In each diocese there had arisen a judicature (judices pacis) to decide when the form had been broken; and an executive, or communitas pacis, had been formed to enforce the decisions of the judicature.
While still practising medicine he entered into relations with another master of Paris, the philosopher John of Jandun, who collaborated with him in the composition of the famous Defensor pacis (1324), one of the most extraordinary political and religious works which appeared during the 14th century.
The Defensor pacis, as its name implies, is a work intended to restore peace, as the most indispensable benefit of human society.
But the scandal provoked by his Defensor pacis, condemned by the court of Avignon in 1326, lasted much longer.
There are numerous manuscripts of the Defensor pacis extant.
Count Litzow in The Life and Times of Master John Hus (London and New York, 1909), pp. 5-9, gives a good abstract of the Defensor pacis and the relations of Marsilius to other precursors of the Reformation.
His services to his country are aptly epitomized in the epitaph on his ancient monument at Ringsted church which describes him as "Sclavorum dominator, patriae liberator et pacis conservator."
- We are told that the toga, the national garment of the Romans, was originally worn both by men and by women; and though the female dress of the Romans was in historical times essentially the same as that of the Greeks, young girls still wore the toga on festal occasions, as we see from the reliefs of the Ara Pacis Augustae.
The flamens are thus represented on the Ara Pacis Augustae.
The flamen on the Ara Pacis), and was also adorned with an ivory crescent (lunula).
The relief of the Ara Pacis already referred to) consisted in such a cap (galerus) with an apex, or spike, of olive wood inserted in the crown.
Finally, we find capitularies of the kings immediately following Clovis being gradually incorporated in the text of the lawe.g.'the Pactum pro tenore pacis of Childebert I.
He introduced in his church the primitive custom of the "osculum pacis" and the "agape" celebrated as a common meal with broth.
(1316-1334)1334) to control the election of the emperor called forth the first fundamental and critical attack on the papal monarchy, by Marsiglio of Padua, who declared in his Defensor pacis (1324) that the assumed supremacy of the bishop of Rome was without basis, since it was very doubtful if Peter was ever in Rome, and in any case there was no evidence that he had transmitted any exceptional prerogatives to succeeding bishops.
And to assert its absolute sovereignty (Defensor pacis, c. 1352); while the Franciscan William of Occam (d.
His most important work, Institutiones theologiae christianae, ad praxin pietatis et promotionem pacis f'christianae unite directae (Amsterdam, 1686, 5th ed., 1735), is a full and clear exposition of the system of Simon Episcopius and Stephan Curcellaeus.
Barbeyrac also translated Grotius's De Jure Belli et Pacis, Cumberland's De Legibus Naturae, and Pufendorf's smaller treatise De Officio Hominis et Civis.
The very name of his historic treatise, De jure belli ac pacis (1625), shows the subordination of peace to the main subject of war.
The Jus pacis was an addition introduced first in the later work, an insertion which is the cause of not a little of the confused arrangement which has been found fault with in the De jure belli.
In these circumstances the De jure belli et pacis was composed.
At the same time the rapid and remarkable success of Grotius's treatise (De jure belli et pacis) brought his view of Natural Right into prominence, and suggested such questions as - " What is man's ultimate reason for obeying these laws?
Among Whewell's other works - too numerous to mention - reference must be made to writings popular in their day, such as the Bridgewater Treatise on Astronomy (1833), and the essay, Of the Plurality of Worlds (1854), in which he argued against the probability of planetary life, and also to the Platonic Dialogues for English Readers (1859-1861), to the Lectures on the History of Moral Philosophy in England (1852), to the essay, Of a Liberal Education in General, with particular reference to the Leading Studies of the University of Cambridge (1845), to the important edition and abridged translation of Grotius, De jure belli et pacis (1853), and to the edition of the Mathematical Works of Isaac Barrow (1860).
But the church was thereby involved in a double conflict; for while on the one hand the Novatianist schism represents the puritan outcry against such laxity, on the other the martyrs (not indeed for the first time) claimed a position above church law, and gave trouble by issuing libelli pacis, i.e.
Reverting to the distinction in Roman law, Grotius and Pufendorf, with many others, treat protection as an instance of unequal treaties; that is, " when either the promises are unequal, or when either of the parties is obliged to harder conditions " (De jure belli et pacis, 1 C. 13.21; De jure naturae, 8.
The taking of oaths, the assigning of " conservatores pacis " and the giving of hostages are now obsolete, but revenue is mortgaged, territory is pledged, and treaties of guarantee are entered into for this purpose.
Grotius was a great jurist, and his De jure belli et pacis (Paris, 1625), though not the first attempt in modern times to ascertain the principles of jurisprudence, went far more fundamentally into the discussion than any one had done before him.