[Footnote 74: See Pollock in _The Journal of the Society of Comparative Legislation_, New Series, III. (1901), p. 206.]
Grotius's influence was soon enormous and reached over the whole of Europe. His book[75] went through more than forty-five editions, and many translations have been published.
[Footnote 75: See Rivier in Holtzendorff, I. p. 412. The last English translation is that of 1854 by William Whewell.]
§ 54. But the modern Law of Nations has another, though minor, founder besides Grotius, and this is an Englishman, Richard Zouche[76] (1590-1660), Professor of Civil Law at Oxford and a Judge of the Admiralty Court. A prolific writer, the book through which he acquired the title of "Second founder of the Law of Nations," appeared in 1650 and bears the title: "Juris et judicii fecialis, sive juris inter gentes, et quaestionum de eodem explicatio, qua, quae ad pacem et bellum inter diversos principes aut populos spectant, ex praecipuis historico jure peritis exhibentur." This little book has rightly been called the first manual of the _positive_ Law of Nations. The standpoint of Zouche is totally different from that of Grotius in so far as, according to him, the customary Law of Nations is the most important part of that law, although, as a child of his time, he does not at all deny the existence of a natural Law of Nations. It must be specially mentioned that Zouche is the first who used the term _jus inter gentes_ for that new branch of law. Grotius knew very well and says that the Law of Nations is a law _between_ the States, but he called it _jus gentium_, and it is due to his influence that until Bentham nobody called the Law of Nations _Inter_national Law.
[Footnote 76: See Phillipson in _The Journal of the Society of Comparative Legislation_, New Series, IX. (1908), pp. 281-304.]
The distinction between the natural Law of Nations, chiefly treated by Grotius, and the customary or voluntary Law of Nations, chiefly treated by Zouche,[77] gave rise in the seventeenth and eighteenth centuries to three different schools[78] of writers on the Law of Nations--namely, the "Naturalists," the "Positivists," and the "Grotians."
[Footnote 77: It should be mentioned that already before Zouche, another Englishman, John Selden, in his "De jure naturali et gentium secundum disciplinam ebraeorum" (1640), recognised the importance of the positive Law of Nations. The successor of Zouche as a Judge of the Admiralty Court, Sir Leoline Jenkins (1625-1684), ought also to be mentioned. His opinions concerning questions of maritime law, and in especial prize law, were of the greatest importance for the development of maritime international law. See Wynne, "Life of Sir Leoline Jenkins," 2 vols. (1740).]