Note 5 — Chapter I

The Law of England on homicide excusable by self-defence, will throw light on the sentiments of Grotius in this place. "The law requires, that the person who kills another in his own defence, should have retreated as far as he conveniently or safely can, to avoid the violence of the assault, before he turns upon his assailant; and that, not fictitiously, or in order to watch his opportunity, but from a real tenderness of shedding his brother's blood. And though it may be cowardice, in time of war, between two independent nations, to flee from our enemy; yet between two fellow subjects the law countenances no such point of honour; because the king and his courts are the vindices injuriarum, and will give to the party wronged all the satisfaction he deserves. And this is the doctrine of universal justice, as well as of the municipal law."—Blackstone's Com. vol. 4, chap. 14.