1. New Cambridge Modern History, vol. 1, 5.
2. Richard. Bonney, The European Dynastic States, 1494 – 1660 (Oxford University Press, 1991), 81.
3. Ibid.
4. New Cambridge Modern History, vol. 2, 7.
5. Wilbur K. Jordan, The Development of Religious Toleration in England, vol. 1 (P. Smith, 1965), 37.
6. See Ben S. Trotter, “War and Government in the French Provinces: Picardy, 1470 – 1560,” a review of David Potter's book of this title in The Historian 57 (Autumn 1994): 183. Potter “contends that the Hundred Years War and the Wars of Religion, seemingly motivated by issues more lofty than dynastic concerns, have eclipsed the role which the Habsburg-Valois Wars played in the development of absolute monarchy, particularly its military, administrative, and financial institutions.”
7. Ronald A. Brand, “External Sovereignty and International Law,” Fordham International Law Journal 18 (May 1995): 1688.
8. Bull and Watson, 15.
9. See Part II of Book I of the present work.
10. The Sea of Faith / Was once, too, at the full, and round earth's shore / Lay like the folds of a bright girdle furl'd.” Matthew Arnold, “Dover Beach,” in The Norton Anthology of English Literature (Norton, 1974), 1355.
11. Adam Watson, “European International Society and Its Expansion,” in The Expansion of International Society (ed. H. Bull and A. Watson) (Oxford, 1984), 15.
12. See S. Schumann, “Joachim Mynsinger von Frundeck: Humanist-Rechtgelehrter-Politiker (1514 – 1588),” Archiv fur Kulturgeschichte 1980 – 1981, 62 – 63, 159 – 193, arguing that “the stable period between the Peace of Augsburg and the outbreak of the Thirty Years War allowed the development of consolidated territorial states run for princes by bureaucrats drawn largely from a mostly bourgeois educated elite.”
13. Judith Brown, “Courtiers and Christians: the First Japanese Emissaries to Europe,” Renaissance Quarterly 47 (Winter 1994): 872.
14. Ibid.
15. Benedict Kingsbury and Adam Roberts, “Introduction to Hugo Grotius and International Relations,” Hugo Grotius and International Relations, ed. Hedley Bull, Benedict Kingsbury, and Adam Roberts (Oxford University Press, 1992), 8.
16. Political Writings, Francisco de Vitoria, ed. Anthony Pagden and Jeremy Lawrence (Cambridge University Press, 1991): “The origin of public international law dates to Father Francisco de Vitoria and his studies of sovereign rights to claim and colonize the New World.” See also “The International Community According to Francisco de Vitoria,” The Thomist 10 (January 1947): 1 – 55.
17. See J. Verhoeven's essay in Actualité de la Pensée Juridique de Francisco de Vitoria, ed. A. Truyol y Serra, H. Mechoulan, P. Haggenmacher. A. Ortiz-Arce, P. M. Marine, and J. Verhoeven (Bruylant, 1988), reviewed by R. Beenstra, American Journal of International Law 86 (1992): 181.
18. Alice J. Knight, Las Casas: “The Apostle of the Indies” (Neale, 1917); Francis A. McNutt, Bartholomew de las Casas: His Life, His Apostolate, and His Writings (Putnam, 1909); both cited by Nussbaum, n. 12, 310.
19. Vitoria, De Indis Recenter Inventis, II, i – vii.
20. In the heresy proceeding against Erasmus, Vitoria, as the representative of the Inquisition, judged the great humanist guilty though many of Vitoria's colleagues attempted to dissuade him. Nussbaum, 63.
21. Vitoria, Relectio de Jure Belli, XIII. “Having suffered a wrong is the one and only just basis for war.”
22. Compare James L. Brierly, “Suarez's Vision of a World Community” and “The Realization Today of Suarez's World Community,” in The Basis of Obligation in International Law and Other Papers, ed. Hersch Lauterpacht and C.H.M. Waldock (Oxford: Clarendon Press, 1958).
23. Francisco Suarez, De Legibus ac Deo Legislatore, II.xix.9.
24. See e.g., Cornelius F. Murphy, Jr., “The Grotian Vision of World Order,” American Journal of International Law 76 (July 1982): 496 – 497.
25. Francisco Suarez, Selections from Three Works, vol. 2, ed. Carnegie, trans. Gwladys Williams, Ammi Brown, and John Waldron (Clarendon Press, 1944), 817.
27. P. Haggenmacher, “Grotius and Gentili,” in Kingsbury and Roberts, 140. This is Haggenmacher's translation of a letter from Gentili to his friend John Bennett; see Holland, “Alberico Gentili,” appendix no. 4, 29–30; see also Gesina H. J. van der Molen, Alberico Gentili (A. W. Sijthoff, 1968), 53.
28. “[A]nd thus paradoxically the Protestant refugee had come to side with the main Catholic power against the country which was steadily becoming a bastion of Calvinism.” Haggenmacher, 141; see also Nussbaum, saying that Gentili's acceptance of this role was “a somewhat puzzling step for a Protestant refugee to take.” Nussbaum, 76.
29. Alberico Gentili, De Jure Belli Libri Tres, vol. 2, ed. Carnegie, trans. John C. Rolfe (Clarendon Press, 1933), 1612, paragraph 609.
30. Compare TAN 141. This conclusion is at variance with that drawn by Francis I also on the juridical basis that the State is distinguishable from the prince. Either conclusion is reasonable; what is interesting is the shared premise.
31. See Theodor Meron, “The Authority to Make Treaties in the Late Middle Ages,” American Journal of International Law 89 (January 1995): 14.
32. “There remains now the one question concerning an honorable cause for waging war… which is undertaken for no private reason of our own, but for the common interest and in behalf of others. Look you, if men clearly sin against the laws of nature and mankind, I believe that any one whatsoever may check such men by force of arms.” Quoted by Meron, 114.
33. Nussbaum 84.
34. Nussbaum, 79.