International law; Natural law; War (International law)
XIII. It would scarce have been necessary to refute the foolish opinion
of some, who have ascribed to the Roman Emperors dominion over the
most remote and unknown nations, if Bartolus, deemed a lawyer of the
first eminence, had not pronounced it heresy to deny those pretensions.
This opinion has been built upon the Roman Emperor's some times having
styled himself Sovereign of the whole world; a term which it was
not unusual for many people to apply to their own country. Thus in
the scriptures we find Judea frequently called the whole inhabited
earth; therefore when the Jews, in their proverbial expression, called
Jerusalem the centre of the world, nothing more is to be implied than
that it was situated in the middle of Judea.
As to the argument in favor of universal dominion from its being so
beneficial to mankind, it may be observed that all its advantages are
counterbalanced by still greater disadvantages. For as a ship may be
built too large to be conveniently managed, so an empire may be too
extensive in population and territory to be directed and governed
by one head. But granting the expediency of universal empire, that
expediency cannot give such a right, as can be acquired only by treaty
or conquest. There were many places formerly belonging to the Roman
Empire, over which the Emperor has at present no controul. For war,
treaty, or cession have made many changes, by which the rights of
territory have passed to other states or sovereign princes, and the
standards of different communities, whether kingdoms or commonwealths,
now wave in places, which the Roman Eagle once overshadowed with his
wings. These are losses and changes, that have been experienced by
other powers no less than that, which was once mistress of the world.
XIV. But there have been some, who have asserted the rights of the
church over unknown parts of the world, though the Apostle Paul
himself has expressly said that Christians were not to judge those
who were without the pale of their own community. And though the
right of judging, which belonged to the Apostles, might in some
cases apply to worldly concerns, yet in its general nature it was of
a celestial rather than an earthly kind--a judgment not exercised
by fire and sword, but by the word of God, proposed to all men and
adapted to their peculiar circumstances--a judgment exercised by
displaying or withholding the seals of divine grace, as it might be
most expedient--lastly, it was a judgment exercised in supernatural
punishments; in punishments proceeding from God, like the punishments
of Ananias, Elymas, Hymenaeus, and others.
Public-domain text, read in full here on John Shaqi.
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