that it is naturally disgraceful for a man to wear long
hair; a thing, in which there is nothing repugnant to nature, but which
is the general practice among some nations. Indeed many writers, both
sacred and profane, give the name of NATURAL to what is only CUSTOMARY
and HABITUAL.
CHAPTER XIII.
ON OATHS.
Efficacy of oaths among Pagans--Deliberation requisite in
oaths--The sense, in which oaths are understood to be taken, to
be adhered to--To be taken according to the usual meaning of the
words--The subject of them to be lawful--Not to counteract moral
obligations--In what sense oaths are an appeal to God--The purport
of oaths--To be faithfully observed in all cases--The controul
of sovereigns over the oaths of subjects--Observations on our
Saviour's prohibition of oaths--Forms substituted for oaths.
I. The sanctity of an oath with regard to promises, agreements, and
contracts, has always been held in the greatest esteem, in every age
and among every people. For as Sophocles has said in his Hippodamia,
"The soul is bound to greater caution by the addition of an oath. For
it guards us against two things, most to be avoided, the reproach of
friends, and the wrath of heaven." In addition to which the authority
of Cicero may be quoted, who says, our forefathers intended that an
oath should be the best security for sincerity of affirmation, and the
observance of good faith. "For, _as he observes in another place_,
there can be no stronger tie, to the fulfilment of our word and
promise, than an oath, which is a solemn appeal to the testimony of
God."
II. The next point, to be considered, is the original force and extent
of oaths.
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