ciples is given this title." A (^osta eomments on ;7/o' luiturale cst "\’erv close to law is that which men do hv reason and right. Also, when we see brute animals so act, certainly in these we notice traces of this law: as in self-protection which by the iits gentium is permitted to men with a certain moderation, we sav the law is constituted bv reason, d'he same selfprotection nature ga\e to all animals, and skill in it... And this selfprotection men ha\e from nature itself in common with beasts: to which, howexer, natural reason sets a limit, and thus bit bx' bit it begins to depart from natural laxv. If x'ou subtract this limit, simple natural laxx remains, xvhich the first men xvho had not vet groxvn-up reason used..." Muretus on Omnin animaliir. "Respectfully notice, indeed, that there is no laxv in animals: for they lack reason xvithout xvhich laxx is not possible: and if there xvas laxx- in them they could cause a legal iniurx’, xvhich they canntit." Muretus then claims that some traits, nurturing of offspring, self-protection, are common to beasts and men, and continues: "This is called Jus uiitunilc. fhere are some other matters that, indeed, are obserx ed bx’ men xvith nature itself as guide, but of these there is no trace, ntit even the slightest, in brute animals. For e.xample: among all people legates are sacrosanct; he xvho bux's is compelled to pay the price, xvho sells to delixer the object.... fhese are referred to the us gentium because indeed thex’ are obserxed bx' all peoples; but of these no instance can be discerned in brute animals. But this Jusgentiumitself is called Jus nutunile. In fact there are x erx' fexv places in the laxv in xvhich Jus naturale is understood differently fromJusgentiion. d'he learned, hoxvever, make this distinction that natural laxv in one sense is called Secvmdarx’, in another Frimarx'. But this is both in x ain and inept..." No more need to be said, fhe ^/.rr/V/zrc.r deprix ed natural laxx of a moral presence, and opened the door to confusion. This might not 36
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