THE SHIELD OF ACHILLES (148 page)

6
. Cf. Paul Rice Doolin,
The Fronde
(Cambridge, Mass.: Harvard University Press, 1935).

7
. Randle,
The Origins of Peace
(New York: Free Press, 1973) 46 – 47; A transformation occurs when one ordering principle replaces another. A constitution embodies ordering principles so a transformation of the society of states occurs when a new constitution of that society replaces the old.

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.

26
. See plates on p.
346
.

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.

1
. See memorandum to Louis XIII of January 1629, quoted in
New Cambridge Modern History
, vol. 4, 328.

2
. Henry J. Chaytor,
European History: Great Leaders and Landmarks from Early to Modern Times
, vol. 3 (Gresham Publishing, 1915), 113.

3
. As Randle observed in his monumental study of European wars and peace agreements, “The European order collapsed in the Franco-Dutch war in 1678. It did so again in 1683 with a general European war that lasted 17 years, in 1701 in the War of Spanish Succession, in 1740 in the War of Austrian Succession, and again in the Seven Years War (1756 – 1763)… In the settlements that ended all these major wars, Westphalia was approved and incorporated by reference.” Randle, 70.

4
.
New Cambridge Modern History
, vol. 4, 352.

5
. Which was reflected in the name chosen in Philadelphia for the new American consti-tutional entity, the “United
States
,” just as the new name that emerged from the Bolshevik Revolution—the Union of Soviet Socialist Republics—reflected a new constitutional order.

6
. Sweden had refused a Danish offer to mediate. Swedish suspicion was not without foundation: see the instructions of the Danish government to its delegates in Andreas Osiander,
The States System of Europe 1640 – 1990: Peacemaking and the Conditions of International Stability
(Oxford University Press, 1994), 18.

7
. Ibid., 21.

8
. Ibid., 19. In 1649 Christina commissioned a dramatic play entitled
La naissance de la paix
, with a book by Descartes, who had come to Stockholm and wished to honor his patroness.

9
. Ibid., 26.

10
. Report to Oxenstierna, quoted by Osiander, 29.

11
. The French delegates reported to Mazarin that the “disposition of the princes of Germany… is very different from that of the princes of Italy, the latter, being very intelligent and well-advised, approving of, and wishing for, everything that may contribute to make them independent while [the German princes] are much more affected by the love of their fatherland [
beaucoup plus touchés de l' amour de leur patrie
] and cannot approve of foreigners dismembering the Empire, no matter what hope of a gain we hold out to them.” D’Avaux and Servien to Mazarin, January 14, 1645, quoted by Osiander, 38.

12
. Bearing in mind, as the reader must, that the emperor wore two constitutional hats, as it were: his kingship, which was derived by heredity over certain Habsburg lands, and his emperorship, which was his by the vote of the Imperial electors.

13
. Randle,
The Origins of Peace
, 332.

14
. Ibid., 54.

15
. Osiander uncharacteristically overstates this revision, however, by saying that “the six-teenth century maxim of
cuius regio, eius religio
… was abandoned” and sharply reproves Holsti, McKay, and others for “serious factual errors” in maintaining otherwise. It is true that it is a common error to treat Westphalia as the agreement that introduced the “
cuius
” provision, but this principle was embraced, not abandoned, in the Westphalian settlement.

16
. Karsten Ruppert,
Die Kaiserliche Politik auf dem Westflischen Friedenskongreβ (1643 – 1648)
(Aschendorff: 1979), 229, cited by Osiander, 48.

17
. As Leo Gross wrote in the most authoritative legal commentary on the treaty, West-phalia was “a public act of disregard for… the papacy” that “liquidat[ed], with a degree of apparent finality the idea of the Middle Ages as an objective order of things personified by the Emperor in the Secular realm.” Gross, 37.

18
. Osiander, 51.

19
. Ibid., 68.

20
. Randle,
Issues in the History of International Relations
, 53.