International law; Natural law; War (International law)
VIII. As to the use of the caduceum, or staff with the figure of two
snakes twisted around it, which ambassadors carried, when they sued
for peace, it was a ceremony peculiar to the GREEKS, and not derived
from the GENERAL law of nations. The ROMANS in the same manner had
particular customs, such as using vervain in forming alliances,
throwing a bloody spear, as a declaration of war, renouncing all
former friendship and alliance at the expiration of thirty days, after
satisfaction had been demanded and refused, and again throwing another
spear. None of these PECULIAR customs ought to be confounded with the
GENERAL law of nations. For Arnobius informs us, that in his time many
of them had fallen into disuse, and even in the time of Varro some of
them were omitted. The third Punic war indeed was not declared till the
moment of its actual commencement.
IX. A declaration of war, made against a sovereign, includes not only
his own subjects, but all who are likely to become his associates, as
thereby they make themselves accessories in the war. And this is what
the modern lawyers mean, when they say that, in bidding defiance to
a Prince, we bid defiance to all his associates. For they give the
name of defiance to a declaration of war. By which is understood the
war carried on with the power against whom it has been declared. Thus
upon war being declared against Antiochus, there was no occasion for
a separate declaration against the Aetolians, who had openly joined
Antiochus. For, as the heralds in their answer justly observed, the
Aetolians had, by that act, voluntarily brought war upon themselves.
X. But if after the conclusion of such a war it should be deemed
expedient to attack any other nation or king for having furnished
supplies and assistance towards that war, a new declaration of war
will be necessary. For that nation or king is then to be considered,
not as an accessory, but as a principal enemy. And therefore it was
with reason said, that the war of Manlius against the Galatians, and
that of Caesar against Ariovistus, were not just wars according to the
law of nations. For war was made upon them not as accessories, but as
principals. So that for this purpose, as the law of nations would have
required a declaration, in the same manner the Roman law would have
required a new order of the Senate.
For on the motion being made for the war with Antiochus, the question
was also put, whether it should not at the same time be made with his
adherents. The same rule also being observed against King Perseus, it
must be understood, as including the adherents during all the time that
war with those princes continued; and implicating all, who in reality
gave them support.
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