Note 107 In strict philosophy, a limitation of the rights of war seems to imply nonsense and contradiction. Grotius himself is lost in an idle distinction between the jus naturae and the jus gentium, between poison and infection. He balances in one scale the passages of Homer (Odyss. A 259, &c.) and Florus, (l. ii. c. 20, No. 7, ult.;) and in the other, the examples of Solon (Pausanias, l. x. c. 37) and Belisarius. See his great work De Jure Belli et Pacis, (l. iii. c. 4, s. 15, 16, 17, and in Barbeyrac's version, tom. ii. p. 257, &c.) Yet I can understand the benefit and validity of an agreement, tacit or express, mutually to abstain from certain modes of hostility. See the Amphictyonic oath in Aeschines, de falsa Legatione.]

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The History Of The Decline And Fall Of The Roman Empire —Fall In The East —Chapter 41