arose, in the progress of ages, the positive law of nations, now known by the appellation of "Droit des gens moderne de l'Europe." But centuries passed away after the settlement of the northern nations, before this species of international law came to be recognised, among the great European kingdoms. Indeed as remarked by Dr Adam Smith, and as illustrated in the view we lately took, of the history of the private law of maritime commerce, the revival of civilization in the West took place, in an inverted order, and commenced with the rise of the small commercial republics, on the coasts of the Mediterranean. Accordingly the first rules of international law, appear to have originated, in the contests and wars, which the trading republics, of Venice, Genoa, Pisa and Florence, Marseilles, and Barcelona, particularly the Italian republics, carried on for ages, against each other; and the first traces of these rules, are to be found, in the record of the usages, of those republics, which were afterwards adopted by the greater European nations, on account of their wisdom, and equity.

These international usages of the middle ages, as recorded in the Consolato del Mare, we may probably consider more at length, in afterwards tracing the history of the maritime law of nations. At present we are investigating the cultivation of international law generally. And in this view, the industry of Von Ompteda has not been able, to discover any writer, on the subject, from the age of Justinian, during the period which elapsed from the sixth to the eleventh century, when the disorders produced by the successive invasions of the northern European nations, and also of the southern nations, from Africa and Asia, appear to have

been at the greatest height; nor even during the period, which elapsed, from the eleventh to the fifteenth century, inclusive. During both these periods, however, and particularly during the latter, although they produced no professed writers, on the subject, the international views, practice and usages of the European nations, underwent considerable changes; which are only to be studied in the chronicles of the times, and in international treaties and other state documents. To the elucidation of these changes, in the international usages of Europe, and their causes, Mr Ward has devoted the greater, and perhaps the more valuable part of the work which he published in 1795, "on the foundation and history of the law of nations in Europe, from the time of the Greeks and Romans, to the age of Grotius." And referring to that excellent and comparatively recent publication, we may merely glance at the principal causes of these progressive improvements, in the national intercourse of the European states.

The division of Europe by the northern nations, into so many independent kingdoms, principalities and states, though not contemplated by the authors of such division, tended, as already observed, to produce a state of things favourable to the growth and development of international law. The pure morality and mild precepts of the Christian religion, when once adopted by them, although the effect did not appear so early, or to such an extent, as might have been expected, could not fail to exert a salutary influence on the reciprocal conduct of nations, as well as of individuals. Nay, even some of what we have been accustomed to consider, as the abuses of Christianity, during the middle ages, such as

the absurd pretensions and exorbitant powers, actually exercised by the Popes and the higher clergy over the sovereigns of independent states, had, in one respect, rather a beneficial tendency, in as much as they promoted a systematic habit of intercourse among the rulers of the European nations. At the councils, held from time to time, by the Popes, the sovereigns in person, or by their ambassadors, the dignified clergy, the officers of state, some of the nobles, and many of the more influential classes of the different European nations, were accustomed to assemble in a sort of parliament, to deliberate upon matters of common interest. And whatever opinion we may entertain of the motives, which led to the Crusades, there can be no doubt, that while they enriched the trading republics of Italy, these expeditions to the Holy Land brought the European sovereigns, princes, nobles and people, more in contact with each other; promoted mutual acquaintance, and increased that habitual intercourse in commerce and otherwise, which required regulation.

The feudal system, as it is usually called, or the internal government of a people, constituted by the tenure of land for military services, descending in gradation, from the sovereign or king to the nobles and other great vassals, and from them downward, through a series of overlords to inferior vassals, was not likely, of itself, to improve the international law of Europe. And the right of private war, as it was termed, claimed by the feudal barons, or subordinate chieftains, although repressed for a time, by the enlightened and powerful genius of Charlemagne, continued, with that exception, to prevail during almost the whole of the period we

are now contemplating. At the same time, the similar, and common nature of the feudal government, established by the different European nations, led to an intercourse, which would not otherwise have existed. And the extravagant powers held to be vested in sovereign princes, and other great feudal superiors, over their vassals, although these vassals were themselves frequently sovereign princes, produced an interference, and reciprocal connexion, between independent kingdoms, in their respective internal concerns, which would not, otherwise, have taken place.

As shown, too, by Mr Ward, there arose out of, or at least, during, the prevalence of that system of government, an institution, which certainly had considerable influence, in restraining the fiercer passions, and softening the manners of the European warriors. We allude, to what is usually designated, by the term Chivalry. The different orders of knighthood, throughout the different European kingdoms, constituted a comparatively high-minded class of individuals, bound by a sense of honour, who detested and opposed all brutal ferocity, and disclaimed all low malice, and mean cruelty. And the diffusion of such sentiments behoved to influence, and did materially influence, the usages of war, and sometimes diminished, if it did not prevent, the effusion of human blood.

The intercourse among the different nations, into which Europe came to be divided, arising from the causes, to which we have just referred, led also to frequent conventions, or treaties, among these nations. These treaties were of various descriptions. Treaties of marriage were among the most important, both in the dis

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tribution,-in the union, or separation, of the territories, of which Europe is composed, and in the frequent and lasting wars, in which they involved nations. There were also treaties of sale or renunciation, of protection and of confederacy, which last connexion became so close, so permanent, and so powerful, in the case of the Hanseatic league, as, in a manner, to create for a considerable period, a sovereign state, composed of distant cities and towns. There were also treaties of common cause, auxiliary treaties, treaties of subsidy, and treaties for aiding the internal police of states. In the progress of time also, conventions for protecting and facilitating commerce became as important as, if not more important than, any others. And by these different treaties, or conventions, various points of otherwise doubtful right, came to be fixed among the different European states; such as particularly the rank and precedence of these states.

Amidst the almost total want of exposition, or illustration, from contemporaneous writers, during the long period which elapsed from the subversion of the Roman empire in the west, to the fifteenth century inclusive, the students of international law are much indebted to the ingenuity of Mr Ward, in exhibiting the meliorations which that law underwent, during that long period, from the influences of the internal institutions of these nations, or their reciprocal intercourse, and in pointing out the sources, from which such information is to be derived; namely, the treaties, conventions, and other State documents of these times, which have been preserved, and are collected by Leibnitz, Rymer, Muratori, Dumont, Rousset, and others. And, while it certainly