the grandeur of the original structure and the beauty of its architecture; and the value of what remains only increases our regret for what is irrecoverably lost.1

Third Period-From the Fall of the Roman Empire to the Beginning of the Reformation.

§ 7. After the fall of the Roman Empire, many cities still preserved their municipal constitutions, and the jus gentium, in connection with the jus civile, into which many of its principles had become incorporated, continued to be practised to a limited extent, both in Italy and the provinces. Some have attempted to trace its influence upon the institutions and history of the different European nations, even through the darkest ages of human learning; it must, however, be admitted that this influence was not very marked in any case, and was by no means general. But on the restoration of the western empire under Charlemagne, the study of the Roman civil law (and with it the jus gentium) was revived, and its professors were frequently employed in diplomatic missions, and as arbiters in disputes which arose between different cities and States.

§ 8. The origin of the law of nations in modern Europe has been traced to two principal sources,-the canon law, and the Roman civil law. It was founded, says Wheaton, mainly upon the following circumstances: 'First, The union of the Latin Church under one spiritual head, whose authority was often invoked as the supreme arbiter between sovereigns and between nations. Under the auspices of Pope Gregory IX., the canon law was reduced into a code, which served as the rule to guide the decisions of the Church in public as well as private controversies. Second, The revival of the study of the Roman law, and the adoption of this system of jurisprudence by nearly all the nations of Christendom, either as the basis of their municipal code, or as subsidiary to the local legislation of each country.'

9. On the formation and consolidation of the Christian government in modern times by Charlemagne, the human mind began to recover from its torpor, and art, science, and

1 Hallam, Literature of Europe, vol. i. pp. 1, 2; Schlegel, Philosophy of History, lec. x.; Gibbon, Decline and Fall of the Roman Empire; Garden, De la Diplomatie, pt. 1.

learning sprung up out of the ruins of the ancient world. The Church had constituted a kind of bridge, spanning the chaotic gulf which separated declining antiquity from modern civilisation. The effects which this change produced upon international relations, and public law in general, may be traced in the lives of such rulers as Charlemagne, the pious King Alfred, King Stephen of Hungary, Rodolph of Hapsburg, and St. Louis of France.

The power which the Bishop of Rome obtained, by his spiritual influence, first over the minds, and afterwards over the temporalities of Christian princes, did much for the civilisation of Europe by the restoration and preservation of peace,1 and by restraining the ambitious and crafty from despoiling their neighbours. But the subsequent usurpations and tyranny of the Supreme Pontiff had well nigh destroyed the very foundation of international jurisprudence, by reducing each individual state to an absolute dependence, in all things, upon the Papal will. The structure which Christianity had rebuilt from the ruins of antiquity, was about to be pulled down by the very hands which had contributed most to its erection.2 +

Fourth Period.-From the Beginning of the Reformation to the Peace of Westphalia.

§ 10. The Reformation began to produce its effects upon the minds of men sometime prior to the advent of Luther. Its effects were by no means confined to articles of religious

1 Thus, it was decreed by the Synod of Rossillon, in 1027, that none should attack his enemy between the nones of Saturday and the primes of Monday. The Frera or Treuga Dei (Truce of God) was proposed, by the Bishop of Aquitaine, in 1032. This truce was to begin on every Wednesday at sunset, and to last till the following Monday at sunrise, to continue from Advent to the octaves of Epiphany, and from Quinquagesima Sunday to the octaves of Easter; if any person broke this truce, and refused to give satisfaction after the third admonition, the bishop of the diocese was to excommunicate him, neither was any bishop to admit the excommunicated person into communion, under the penalty of deprivation. It was confirmed by many Councils, and especially by the Lateran Council in 1179. Some of the regulations were even extended to England, inasmuch as Wednesday and Friday were days set apart for keeping peace. Further, in the beginning of the twelfth century, Gerohus wrote a treatise, suggesting a theory of perpetual pacification, by which (inter alia) all disputes among Christian princes were to be referred to the arbitration of the Pope, and any prince refusing to obey the decision, was to be subject to excommunication, and to have war waged against him by all the other princes of Christendom.

2

* Laurent, Droit des Gens, tome v.; Ward, Law of Nations, vol. ii.

faith. A greater theological liberty was its immediate object, but this was intimately allied with political freedom; and these two necessarily caused a great change in the law of nations. The different States of Europe were ranged under different standards, and each party was united by a kind of common cause. Moreover, the separate members of each of the contending masses were bound together by principle or interest, rather than by any recognised paramount authority, 'for even the Catholic States soon ceased to render full obedience to Papal supremacy in matters purely temporal. This necessarily led to the independence of sovereign States, the true basis of international jurisprudence. The impulse which had been given to this subject by the canon law was gradually dying away, and the infant science was likely to be smothered and lost by Papal dictation and tyranny, when the more liberal nations, engendered by the Reformation, rescued it from destruction and placed it upon a more sure and firm foundation. Its progress was thenceforth both certain and rapid.

§ 11. Mr. Ward, in his Enquiry into the Foundation and History of the Law of Nations in Europe from the time of the Greeks and Romans to the age of Grotius,' has pointed out and discussed the influence of Christianity and of the ecclesiastical establishments, in laying the foundation and developing the principles of this branch of jurisprudence. He has also called attention to the obstacles placed in the way of its progress by religious intolerance, and the absurd and dangerous pretensions of the Popes to decide and determine, not only international disputes, but all questions relating to temporal matters connected with the government of independent States, and the effects of the Reformation in establishing more liberal principles. Nor has he failed to notice the influence of the Roman law, of the feudal system, of chivalry, of treaties and conventions, and last, though not least, of those twin giants of modern civilisation-Commerce pp. 6-11; Schlegel, Philosophy of History, lec. 15; Manning, Law of Nations, pp. 10, 11; Garden, De la Diplomatie, pt. 1.; Mackintosh, Miscell. Works, p. 165; Wheaton, Elem. Internat. Law, pref. to 3rd ed.

1 It should be noticed that the interference in international disputes and in temporal matters, here spoken of, resulted from the personal opinions of certain of the Popes, with the consensus of the whole of Christendom, at certain epochs. It was never a matter of doctrine. See also remarks of Pope Urban VIII., State Paper Office, Italy, 1641–42.

and Trade, and the maritime and commercial laws resulting from the increased intercourse between the people of different cities and countries.1

12. The Rhodians were probably among the first to adopt a regular system of laws and regulations relating to maritime trade. The compilation, known under the names of Rhodian Laws, and Maritime Laws of the Rhodians, was probably not intended merely for the Island of Rhodes, or for the inhabitants of the Ægean Sea, but is rather a collection of maritime usages adopted at different periods and intended for different purposes. Some of them, perhaps, preceded the later maritime laws of Rome and of the eastern empire. Such at least is the opinion of Pardessus. Next to the Rhodian laws are those found existing in the countries of the east conquered by the crusaders. These have been collected and translated by Pardessus. Next in importance we may mention the collection known as the Rooles or Fugemens d'Oléron. This collection of maritime customs or laws was prepared under the direction of Queen Elenor, Duchess of Guienne, and named from her favourite island, Oléron. Some say it was prepared and first promulgated by her son, Richard I., Duke of Guienne and King of England. By whomsoever prepared, it was probably intended to serve as a maritime code for the western sea only. Next in order, Pardessus describes the collection called Jugemens de Damme, or Lois de Westcapelle, which is a compilation of the maritime customs of that part of Europe known at different periods as Belgium, LowerGermany, Netherlands, Flanders, Holland, the United Provinces, etc. The maritime usages or laws known as the Coutumes d'Amsterdam, Laws of Antwerp, etc., were probably intended exclusively for the northern portion of the Netherlands, and for the navigation of the Baltic and the Sound. The collection known as Leges Wisbuenses, or Maritime Law of Wisbuy, is supposed to contain the ordinances made by the merchants and masters of the town of Wisbuy, a city in the Island of Gottland, in Sweden, once a place of great commerical importance, but now in ruins. They were adopted by the Swedes and Danes, and probably regarded as authority by all the people beyond the Rhine. Many have considered

1 Ward, Law of Nations; Fabrot, Basilica, tom. vi. p. 647; Manning, Law of Nations, p. 11.

the Laws of Wisbuy as an older compilation than the Rooles d'Oléron.1

13. The Consolato del Mare is one of the most curious and venerable monuments of early maritime jurisprudence. Some have given it a very early date, and suppose it to contain the maritime laws and usages of the Greek emperors and of the States and cities bordering on the Mediterranean and adjacent waters. They say it was adopted at Rome as early as 1075, but the researches of Pardessus and others have shown that its origin is much more modern. The first edition which can now be traced was published at Barcelona in 1494. It is regarded by critics as a record of customs rather than an authoritative code of one or more nations. It embraces not only elementary rules for the construction of civil contracts relating to trade and navigation, but also the leading principles then recognised as governing the maritime rights of belligerents and neutrals in time of war. Chapter two hundred and seventy-three of the Consolato contains many of the materials of the French Maritime Ordonnance of 1681, and many of its provisions and precepts are still referred to by writers on international law and by judges of Admiralty and prize-courts.

The Guidon de la Mer is supposed to have been composed for the benefit of the merchant traders of the city of Rouen, but the name of its author, and the date of its first publication, have not been preserved. It is commented on in Cleirac's work, entitled Les Us et Coutumes de la Mer, which was published in 1647. Some of the maritime laws of France are supposed to have been first enacted at a very early period, but there is much difficulty in ascertaining their exact dates. Many of them are incorporated into the celebrated Ordonnance de la Marine of Louis XIV., published in 1681. From this we date the modern system of maritime and commercial law.2

§ 14. The most noted writers, prior to Grotius, on matters connected with international law, were Macchiavelli,

1 Selden, De Dominio Maris, cap. xxiv.; Azuni, Droit Maritime, tom. i. ch. iv.; Story, Miscellaneous Writings, p. 100; Pardessus, Us et Coutumes de la Mer, tom. i. caps. v.-xi.

2 Emerigon, Traité des Assurances, pref.; Cleirac, Les Us et Coutumes de la Mer, p. 2 et seq.; Boulay-Paty, Droit Com. Mar., tom. i. pp. 59-82.

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