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INTRODUCTION.

SKETCH OF THE HISTORY OF THE LAW OF NATIONS IN
EUROPE FROM THE EARLIEST TIMES TO THE PEACE OF
WESTPHALIA, 1648.

THE laws or customs by which the mutual intercourse of European nations was regulated previous to the introduction of Christianity were founded on the prejudices which regarded the different races of men as natural enemies. With the ancient Greeks and Romans the terms Barbarian, Stranger, and Enemy were originally synonymous. Nothing but some positive compact exempted the persons of aliens from being doomed to slavery the moment they passed the bounds of one State and touched the confines of another. And though, according to the Roman law, in its more improved state, an alien with whose country the relations of friendship and hospitality did not exist, was not technically considered an enemy-hostis; yet his person might lawfully be enslaved, and his property confiscated, if found on the Roman territory.

During the

Internation

al law of the

ancient States

of Greece and Italy.

• Si cum gente aliqua, neque amicitiam, neque hospitium, neque fœdus amicitiæ causa factum habemus; hi hostes quidem non sunt; quod autem ex nostro ad eos pervenit, illorum fit: et liber noster ab eis captus, servus fit, et eorum. Idemque est si ab illis ad nos aliquid perveniat. Hoc quoque igitur casu, postliminium datum est. (Dig. 1. 49, t. 15, l. 5.)

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