weight with English judges and much influence upon the decisions of the British Courts of Admiralty. He was born in 1625, and died in 1684. Richard Cumberland was another English writer of great ability, noted rather as a philosopher than a lawyer. He was born in 1632, and died in 1719. His work, entitled 'De Legibus Naturalibus,' was published in 1672. Abraham de Wicquefort was born in Amsterdam, in 1598, and died in 1682. His work on the law of diplomacy, entitled 'L'Ambassadeur et ses Fonctions,' published a short time before his death, was a work of considerable merit. Samuel Rachel was born in 1628, and died in 1691. He was a professor in the university of Kiel, and afterward minister of the Duke of Holstein-Gottorp, at the Congress of Nimeguen. His work, entitled 'De Jure Naturæ et Gentium,' was published in 1676, and he was considered in Germany as the founder of a rival sect to Puffendorf. Baron Gottlieb Wilhelm Leibnitz was born at Leipsic in 1646, and died in 1716. He was the author of numerous works on philosophy and law, but left no complete treatise on international jurisprudence. His views on that subject are found scattered through his various publications and correspondence, and more particularly in his 'Codex Juris Gentium Diplomaticus,' published in 1693.

To the foregoing list other names scarcely less distinguished might be added; but our limits will permit the mention of only a few. Stypmannus published his 'Jus Maritimum' in 1652; Kuricke published his 'Jus Maritimum Hanseatium' and other tracts about 1667; and the 'De Navibus et Naulo' of Franciscus Roccus was first published at Naples in 1655. All the writings of Roccus are regarded as works of great merit. The first mentioned of his treatises has been translated into English by J. R. Ingersoll of Philadelphia, and was published in 1809. Leo von Aitzema is the author of a valuable chronological sketch of events from 1621 to 1668, continued by L. Sylvius to the peace of Ryswick, 1697. It is entitled 'Saken van Stæt en Oorlagh' (Matters of State and War). John Joachim Zentgravius, professor at Strasburg, wrote, about 1678, a work entitled 'De Origine, Veritate et Obligatione Juris Gentium,' in which he maintained, against Puffendorf, the existence of a positive law of nations. Several writers on civil law of this period have also discussed ques

tions of international jurisprudence, and especially cases of conflict of laws. Of these we may mention the 'Lois Civiles' of Domat, first published in 1687; 'Prælectiones Juris Civilis' of Huber, published in 1686-1699; and the 'Commentarius ad Pandectas' by the younger Voet (John), published in 1698. Wiseman's Excellence of the Civil Law' was published in London in 1686.

Sixth Period-From the Peace of Utrecht to the End of the Seven Years' War, 1713-1763.

§ 19. The peace of Utrecht was followed by the maritime war between England and Spain in 1739, which extended to France in 1744; by the continental war which grew out of the disputed question of the Austrian succession: the reigning houses of Bavaria, Saxony, Spain, Sardinia, and Prussia, on the death, in 1740, of Charles VI. (the last male descendant of the house of Hapsburg), all claimed, under various pretexts, the entire or considerable portions of the dominions which had so long been united under the Austrian sceptre; and by the Seven Years' War which Prussia waged against the combined forces of Austria, France, and Russia. This protracted and unequal struggle served to develop the military resources of Prussia and to display the brilliant genius of the Great Frederick. These wars were simultaneously terminated by the treaties of Paris and Hubertsburg in 1763.

§ 20. During this period the celebrated question of the Silesian loan gave rise to important discussions on topics of international law, more especially with reference to belligerent rights, and the effects of a declaration of war upon international obligations previously contracted. Great changes were also made during this period in the maritime laws of nations, as regulating their commercial intercourse both in peace and war. France approximated her maritime rules more nearly to those of the 'Consolato del Mare,' while Great Britain attempted to establish the doctrine which has since been denominated the 'Rule of 1756,' and, as subsequently extended and applied, the 'Rule of 1793,' of subjecting to capture in time of war any neutral commerce which is not open in time of peace. Many questions relating to precedency and etiquette and to the rights and privileges of public ministers, growing out of the increased intercourse of nations, were

also discussed during this period. However vain and frivolous some of these contests may now appear, they must, nevertheless, be regarded as evidence of an increasing respect for the equality and independence of sovereign States.1

§ 21. This period was prolific in writers on international law, or on questions intimately connected with this branch of public jurisprudence. Among the most distinguished of these writers we may mention the names of Bynkershoek, Wolfius, Vattel, Montesquieu, Heineccius, Barbeyrac, Mably, Emerigon, Valin, Burlamaqui, Pothier, Casaregis, Real, Rutherforth, Tindall, Hubner, Abreu, and Dumont.

Cornelius van Bynkershoek was born at Middelburg, in Zeeland, in 1673, and died in 1743. His treatise, entitled 'De Dominio Maris,' was first published in 1702, but the greater part of his works were written after the peace of Utrecht. His celebrated 'Quæstiones Juris Publici' were published in 1737. He was the most distinguished public jurist of his age, and his works are still referred to as authority on many points. It must be remarked, however, that he attempted to revive the ancient severities of war with respect to the person and property of an enemy, and this portion of his writings not only differs from Grotius, Puffendorf, and others who preceded him, but is rejected by nearly all who have followed him. Christian Frederick Wolf, or Wolfius, as he is usually called, was born at Breslau in 1679, and died in 1754. His treatise called 'Jus Gentium,' being an abridgment of his great work in nine volumes, was published in 1749. A French translation, by M. Formey, was published in 1758, under the title of 'Principes du droit de la Nature et des Gens.' He was the first to distinguish the law of nations from that part of natural jurisprudence which treats of the rights and duties of individuals. Emmer de Vattel was born in the principality of Neufchâte in 1714, and died in 1767. His treatise, 'Droit des Gens,' published in 1748, was based on the work of Wolfius, but was a great improvement on the original. Although justly characterized by Mackintosh as a 'diffuse, unscientific, but clear and liberal writer,' and although a large portion of his treatise on the law of nations is taken up with the discussion of questions which do not properly belong to the subject, he is never

1 See vol. ii. pp. 333-338; Lord Liverpool, Discourse, etc.; Martens Causes Célèbres du Droit des Gens, tom. ii.

theless referred to as an authority, even at the present day, by judges, diplomatists, and statesmen, more often, probably, than any other writer, not even excepting Grotius. The celebrated French philosopher, Baron Charles de Secondat Montesquieu, published his treatise, entitled 'L'Esprit des Lois,' the same year, 1748, that Vattel published his work on international law. He was born in 1689, and died in 1755. Johannes Gottlieb Heineccius was born at Eisenberg in 1680, and died in 1741. Mackintosh said he is 'the best writer of elementary books with which I am acquainted.' His work on international law, entitled 'Elementa Juris Naturæ et Gentium,' was first published in 1738. Jean Barbeyrac was born at Beziers, in 1674, and died in 1747. He is best known by his translations into French of the works of Grotius, Puffendorf, and Bynkershoek, to which he added very valuable notes. The Abbé Gabriel Bennot de Mably was born at Grenoble in 1709, and died in 1785. Being refused permission to publish in France, his treatise, entitled Droit Public de l'Europe,' first appeared in Holland in 1746. Balthazar Marie Emerigon was born in Provence in 1716, and died in 1784. Besides his great work on maritime law, entitled 'Traité des Assurances,' he wrote commentaries on parts of the Ordinances of 1681. René Josué Valin was born at Rochelle in 1695, and died in 1765. His Commentaire sur l'Ordonnance' was published in 1760, and his Traité des Prises' in 1763. J. J. Burlamaqui, an Italian by birth, and Professor of Natural and Civil Law at Geneva, published in 1747 his admirable elementary work, entitled 'Droit Naturel et Politique.' This work was republished in 1810, under the title of 'Principes du Droit de la Nature et des Gens,' with notes by De Felice and Dupin. Robert Joseph Pothier was born at Orleans in 1699, and died in 1772. He was the author of several law treatises which are of the highest authority, and has discussed some of the laws of war, and particularly those of maritime capture, in his Traité de Propriété.' J. L. Maria de Casaregis, author of a treatise on maritime law, entitled 'Discursus Legales de Commercio,' was born at Genoa in 1670, and died in 1737. Gaspard de Real's work, entitled 'La Science du Gouvernement,' the fifth volume of which treats on international law, was completed in 1764, though begun at a much earlier period. Thomas Rutherforth (born in 1712, and died in 1771), published in

London, in 1754, his commentaries on Grotius, entitled 'Institutes of Natural Law.' Mathew Tindall (born in 1657, and died in 1733) published his 'Essay concerning the Laws of Nations,' in London, in 1734. Martin Hubner (born in 1725, and died in 1795), published his Essai sur l'Histoire du Droit Naturel,' in London, in 1757, and his treatise, 'De la Saisie des Bâtimens Neutres,' at La Haye, in 1759. Joseph Antonio de Abreu y Bertodano published at Madrid, in 1740, his 'Colecion de los Tratados de Paz, Allianza, Neutralidad,' etc., beginning in 1598 and extending to 1700. A continuation of this work to 1736 was published in 1796. An abridgment was also published about that time, entitled 'Prontuario de los Tratados de Paz,' etc. Felix Joseph Abreu published at Cadiz, in 1746, a valuable treatise on prizes, entitled 'Tratado Juridico-Politico sobre las Presas.' A French translation of this work was published in 1758, and another in 1802, with notes by Bonnermain. A most valuable collection of treaties and diplomatic papers was made during this period by Jean Dumont, Baron de Carelscroon. The first four volumes of this work were published in 1726, under the title of 'Corps Diplomatique.' Dumont died in 1727, but four other volumes prepared by him were published after his death by Rousset, who subsequently added a supplement of several more volumes.

Seventh Period-From the Seven Years' War to the French

Revolution, 1763-1789.

§ 22. One of the most important events which occurred in the history of Europe, between the peace of Paris and Hubertsburg, 1763, and the French Revolution, 1789, was the partition of Poland, or rather the three partitions of that kingdom. The first of these was made in 1772, the second in 1793, and the third, by which the remaining territories of unfortunate Poland were absorbed by Austria, Prussia, and Russia, took place in 1795. The war of Bavarian succession, which occurred in 1778, was terminated by the peace of Teschen, under the mediation and guarantee of France and Russia, in 1779. This was followed by the mediation of France between the Emperor Joseph II., and the United Provinces, in the question of the free navigation of the river Scheldt, which was settled by the treaty of Fontainebleau, in 1785. In 1788