Cornell University Library 
 JX 1255.K35 
 
 The influence of Christianity upon Inter 
 
 3 1924 007 462 595 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924007462595 
 
THE INFLUENCE OF CHEISTIANITY UPON 
 INTEENATIONAL LAW. 
 
Cambtfijge: 
 Pinteb at tfre ©ntbetsttg $Jrew, 
 
 For MAOMILLAN & Co, 
 
 aUnlHin: BELL AND DALDY. 
 ffiifotD : J. H. AND JAS. PARKER. 
 (DBlntutat : EDMONSTON AND DOUGLAS. 
 ffluitln: WILLIAM ROBERTSON. 
 ©lasgotD : JAMES MACLEHOSE. 
 
THE 
 
 INFLUENCE OF CHEISTIANITY 
 
 INTERNATIONAL LAW. 
 
 IN THE UNIVEESITT OF CAMBRIDGE, 
 FOK THE YEAR 1854. 
 
 C. M. KENNEDY, B.A. 
 
 of Gosrvima AND CAIUS COLLEGE, 
 WHEWELL UMTVBBBITT PRIZEMAN, 1855. 
 
 ©ambri&ge : 
 MACMILLAN AND Co. 
 
 1856. 
 
TO 
 
 THE REVEREND THE MASTER OF TRINITY COLLEGE, 
 THE VICE-CHANCELLOR; 
 
 THE MASTER OF GONVILLE AND CAIUS COLLEGE, 
 
 THE MASTER OF TRINITY HALL, 
 
 AND 
 
 THE REVEREND THE MASTER OF ST JOHN'S COLLEGE, 
 
 JtS &1WU1B 
 
 IS MOST BESPECTFULLY DEDICATED 
 
 THE AUTHOR. 
 
EDWIN GUEST, ESQ. IJj.D. P.E.S. THE MASTER, 
 
 AND TO THE FELLOWS 
 
 OF GONVILLE AND CAITTS COLLEGE, 
 
 ©Sis dssag 
 
 IS RESPECTFULLY DEDICATED 
 
 WITH SENTIMENTS OF GRATITUDE AND ESTEEM 
 
 THE AUTHOR. 
 
Clauses directed by the Founder to be always prefixed 
 to the Hulsean Dissertation. 
 
 CLAUSES from the WILL of the Rev. JOHN 
 HULSE, late of Elworth, in the County of Chester, 
 clerk, deceased : dated the twenty-first day of July, 
 in the year of our Lord one thousand seven hun- 
 dred and seventy-seven; expressed in the words 
 of the Testator, as he, in order to prevent mistakes, 
 thought proper to draw and write the same him- 
 self, and directed that such clauses should every 
 year be printed, to the intent that the several per- 
 sons, whom it might concern and be of service to, 
 might know that there were such special donations 
 or endowments left for the encouragement of Piety 
 and Learning, in an age so unfortunately addicted 
 to Infidelity and Luxury, and that others might 
 be invited to the like charitable, and, as he humbly 
 hoped, seasonable and useful Benefactions. 
 
 He directs that certain rents and profits 
 (now amounting to about a hundred pounds yearly) 
 be paid to such learned and ingenious person, in the 
 University of Cambridge, under the degree of Master 
 of Arts, as shall compose, for that year, the best 
 Dissertation, in the English language, on the Evi- 
 dences in general, or on the Prophecies or Miracles 
 in particular, or any other particular Argument, 
 whether the same be direct or collateral proofs of the 
 
Christian Religion, in order to evince its truth and 
 excellence; the subject of which Dissertation shall be 
 given out by. the Vice-Chancellor, and the Masters of 
 Trinity and Saint John's, his Trustees, or by some of 
 them, on New Year's Day annually; and that such 
 Dissertation as shall be by them, or any two of them, 
 on Christmas Day annually, the best approved, be also 
 printed, and the expense defrayed out of the Author's 
 income under his Will, and the remainder given to 
 him on Saint John the Evangelist's Day following; 
 and he who shall be so rewarded, shall not be 
 admitted at any future time as a Candidate again in 
 the same way, to the intent that others may be 
 invited and encouraged to write on so sacred and 
 sublime a subject. 
 
 He also desires, that immediately following the last 
 of the clauses relating to the prize Dissertation, this 
 invocation may be added : " May the Divine Bless- 
 ing for ever go along with all my benefactions ; and 
 may the Greatest and the Best of Beings, by his 
 all-wise Providence and gracious influence, make the 
 same effectual to His own glory, and the good of my 
 fellow-creatures !" 
 
 Subject proposed by the Trustees for the Year 1854. 
 
 " The Influence of Christianity wpon International 
 Law." 
 
PREFACE. 
 
 The object of the present Essay is to trace the influ- 
 ence which Christianity has exercised in moulding and 
 fashioning that particular form of International Law 
 which now obtains between the different nations of the 
 earth. As the writer was not treating of International 
 Law generally, its rules have for the most part been re- 
 ferred to in such a manner as presupposed on the part 
 of the reader a knowledge of its elementary principles ; 
 for to enter into details on these subjects would require 
 more extended limits than usage has prescribed to the 
 Hulsean Essay. The author has also endeavoured 
 when referring to rules of International Law, to state 
 them as they are now actually practised, or at least 
 as the civilized part of mankind expects them to be 
 observed, without letting any views of his own in re- 
 gard to them affect the incidental notices he had been 
 led to take. It was his wish to follow the example of 
 Grotius in the spirit of his inquiries, though the work 
 of the great publicist has been only occasionally quoted, 
 inasmuch as the existing rules of International Law 
 are no longer, in detail, the same as those that were 
 
Xll PREFACE. 
 
 observed in his times, owing to the great advances in 
 civilization which the European nations have made 
 during the last two centuries. When compelled to 
 discuss some disputed point, the author has aimed, like 
 Grotius, at taking the higher side, and in doubtful 
 cases to adopt that decision which seemed most in 
 accordance with Christian principles. 
 
 Since the subject of this Essay was given out, the 
 peace of Christendom has been disturbed, and war has 
 again spread desolation over Christian lands. To this 
 altered state of circumstances no reference has been made 
 in these pages. The writer would wish to discuss the 
 question before him abstractedly; and those observations 
 which may seem to bear on recent events, will, it is 
 believed on further consideration, be found to rise natu- 
 rally from the requirements of the subject. Perhaps* 
 however, he may be allowed in this place to make one 
 or two remarks bearing on questions of present inter- 
 est, and which possibly may at no distant time force 
 themselves upon the attention of the public. 
 
 That improvement in the rules of war which Mack- 
 intosh remarked 1 , as having taken place during the 
 
 1 " In the present century (eighteenth) a slow and silent, 
 but very substantial mitigation has taken place in the practice 
 of war: and in proportion as that mitigated practice has re- 
 ceived the sanction of time, it is raised from the rank of mere 
 usage, and becomes part of the law of nations.'' Law of Nature 
 and Nations. 
 
PREFACE. Xlll 
 
 last century, and in the recognition as forming part of 
 the Law of Nations of what had hitherto been consi- 
 dered mere usages of doubtful authority, has certainly 
 been extended in the period which has elapsed since 
 he wrote. It is much to be desired that the general 
 feeling which now seems to prevail among all civilized 
 nations against the practice of privateering, may ulti- 
 mately lead to its condemnation being recognised as 
 one of the principles of International Law. The 
 peculiar character of the present war, which renders 
 privateering on the one side unnecessary and on the 
 other almost impossible, happily accustoms the world 
 to the idea of dispensing with it altogether. Were 
 this relic of the disorders of the barbarous epoch 1 de- 
 nounced by civilized nations, its suppression would 1 
 hardly be considered henceforward as any violent de- 
 parture from the laws of warfare, however justifiable it 
 may have been regarded hitherto. 
 
 But above all things every Government should reso- 
 lutely determine not only to discountenance but also to 
 
 1 It would seem more correct to represent privateering as a 
 form of the old system of letters of marque and reprisals, (origin- 
 ally granted in cases of pillage of a state's subjects in time of 
 peace, and denial of justice and redress for the same, Guidon, 
 de la Mer, ch. x. § 1), and not as a mere result of the mercan- 
 tile system, though extended by that system of policy. 
 
 This is further shown by the official documents authorising 
 the equipment of privateers. 
 
XIV PREFACE. 
 
 suppress those piratical expeditions of political adven- 
 turers which in the New World especially are so dis- 
 graceful to the present age. 
 
 The convention also, which it is said has been 
 entered into between the Hudson's Bay Company and 
 that of Russian America, to exempt from the opera- 
 tions of war their respective territories, seems to be no 
 less an improvement on the practice of former times. 
 There are other circumstances connected with the con- 
 duct of the present war which are deserving of praise, 
 as tending to lessen in some degree those evils which 
 a course of warfare must necessarily bring with it, more 
 especially when it is carried on between the greater 
 states. But the same praise cannot be extended to 
 certain destructive missiles which have been lately brought 
 under public notice. Their effect in increasing the mise- 
 ries of war has hitherto been far better established, than 
 any power they may possess of hastening its termination. 
 
 Caiub College, 
 I November, 1855. 
 
CONTENTS. 
 
 INTRODUCTION. 
 CHAPTER I. 
 
 PAGE 
 
 Preliminary remarks ...... 1 
 
 CHAPTER II. 
 Christianity and War 9 
 
 PART I. 
 
 The Influence of Christianity upon the International 
 Law of Christendom ...... 21 
 
 CHAPTER I. 
 Divisions of the Subject ...... 21 
 
 CHAPTER II. 
 
 The Nature of the Influence of Christianity upon the 
 International Law of Western Christendom . . 22 
 
 CHAPTER III. 
 
 The Bise and Extension of the International Law of 
 Christendom . . . . . . . .58 
 
 CHAPTER IV. 
 
 The Influence of Christianity upon the other sources 
 from whence the International Law of Ghristendom 
 has been derived ....... 68 
 
 CHAPTER V. 
 
 The extent of the Influence of Christianity upon the 
 International Law of Christendom in regard to the 
 Pacific Relations of States . . . . .81 
 
 CHAPTER VI. 
 The Influence of Christianity upon the International 
 Rights of War . 90 
 
XVI CONTENTS. 
 
 CHAPTER VII. 
 
 PAGE 
 
 The Influence of Christianity wpon the International 
 Law of Christendom as regards International Trans- 
 actions between Christian and non-Christian States . 104 
 
 CHAPTER VIII. 
 
 The Influence of Christianity as regards International 
 Regulations relative to the African Slave-trade . 122 
 
 CHAPTER IX. 
 
 The Influence of Christianity upon the International 
 Law of Eastern Christendom ..... 126 
 
 CHAPTER X. 
 
 The Influence of Christianity upon International Duties 136 
 
 PAET II. 
 
 The Influence of Christianity upon the International 
 
 Law of non-Christian Nations .... 139 
 
 Preliminary Observations . . . . . .139 
 
 CHAPTER I. 
 
 The Influence of Christianity upon the International 
 Law of Mahometan Nations ..... 140 
 
 CHAPTER II. 
 
 The Influence of Christianity upon the International 
 Law of non-Christian Nations other than Mahometan 143 
 
 CONCLUSION. 
 Summary of the- preceding Essay .... 150 
 
 APPENDIX. 
 
 I. On the phrase International Jus . . . 151 
 
 II. On the Middle Ages 152 
 
 III. Turkish Firmans in regard to the Circassian 
 
 Slave-trade 154 
 
THE INFLUENCE OF CHRISTIANITY 
 UPON INTERNATIONAL LAW. 
 
 INTRODUCTION. 
 
 CHAPTER I. 
 
 Preliminary Observations. 
 
 The importance which mankind, by the constitution of 
 their nature, attach to the Religion they profess, neces- 
 sarily causes it to produce a considerable and very im- 
 portant influence on their general conduct ; and while all 
 Religions tend to promote a kindly feeling among co- 
 religionists, they all differ as regards the conduct they 
 prescribe towards the rest of mankind. 
 
 No belief contains such enlarged views in regard to 
 the different nations of the earth as the Christian Faith ; 
 in fact, the catholic spirit and enlarged benevolence which 
 pervade the Christian Religion, and which particularly 
 distinguish it from the erroneous Beliefs prevailing 
 in many parts of the globe, afford one of the most 
 
 1 
 
2 PRELIMINARY OBSERVATIONS. [CH. 
 
 convincing proofs that it proceeds from Him who created 
 and preserves this world and all its inhabitants. The 
 universal nature of Christ's kingdom is expressly stated 
 in many passages 1 ; as also that all nations are of one 
 blood and kindred 2 . Christians are enjoined to render 
 good to all 3 ; to love their enemies 4 ; to do unto others 
 as they would have others do unto them 8 ; and to love 
 their neighbours as themselves 6 ; the word "neighbour" 
 being shown to be employed in its widest signifi- 
 cation 7 . 
 
 In all these respects the tendency of the Christian 
 Faith is to unite all nations in friendship with one 
 another. And its tenets thus differ widely, alike from 
 those of the Eddas which taught that to the stern deities 
 of Scandinavia a life of warfare and rapine ended by a 
 warrior's death was the most acceptable 8 ; from the 
 precepts of the Koran enjoining the followers of Islam to 
 contract no real friendship with those not of their own 
 faith 9 ; as well as from the intensely individualising 
 
 1 St Matth. viii. 11, xxviii, 19, 20; St Mark xvi. 16; St 
 Luke xiii. 29, xxiv. 47 ; Acts ii. 14 ; Rev. xiv. 6. 
 
 2 Acts xvii. 26 ; Gen. ix. 19, x. 32. 
 
 * St Matth. xii. 12; St Luke vi. 9 ; Gal. vi. 10; 1 Thess. 
 v. 15. 
 
 4 St Matth. v. 43 — 48 ; St Luke vi. 27. 
 
 8 St Matth. vii. 12; St Luke vi. 31. 
 
 6 St Matth. xxii. 39 : St Mark xii. 31 ; St Luke a. 27. 
 
 1 St Luke x. 29 — 37. 
 
 8 Mallet's Northern Antiquities. 
 
 9 See Part I. Chap. vn. Sect. 1. 
 
I.J PRELIMINARY OBSERVATIONS. 3 
 
 tendency of Buddhism 1 ; and the beautiful theory of the 
 ethical philosophy of Confucius, inapplicable in practice 
 through the want of a sufficient authority to give it due 
 weight, either in the person of its propounder or the 
 subsequent great teachers of his school. 
 
 When states profess to be Christian they must neces- 
 sarily also profess to guide their actions by Christian 
 principles in International questions as well as in those 
 of a civil and domestic nature ; and though the influence 
 of any particular religion is obviously more especially to 
 be sought for amongst communities which profess that 
 belief, yet under certain circumstances its influence may ex- 
 tend to those that do not. Consequently the great influence 
 which Christian States exert on non-Christian nations by 
 means of their superior organisation of government, and 
 by means of their extraordinary progress in all the higher 
 stages of civilisation, has caused the International Law of 
 Christendom to be partially adopted by all the non- 
 Christian nations with whom they have, for any con- 
 tinuous period of time, come in contact. In treating 
 therefore of the influence of Christianity upon Inter- 
 national Law the subject will naturally divide itself into 
 two parts, in the first of which will be shown the influence 
 of Christianity upon the International Law of Christen- 
 dom ; in the second, its influence upon that of non- 
 Christian nations. 
 
 1 An elaborate account of Buddhism is contained in No. 38 
 of the Calcutta Review. In No. 14 there is a similar account 
 of the Writings and Philosophy of Confucius. 
 
 1—2 
 
4 PRELIMINARY OBSERVATIONS. [CH. 
 
 Before however proceeding to treat of the Influence 
 of Christianity upon International Law, it will be neces- 
 sary to explain the manner in which that influence is 
 considered to have operated, and to state the signification 
 which will be here attached to the term International 
 Law. 
 
 I. The Influence of Christianity upon International 
 Law may be divided into direct and indirect : the former 
 being that influence which Christianity has exerted, 1st, 
 by means of considerations deduced from its express 
 declarations and from the general tendency of its pre- 
 cepts ; and 2ndly, by the agency of certain institutions, 
 customs, usages, and other circumstances, owing their 
 origin or existence to Christianity itself. The indirect 
 influence of Christianity is derived through its previous 
 influence on the other sources from whence International 
 Law has been derived. 
 
 II. By the term International Law will be meant 
 that body of Rights and Obligations, Duties and Moral 
 Claims, existing between the different nations of the 
 world, by which their intercourse with each other in 
 peace and in war is regulated and settled ; the develop- 
 ment, in regard to them, of those universal and eternal 
 principles of equity and justice which all men more or 
 less clearly-raeognise as a law of their nature. It is of 
 this Paw that Cicero speaks : " Est quidem vera lex recta 
 ratio, naturae congruens, diffusa in omnes, constans, 
 sempiterna ; quae vocet ad officium, jubendo, vetando a 
 fraude deterreat, quae tamen neque probos frustra jubet 
 
I.] PRELIMINARY OBSERVATIONS. 5 
 
 aut vetat, nee improbos jubendo aut vetando movet. 
 Huic leges nee abrogari fas est, neque derogari ex hac 
 aliquid licet, neque tota abrogari potest ; nee vero aut 
 per senatum aut per populum solvi hac lege possumus : 
 neque est quserendus explanator aut interpres ejus alius : 
 nee erit alia lex Romse, alia Athenis : alia nunc, alia 
 posthac ; sed et omnes gentes et omni tempore una lex 
 et sempiterna et immutabilis continebit; unusque erit 
 communis quasi magister et imperator omnium Deus ; 
 ille legis hujus inventor, disceptator, lator, cui qui non 
 parebit, ipse se fugiet, ac naturam hominis aspernatus, 
 hoc ipso luet maximas poenas, etiam si cetera supplicia 
 quse putantur effugerit 1 ." Its manner of application is 
 determined by usage and custom, differing in different 
 ages and countries ; and it is thus that the remark of 
 Suarez 2 , that custom cannot affect Jus Naturale, but may 
 affect Jus Gentium, is to be understood. 
 
 And though it be true, as some writers have stated, 
 that there is no universal Law of Nations 3 , "meaning by 
 
 1 De Republic*, Lib. in. 22. ed. Maii. 
 
 2 De Legibus, L. ch. 4. § 4. 
 
 3 Especially Ward. "It appeared to me, that we expected 
 too much when we contended for the universality of the duties 
 laid down by the codes of Law of Nations ; that, however de- 
 sirable such an universality might be, the whole world were not 
 susceptible of that intimacy and closeness of union, which many 
 philosophers of high name are willing to suppose ; that it falls 
 into different divisions or sets of nations, connected together 
 under particular religions, moral systems, and local institutions, 
 to the exclusion of other divisions or sets of nations; that these 
 various divisions may indeed preserve an intimacy among one 
 
6 PRELIMINARY OBSERVATIONS. [CH. 
 
 this that there are no universal Laws of Nations recog- 
 nised by all nations in every part of the globe, and in 
 every stage of civilisation," " there is a universal law, a 
 principle of equity, of which all special laws are develop- 
 ments 1 ." Every people have their International law 2 , 
 though that of some is extremely rude, and founded on 
 principles extremely erroneous. The few tribes of degraded 
 and isolated savages who have been found in different 
 countries and in different ages living in woods and caves, 
 in the so-called state of nature, are not to be styled com- 
 munities, states, or nations, in the signification in which 
 those terms are used in International Law. 
 
 International Law, thus considered, includes not only 
 
 another, and obey the same law ; but that they may bo contra- 
 distinguished from others who may have different religious and 
 moral systems, operated upon by very different local circum- 
 stances : in fine, that what is commonly called the Law of 
 Nations falls very far short of universality ; and that therefore 
 the Law is not the Law of all Nations, but only of particular 
 classes of them ; and thus there may be a different Law of 
 Nations for different parts of the globe. Not only this, but 
 even in the same part of the globe there may have been very 
 different sorts of Law of Nations, according as revolutions have 
 taken place in the religion, system of morality, and local insti- 
 tutions of the nations which compose it." Ward's Law of 
 Nations, Vol. I. pp. xiii, xiv, and 137 — 139. 
 
 1 Whewell's Lectures on SystematicJMorality, Lect. vn. p. 175. 
 
 2 "Toutes les nations ont un droit des gens; et les Iroquois 
 mSmes qui mangent leur prisonniers, en ont un. lis envoient 
 et recoivent des ambassades ; ils cpnnoissent des droits de la 
 guerre et de la paix:-<le mal est que ce droit des gens n'est pas 
 fonde sur des vrais principes." Esprit des Lois, lib. I. c. 3. 
 
I.J PRELIMINARY OBSERVATIONS. 7 
 
 the relations subsisting between governments and the 
 transactions which they may have with individual mem- 
 bers of other communities, but also questions and disputes 
 between subjects of different states, arising out of the 
 diversities of their respective municipal laws and insti- 
 tutions. 
 
 Though founded upon the moral nature of man, it 
 owes its actual existence entirely to the existence of 
 distinct nations, and in a great measure to the existence 
 of independent nations. 
 
 In conformity with the practice of the soundest 
 moralists it will here be regarded as a branch of the 
 science of Morals, capable therefore of progressive im- 
 provement, and which in order to conform to the moral 
 nature of man must become constantly more and more 
 moral. International Law being here treated as a branch 
 of Morality, it is necessary to observe that to teach 
 morality was not the primary object of the Christian 
 Revelation 1 : and further, that our Religion as it came 
 out of the hands of its Founder and His apostles being 
 completely abstracted "from all views either of eccle- 
 siastical or civil policy 2 ," can be expected to contain but 
 few precepts immediately applicable as maxims of Inter- 
 national Law. Nor must expectations be formed of 
 finding the influence of the Christian Religion most 
 active among those who are occupied with the manage- 
 ment of temporal affairs 3 . These persons usually judge of 
 
 i Paley's Evidences, Part u. ch. 2. 2 Ibid. 
 
 3 Ibid. Part in. ch. 7. 
 
8 PRELIMINARY OBSERVATIONS. [CH. I. 
 
 measures by the short-sighted standard of temporary 
 expediency or utility, which constitutes too often with 
 governments the sole rule of action. The Influence of 
 Christianity is to be sought for " in the silent course of 
 private and domestic life 1 " rather than amid the hurry 
 and distractions of public business. 
 
 1 Paley's Evidences, Part in. ch. 7. 
 
CHAPTER II. 
 
 Christianity and War. 
 
 An important preliminary question yet remains to be 
 discussed, one which according to the opinion formed 
 respecting it, materially affects the view taken of Inter- 
 national Law; and as this question is almost exclusively 
 maintained on the ground of Christianity, it the more 
 particularly requires an investigation here : it is, whether 
 war is under any circumstances justifiable and lawful? 
 In discussing this question we will consider, 1st, the 
 doctrines of the Gospel which appear to bear upon the 
 point ; and 2ndly, the opinions and practice of the Church, 
 and of eminent Christian teachers and writers. 
 
 1st. It is admitted on all sides that there is no 
 direct and positive precept in the ospel respecting war, 
 and the circumstances of the cases both of the centurion 
 of Capernaum and of Cornelius do not lead to any 
 opinion being given as to the lawfulness or unlawful- 
 ness of their calling. It is impossible to admit Mr 
 DymondV interpretation of the passage, " All they that 
 take the sword shall perish by the sword," inasmuch as 
 his view consigns to destruction every nation on the 
 earth. And our Saviour's declaration to Pilate, " If 
 
 1 Dymond on War, p. 35. 
 
10 CHRISTIA 
 
 my kingdom were of this world, then would my servants 
 fight, that I should not be delivered to the Jews," seems 
 implicitly to allow the lawfulness of war with regard to 
 worldly matters ; to repel violence, if necessary, by force. 
 
 In the writings of the apostles, allusion in a good 
 sense is repeatedly made to military weapons and the 
 military profession 1 ; and this would certainly show that 
 the writer did not regard war as altogether and in- 
 herently unlawful and wrong 2 . St John the Baptist 
 considered the military profession a lawful occupation 3 ; 
 and the Old Testament contains rules of warfare, pre- 
 scribing the manner in which the Jews were to carry 
 on their wars with nations not dwelling in the promised 
 land 4 . 
 
 The apostle St James, however, in his general epistle 
 ^states the real causes of wars, " From whence come wars 
 and fightings among you ? come they not hence, even of 
 your lusts that war in your members ? Ye lust, and have 
 not : ye kill, and desire to have, and cannot obtain : ye 
 fight and war, yet ye have not, because ye ask not 5 ." 
 In this passage are concisely given the real causes of 
 
 1 " The trumpet, the weapons, the armour of war, are often 
 employed as images to illustrate the Christian warfare. Here 
 the analogy is, that the Christian is a spiritual warrior, in a 
 good cause against an evil adversary. Thus the apostle Paul 
 speaks of Epaphroditus and Archippus as his fellow-soldiers. 
 If war were only and absolutely criminal the analogy would be 
 unsuitable." . Aikin on War, p. 33. 
 
 2 Bernard's Bible Battells, ch. 3. 
 
 s St Luke iii. 14. * Deut. xx. « Chap. iv. 1, 2. 
 
II. J CHRISTIANITY AND WAR. 11 
 
 war — the evil passions and evil deeds of mankind; 
 are again and again prohibited in the Gospel, and means 
 for their remedy pointed out; and those virtues most 
 expressly and earnestly commended which tend to a 
 contrary line of conduct, such as forbearance, concilia- 
 tion, and placability; while no regard is enjoined for 
 what are commonly termed heroic virtues 1 . The Gospel 
 thus contains no direct condemnation of defensive war". 
 Christianity does not forbid those attacked to defend 
 themselves, either by the promise of an extraordinary 
 intervention of Providence on their behalf, or by en- 
 joining them to submit without resistance to the un- 
 provoked aggressions of any nation which may choose 
 to make war on them ; and to human judgment this 
 last course would only lead to calamities more dreadful 
 than even those of war itself. 
 
 2ndly. As regards the opinions and practice of the 
 Church, and of eminent Christian writers and teachers, 
 it may be observed in the first place, that the idolatrous 
 worship so much mixed up with Roman military disci- 
 pline, and the dependence of a soldier's life, would have 
 ill suited the character of the early Christians, when all 
 
 1 Paley's Evidences, Part n. ch. 2. 
 
 2 " Though the scriptures contain no fixed or definite rules 
 to guide us in our determinations as to the expediency and 
 justice of war, yet they evidently tend to create and foster 
 those feelings of kindness and brotherly affection for all man- 
 kind, which check national contentions, and when they do take 
 place, conduct them upon more humane and honourable 
 principles." Blakey's Temporal Benefits of Christianity, p. 138. 
 
12 CHRISTIANITY AND WAR. [CH. 
 
 sought personally to convert others to the true faith as 
 the most important object of their lives. It is therefore 
 by no means surprising that in the first century and a 
 half after our religion was promulgated, we do not find 
 many instances of Christians serving in the legions. But 
 in course of time, as the number of believers increased, 
 many, especially when persecution was not directed 
 against the Church, served in the army. Tertullian, who 
 lived in the latter part of the second and beginning of the 
 third century, relates the circumstance since known under 
 the name of the Thundering Legion 1 . If this legend be 
 true, about the year 174, in the army of Germany there 
 was a considerable number of Christians ; and as there is 
 nothing to lead to the supposition that they then served 
 for the first time, Christians must consequently for some 
 time previously have either entered the legions, or re- 
 mained in them after their conversion. If the narrative 
 be false, it must have been an event which would not 
 be considered improbable at the time the story was in- 
 vented, which must have been before the time of Ter- 
 tullian, as he would probably be accused by no one of 
 having fabricated it himself. 
 
 The two following passages from his Apology are very 
 important, both for showing the feeling of the early 
 Christians in regard to war, and for distinctly stating 
 that Christians were in the army as well as In other civil 
 and state employments. " Si enim et hostes expertos 
 non tantum vindices occultos, agere vellemus, deesset 
 1 Apology, ch. 5. § 5. De la Cerda, 1624. 
 
II.] CHRISTIANITY AND WAR. 18 
 
 nobis vis numerorum et copiarum? Plures nimirum 
 Mauri et Marcomanni, ipsique Parthi, vel quantsecunque 
 unius tamen loci, et suorum finium gentes, quam totius 
 orbis? Hesterni sumus, et vestra omnia implevimus, 
 urbes, insulas, castella, muuicipia, conciliabula, castra 
 ipsa, tribus, decurias, palatium, senatum, forum. Sola 
 vobis relinquimus templa. Oui bello non idonei, non 
 prompti fuissemus, etiam impares copiis, qui tarn libenter 
 trucidamur? Si non apud istam disciplinam magis occidi 
 liceret, quam occiderei." The meaning of this last para- 
 graph, it is almost needless to remark, is, that Christians 
 did not consider themselves justified in forcibly resisting 
 persecutions directed against them on account of their 
 religion. 
 
 And in a subsequent chapter 2 , after complaining that 
 Christians were unjustly accused of being mere unpro- 
 ductive members of Society, he says, " Navigamus et nos 
 vobiscum et militamus, et rusticamur, et mereamur, 
 proinde miscimus artes, opera nostra publicamus usui 
 vestro. Quomodo infructuosi videamur negotiis vestris, 
 cum quibus et de quibus vivimus, non scio." Nor does 
 it appear that the views of Tertullian in regard to war, 
 as expressed in his treatise, De Corona, (written about 
 three years after his Apology), go the length that some 
 have stated them to have done. His able translator, 
 Mr Dodgson, says it is questionable " whether in those 
 arguments which go against military service altogether, 
 
 1 Apology, ch. 37. § 2. 
 
 2 Ibid. ch. 42. 
 
14 CHRISTIANITY AND WAR. [CH. 
 
 he means more than to show its contradiction to the 
 Christian character in the abstract ; and the more, since 
 at the close of the argument he permits Christians to 
 remain in it, if already in it when called to be Christians, 
 only suffering martyrdom rather than do anything un- 
 lawful; which he would not have tolerated, had he 
 thought it wholly forbidden. It is the free choice of such 
 a profession which he condemns, and serious persons could 
 not have chosen it among such perils to the Faith 1 ." 
 
 St Ambrose allowed the lawfulness of the warrior's 
 calling, at the same time most strenuously pointing out 
 that it afforded no justification of crimes or excesses com- 
 mitted by soldiers 2 . St Bernard even more strongly lays 
 down this, especially on the grounds of the Christian 
 doctrine of a future life, and severely condemns whatever 
 may inculcate a spirit of revenge and afford encourage- 
 ment to those evil passions which so strongly develop 
 themselves in war 3 . 
 
 In the Canon Law several elementary questions 
 respecting war are discussed with regard to Christian 
 doctrine applicable to them, and are decided by passages 
 in the writings of the Fathers, and of Bishops, and by 
 Acts of Councils. It is decided from St Augustine, De 
 Verbis Domini, "militare non est delictum, sed propter 
 prsedam militare peccatum est," and from Isidore, Etymol. 
 
 1 Dodgson's translation of Tertullian, note E on the treatise 
 De Corond, where this point is treated at length. 
 
 2 Seventh Sermon. 
 
 3 Ad Milites Templi Sermo, ch. 1. 
 
II.] CHRISTIANITY AND WAR. 15 
 
 "Justura est bellum, quod ex edicto geritur de rebus 
 repetendis aut propulsandorum hostium causa 1 ." 
 
 Of the Reformers both Luther 2 and Calvin 3 considered 
 war to be lawful, and Zuinglius was killed in battle. Gro- 
 tius replies to those who considered war to be unlawful 4 , 
 yet his numbering Erasmus amongst them would not 
 appear to be altogether correct, as the following passages 
 from that writer's works show : " De bello quid dicam ? 
 utinam omnes sic a bellis abhorreant quasi sic parricidium. 
 illic occidere, quando omnis Christianus Christiano ger- 
 manus est. Sed in bello juste suscepto et legitime gesto, 
 lex occidit, non homo. Ceterum Princeps qui non neces- 
 sitate, neque rei publicse studio, sed ob privatos affectus 
 suscipit, tot homicidia committit quot homines in eo bello 
 vel pereunt vel ad famem adiguntur. Adde quisque vel 
 odio vel spe prsedse currit ad bellum, etiam si neminem 
 occidet homicida est 5 " And again, " In bella sum ini- 
 quior et ubique quantum licet a bellis dehortor, ad pacem 
 provoco. Nee tamen usquam sic detestor bellum, ut in 
 totum ac simpliciter damnem 6 ." We thus see that our 
 own Reformers expressed the opinion and practice of the 
 
 i 23 Causa. 
 
 2 Especially by his conduct in regard to the war of the 
 peasants, and Colloquia Mensualia, ch. 61. 
 
 3 Commentary on Isaiah ii. 4, where he states the predic- 
 tion of universal peace, on which Mr Dymond and others have 
 laid such stress, to be merely metaphorical. 
 
 * De Jure, Lib. I. c. 2. 
 
 6 Symholi Catechis. 6. 
 
 6 Apologia ad Blasphemias Jac. Stunicce. 
 
16 CHRISTIANITY AND WAR. [CH. 
 
 Church when they stated, " It is lawful for Christian men 
 at the commandment of the Magistrate to wear weapons 
 and serve in the wars." 
 
 But though we thus consider the views of those 
 who condemn indiscriminately all wars whatever to be 
 erroneous, and the arguments they advance to be ill- 
 founded, it must not be concluded that their efforts 
 are wholly directed to an improper end. Whatever 
 tends to lead mankind from acts of violence, and to 
 induce them to submit their differences to the decision of 
 those not directly interested in the matter, even should 
 these not decide altogether equitably, raises them, whe- 
 ther the case is of nations or individuals, in the scale 
 of civilisation : and as regards nations the result is every 
 way more beneficial than that of a hasty and impassioned 
 appeal to arms. The event of war, it must be remembered, 
 does not decide the justice of the successful state's con- 
 duct, claims, or pretensions. " Unjust warres sometime 
 may have good successe, for the iniquity of the people 
 against whom they are undertaken : and therefore by the 
 event, the justice of the warre is not to be ever judged, but 
 by the just cause thereof 1 ." The opinion of Vattel is simi- 
 lar: " La victoire contraint seulement le vaincu a, donner les 
 mains ou traite qui termine le difference. Cest une erreur 
 non moins absurde que funeste, de dire que la guerre doit 
 decider les controverses entre ceux qui, comme les na- 
 tions, ne reconnaissent point de juge. La victoire snit 
 
 1 Bernard's Bible Battells, ch. 5. 
 
II.] CHRISTIANITY AND WAR. 17 
 
 <T ordinaire la force et la prudence, plutdt que de bon 
 droit 1 ." 
 
 The dissemination of such opinions in regard to war, 
 tends powerfully to cause those who have the direction of 
 public affairs to conduct diplomatic intercourse with great 
 temper, forbearance, and moderation. It induces them 
 carefully to avoid whatever may give rise to causes of 
 irritation and quarrel, and when such do arise, earnestly 
 to endeavour to preserve peace by generous concessions 
 rather than " pertinaciously to urge doubtful claims that 
 might provoke war — a calamity of which it is impossible 
 to count the cost, to calculate the injury, or to foresee 
 the end 2 !" 
 
 The various plans which have been proposed to termi- 
 nate national differences by means of Congresses appear 
 insufficient for that purpose. The calamities which they 
 seek to obviate may be and often have been surpassed by 
 those of passive non-resistance ; very little opposition was 
 offered to the progress of the barbarians in the last years 
 of the Western Empire, and for some time after its fall, 
 with what result is known to every one. 
 
 It has been computed 3 that, in those countries with 
 whose history we are acquainted, from the earliest period (. 
 to the middle of the last century about thirty-six thousand P 
 millions of human beings had perished through war; and 
 the awful amount of suffering and misery thus brought 
 
 1 Vattel, Law of Nations, Li v. in. ch. 3. $ 38. 
 
 2 Aikin on War, p. 6. 
 
 3 In Burke's Vindication of Natural Society. 
 
18 CHRISTIANITY AND WAR. [CH. 
 
 upon mankind, of which this forms but a part, would in- 
 duce any one who professes to be a Christian or to regard 
 his fellow-creatures with feelings of humanity and philan- 
 thropy, to rejoice at the cessation of so great an evil. 
 And, in the opinion of one of the most eminent members 
 of the sister University, continuous war is the probable 
 cause of the degeneracy into which the miserable savages 
 that inhabit some portions of the earth have fallen 1 . 
 
 To give an intelligible account of the different plans 
 which have been proposed for the purpose of securing the 
 peace of Christendom, would far exceed the limits of this 
 chapter. It may be of interest to give M. Schmidt's 
 account of the scheme of Gerohus, a writer who lived in 
 the early part of the twelfth century, and who was pro- 
 bably the first to advance such a plan 2 ; as to those of 
 
 1 " As to the causes which have occasioned any portions of 
 mankind thus to degenerate, we are, of course, in most instances, 
 left to mere conjecture: but there seems little reason to doubt 
 that the principal cause has been war. A people perpetually 
 harassed by predatory hostile incursions, and still more, one 
 compelled to fly their country and take refuge in mountains or 
 forests'' (whence savage, silvagio, note), " or to wander to some 
 distant, unoccupied region (and this we know to have been 
 anciently a common occurrence), must of course be likely to 
 sink in point of civilization." Illustrated by the case of the 
 Abyssinians. Whateley's Introductory Lectures on Political Eco- 
 nomy, Lect. 5. 
 
 2 Speaking of the time of Innocent the 3rd, " Gerohus de 
 Regensberg, dans son saint zele, avait deja forme un plan en 
 consequence duquel le pape devoit defendre la guerre a tous les 
 autres princes. Si quelqu'un d'eux avoit quelque chose a de- 
 mander d'un autre, ils devoient se soumettre a la decision du 
 
1 1. J CHRISTIANITY AND WAR. 19 
 
 others it must suffice to refer the reader to the works 
 where they may he found, or where they are treated of; 
 premising that some, like, that of Grotius 1 , took their rise 
 from the influence of Christian Principles, while others, 
 like that of Elizabeth and Henri Quatre 2 , were based on 
 political considerations 3 . 
 
 Whether hereafter any plan similar to some one of 
 those pointed out by any of these writers will be carried 
 into effect, remains a question for the future to decide. But 
 we may venture an expression of opinion, that if this great 
 end should be achieved it will be rather by means of the 
 great extension of the commercial relations which now 
 prevail between the different nations of the earth, and by 
 which, as it were, they have given securities for their 
 mutual good behaviour 4 : by the better acquaintance they 
 
 pape. La sentence une fois portee, la partie qui ne s'en ac- 
 commoderoit point, seroit excommuniee et deposee ; mais au 
 contraire la partie soumise seroit excitee a la guerre par les 
 pretres (tubis sacerdotalibus) tous les princes seroient appelles 
 a la defense et quiconque refuseroit de detruire les impies 
 Amalecites et de fondre sur le roi Agag, seroit prive a juste 
 title d'une puissance dont il abuseroit ainsi." Histoire des Alle- 
 mands, Tom. iv. p. 232. 
 
 i De Jure, Lib. n. cb. 23. 
 
 2 Sully's Memoirs, Book III. 
 
 3 More especially Manning's Law of Nations, p. 82 ; Wheat- 
 on's History of the Law of Nations, pp. 261 — 268, for St Pierre's 
 Scheme, pp. 328 — 344, for Bentham's : and Prize Essays on a 
 Congress of all Nations, Boston, U. S. 1840. 
 
 * " It is commerce which is rapidly rendering war obsolete, 
 by strengthening and multiplying the personal interests which 
 are in naturar"opposition to it. And since war is now almost 
 
 — 2—2 
 
20 CHRISTIANITY AND WAR. [CH. II. 
 
 form with each other, in consequence of the facilities for 
 intercommunication lately invented ; by means of correct 
 principles of Political Economy ieing now better under- 
 stood and practised, especially as regards colonies and 
 colonial trade; and above all, by the general diffusion 
 throughout the world of Christian principles and Christian 
 knowledge. 
 
 the only event, not highly improbable, which could throw back 
 for any length of time the progress of human improvement, it 
 may be said without exaggeration, that the great extent and 
 rapid increase of international trade, in being the principal 
 guarantee of the peace of the world, is the great permanent 
 security for the uninterrupted progress of the ideas, the institu- 
 tions, and the character of the human race.'' J. S. Mill's 
 Political Economy, Book in. ch. 17, § 5. 
 
PART L 
 
 THE INFLUENCE OF CHRISTIANITY UPON THE 
 INTERNATIONAL LAW OF CHRISTENDOM. 
 
 CHAPTEE I. 
 
 Divisions of the Subject. 
 
 The International Law of the States of Christendom 
 owes its present form to the combined operation of many 
 circumstances, which have in different ways produced 
 their respective effects during the centuries which have 
 elapsed since the fall of the Western Empire. To show 
 the influence of any of these, or to explain the manner 
 in which each of the sources, from whence the Inter- 
 national Law of Christendom is derived, has contributed 
 to its present form, it is necessary in some degree to 
 trace the history of the Nations in regard to whom its 
 influence is sought to be shown. In pursuing this 
 course with regard to the influence of Christianity upon 
 this part of the subject of this Essay, the principal por- 
 tion of the remarks necessary to be made, relative to the 
 history of Christendom, will be placed at the commence- 
 ment of the next two chapters ; and, for the sake of con- 
 venience', the International Law of Western Christendom, 
 which has been more or less adopted by the other States 
 of the World, will be treated of in the earlier chapters 
 of this Part; the others being relative to the Influence 
 of Christianity upon the International Law of Eastern 
 Christendom, and respecting certain Questions more im- 
 mediately affecting Christian Nations. 
 
CHAPTEK n. 
 
 The nature of the Influence of Christianity upon the 
 International Law of Western Christendom. 
 
 When the Christian Religion was first promulgated 
 upwards of eighteen centuries ago, the Roman Empire 
 had absorbed every state, Persia excepted, of any note in 
 that division of ancient history with which we are more 
 particularly acquainted; and its transactions with foreign 
 countries, excepting such as took place with Persia or 
 with Meroe, were confined to those carried on with the 
 various barbarous tribes situated on the frontiers of the 
 Empire. The period of antiquity so full of instructive 
 examples in regard to questions of International Law had 
 passed away, and an era had succeeded which affords but 
 few instances applicable as precedents in cases of Inter- 
 national disputes. 
 
 When the Christian Religion, which had made its 
 way during three centuries in all the countries of the 
 Roman Empire, was in the year 324 proclaimed by 
 Constantine the Great the Established Religion 1 , the first 
 shocks of the barbarian invasion had already been 
 
 1 Mosheim, Ecclesiastical History, 4th Cent. Part I. ch. 1, 7. 
 
CH. II. J INFLUENCE OF CHRISTIANITY, &C. 23 
 
 severely felt from the time of Decius : and 152 years 
 after the establishment of Christianity, and 71 after the 
 final division of the Empire into those of the East and 
 West, the latter ceased to exist. It is happily unneces- 
 sary here to trace at length the details of those terrible 
 events which attended the downfall of the Western 
 Empire, when no less than universal destruction to the 
 race of mankind seemed to have been threatened ; but it 
 must be observed that the severity of those calamities, 
 awful as it was, was considerably lessened in those dis- 
 tricts where the several races of invading - nations had 
 previously been converted _to the religion of the con- 
 quered. This is presented in a very striking light by 
 contrasting the conduct of the Goths in Italy and the 
 Burgundians in France with that pursued by the Avars, 
 Huns, Saxons, Northmen, Mongols, and Saracens ' . 
 Deplorable indeed as was the condition of the conquered, 
 even under the regularly established government of na- 
 tions whose manners were in some degree softened by 
 conversion to Christianity, and who were in some mea- 
 sure united to them by the ties of their common religion; 
 we can easily imagine the temporal consequences, had not 
 the Christian Revelation taken place, and comprehend 
 the vast difference which would be exhibited by society 
 in almost every part of the globe, had it taken place some 
 centuries later. 
 
 1 The persecutions, however, which arose on the Goths and 
 Burgundians professing Arianism, greatly impaired the value 
 of their former mildness of conduct. 
 
24 INFLUENCE OF CHRISTIANITY [PT.I. 
 
 Nor did the invasions cease on the fall of the 
 Western Empire, but continued to a greater or lesser 
 extent till near the end of the thirteenth century 1 . Wave 
 after wave of strange barbarians continued to issue forth 
 from the apparently inexhaustible regions of the North, 
 East, and South. The difficult and laborious task of 
 converting them to Christianity had to be gone through 
 over and over again, as well as that of retaining their 
 fickle minds in the new faith they had formally adopted 2 . 
 In these arduous undertakings none were more distin- 
 guished, or achieved greater success than Missionaries 
 from the British Isles; and to the silent labours of these 
 pious men, the middle and modern ages owe an incalcu- 
 lable debt of gratitude 3 . The results of their labours in 
 time counteracted the effects of that unhappy state of 
 things which these events produced and prolonged for 
 several centuries. " Les populations dtaient sans cesse 
 deplacees, refoulees les unes sur les autres ; rien de fixe 
 ne pouvait s'e'tablir ; la vie errante recommencait sans 
 
 1 " II ne faut pas croire que l'invasion des Barbares se soit 
 arretee au 5 eme siecle ; il ne faut pas croire parceque l'Empire 
 Remain est tombe, et qu' on trouve des royaumes barbares 
 fonde sur ses ruines, que le mouvement des peuples soit a son 
 terme, le mouvement a dure long-temps apres la chute de 
 l'Empire." Guizot, Civilisation en Europe, 3 eme Lecon : and in 
 the 14th Lecture, after stating that the ware of the early cen- 
 turies of our era were those of migrations of whole nations, he 
 says, "C'est la le caractere general des guerres Europeennes 
 jusqu'apres les croisades a la fin du i2 eme siecle." 
 
 2 Ozanam, Civilisation Clire'tienne des Francs, ch. 2. 
 
 3 Ibid. chs. 4 and 5. 
 
CH. II.] ON INTERNATIONAL LAW. 25 
 
 cesse partant. II y avait sans doute quelque difference 
 a cet egard entre les differens etats : le chaos e"tait plus 
 grand en Allemagne que dans le reste de FEurope; 
 c'etait le foyer du mouvement ; la France etait plus 
 agitee que Fltalie. Mais nulle part la societe ne pouvait 
 s'asseoir ni se regler ; la barbarie se prolongeait partout, 
 et par la ineme cause qui Favait fait commenceri.'" 
 The agency of these Missionaries however by degrees 
 changed this, and remedied the evils of the almost con- 
 tinuous wars in Western Europe, which in the earlier 
 centuries of the Middle Ages destroyed in some countries, 
 as in England, and in the present arch-duchy of Austria 
 and kingdom of Bavaria, together with the descendants 
 of the former inhabitants, almost every vestige of the 
 former civilisation, that not even their memory might 
 survive 2 ; and in every country, by producing the mi- 
 series of long continued war on the largest scale and 
 in their worst form, caused to be forgotten all know- 
 ledge of the blessings of peace, and consequently dis- 
 solved all civil and pacific virtues. Thus, necessarily, 
 greatly deteriorating the moral character of every class 
 of the population. 
 
 The Dark Ages were entirely indebted to Chris- 
 tianity for the existence of a moral influence superior to 
 that of mere force, an influence also quite independent of 
 
 1 Guizot, Civilisation en Europe, 3™° Le§on. 
 
 2 Ward, Law of Nations, Vol. I. ch. 8 ; Ozauam, Civilisation 
 ChrMienne des Francs, p. 37. 
 
26 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 it, and capable of acting in opposition to it 1 . This is par- 
 ticularly exemplified by the remonstrances and expostula- 
 tions which many bishops boldly addressed to barbarian 
 leaders with regard to the devastation they caused. St 
 Severin thus obtained security for many of the inhabitants 
 of Noricum, and averted a march of the Rugians on Italy; 
 and many similar instances occur in the history of those 
 times 2 . In these ages also " it was the Christian Church 
 which amidst the inundations of the Scythians on the one 
 side from the north-west, and the Saracens from the east, 
 did preserve in the sacred lap and bosom thereof the 
 precious relics even of heathen learning, which otherwise 
 had been extinguished as if no such thing had ever been 3 ." 
 Consequently, it was entirely owing to Christianity that 
 
 1 " Et d'abord, ce fut un immense avantage que la presence 
 d'une influence morale, d'une force morale, d'une force qui 
 repesait uniquement sur les convictions, les croyances et les 
 sentimens moraux, au milieu de ce deluge de force materielle 
 qui vint fondre a cette epoque sur la societe." " L'Eglise Chre- 
 tienne exercait seule un pouvoir moral." Guizot, Civilisation 
 en Europe, 2 eme Lecon. 
 
 2 " I/empire etait ouvert, mais les peuples n'y devaient 
 entrer qu'un a un ; et le sacerdoce chretien se mit sur la breche, 
 afin de les retenir jusqu'au moment marque, et pour ainsi dire 
 jusqu'a l'appel du leur nom. Attila trouva St Leon au passage 
 du Mincio, comme St Aignan sur les murs d'Orleans, et St 
 Loup aux portes de Troyes. St Germain d'Auxerre arreta 
 Eocharich, roi des Alemans, au coeur de la Gaule, comme St 
 Severin avait contenu leurs bandes sur les chemins de l'ltalie." 
 Ozanam, p. 43. 
 
 3 Bacon, Advancement of Learning, Book I. Praise of Know- 
 ledge. 
 
CH. II. J ON INTERNATIONAL LAW. 
 
 Europe was enabled at length to emerge from that 
 tion of apparently irretrievable barbarism, into W 
 was the tendency of these centuries of desolatic 
 confusion to have thrown her. 
 
 Thus it was not till three centuries after the promul- 
 gation of Christianity that it was publicly established in 
 the Roman Empire : during the century and a half which 
 followed that event its influence was exerted in various 
 ways to plant itself firmly in the more distant parts of 
 that Empire, and among the nations beyond 1 ; the four 
 centuries of confusion which followed the downfall of the 
 Western Empire, when it seemed doubtful whether Europe 
 would not again return to that state of barbarism, in which 
 the earliest accounts we possess represent that part of the 
 world to have been, were adverse to the spreading of the 
 Christian Faith into distant regions, or to the develop- 
 ment of its precepts among the barbarous tribes which 
 continued to infest Western Europe. 
 
 The check which Charlemagne imposed on the dis- 
 orders of his time was in a great measure weakened by 
 his death. " He stands alone like a beacon upon a .waste, 
 or a rock in the broad ocean. His sceptre was the bow 
 of Ulysses which could not be drawn by any weaker 
 hand. In the dark ages of European history, the reign 
 of Charlemagne affords a solitary resting-place between 
 two long periods of turbulence and ignominy, deriving 
 the advantages of contrast both from that of the preceding 
 
 1 Especially among the Goths. Mosheim, 6th Century, 
 Part i. ch. 1. 
 
28 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 dynasty, and of a posterity for whom he had formed an 
 empire which they were unworthy and unequal to main- 
 tain 1 " For though after his reign the extreme severity of 
 these unhappy times was over, they left traces by their 
 influence on the manners of different countries which 
 it took centuries to efface. However, " it was to the 
 mighty and comprehensive genius of Charlemagne that 
 Europe owed her first improvements ; and though his 
 immense Empire split into fragments immediately upon 
 his death, yet from his time the Western nations began 
 to assume the outlines of that form and of those political 
 institutions which they at present wear. The aspiring 
 vigour of this wonderful man did more for the world than 
 the exertions of whole ages before him. It extended 
 everywhere the advantages of Christianity, it improved 
 the means of communication, it gave cities and a police 
 to the forests of Germany, and, what was of decisive im- 
 portance, it unveiled the shores of the Baltic, whence a 
 torrent of savages had perpetually poured down upon the 
 nations who were then struggling into order. The geo- 
 graphy and the resources of the North came thus in some 
 measure to be known ; men were freed from the constant 
 fear of extirpation in which they lived ; and, encouraged 
 to become stationary, they were as wishful to preserve 
 and regulate their conquests as they had before been 
 furious to extend them. Two centuries more reared up 
 the seeds which Charlemagne had sown 2 ." 
 
 1 Hal lam's Middle Ages, Part I. ch. 1. 
 
 2 Ward, Vol. I. p. 341. 
 
CH. II.] ON INTERNATIONAL LAW. 29 
 
 It was during and after the eleventh century that the 
 West of Europe began to acquire a more settled form 1 , 
 and the important series of events which commenced in 
 the last years of that century 2 , causes all the subsequent 
 international transactions of those states to owe their 
 commencement to the direct influence of Christianity. 
 For it was the Crusades, one of the immediate effects of 
 the influence of Christianity, that first brought the differ- 
 ent States of Western Christendom into direct commu- 
 nication with each other, " Le premier caractere des 
 croisades, c'est leur universality ; FEurope entiere y a 
 concouru ; elles ont ete le premier evenement Europeen. 
 Avant les croisades, on n'avait jamais vu FEurope s'emou- 
 voir d'un meme sentiment, agir dans une meme cause ; il 
 ny avait pas d'Europe 3 ." The effect of the Crusades, 
 internationally in regard to Christian States, was to reduce 
 the number of wars by diminishing fiefs, and thereby 
 necessarily lessening the number of those who could 
 carry on war 4 . Their influence in regard to the relations 
 between Christian and Mahometan States will be treated 
 of in a future chapter. 
 
 Those European countries which, when the disorders 
 of the Middle Ages began to subside, yet remained to be 
 
 i Ward, Vol. I. chs. 10 and 11. 
 
 a The first crusade took place in 1095. 
 
 3 Guizot, 8th Lecture. 
 
 4 "Elles (les croisades) ont beaucoup diminue le nombre 
 des petits fiefs, des petits domaines, des petits proprietaires des 
 fiefs ; elles ont concentre la propriete et la pouvoir dans un 
 moindre nombre de mains:" Ibid. 
 
30 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 converted or reconverted, date the commencement of 
 their civilisation from their conversion ; and the Northern 
 and Western portions of them naturally at once formed 
 part of the Western States of Christendom, their conver- 
 sion having been brought about by the labours of the 
 clergy of the Latin Church. Mention will be made here- 
 after of those European countries which owe their conver- 
 sion to the Eastern Empire, but they, after the fall of 
 Constantinople, and especially after the changes which the 
 Reformation brought about, also formed part of the great 
 commonwealth of States composed of the nations of 
 Western Europe. 
 
 In this manner did the Christian Religion become 
 permanently established in Europe, and accordingly the 
 nature of its influence upon International Law can now 
 be considered. Its first effect was to moderate the cala- 
 mities of war. This is especially seen in the command 
 of Alaric on the taking of Rome, to spare the unresisting; 
 and when it is remembered by whom and to what people 
 that command was given, the progress of the Christian 
 Goths, as well as their whole conduct on that occasion, is 
 really extraordinary 1 . In the course of time, Christianity, 
 having obtained a greater hold on the invading nations, 
 restrained their ceaseless wars and feuds by the Treugae 
 Canonicse, three truces established under the authority of 
 the Church, the first lasting from every Thursday to Sunday, 
 both inclusive, the second from Advent to the eighth day 
 
 1 St Augustine, De Civitate Dei, Lib. I. ch. 6 ; Gibbon, ch. 31 
 
CH. II. J ON INTERNATIONAL LAW. 31 
 
 after the Epiphany, and the third from Septuagesima to 
 the eighth day after Easter 1 . In these periods all warlike 
 actions were forbidden under penalty of excommunication, 
 and though these truces may not have been very strictly 
 observed, they, as well as certain other limitations of war 
 prescribed by the canons 2 , of which the following are 
 illustrations, show the nature of the influence exerted by 
 Christianity. 
 
 The Treuga Domini is thus defined in the first chapter 
 of the Acts of the celebrated Council of Claremont, a. d. 
 1095, " Statutumest, ut in omni die et monachi et clerici,. 
 et feminse et quae cum eis fuerint, in pace permaneant. 
 Tribus autem diebus, scilicet secunda, tertia, et quarta ab 
 aliquo alieni illata non reputabitur pacis fractio ; quatuor 
 
 1 " Sed neque omni tempore licet bella gerere et hostilia 
 tractare, canon enim prima de treuga et pace quosdam dies 
 interdicit jovis scilicet veneris, sabbati ac dominirae. Pro- 
 hibentur et bella cunctis diebus quae sunt inter adventum 
 Domini et octavam Epiphanise et a septuagesima usque ad 
 octavam Paschae : appellaturque hsec treuga canonica sive lega- 
 lis ad differwitiam ejus qua; est in consensu ducum." !P. 
 Bellini, De Re Militari, Pars II. tit. 10. In Tractatu Tractatuum, 
 Tom. xvi. It may bo as well to remark, on account of the 
 great circulation of Robertson's works, that although Thursday 
 is here stated to have been included in the weekly Treuga 
 Domini, whereas it is omitted by him (Charles V., note 21 to 
 sec. 1, Introductory) ; the statement given in the text is the 
 correct one. Should the reader be desirous of observing some 
 of that historian's strange inaccuracies, they will be found 
 pointed out in Maitland's Dark Ages, Nos. 2 and 3. 
 
 2 Grotius, De Jure, Lib. m. ch. 12. 4. 
 
32 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 autem reliquis diebus si quis alieni injuriam intulerit, 
 fractionis sanctse pacis reus habeatur, et prout judicatum 
 fuerit puniatur." In the twenty-first chapter of the coun- 
 cil of the Lateran of 1179, in the pontificate of Alexander 
 the Third, it is thus expressed, " Treugas a quarta feria 
 post occasum solis usque ad secundam feriam in ortum 
 solis et ab Adventu Domini usque ad octavas Epiphanise, 
 et a Septuagesima usque ad octavas Paschae ab omnibus 
 inviolabiliter observari prsecipimus : " the bishop of the 
 diocese was to excommunicate whoever should disregard 
 this canon, unless satisfaction was afforded at latest on 
 the third demand. The twenty-second chapter of the 
 same Council commences thus " Innovamus ut Presbyteri, 
 Monachi, Oonversi, Peregrini, Mercatores, Rustici, euntes 
 vel redeuntes, vel in Agricultura existentes, et animalia 
 quibus arant, et semina portant ad agrum, congrua securi- 
 tate lsetentur." The title of the tenth chapter of the 
 Concilium Avenionense in 1209, is "Ut ad pacem servan- 
 dum etiam inviti cogantur;" and stringent regulations in 
 regard to peace and peace-breakers were in 1214 provided 
 by the Concilium Montempessulanum, chapters 32 — 39. 
 The Concilium Tolosanum in 1229 decreed peace in the 
 south of France for at least fourteen years, and the 
 Concilium Melodunensis in 1232 strongly remonstrated 
 with the Count of Toulouse for his bad observance of the 
 peace he had made four years previously. And it may be 
 observed in conclusion of these remarks, that the object 
 of the Conventus Episcoporum in 1199, and of the Con- 
 
CH. II.] ON INTERNATIONAL LAW. 33 
 
 cilium Meldense in 1204, was to conclude peace between 
 England and France 1 . 
 
 Nor were these efforts of the Church to promote peace 
 productive of but few and temporary results. Alphonso 
 of Carthagena points out the pacific character of the 
 reigns of the Gothic kings of Spain, many of whom, though 
 they reigned long, carried on no wars 2 . And one of the 
 charges brought against Louis le De"bonnaire was, that he 
 had unnecessarily called out a general expedition during 
 Lent, a season during which it was even then considered 
 right to cease waging war 3 . 
 
 Many princes were distinguished for a peace-loving 
 and peace-making character, even in those turbulent 
 times ; such were the Emperor Henry the seventh, Kupert 
 king of the Romans, and St Louis; and the popes, 
 St Gregory the Great, Alexander the third, Clement the 
 sixth, and Benedict the ninth. All these, whenever they 
 had an opportunity, laboured assiduously to preserve and 
 promote peace. This was also a duty especially pre- 
 scribed to legates, in discharging which they received 
 much assistance from the bishops and abbots of the 
 countries to which they were accredited. 
 
 1 The aboye extracts and notices of councils are taken from 
 the collection entitled Sacrosancta Concilia,. 
 
 2 In Mores Catholici, Vol. IX. p. 237. 
 
 3 The third charge begins thus : " III. Quia contra Christi- 
 anam obligationem et contra votum suum sine ulla utilitate 
 publica aut certa necessitate pravorum consilio delusus in 
 diebus Quadragesimse expeditionem generalem fieri jussit." 
 Historice Francorum Scriptores, Tom. it. p. 333. 
 
 3 
 
34 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 It was the reaction against the unhappy state of things 
 which the wars of the Middle Ages prolonged in Western 
 Europe, that caused, particularly in Italy, the preach- 
 ing of many friars, who earnestly sought to establish a 
 general peace, to be attended with such success. No one 
 was more successful than Friar John of Vicenza, who, in 
 the first half of the thirteenth century, traversed great 
 part of Italy reconciling towns as well as individuals *. 
 Two centuries later St Bernardine's preaching was at- 
 tended with similar results 2 . 
 
 Of a similar nature was that strange movement which, 
 in the last years of the fourteenth century and commence- 
 ment of the fifteenth, extended itself over great part of 
 Europe, when multitudes clothed in white passed from 
 place to place preaching and establishing peace between 
 rival cities and chiefs. The rise of this general popular 
 manifestation is thus described by an ancient annalist of 
 the House of Este: " Eodem anno 1399. Fuit in Italia 
 aliis quasi omnibus nationibus Christianis quidam mira- 
 bilis motus ceremoniarum et lieligionis, quse dicebatur 
 I BiancJii. Quse primum habuit initium in regno Granatae 
 Hispaniensis, sicut ab ipsius religionis auctoribus et 
 primitivis referebatur. Fuerunt enim in regno illo Gra- 
 natae nonnulli viri, nonnullseque mulieres, qui ceremonias 
 ejusmodi incoeperunt, circumponentes singuli linteamen 
 lineum album in modum clamidis crispatum ad collum, et 
 
 1 Mores Catholici, Vol. ix. ch. 12. Sismondi's Italian Re- 
 publics, Tom. n. p. 372. 
 
 2 Mores Catholici, Vol. IX. pp. 447, 8. 
 
CH. II. J ON INTERNATIONAL LAW. 35 
 
 ibant per civitates et oppida in formam processionis ca- 
 nentes cantilenas vulgares deprecatorias ad Deum pro 
 salute humani generis, et per crebra gressus sui intervalla 
 genu flexo alte vociferantes Misericordia Deo, Miseri. 
 cordia. Hi ad tales ceremonias allicuerunt totas Hispa- 
 nias in civitatibus et oppidis quibuslibet cum omnium con- 
 cui-su admirabili sic se induentium linteaminibus albis, in 
 processiones prodeuntium. Quidam ex ipsis deinde in 
 Gallias, in Angliam, in Germaniam, et alias longinquas 
 Christianorum regiones pergentes ultra quam credi potuit 
 universos populos ad easdem ceremonias inducebant. 
 Aliqui in Liguriam et Lombardiam declinarunt similiter 
 facientes, fee. 1 " He then relates their progress through 
 Italy, and the results of this extraordinary movement. 
 
 These events and circumstances, which were all imme- 
 diately derived from the influence of Christianity, were 
 productive of much good, and in a great measure alleviated 
 the evils which arose from the peculiar political system of 
 those ages. 
 
 Another instance of this influence is furnished by the 
 declaration of the Polish delegates at the congress of 
 Breslau, which met in consequence of the steps taken 
 by the Council of Bale to decide the rival claims of 
 Casimir of Poland and Albert of Austria to the throne 
 of Bohemia. This suggestion was, that a diet of that 
 country should freely decide the question, and was 
 grounded on the sympathy they entertained for " a nation 
 
 i Jacobus de Delayto, in Muratorii Rerum Italicarum Serip- 
 tcres, Tom. xvm. pp. 956, 7. 
 
 3—2 
 
36 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 of the same language with the Poles, and for the good 
 of Christianity 1 ." Similar to these was the advice of 
 St Louis to his successor, on his death-bed. To take 
 heed not to go to war without deep reflection, and unless 
 of necessity ; and then to take care that neither the 
 clergy nor those who had not injured him should suffer 2 ; 
 and Du Guesclin, when dying, enjoined his followers 
 " Souvenez vous que partout ou vous ferez la guerre, 
 les eccle"siastiques, le pauvre peuple, les femmes et les 
 
 1 Krasinski's Religious History of the Slavonic Nations, p. 99. 
 
 2 " Chier fluz, je t'enseigne que tu te gardes a ton pooir, 
 que tu n'aies guerre a nul Crestien ; et s'il te fesoit aucunes 
 injures, essai pluseurs voies a. savoir se tu peusses recouvrer ton 
 droit, aingois que tu feissez guerre : et aies entente tel que ce 
 soit, pour eschiver les pechiez qui sont fez en guerre. Et se il 
 avenoit que il te convenist fere guerre, ou pource que aucun de 
 tes hommes defoillist de prendre droit en ta court, ou il feist 
 injure a aucune eglise ou a. aucune autre persone, quele que 
 ele fust, et ne le vosist amender pour toi ou pour aucune autre 
 cause resonnable; quele que la cause soit pour laquele il te 
 conveigne fere guerre, commande diligaument que les poures 
 genz qui n'ont corpes en forfet, soient gardez <jue damage ne 
 leur viegne, ne par ardoir leur biens, ne par autre mauiere ; 
 car il apartient miex a toi que tu contreignes le maufeteur en 
 prenant les choses, ou ses villes, ou ses chastiaus par fore de 
 siege, que ce que tu degastasses les biens des poures genz ; et 
 pourvoi que ain9ois que tu mueues guerre, que tu aies eu bon 
 conseil que la cause soit mout resonnable, et que tu aies bien 
 amoneste le maufeteur, et que tu aies atendu tant comme tu 
 devras. Chier fluz, encore t'enseigne que tu entendes dili- 
 gaument a apesier a ton pooir les guerres et les contens qui 
 seront en ta terre ou entre tes hommes, que c'est une chose qui 
 mout plest a, nostre Seigneur." Tenor of St Louis's Letter 
 to his son and successor. Duchesne, Tom. v. p.- 448. 
 
CH. II. J ON INTERNATIONAL LAW. 37 
 
 enfants, ne sont point vous ennemis, que vous ne portez 
 les armes que pour les de"fendre et les prote'ger 1 ." 
 
 The Manual entitled L'Arbre des Batailles, written 
 by the Prior Honore" Bonnor in the reign of Charles the 
 fifth of France, one of the earliest professed treatises 
 on a portion of international law, contains many rules 
 of limitations of war, which the general prevalence of feel- 
 ings of this nature had caused to be observed. In the 
 84th chapter it is stated, that battles should be avoided 
 if possible on holy days, though those who might be 
 attacked on such days were perfectly justified in defend- 
 ing themselves. In the 86th chapter, the question, whether 
 those who fall in battle are saved, is discussed at length ; 
 the first presumption is that they are not, for that being 
 in anger and evil passions at the time of their death, 
 they die in a state of mortal sin. Three conclusions 
 however, are drawn : 1st, that those who die in a just 
 war undertaken for the faith, and are not in a state of 
 mortal sin ; and 2ndly, those who die in a just war for a 
 just cause ; are saved. But that, 3rdly, those who fall in 
 an unjust war for an unjust cause, are not. The 122nd 
 and 123rd chapters exempt churchmen and pilgrims from 
 war; and the benefits of this exemption are afterwards 
 extended to infirm and diseased persons, and others : 
 and the rules laid down in chapters 105 — 8, respecting 
 affording students, natives of belligerent countries, faci- 
 lities to frequent, during war, the universities of the 
 
 1 Digby's Tancredus, p. 116. 
 
38 INFLUENCE OF CHRISTIANITY [PT. I, 
 
 enemy's country, and permitting their near relatives to 
 visit them, would probably exceed the moderation with 
 which war is carried on even now. 
 
 Of the same nature are the views of Victoria in 
 regard to war " Nunquam licet per se, et ex intentione 
 interficere innocentem. Probatur primo Exod. xxiii. 
 Insontem et justum non occides. Secundo fundamentum 
 justi belli est injuria, ut supra ostensum (sec. 13. Unica 
 est, et sola caussa justa inferendi bellum, injuria accepta) : 
 sed injuria non est ab innocente: ergo non licet bello 
 uti contra ilium. Tertio non licet in Republica pro 
 delictis nialorum punire innocentes : ergo nee pro injuria 
 malorum licet punire innocentes apud hostes :" and after 
 showing that this reasoning applied also to wars with 
 the Turks, he says, "imo idem videtur judicium de 
 innoxiis agricolis apud Ohristianos, imo de alia gente 
 togata et pacifica, quia omnes preesumuntur innocentes 
 nisi contrarium constaret. Hac etiam ratione sequitur 
 quod nee licet interficere nee peregrinos, nee hospites, 
 nee versantur apud hostes, quia prsesumuntur innocentes 
 nee re vera sunt hostes 1 ." 
 
 Clemency towards captives was also advocated through 
 the influence of Christian doctrines. Alcuin, the most 
 distinguished writer of the time of Charlemagne, with 
 whom he was on familiar terms, and who composed 
 commentaries on many parts of Scripture, writes as 
 follows to the Emperor, recommending him to show 
 
 1 Francisco a Victoria Relectiones Theological, Relec. vi. De 
 Jure Belli, § 35. 
 
CH. II. J ON INTERNATIONAL LAW. 39 
 
 clemency to his prisoners : " Domine mi, memor sit 
 pietas vestra captivorum, dum est Pappinus tuus tecum, 
 propter gratiarum actiones mirabilis beneficii, quod vobis- 
 cum de Hunis divina fecit dementia : et propter prosperi- 
 tatem imminentium rerum : ut clementissima illius potentia 
 omnes adversarios sui sancti nominis vestris velociter sub- 
 jiciat pedibus 1 " 
 
 The effusion of Christian blood was condemned in 
 general terms by the different codes composed during and 
 after the reign of Charlemagne 2 ; and especially by a league, 
 in 1054, between the nobles of the south of France, for 
 the better observance of the Treuga Domini and for the 
 cessation of hostilities on certain saints' days 3 . And the 
 preceding remarks will have shown how effectual a re- 
 straint this general feeling placed both on the wars of 
 Christian nations and on what has been incorrectly term- 
 ed the right of private war, by which any individual who 
 considered himself injured also considered himself at liberty 
 to take up arms on his own behalf. The influence of the 
 Papacy will be more fully referred to below ; but it must be 
 here observed that the popes and the clergy generally 
 appeared everywhere in the character of mediators in 
 international disputes: the so justly praised conduct of 
 St Ambrose to the Emperor Theodosius on the occasion 
 of the massacre at Thessalonica, though not strictly 
 
 1 Alcuin's Epistles. Letter 90. 
 
 2 Ward's Law of Nations, Vol. n. p. 15. Mores Catholici, 
 Vol. ix. p. 266. 
 
 3 Du Mont, p. 7. 
 
40 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 applicable as a case in point here, may be cited to show 
 the manner in> which the clergy exercised their influ- 
 ence. 
 
 In accordance with the principle which actuated the 
 conduct of St Ambrose are, the letter of Pope Alexander 
 the third to Henry the second of England, recommending 
 peace with France 1 ; the efforts of the Cardinal of Perigord 
 to prevent the battle of Poictiers, who obtained one day's 
 truce, and endeavoured in vain to prevail on the French to 
 offer reasonable terms 2 : and the intercession of the Cardi- 
 nal of Albany, at the capture of Montpelier by the duke 
 of Anjou, which obtained the reversal of the sentence 
 pronounced against the inhabitants, by which six hundred 
 had been condemned to death, and the rest to perpetual 
 slavery 3 . All these interferences were expressly grounded 
 on precepts prescribed by the Christian Eeligion. 
 
 Slavery, though more strictly a question of polity, is 
 perhaps not wholly out of place to be treated of here; 
 especially as the slavery of the Middle Ages was not the 
 effect of sensuality as among Mahometans, or of com- 
 merce as in more modern times, but owed its origin to war. 
 It was from the age of Gregory the Great that slavery 
 
 l Dated from Viterbo, Sept. 1162. Rymer's Foedera,!. p. 21; 
 the author regrets that its length prevents its being cited. It 
 may be stated generally that this volume of Rymer contains 
 many documents illustrative of the above remarks respecting 
 the nature of the influence of the clergy. 
 
 a Froissart, Vol. I. ch. 159. 
 
 s Ward's Law of Nations, Vol. II. pp. 51 — 54. 
 
CH. II.] ON INTERNATIONAL LAW. 41 
 
 began gradually to disappear in Europe 1 . Its disappear- 
 ance is another of the blessings Europe owes to Chris- 
 tianity 2 . In the words of Mr Ward, " the professed and 
 assigned reasons for most of the charters of manumission, 
 from the time of Gregory the Great till the thirteenth 
 century, were the religious and pious considerations of the 
 fraternity of men, the imitation of the example of Christ, 
 the love of our Maker, and the hope of redemption. 
 Enfranchisement was frequently given upon a death-bed 
 as the most acceptable service that could be offered ; and 
 when the sacred character of the priesthood came to 
 obtain more universal veneration, to assume its functions 
 was the immediate passport to freedom 3 ." It is the 
 general tendency of the precepts of Christianity that is 
 contrary to slavery, rather than any particular or positive 
 expression. No distinction is allowed in them to exist 
 between the bond and the free 4 , all men are declared to 
 be equal in the sight of God 5 , and Christians are enjoined 
 to look upon all mankind as members of one family, and 
 
 i Ward's Law of Nations,Yo\. n. p. 26. 
 
 2 Whewell's Elements of Morality, Art. 427 ; Manning's Law 
 of Nations, p. 156; Guizot, Civilisation en Europe, 6 eme Lecon ; 
 Paley's Evidences, Part m. ch. 7 ; Hallam's Middle Ages, ch. 2, 
 part ii ; Temporal Benefits of Christianity, pp. 170, 171 ; in Ap- 
 pendix, Note C, mention is made of many councils which con- 
 demned or decreed modifications of slavery. 
 
 3 Ward's Law of Nations, Vol. i. p. 229. 
 * Coloss. iii. 11. 
 
 5 Acts x. 34. Rom. ii. 11. Ephes. vi. 9. 
 
42 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 mutually to regard their fellow-Christians as brethren 1 . 
 The Saxon laws prohibited, from Christian motives, the 
 sale of Christians out of the country or to Pagans 2 : the 
 third Lateran Council in 1179 declared that all Christians 
 ought to be exempt from slavery 3 : and king Magnus 
 Ericson of Sweden, in 1335, declared that in future, in his 
 territories, no one born of Christian parents should be or 
 be called a slave 4 . 
 
 The nature of the influence of Christianity in mode- 
 rating the calamities of war and their immediate effects 
 having been now shown, its influence in preventing war 
 may properly next be considered. This was principally 
 derived from the Gospel precepts to regard all mankind 
 as members of one family, from the stress laid on the 
 love Christ's disciples were to bear to one another, it 
 being expressly declared to be their distinguishing mark : 
 " By this shall all men know that ye are my disciples, if 
 ye have love one to another 5 ." This command is also 
 expressly extended to their enemies, and numerous pas- 
 sages teach Christians to do good at all times, without 
 exception, to all men, though especially to those of the 
 household of faith. 
 
 In every age, notwithstanding the corruptions and 
 abuses which crept into the Western Church, the Word 
 
 1 St Matt, xxiii. 8. 
 
 2 Ward's Law of Nations, Vol. n. pp. 28 — 31. 
 
 3 Ibid. 
 
 4 Geijer's History of the Swedes, ch. 4. 
 6 St John xiii. 35. 
 
CH. II.] ON INTERNATIONAL LAW. 43 
 
 of God remained the same, and the constant study of it 
 by a large body of men especially devoted to teaching the 
 Christian religion and performing its sacred offices, neces- 
 sarily caused its doctrines to produce a very considerable 
 effect; more particularly as the learning of the Middle 
 Ages was almost exclusively theological 1 : and this was 
 extended further by the institution of the different orders 
 of Eegular Clergy, who exerted in this respect a very 
 beneficial influence 2 . The precepts of Christianity, and 
 the considerations deduced from them, reduced the number 
 of causes on account of which war would have been under- 
 taken ; for, by introducing among the rude nations of the 
 North more correct ideas of what was just and right than 
 those which they had previously held, and by causing 
 them to understand that mere might can in no case con- 
 stitute either absolute or relative right, the slight and 
 frivolous grounds on account of which war would have been 
 engaged in, in former times, began to be looked upon as 
 unlawful ; and the dread of punishment in a future life 
 exercised a wholesome restraint on the minds of those 
 who were regardless of what might befall them on earth. 
 War was therefore not so eagerly or hastily entered upon 
 as before ; and time was thus afforded for passion to cool, 
 and the result of the conflict to be calmly calculated. 
 This also allowed time for mediation to be either suggested 
 by one of the contending parties, or offered by a neutral 
 
 1 Maitland's Dark Ages, p. 187. 
 
 2 Ibid. pp. iv. and y. Temporal Benefits of Christianity, 
 pp. 102, 103. 
 
44 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 power, at a period when its advantage would be more 
 likely to be seen and the offer consequently accepted 1 . 
 
 Christianity also indirectly tended to prevent wars by its 
 general influence on the manners of the invading nations. 
 An example of this may be seen in Adam of Bremen's 
 account of the Danes after their conversion, where he 
 states that laying aside their piratical manners they culti- 
 vated their own country, and lived at home a quiet and 
 contented life 2 . This description mutatis mutandis may be 
 applied to the other nations after their conversion: and in 
 our own days its accuracy has been strikingly shown by 
 the similar change produced in the manners and customs 
 of the native populations of many of the South Sea islands, 
 and more particularly in New Zealand 3 . 
 
 1 Perhaps the earliest amicable settlement of difficulties 
 by mediation in a regular manner is that of which an accouut 
 is contained in Rymer's Fcedera, I. p. 43, to terminate certain 
 differences between Castile and Navarre by reference to Henry 
 2nd of England, the agreement to make, and abide by, this 
 reference, is regularly drawn up in 28 articles ; and Henry's 
 decision, which is given at p. 48, is drawn up in a like regular 
 manner, and signed by many of the most eminent persons of 
 England. 
 
 2 " Ecce populus ille piraticus a quo totas olim Galliarum 
 et Germanise provincias legimus depopulatas suis nunc finibus 
 contentus est... Ecce patria ille horribilis semper inaccessa 
 propter cultum Idolorum et Scythicae non mitior ara Diana;, 
 deposito jam naturali furore prsedicatores ubique certatim ad- 
 mittit, destructisque Docmonum aris Ecclesise passim eriguntur." 
 De Situ Dan. ad fin. 
 
 3 " The first effect of Christianity was to lead the people 
 to give up that system of warfare which had made every 
 
CH. II. J ON INTERNATIONAL LAW. 45 
 
 The imperfect civilisation of the Roman world and 
 the barbarous manners of the invading nations, after 
 centuries of continuous wars and disorders, naturally 
 caused strangers to be regarded as spies, and they were 
 accordingly liable to be either put to death, or reduced to 
 slavery. The influence of Christianity abrogated this 
 barbarous custom, and enjoined hospitality to be shown 
 them; this especially appears from various laws of the 
 Bavarians, Hungarians and Saxons 1 . 
 
 So great had been the depravity of manners in this 
 respect, that the dreadful practice of robbing and pillaging 
 shipwrecked persons was generally prevalent, and severe 
 enactments had to be made against it. The third council 
 of the Lateran, whose labours we have had often before 
 to refer to, decreed as follows respecting this practice, and 
 piracy : " Excommunicationis quoque poense subdantur, 
 qui Romanos, aut alios Ohristianos, pro negotione vel 
 
 tribe the enemy of its neighbours ;" they lived in fortified 
 villages, and had no feeling of security : now it is quite 
 otherwise, agriculture has been extended, and the principles 
 of commerce made known : " this alteration had its beginning 
 therefore in Christianity, which has introduced a state of peace 
 before unknown, and the opportunity of giving the attention 
 to quiet pursuits." Archdeacon Williams, in the Church Mis- 
 sionary Record for 1852. 
 
 1 Ward's Law of Nations, Vol. II. pp. 12 — 14. "By a law 
 of the Hungarians, the lateness of whose conversion (begun in 
 the 10th and not completed until the ]3th century) gives us 
 opportunity to mark more immediately the effect of the new 
 religion, benevolence towards strangers is enjoined for the 
 sake, and after the example, of Christ." 
 
46 INFLUENCE OF CHKISTIANITY [PT. I. 
 
 aliis causis honestis navigio veetos, aut capere, aut rebus 
 suis spoliare prsesumunt. Illi etiam qui Christianos nau- 
 fragia patientes, quibus secundum regulam fidei auxiliari 
 tenentur damnanda cupiditate rebus suis spoliare prae- 
 sumunt, nisi ablata reddiderint, excommunicatione se 
 noverint subjacere 1 ." The Boles d'Oleron ordained severe 
 punishments for so heinous an offence 2 , and as they were 
 either copied into, or formed the basis and model of the 
 maritime laws of Flanders, the cities of the Baltic, and 
 other Northern Maritime States 3 , they were of con- 
 siderable influence in gradually putting an end to this 
 barbarous usage. By these means, and the extension 
 of civilisation, Christianity laid the foundation of those 
 facilities of international intercourse which now exist in 
 civilised countries. 
 
 Mention has already been made of the influence of 
 the clergy ; it will now be more fully noticed. We need 
 not trace minutely the manner in which the bishops of 
 Borne obtained the direction of the Western Church, but 
 their political influence requires to be fully treated of. 
 The organisation of the clergy, a body of men taken from 
 and associating with all ranks of the community 4 , and by 
 means of a common head connected with foreign countries, 
 together with the advantages of a regular education almost 
 exclusively belonging to them, caused them to possess 
 
 1 Ch. 24. 
 
 2 Pardessus, LoisMaritimes, Vol. I. p. 346; Ward, Vol. n. p. 3S2. 
 
 3 Pardessus, Vol. I. ch. 8. 
 
 4 Guizot, Civilisation en Europe, 6 eme Lecon. 
 
CH. II.] ON INTEKNATIONAL LAW. 47 
 
 more enlightened views than those held by other classes. 
 It also tended to dispel amongst them those prejudices in 
 regard to foreigners then especially so generally enter- 
 tained, at least on occasions when their own interest was 
 not, or was not thought to be, concerned. The practice 
 of auricular confession, by bringing before them the 
 actions and even thoughts of all classes of the people, 
 greatly augmented their previous influence. This was 
 further increased by the gradual development of the new 
 doctrines of faith introduced by the Eoman See in the 
 course of the Middle Ages, and by the state of dependence 
 on the pope into which the churches of Western Chris- 
 tendom more or less fell : so that at length the spiritual 
 despotism of the popes became complete, the occasional 
 revolt against their authority of some sections of the 
 people, as the Waldenses and Hussites, mainly showing 
 the firmness and extent of their sway. 
 
 In the mean time the papacy had become a temporal 
 power, and this circumstance was productive of very im- 
 portant results in after ages. The progress of events had 
 early caused the pope to become temporal ruler of Home 
 and its vicinity ; and the reciprocal services rendered by 
 the popes and the great sovereigns of the house of Charles 
 Martel, caused each to continue on good terms with the 
 other, and augmented the power of both. But when the 
 empire had been transferred to Germany, the tendency of 
 events was to re-establish, in Western Europe at least, 
 a paramount sovereign, as was especially the case under 
 Conrad the second, Otho the Great, and Henry the third > 
 
48 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 and the papacy had become under the latter merely the 
 first bishopric in the emperor's gift 1 . This was a very 
 different state of things from that which had existed two 
 centuries and a half before, when pope Leo had proclaimed 
 Charlemagne, Augustus and Emperor of the West. And 
 Hildebrand, when, in 1073, he ascended the papal throne 
 as Gregory the seventh, determined to adopt such mea- 
 sures as should effectually prevent the restoration of a 
 temporal universal empire ; and at the same time esta- 
 blish the spiritual supremacy of the Roman see, as well as 
 preserve for it a supervision in the domestic affairs of 
 other countries 2 . Had the empire been re-established, 
 evil results would probably have arisen from the papacy 
 being in the emperor's uncontrolled gift, and if a variety 
 of independent Christian powers were to coexist instead, 
 greater evils would have resulted from the popes being 
 mere subjects of any one of those states. But the views 
 of the papacy after the accession of Hildebrand were by 
 no means confined to a middle course. The times espe- 
 cially favoured their enterprise of reducing secular powers 
 to a state of dependence on them. The Canon Law pro- 
 vided rules for every emergency of daily life ; and, in the 
 twelfth century, every institution had become pervaded 
 with the influence of the Church. The extreme violence 
 with which it pleased the monarchs of the Middle Ages to 
 carry out their wishes, and the ultra party spirit which 
 prevailed in the free states, caused the suicidal policy of 
 
 1 Ranke's History of the Popes, Vol. I. ch. 1. § 3. 
 
 2 Hallam's Middle Ages, ch. 7, pt. 1. 
 
CH. II.J ON INTERNATIONAL LAW. 49 
 
 invoking papal intervention to be the only course by which 
 even temporary redress could be obtained ; and further, in 
 the differences which arose between the popes and different 
 sovereigns, the latter were almost invariably in the wrong. 
 Things were in this state when Innocent the third 
 was elected pope, in 1198. He was the greatest states- 
 man of his age, of boundless capacity, and indefatiga- 
 ble activity. His pontificate was the most successful 
 period of that system "which held forth redress where 
 the law could not protect, and punishment where it could 
 not chastise ; " when there was "no interest so insignificant 
 or isolated that it did not affect, nor any member of the 
 body politic it did not attempt to direct." Innocent laid 
 an interdict on France, and thus compelled Philip Au- 
 gustus to receive again his queen, whom he had unjustly 
 divorced. He ordered Richard the first of England to 
 abandon a war in which he was engaged against France. 
 The king of Navarre was directed to restore to Richard 
 some castles he had improperly retained. The kings of 
 Castile and Portugal were informed that his legate would 
 preserve peace between them, " if necessary by excommu- 
 nication and interdict." The king of Leon is compelled 
 to acknowledge the invalidity of his marriage with his 
 cousin ; and the king of Aragon is directed to restore the 
 value of the coinage which he had debased ; and he as 
 well as John of England surrendered his kingdom as a 
 fief to the Roman See. In Norway, Swero is excommu- 
 nicated for usurping the crown. Advantageous terms in 
 regard to investitures and episcopal elections were obtained 
 
 4> 
 
50 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 from Otho the fourth, of Germany; and the king of Hun- 
 gary, who had detained a legate, is told that Innocent 
 "might be compelled to prevent his son's accession to the 
 throne." During Innocent's pontificate also a tempo- 
 rary reunion was made with the Eastern Church, and the 
 kings of Bulgaria and Armenia acknowledged his spiritual 
 supremacy 1 . 
 
 Such was the international conduct of this the great- 
 est of the popes, carried out with the same high hand 
 during his long reign of' twenty-eight years ; but his 
 conduct was too arbitrary even for that age, and first 
 decidedly attracted the attention of all Christian nations 
 to the real tendency of papal pretensions. No one of 
 his ability succeeded, and though the result of the quarrel 
 between the Emperor Frederic the second and Innocent 
 the fourth was favourable to the latter, a reaction was 
 ensuing, which showed itself in the successful resistance 
 made by Philip the Fair against Boniface the eighth. 
 This was the more severe blow inasmuch as public opinion, 
 which always prevails, then, probably for the first time, 
 unequivocally declared against the papacy ; and similar 
 instances of successful resistance occurred in other coun- 
 tries. Time might have remedied this, and the real history 
 of these transactions might have ceased to have been 
 understood, but the great schism in 1378, which was not 
 terminated till the election of Martin the fifth in 1417, 
 and the opposition between the councils of Constance and 
 
 1 Hallam's Middle Ages, ch. 7, pt. 1. Temporal Benefits of 
 Christianity, ch. 4. 
 
CH. II.] ON INTERNATIONAL LAW. 51 
 
 Basle and the papacy, further weakened the latter. By 
 this time also the Lollards and Hussites had caused views 
 to be held and opinions discussed, which were subversive 
 of the extreme authority of Rome. Ranke shows how 
 many concessions had been made by that See in the 
 fifteenth century, and how different its influence was then 
 from what it had been two centuries previously 1 . A 
 great change too had come over the older modes of 
 thought and opinions of the middle ages. Secular views 
 and objects were solely regarded 2 , and the rude violence 
 and enthusiastic devotion of former times alike subsided 
 into a cold and calculating spirit of selfishness. The 
 popes themselves acquiesced in and followed out this new 
 policy. They mixed themselves up with the petty in- 
 trigues of Italian states and cities ; and each considering 
 himself solely as an Italian temporal prince, employed 
 alike his spiritual and temporal influence to further his 
 personal designs, or to gratify his private resentments 3 . 
 The policy of the papacy as originated by Gregory, and 
 so completely carried out by Innocent, was no longer the 
 only and ruling object of each succeeding pontiff. 
 
 Sixtus the fourth and Alexander the sixth initiated 
 the peculiar policy of endeavouring to found principalities 
 for members of their own families. Julius the second gave 
 this a different direction by his attempt, in some degree 
 successful, to extend the papal states 4 : but as regards the 
 
 i Ranke's History of the Popes, Vol. I. ch. 1, § 4. 
 2 Ibid. ch. 2, $ 2. 3 ibid. ch. 2, § 1. 
 
 * Ibid. ch. 2, § 1. 
 
 4—2 
 
52 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 papacy the result either way was ruinous; the popes, 
 more than any one else, overthrew the independence of 
 Italy; and their influence fell with its independence, and 
 on being mixed up with local interests and intrigues. It 
 is very important to observe that by these means the 
 temporal and spiritual interests of the papacy became 
 opposed, especially as this passion for territorial aggran- 
 disement prevailed; and when popes, as Leo the tenth, 
 and Clement the seventh, were connected with Italian 
 sovereign houses 1 , the dissensions which this circum- 
 stance gave rise to greatly facilitated the Reformation, 
 and the emancipation thereby afforded as well from the 
 spiritual as from the temporal despotism of modern Rome. 
 The fact of one particular man 2 , who could be a 
 native of any country, being chosen to fill the Roman 
 see, and by that means becoming during a consider- 
 able portion of the middle ages the de facto premier 
 sovereign of Europe, is peculiar to Christendom. The 
 Popes, before the Reformation, were not unfrequently 
 natives of transalpine countries 3 ; they had often when 
 
 1 Ranke's History of the Popes, Vol. i. ch. 3. 
 
 2 " It was reserved for the Christian nations alone uni- 
 formly to obey — though dissimilar in origin, character, and 
 language, and often disunited by opposing interests — one par- 
 ticular man, taken promiscuously from among them to expound 
 their religious duties, and be their director in points of con- 
 science." Ward, Law of Nations, Vol. n. p. 33, also pp. 37-50. 
 
 3 In the enumeration of the popes contained in the cele- 
 brated Spanish work, Clave Historial, up to Leo the tenth, three- 
 fourths had been natives of Italian states, and the rest of other 
 parts of Christendom. 
 
CH. II.] ON INTERNATIONAL LAW. 53 
 
 cardinals visited foreign courts in the capacity of legates, 
 and thus acquired personal acquaintance with the manners 
 and institutions of foreign countries. 
 
 The high respect paid to the clergy in general, neces- 
 sarily caused great reverence to be shown to their head. 
 Disputed claims were laid before him, and his mediation 
 and protection invoked ; and it is probable that from this 
 circumstance arose the system of mediation so much 
 resorted to in later times, and by which war has been so 
 often averted. The custom of appealing to neutral na- 
 tions, in regard to the justice of any cause in which a 
 nation may be engaged, probably also derived its origin 
 from the appeals and justificatory notes addressed to the 
 popes 1 . Though in the earlier general councils of the 
 Church (another institution entirely owing its origin to 
 Christianity) only questions of doctrine and discipline 
 were discussed and settled ; yet in the councils of the 
 West, on the increase of the papal influence, temporal 
 questions were also considered, and international disputes 
 
 1 "It is not improbable that the custom of appeal to 
 neutral powers on the breaking out of war, arose from this 
 influence of the pope in the Christian republic. Habituated 
 to lay their grievances before him on all occasions, and to 
 justify their conduct when it appeared to be necessary, the 
 transition was easy from him to other princes, and the con- 
 nexion between the various potentates growing closer and closer, 
 they continued from a sense of its utility a custom which 
 possibly would not have been thought of (or at least not so 
 soon), had it not been for the deference they paid to him at a 
 time when knowledge of one another was not so universal." 
 Ward, Vol. n. p. 50. 
 
54 INFLUENCE OF CHRISTIANITY [PT. I. 
 
 arranged 1 . Perhaps the very origin of modern diplo- 
 matic congresses may be attributed to the practice of 
 holding these councils, in which representatives of inde- 
 pendent nations met, and in which questions affecting one 
 3r more countries were treated of in common. 
 
 The papacy was in reality the centre of the Christian 
 jommonwealth ; at Rome alone could envoys of remote 
 states meet, and there alone could distant nations keep up 
 i slight acquaintance with each other 2 . 
 The papacy, then, exerted its influence, 
 
 1st. By means of the habitual reverence paid to 
 
 the pope. 
 2ndly. By means of councils. 
 3rdly. By appeals to Eome in cases of interna- 
 tional disputes. 
 4thly. By means of legates or nuncios, generally 
 resident at the more important courts (whence 
 probably the origin of resident embassies) ; and, 
 othly. By means of a regularly organised clergy 
 and the influence they acquired, whether from 
 their office, on account of the high posts they 
 occupied, or from personal considerations. 
 
 1 Especially in the two councils of Lyons. Ward, Vol. n. 
 >p. 60-73, and Manning's Law of Nations, p. 10. 
 
 2 " There was great advantage in having a common referee 
 the pope) in all national controversies, who could never think 
 if extending his own territorities, though he might make a 
 aost improper use of his power." Barrington on the Statutes, 
 i. 510. 
 
CH. II.] ON INTERNATIONAL LAW. 55 
 
 This influence was exerted to preserve peace and 
 enforce justice 1 , wherever the supremacy of Rome was not 
 called in question or her doctrines and tenets made the 
 subject of dispute : but as the barbarism of the middle 
 ages passed away, the pretensions of Eome increased, and 
 she thus furnished both occasion for dissensions and false 
 causes for war. By branding with the name of heretics all 
 who differed from her rule of faith, and by turning against 
 them the arms of states yet remaining faithful to her, 
 which till then had been directed against the common 
 enemies of the Christian Church 2 , she kindled persecu- 
 tions as severe as those which were directed against 
 the Church in the first centuries of our era, and more 
 continuous by means of a more regular organization to 
 carry them out ; and encouraged religious wars, calamities 
 even worse than the continued predatory inroads of bar- 
 barians. But, providentially, at the time of the Reforma- 
 tion, civilization had made considerable progress, and 
 Rome could not undo what she had mainly contributed 
 to bring about. Many of the most warlike, though not 
 on that account least civilized portions of Europe, threw 
 off her yoke, and the Peace of Westphalia restored har- 
 mony; the previous wars having shown'the futility of the 
 attempt to re-establish the spiritual dominion of Rome. 
 
 1 Ward, Vol. n. pp. 46-49, and the preceding pages. 
 
 2 The following is an instance, " Fontinus de la Valle, legate 
 at Nuremberg, declared that 'it was the wish of the holy father 
 that the army of the empire and a crusade should be employed 
 rajther against the heretics (the Hussites) than the Turks.'" 
 Krasinski, Religious History of the Slavonic Nations, p. 101. 
 
56 INFLUENCE OP CHRISTIANITY [PT. I. 
 
 In these struggles the opposition between the temporal 
 and spiritual interests of the papacy, as well as the 
 rivalry between the great catholic powers, again greatly 
 assisted the Reformers, especially in Germany ; and after 
 the immediate ill-feeling caused by these differences had 
 passed away, a more catholic spirit pervaded Christen- 
 dom. 
 
 To recapitulate : 
 
 Christianity laid the foundation of the international 
 law of Western Christendom by means of the influence 
 it exerted on the nations which conquered the Western 
 Empire, and the form that influence consequently gave 
 to European civilization. The nature of its influence 
 may be briefly stated to have been 1st, to preserve and 
 promote peace; 2ndly, to soften the severities of war 1 . 
 
 1 " War, which if Christianity were heartily and generally 
 embraced, would be wholly unknown, has been, even as it is, 
 much mitigated by the humanising influence." Whately*s 
 8th Lecture on Political Economy. 
 
 " The Christian spirit has effected a complete change in the 
 mode in which modern nations conduct both their peaceful and 
 aggressive proceedings with each other. No matter how reck- 
 less even belligerents may be, still they recognise the claims of 
 general humanity. In the various modes of terminating national 
 disputes peaceably, by compromise, mediation, arbitration, con- 
 ferences, and congresses, we have striking manifestations of the 
 wholesome rules of Christian morality and forbearance, and 
 how the great interests of mankind are beneficially affected and 
 
 promoted by them Though the extreme rights of war are 
 
 rigorous and oppressive, Christianity nevertheless enforces the 
 
 common duties of humanity No civilized country would, at 
 
 the present day, enter into any matter touching its own or its 
 
CH. II. J ON INTERNATIONAL LAW. 57 
 
 Its efforts to preserve peace arose, 1st, from the regard 
 it taught to be shown towards mankind in general as 
 members of one family; 2ndly, by the institutions and 
 usages it gave rise to, more especially of congresses, 
 resident embassies, and the practice of mediation, and 
 the influence it exerted on the writings of publicists 1 ; 
 and 3rdly, by the kindness it enjoined to be shown to 
 strangers, and the facilities thereby afforded to inter- 
 national intercourse, by which the interests of the dif- 
 ferent countries of Christendom have become so assimi- 
 lated that they appear to be, as it were, members of 
 one great federation. 
 
 When war, from whatever causes, took place, Chris- 
 tianity, by the tendency of its precepts and by its 
 humanising effect on modern civilization, softened its 
 severities by forbidding all wanton and unnecessary de- 
 vastation of hostile countries, and by abolishing that 
 slavery which originated from war. It also facilitated 
 the return of peace by that decided expression of the 
 Gospel, " Blessed are the peacemakers ; for they shall 
 be called the children of God 2 ; 1 ' 1 and this title, in the 
 hasty retrospect contained in the present chapter, we 
 have seen could justly be applied to many who have 
 therein been mentioned. 
 
 neighbour's rights and privileges, without feeling it an impera- 
 tive duty to make a formal declaration of its reverence for 
 Christian justice, truth, honour, and humanity." Blakey's 
 Temporal Benefits of Christianity, pp. 338 — 340. 
 i See ch. 4. 2 St Matth. v. 9. 
 
CHAPTER III. 
 
 The Rise and Extension of the International Law of 
 Christendom. 
 
 The notices contained in the preceding chapter, relative 
 to the period immediately succeeding the establishment 
 of the barbarian kingdoms, show a time when throughout 
 the west of Europe ill-defined and ill-apprehended inter- 
 national usages and maxims formed the international law 
 of that part of the world. In this chapter it is intended 
 to convey a general idea as to the manner in which 
 the present international law of Christendom arose, to 
 which will be added some observations in regard to its 
 extension during the period that elapsed from the reign 
 of Charlemagne to the Peace of Westphalia. 
 
 In the earlier centuries of this period, throughout 
 Europe nations had but limited intercourse even with 
 their nearest neighbours, and the disorders of these 
 times caused them not to feel the want or advantage 
 of any further intercommunication. However, by degrees, 
 and more immediately by means of the papacy and the 
 empire, all Europe west of the Adriatic, and the coun- 
 tries beyond Hungary and Poland, became subdivided 
 into sets of states; differing more or less from each 
 other, but united by various ties, and especially by their 
 
CH. HI. J RISE OF INTERNATIONAL LAW. 59 
 
 all professing a common form of the Christian religion. 
 The various events and circumstances mentioned in the 
 preceding chapter had caused the different nations of 
 Christendom to acquire a general knowledge of each 
 other, and had prepared the way by which, as soon as 
 more favourable times came, they coalesced together 
 into that closely connected system of states which they 
 now form. 
 
 Perhaps the earliest definition of international law 
 to be found in a writer of the middle ages is that of 
 Isidore : " Jus gentium est sedium occupatio, aedificatio, 
 munitio, bella, captivitates, servitutes, postliminia, foedera, 
 paces, inducise, legatorum non violandorum religio, con- 
 nubia inter alienigenas prohibita : et inde jus gentium 
 quod eo jure omnes fere gentes utuntur 1 ." The author 
 must express his regret at not having been able to 
 consult either what Mr Ward considers to have pro- 
 bably been the first work on international law treated 
 as a science, viz. the treatise of Succaria in proof 
 of the unlawfulness of the execution of Conraddin 2 , 
 or the work of Gerohus which was referred to in the 
 Introduction ; but the various commercial codes, the 
 compilation of which so distinguished the 13th and 14th 
 centuries (the Consolato alone excepted) did not direct- 
 ly contribute to the extension of principles of mari- 
 time international law 3 . It was after the revival of 
 
 ' Etyrnol. Lib. v. c. 6. 2 Vol. n. p. 259. 
 
 3 " The Consolato differs from other maritime codes of the 
 middle ages, in being the only one where there are distinct 
 
60 RISE AND EXTENSION OF THE [PT. I. 
 
 learning, occasioned by the rise of the university of 
 Bologna, that international law became studied in a 
 scientific manner, and this was mainly as a result of the 
 eagerness with which the Eoman and Canon laws were' 
 then cultivated; but it was only incidentally studied in 
 connexion with questions of civil law, and not as an 
 entirely separate and distinct branch of jurisprudence. 
 Many of the remarks contained in the preceding chapter 
 will have corroborated what Grotius says on this point, 
 that before his time no one had treated of the entire 
 subject in a connected manner 1 ; and when he wrote, as 
 Mr Ward observes towards the end of his valuable 
 work, the law of nations " was a vague and indeterminate 
 phrase in everybody's mouth, but with few precise ideas 
 annexed to it. It consisted, as we have observed in 
 the various discussions we have had occasion to review, 
 of a string of undigested precedents; the facts even of 
 which were but little understood, so that they might be 
 made to bend almost every way that suited the purpose 
 of those statesmen who affected to take them for their 
 guide 2 ." The scattered international maxims of the 
 middle ages had indeed been productive of much good. 
 They had procured great relaxations of the severities of 
 war, and had laid the foundation of the present system of 
 national intercourse in time of peace, so that when 
 
 regulations on points connected with the Law of nations." Man- 
 ning's Law of Nations, p. 12. 
 
 1 De Jure Prolegomena. 
 
 2 Vol. ii. p. 606. Kent's Commentaries, Part I. J§ 1, 16. 
 
CH. III. J INTERNATIONAL LAW OF CHRISTENDOM. 61 
 
 Grotius had collected those maxims which were generally 
 acknowledged, and established on a proper footing such 
 as were then ill-apprehended or inaccurately laid down, 
 he gave international law a distinct form, and one which 
 it has since retained ; but he certainly did not promulgate 
 a new set of principles, or originate an entirely new 
 branch of moral science. Since the middle ages nothing 
 new has been added to it. It has only been better 
 arranged and laid down in a more comprehensive man- 
 ner : and accordingly in this Essay illustrations have in 
 preference been sought in that period when our inter- 
 national law was first established, and its principles were 
 fixed and determined. 
 
 The wars of the long-disputed Neapolitan succession 
 gradually drew together France, Spain, and Italy ; and 
 towards the close of the 15th century there appeared six 
 great powers in the western half of Europe ; the Papacy, 
 the Empire, France, England, Spain, and Venice. The 
 crowd of States which are found in the maps of the 
 middle ages disappear in a great measure, and these 
 six powers really decided all the important questions 
 of the day. Changes soon affected these : the altered 
 policy of Venice after the League of Oambray led her 
 to disentangle herself from active participation in poli- 
 tical transactions, and the influence of the papacy soon 
 ceased to be such as to enable the popes to take an 
 independent part in passing events. The reign of Charles 
 the fifth, and the close union which afterwards subsisted 
 between the two branches of the house of Hapsburg, 
 
62 RISE AND EXTENSION OF THE [PT. I. 
 
 caused remote nations of Europe to form intimate re- 
 lations with each other, and consequently led to the 
 extension of the international usages of the South and 
 West of Europe to the North and East. This was 
 greatly facilitated by the various great discoveries which 
 took place in that age 1 . 
 
 The British Isles, and especially England, had from 
 ancient times an extensive commerce with the Low Coun- 
 tries, the Hans Towns, and the Scandinavian kingdoms. 
 The two last of these were connected with Livonia, Oour- 
 land, Poland, and Russia. France had given sovereigns to 
 Hungary, and the Thirty Years' war led to the formation 
 of an alliance between France and Sweden ; and already a 
 century earlier England had formed a commercial alliance 
 with Russia. Thus were the different states of Christen- 
 dom brought together, and thus about two centuries ago, 
 especially after the Peace of Westphalia and the scarcely 
 less important treaties of the Pyrenees, Oliva, and 
 Copenhagen, they formed that system of states which 
 they now constitute. France was the first country to 
 enter into an alliance with Turkey 2 , and Sweden 3 also 
 
 1 See notices of progress of maritime international law in 
 Azuni's Systeme du Droit Maritime de I'Europe, Tom. i. 
 
 2 "Les Francais sont les plus anciens allies des Turcs." 
 Mably, Droit Public de VEurope, Lib. I. ch. 5. 
 
 3 "Les Suedois, occupes pendant long-temps a faire la 
 guerre a la Pologne et a la Russie, ont senti l'importance d'en- 
 tretenir a Constantinople des relations, qui donassent de la 
 jalousie a leurs ennemis, et leur Assent toujours craindre quel- 
 que diversion de la part des Turcs." Ibid. 
 
CH. III.] INTERNATIONAL LAW OF CHRISTENDOM. 63 
 
 during her long Polish and Russian wars formed 
 amicable relations with that country. The connexions 
 of Hungaiy and Poland with Turkey were brought 
 about by war ; but at this early period Turkey had 
 not made any advances towards the international law 
 of Christendom. 
 
 It has been already shown that the Crusades were 
 the first event that brought the Christian nations of 
 Europe in contact, and as friends. The Reformation 
 was the second, but then two great divisions, those of 
 the Catholic and Reformed faiths, divided Europe. As 
 a general rule states of the same faith acted together, 
 but with some exceptions: various circumstances caused 
 France and Portugal with more or less of design and 
 ability to aid the latter; while Denmark and Saxony 
 afforded some assistance to the former. The Peace of 
 Westphalia terminated these disputes and prepared the 
 way for the exaltation of Prussia, " the child of the 
 Reformation 1 ;" whose, power it has ever been the poli- 
 tical aim of Protestantism to elevate, and of Roman 
 Catholicism in various forms and ways to lessen. 
 
 In the south of Europe, then, the maxims of inter- 
 national law of the dark ages were first through the 
 influence of Christianity developed and consolidated into 
 the international usages of the middle ages. The peculiar 
 constitution of the Empire and its widely extended rela- 
 tions with European countries caused its influence to be 
 effectually added to that of the papacy in extending and 
 i "Wheaton's History of the Law of Nations, p. 70. 
 
64 RISE AND EXTENSION OF THE [PT. I. 
 
 developing those public principles which owing to the 
 direct influence of Christianity and its indirect influence 
 through chivalry, the feudal system, and the peculiar kind 
 of learning which prevailed in all the Christian countries of 
 western and central Europe, gradually during the period 
 from the ninth to the seventeenth century established a 
 uniform system of international usages in those countries 1 . 
 In the North and East these circumstances did not so 
 strongly operate or lead to such beneficial results. The 
 Scandinavian kingdoms after their conversion were too 
 much occupied with their own affairs to interfere in those 
 of other countries ; and the independent states east of the 
 Baltic, the remoter Hans Towns, and the great military 
 Orders, derived much of their international law from the 
 Empire, but did not possess sufficient power to be influen- 
 tial abroad. The conversion of these territories was very 
 late ; Prussia proper, which formed part of the dominions 
 of the Teutonic knights, was only converted in the thir- 
 teenth century 3 , and Lithuania still later 3 - Poland de- 
 
 1 Professor Ozonam, after showing how the national feeling 
 of the different countries of western Europe successfully re- 
 sisted Charlemagne's attempt to found a universal monarchy, 
 says, " Mais le nom de l'empire, la doctrine de ses juris- consultes, 
 la popularity meme de ses poetes, servirent a maintenir l'union 
 des peuples occidentaux, a fonder parmi eux le droit inter- 
 national, a y naturaliser le droit Roman, a former cette famille 
 puissante qu'on appelait la Latinite, que fit les Croisades, le 
 chevalerie, la scolastique, toutes les grandes chose du moyen 
 age." Civilisation Chr&tienne des Francs, p. 371. 
 
 2 Ward's Law of Nations, Vol. I. pp. 164, 165. 
 
 8 Krasinski's Religious History of the Slavonic Nations, p. 199. 
 
CH. III.] INTERNATIONAL LAW OP CHRISTENDOM. 65 
 
 rived its adoption of the international law of western 
 Christendom through its connexion with the empire and 
 with Bohemia. And Eussia, which had derived hers 
 from that of the eastern empire 1 , an almost perfect one, 
 as we hope to show in a succeeding chapter, did not come 
 under the beneficial influence of those peculiar institu- 
 tions and circumstances which so materially aided the 
 advancement of the international law of western Chris- 
 tendom ; added to which, her long wars with Mahometan 
 Tartars exercised a more prejudicial effect than even the 
 barbarian conquest did in other parts of Europe. By 
 these means it was not till after the Reformation that she 
 formed any relations with the countries of the West. 
 
 There is one other circumstance that should be 
 mentioned. It must have been evident that the vast 
 efforts, as recorded in the last chapter, made by the 
 Church, especially in the eleventh, twelfth, thirteenth, 
 and fourteenth centuries, to improve the public law of 
 that period, were not attended with any great immediate 
 result, and it would be useful as well as interesting briefly 
 to inquire how this occurred. We shall find that it was 
 mainly owing to the peculiar character of the wars that 
 then ensued from which few good results followed, though 
 the Crusades had been attended with many advantages. 
 The English wars with France, of one hundred and 
 twenty years duration, were productive of very great 
 evils 2 , and the contemporary events or those immediately 
 
 i Ward, Vol. I. p. 164. 
 
 2 " It was a struggle of 120 years, interrupted but once by 
 
 5 
 
66 RISE AND EXTENSION OF THE [PT. I. 
 
 preceding them, in Spain, Germany, and Italy had 
 the like result, especially the Papal pretensions which 
 occasioned the long struggle between the Guelfs and the 
 Ghibelins, and the Hussite wars. In the East the 
 progress of the Tartars and Turks had even a worse 
 effect, and the kingdoms of the North were taken up 
 with the troubles consequent on the dissolution of the 
 union of Oalmar. This is the brief explanation of the 
 retrograde movement which took place, and which post- 
 poned any decided improvement in international law until 
 the time of Grotius. Christendom had then become set- 
 tled down into its present form, and the ill-defined maxims 
 of preceding times were then generally though vaguely 
 known and recognised, so that when Grotius published 
 his great work i he exactly fulfilled the requirements of 
 
 a regular pacification, where the most ancient and extensive 
 
 dominion in the civilized world was the prize." The war of 
 
 Edward "was like a great tournament, where the combatants 
 fought indeed & outrance, but with all the courtesy and fair 
 
 play of such an entertainment If we could forget, what 
 
 never should be forgotten, the wretchedness and devastation 
 that fell upon a great kingdom, too dear a price for the display 
 of any heroism, we might count these English wars in Prance 
 
 among the brightest periods in history." In the war of 
 
 Henry " we find little left of that generous feeling which had, 
 in general, distinguished the contemporaries of Edward III. 
 The very virtues which a state of hostility promotes, are not 
 proof against its long continuance, and sink at last into brutal 
 fierceness." Hallam's Middle Ages, ch. 1, pt. 2. 
 
 1 " The book may be considered as nearly original, in its 
 general platform, as any work of man in an advanced stage of 
 civilization and learning can be. It is more so, perhaps, than 
 
CH. III.] INTERNATIONAL LAW OF CHRISTENDOM. 67 
 
 his age. Much of what he wrote, as might be expected, 
 is now no longer applicable ; but no writer in a position 
 similar to that which he occupied in regard to his sub- 
 ject can be called his equal. 
 
 those of Montesquieu and [Adam] Smith." Hallam's Literature 
 of Europe, Part 3, ch. 4. 
 
 " A work which we now, indeed, justly deem imperfect, but 
 which is perhaps the most complete that the world has yet 
 owed, at so early a stage in the progress of any science, to the 
 genius and learning of one man." Mackintosh, Law of Nature 
 and Nations. 
 
 5—2 
 
CHAPTER IV. 
 
 The Influence of Christianity upon the other sources from 
 whence the International Law of Christendom has 
 been derived. 
 
 The nature of the influence of Christianity itself, and 
 of the institutions immediately derived from it, on the 
 international law of Christendom having been now dis- 
 cussed, before proceeding to trace its extent, it will be 
 necessary to examine into both the nature and extent 
 of the influence it has also exerted on the other sources 
 from whence that law has been derived, as well as to 
 offer a few incidental remarks respecting them. 
 We shall therefore make some observations on : 
 
 I. The Roman law 1 and certain international 
 decisions of antiquity. 
 
 1 " We may venture to say that a large part of international 
 law grew out of the Roman law. For the Roman law was the 
 law of the whole civilized world, after the establishment of the 
 empire, and was studied by a great body of lawyers in every 
 country; and was by them accepted and represented as the 
 genuine dictates of natural justice. When therefore the empire 
 was again divided into separate states, it was natural that in all 
 transactions between states the jurists should be referred to, 
 and should decide the matters in question by the application 
 
CH. IV.] INFLUENCE OF CHRISTIANITY, &C. 69 
 
 II. The feudal system. 
 
 III. Chivalry. 
 
 IV. Stipulations of treaties, conventions, and de- 
 
 clarations. 
 
 V. Disputes relative to national rank and claims 
 
 of precedence 1 . 
 
 VI. The extension of commercial relations. 
 
 VII. The influence of the writings of publicists : 
 
 and 
 
 VIII. The general progress of civilization. 
 
 These have in different ways and in different ages 
 severally exerted a very powerful influence upon inter- 
 national law, and their combined effect has produced that 
 particular form of it now observed in Europe and the 
 countries of the New World. 
 
 I. The principles of the Eoman law were esta- 
 blished before the promulgation of Christianity, and the 
 
 of the principles and maxims of the Eoman law. It was an 
 immense step towards a code of international law, really con- 
 sistent and just, to have, already formed and current, a body of 
 fundamental maxims, and a fixed technical phraseology, in 
 which they could be applied and discussed. And it has, I 
 think, continued to be true up to the present time that, with 
 regard to a large portion of international law, those persons 
 have reasoned most clearly and conclusively who have been 
 jurists in the usual sense, and have made the study of the 
 Koman jus the basis of their scheme of international jus." 
 Whewell's Lectures on Systematic Morality, pp. 169, 160. 
 
 i These four last are taken from Mr Ward, Vol. I. ch. 11, On 
 the Influence of Particular Institutions. 
 
70 INFLUENCE ON OTHER SOURCES [PT. I. 
 
 writings of the eminent Jurists who lived in the first 
 centuries of our era, Gains, Ulpianus, Julianus, Paulus 
 and Modestinus, were probably in no way influenced 
 by the Christian code of morals. The improvements 
 Christianity effected in course of time in Roman juris- 
 prudence, did not extend to that portion of it which 
 has contributed so largely to international law, and 
 which in reality was susceptible of but little improve- 
 ment. The new ecclesiastical laws necessarily changed 
 all older legislation of that nature, and the other altera- 
 tions brought about by the influence of Christianity, 
 though even more extensive than these, were indirect 
 and exclusive in regard to the personal law of ancient 
 Rome. "Its influence is even more remarkable in the 
 changes which were suggested by its spirit, rather than 
 introduced as a necessary part of its system. To the 
 community which citizenship had bound together, suc- 
 ceeded another bound by the ties of a common religion. 
 The tendency of the change was to remove the barriers 
 which had formed part of the older condition of society. 
 If we compare the Institutes of Justinian with those of 
 Gaius, we find changes in the law of marriage, in that 
 of succession, and in many other branches of law, in 
 which it is not difficult to recognise the spirit of hu- 
 manity and reverence for natural ties, which Christianity 
 had inspired 1 ." The Roman law, as well as other re- 
 mains of Roman civilization in the West, owes its pre- 
 
 i Sandar's edition of the Institutes, p. 29. 
 
CH. IV. J OF INTERNATIONAL LAW. 71 
 
 serration to the influence of Christianity on the nations 
 which conquered the western empire; who by means 
 of the more humane views they acquired on their con- 
 version, permitted the conquered to retain their laws 
 and customs. In this manner a knowledge of the civil 
 law was preserved though obscurely through the dark 
 ages 1 , and when international law became a subject of 
 study, many of the earlier publicists were men well 
 acquainted with the former, who (as will be pointed 
 out hereafter) incorporated into their works many of 
 its maxims, and also adopted many decisions of anti- 
 quity, thus making them to form part of modern in- 
 ternational law. " The professors of the famous school 
 of Bologna were not only civilians, but were employed 
 in public offices, and especially in diplomatic missions, 
 and as arbiters in the disputes between the different 
 states of Italy 2 :" and, as Mr Wheaton further remarks, 
 whatever opinion may be formed of the conduct of the 
 four doctors of that University who, in 1158, were arbiters 
 between the emperor Frederic and the cities of Lom- 
 bardy, in regard to that monarch's claims to be the 
 successor of Augustus and Charlemagne, and as such 
 to possess their powers, yet "the fact of their being 
 consulted as judges and arbiters of sovereign rights, 
 shows the growing influence and authority of the civilians 
 
 1 Savigny's Account of the Soman Law during the Middle 
 s. 
 
 2 Wheaton's History of the Law of Nations, p. 32. 
 
72 INFLUENCE ON OTHER SOURCES [PT. I. 
 
 as the interpreters of the only science of universal 
 jurisprudence then known i." 
 
 II. The feudal system 2 , which was founded on the 
 national usages of the invading nations, and which was 
 the natural development of their political organisation, 
 became, in the course of the 10th century, gradually and 
 nearly simultaneously adopted throughout western Eu- 
 rope; and probably obtained and preserved the great 
 ascendancy it acquired, on account of the political and 
 ecclesiastical divisions of the government being on their 
 conversion kept quite distinct. The influence of their 
 newly adopted faith was always in opposition to the 
 feudal system 3 , but operated at different times in 
 different ways, at one period by seeking to invest its 
 ceremonies with a religious sanction, at others, by con- 
 stant efforts to ameliorate the social condition of the 
 people, and to inspire the temporal authorities with 
 milder sentiments*. The crusades also, by diminishing 
 the number of fiefs, greatly assisted the breaking up of 
 
 1 Ibid. p. 33. 
 
 2 Guizot, Civilisation en Ewrope, 3 eme et 4 eme Legons. 
 
 3 " Ce qui etonne dans les origines de la feodalite, c'est de 
 n'y trouver rien de Chretien. Le Christianisme sacrait les rois, 
 il affranchissait les peuples ; on ne voit pas qu'il ait rien fait 
 pour affermir le pouvoir des nobles. Sans doute il flnit par 
 benir la chevalerie, par lui ouvrir la lice des croisades et les 
 cloitures guerriers du Temple et de l'Hopital ; mais il ne pou- 
 vait consacrer le principe paien de l'inegalite des races." Oza- 
 nam, p. 374. 
 
 * Guizot, 6 eme Le § on. 
 
CH. IV.] OF INTERNATIONAL LAW. 73 
 
 the system 1 , which at length passed away; its prin- 
 cipal effect having been to give a certain degree of regu- 
 larity to the almost indiscriminate hostilities which had 
 prevailed before its rise. 
 
 III. The influence of Christianity, and of the other 
 causes which led to the amelioration of the evils caused 
 by the disorders of the feudal times, showed themselves 
 more especially in the institution of chivalry, " one of 
 those grand institutions of the middle ages, which has 
 subsequently received the almost unqualified praise of 
 all men irrespective of their political opinions, and which 
 has left us imperishable monuments of its happy influence 
 and power 2 ." We may accept Mr Digby's definition 
 of chivalry, " that general spirit or state of mind which 
 disposes men to heroic and generous actions, and keeps 
 them conversant with all that is beautiful and sublime in 
 the intellectual and moral world 3 ." As such chivalry must 
 always exist, and its age can never be said to be gone 
 for ever; traces of it are thus to be found in every coun- 
 try and age, though owing to peculiar circumstances it 
 may be found in a more prominent form and manner at 
 one period than at another. The feudal system espe- 
 cially gave rise in a great measure to what is now gene- 
 rally known by us as the age of chivalry 4 . The good 
 
 i Ibid. 8 eme Lecon. 
 
 2 Temporal Benefits of Christianity, p. 255. 
 
 3 Godefridus, p. 89. 
 
 * " Chivalry owed its peculiar development ffl western 
 Europe to the feudal system, and the various circumstances 
 
74 INFLUENCE ON OTHER SOURCES [PT. I. 
 
 point in that system was the development it gave to 
 domestic and family life, and this led to the general rise 
 and extension of chivalrous sentiments and manners. 
 
 Christianity exerted a great influence upon chivalry. 
 "A knight, whenever present at mass, held the point of his 
 sword before him, while the gospel was read, to signify 
 his readiness to support it. Writers of the middle ages 
 compared the knightly to the priestly character in an 
 elaborate parallel, and the investiture of the one was 
 supposed analogous to the ordination of the other. The 
 ceremonies upon this occasion were almost wholly reli- 
 gious. The candidate passed nights in prayer among 
 priests in a church ; he received the sacraments ; he 
 entered into a bath, and was clad with a white robe, in 
 allusion to the presumed purification of his life; his sword 
 was solemnly blessed ; every thing in short was contriv- 
 ed to identify his new condition with the defence of 
 religion, or at least of the Church i." This is further 
 shown by the oath taken when the rank of esquire was 
 conferred. " I swear to fear, revere, and serve God 
 religiously, to combat for the true faith; to suffer death 
 rather than renounce Christianity; to serve my Lord 
 faithfully; to maintain the rights of the feeble, the widows, 
 and the orphans ; to offer no wilful or deliberate offence 
 to any one ; never to be engaged in any transaction for 
 the pure love of sordid gain; and to guard inviolably 
 
 and incidents connected with it." Bishop Hurd's Second Letter 
 on Chivalry. 
 
 1 Hallam's Middle Ages, ch. 9, pt. 2. 
 
CH. IV.] OF INTERNATIONAL LAW. 75 
 
 the received faith of society 1 ," It is thus seen how es- 
 sential a part of any development of chivalry Christianity 
 was. Its general principles doubtless could exist and have 
 existed, apart from any intermixture of the Christian 
 religion, from the very nature of man 2 , but never except 
 when associated with that religion has chivalry assumed a 
 permanent or settled form. 
 
 IV. From the age of Charlemagne 3 , treaties, which 
 in modern times have been so numerous, began to be 
 headed with the invocation of the Trinity, and thus a 
 religious obligation to their observance was added to the 
 moral duty of truthfulness ; which the Church not unfre- 
 quently increased, by holding out the penalty of excom- 
 munication against those who refused to comply with the 
 terms of the treaties they had entered into. And some 
 
 1 Temporal Benefits of Christianity, p. 256. 
 
 2 This is exemplified in the conduct even of Mahomet of 
 Ghuzne on the occasion of his war with the Bowides, when he 
 declined to take advantage of a minority and female regency 
 to carry on the war he intended to wage against that dynasty. 
 Gibbon's Decline and Fall, ch. 57. 
 
 s Du Mont, Treatises, fyc. from, the age of Charlemagne, T. I. 
 This applies also to other of the public documents of his reign. 
 His declaration of protection to the papacy commences " In 
 nomine Christi." A rescript to the emperor Nicephorus re- 
 specting the peace between the two empires, begins, " Cum in 
 omni humanae actionis initio Domini sit auxilium invocandum, 
 maxime in hoc, quod modo inter nos Deo mediante agitur, 
 negotio, Domini et Salvatoris nostri Jesu Christi omni modo 
 sunt imploranda suffragia, ut qui nomine illius signati sumus," 
 &c, and the decree for the division of his territories, " In 
 nomine Patris et Filii et Spiritus Sancti." 
 
76 INFLUENCE ON OTHER SOURCES [PT. I. 
 
 of the Border conventions between England and Scotland 
 commence with greeting "To all Christian people to 
 whom these may come 1 ." 
 
 V. When, in the course of the middle ages, states 
 began to have more frequent intercourse with each other, 
 questions of mutual rank naturally arose 2 . The empire 
 claimed to be the representative of ancient Borne, and 
 consequently asserted supremacy over, and required pre- 
 cedence of, all other powers. The papacy likewise ad- 
 vanced its claims to universal precedence, and other 
 states had their disputes on this subject ; but amongst the 
 latter, priority of conversion to Christianity was the 
 circumstance which had most weight in determining these 
 questions 3 . 
 
 VI. The insecurity which everywhere prevailed in 
 the dark ages destroyed commerce, and led to the decay 
 of all branches of manufactures ; but when order became 
 somewhat restored, and liberty revived in the Italian 
 cities, commerce again sprang up, and manufactures 
 again flourished 4 . It is beyond the limits of this disserta- 
 tion to make further mention of the great commercial 
 cities and marts of the middle ages, which gradually 
 extended from Italy and the shores of the Mediterranean 
 
 1 Nicholson's Border Laws. 
 
 2 Ward's Law of Nations, cli. 16. 
 
 3 "With respect to the priority of conversion to Christi- 
 anity, almost all the writers concur in acknowledging it as a 
 very weighty reason for precedency." Ibid. "Vol. n. pp. 371, 372. 
 
 * Robertson's Charles the Fifth, § 1, Introductory, 
 
CH. IV.J OF INTERNATIONAL LAW. 77 
 
 to Flanders and the Baltic, than to state that the im- 
 provement in the social condition to which they owed 
 their origin is to be attributed to the beneficent influence 
 of Christianity. This has therefore afforded the basis on 
 which has been founded the enormous extension of com- 
 merce and the improved facilities of communication 
 discovered or invented in modern times. This extension 
 of international intercourse was greatly facilitated by the 
 pilgrimages so much observed in the middle ages, as well 
 as by the zeal of pious missionaries, which led them to 
 visit all regions of the earth 1 for the holy purpose of 
 promulgating the Christian faith among the heathen. 
 They and the clergy in general were the best defenders of 
 the rights of the inhabitants of newly discovered countries, 
 and often the pioneers of civilization : whilst their exem- 
 plary conduct obtained for them a considerable influence 
 with the natives, and restrained in some measure their 
 own countrymen, who by their conduct too often reflected 
 but little credit either on the religion they professed, or 
 on the enlightenment and civilization of which they were 
 so ready to boast. 
 
 VII. The general authority which the writings of 
 publicists have obtained, and the great influence they 
 have had on the international law of Christendom, will 
 properly cause them to be here regarded as one of the 
 distinct sources from whence that law has been derived. 
 So important did this influence appear to Mr Ward, that 
 
 1 Spanish America, the Pacific Islands, Africa, and Green- 
 land, are more particularly referred to here. 
 
78 INFLUENCE ON OTHER SOURCES [PT. I. 
 
 he considers it to be decisive of states being under the 
 government of the same law of nations, if they search 
 "for the rule of their duty in the same codes of Juris- 
 prudence" and, "pay respect to the opinions of the 
 same writers 1 ." The Christian religion has exerted a 
 powerful influence on these treatises, for the earlier writers 
 on international law, the publicists who drew up many of 
 its rules, were persons especially susceptible of and most 
 likely to write under its influence. Bonnor, Victoria, 
 Soto, and Suarez were eminent members of the Eoman 
 clergy 2 ; and above all it must be remembered that Gro- 
 tius was one of those learned men who after examining 
 the evidences of the Christian revelation have been con- 
 vinced of its truth. He had composed his treatise De 
 Veritate in Dutch verse, as well as a commentary on the 
 New Testament, some years before he wrote his great 
 work De Jure Belli ac Pads 3 , which everywhere shows 
 the Christian principles of him, who, in an age when the 
 most extreme party spirit prevailed, wrote with candour 
 and truth of his bitterest opponents, and in his life illus- 
 trated the precepts of the religion he professed. 
 
 Subsidiary to the influence of publicists, may be placed 
 that of those eminent Christian philanthropists who have 
 
 1 Vol. i. p. 161. 
 
 2 An account of Bonnor's Arbre des Eatailles has already 
 been given, the works of the three last are mentioned in Hal- 
 lam's Literature, Part 2, ch. 4, and in the Introduction to 
 Wheaton's History of the Law of Nations. 
 
 3 Butler's Life of Hugo Orotius. 
 
CH. IV.J OF INTERNATIONAL LAW. 79 
 
 visited the different nations of the earth, and have en- 
 deavoured to alleviate misery and succour the distressed. 
 Among the most distinguished of these is John Howard, 
 whose labours first caused the name of his native land to 
 be known to the inhabitants of the distant regions of the 
 Mseotis, and caused all the nations of Europe to honour 
 the country of which he was a subject. The actions of 
 such persons as Howard show that internationally as 
 well as in social and domestic life, to follow out unhesi- 
 tatingly the precepts of Christianity would produce better 
 results than the victories of any conqueror, and be at- 
 tended with better fame and truer glory to the person 
 himself. 
 
 VIII. M. Guizot states 1 that civilization consists, 
 1st, in the development of man himself as an individual, 
 and, 2nd, in the development of the visible condition of 
 mankind, or of society. It is of the latter, so far as it 
 concerns the subject of this Essay, that a few observations 
 will be made here. 
 
 Modern European civilization owes its present form 
 principally to the impress which the influence of Chris- 
 tianity gave to the manners and customs of the nations 
 which subverted the western empire. The precepts of 
 Christianity gradually obtained a general influence over 
 all their actions, and thus were often even unconsciously 
 
 1 It consists, " d'une part, dans le developpement de l'homme 
 hii-meme, de l'individu, de 1 humanite ; de l'autre, dans celui de 
 sa condition visible, de la societe." Civilisation en Europe, 
 4 eme Lc90n. 
 
80 INFLUENCE OF CHRISTIANITY, &C. [PT. I. 
 
 applied to the ordinary transactions they engaged in. 
 Owing to this influence they certainly displayed a greater 
 degree of regularity, equity, and benevolence than is 
 generally to be found in the conduct of other communi- 
 ties, whether of ancient or of modern times 1 . 
 
 1 The Christian religion has had so powerful an influence 
 upon the law of nations, "that wherever it has existed, it has 
 gone the farthest of all causes to introduce notions of humanity 
 and true justice into the maxims of the world. The great 
 proof of which is, that if we compare the conduct of Christian 
 nations with that of nations professing any other religion, 
 (whatever may he their stages of improvement, or in whatever 
 era of their glory,) the result I believe will be uniform and 
 universal, that the one will be eminent over the other for 
 regularity, equity, and benevolence." "Ward's Law of Nations, 
 Vol. II. p. 2, illustrated by the conduct of the Greeks, Romans, 
 •Carthaginians, Mahometans, and Chinese. People " who may 
 yet be denominated savage," are purposely left out of consi- 
 deration. 
 
CHAPTEK V. 
 
 The extent of the Influence of Christianity upon the 
 International Law of Christendom in regard to the 
 Pacific Relations of States. 
 
 In order to show fully the extent of the influence of 
 Christianity upon the international law of Christendom, it 
 is necessary to treat of the several divisions of interna- 
 tional law ; and, for the better elucidation of this part 
 of the subject, to state whence those portions of it are 
 derived which do not owe their origin to its influence. 
 
 Nations, as such, possess certain rights; in other 
 words, there are certain rights which belong to them in 
 their capacity of nations. Some of these are entirely and 
 exclusively international rights, others belong also in a 
 greater or less degree to another branch of morality, 
 Polity ; but, for the sake of clearness, as well as to 
 render this Essay more complete, they will all be treated 
 of here, and will be considered to be four, viz. the rights 
 of Independence, of Equality, of Property, and of Inter- 
 course. The modifications they undergo during war, and 
 the rights which war itself gives rise to, will form the 
 subject of the next chapter. 
 
 6 
 
82 EXTENT OF THE [PT.I. 
 
 I. The International Rights of Independence^. 
 
 These rights may be classed under two subdivisions, 
 those of security and of jurisdiction. The first comprises 
 those which every independent nation possesses, of 
 choosing its form of government and civil institutions, of 
 developing its resources, and settling all questions re- 
 specting its military and naval forces, without any inter- 
 ference or intervention on the part of other states. This 
 is only limited by those of other nations, whether they 
 are such as immediately arise from their own rights of 
 independence, or from treaty stipulations ; it not being 
 lawful for any nation, under pretext of merely exercising 
 its own rights, to injure other states, or to pursue a line 
 of conduct calculated to affect injuriously their corre- 
 sponding rights. 
 
 The influence of Christianity upon this subdivision 
 of the rights of independence has arisen from the 
 respect it specifically enjoins for the rights of others, 
 whereby the frequency of active interferences in the 
 affairs of other countries has been much diminished; 
 for, by comparing the conduct of Christian European 
 states, notwithstanding the constant and intimate rela- 
 tions they maintain with each other, with that of other 
 nations, the Greeks and Eomans 2 for example, it is 
 easy to perceive the different effects of the maxims 
 
 i Wheaton's International Law, Vol. I. p. 131. 
 2 Ward's Law of Nations, ch. 6. Montesquieu, Grandeur et 
 Decadence des Romains. 
 
CH. V.] INFLUENCE OF CHRISTIANITY. 83 
 
 which in this respect influence their conduct. The 
 frivolous and unjust grounds on which they would inter- 
 fere, stand in strong contrast to the conduct of modern 
 states ; for though these may often evince an equally strong 
 desire for interfering, they are restrained by the necessity 
 now felt of having at least a plausible excuse for so doing. 
 The wars for the maintenance of the balance of power, 
 which are in a great measure peculiar to the system of 
 modern European policy 1 , owe nevertheless, as will be 
 shown hereafter, the mildness with which they, as well 
 as other European wars have been carried on, to the 
 influence of Christianity upon the international rights 
 of war. 
 
 The right of jurisdiction has for its basis the 
 general rule that every independent nation is supreme 
 within its own territories, and that its laws not only 
 bind its own subjects or citizens, but also aliens so long 
 as they remain there ; the exceptions to this force of 
 national laws as regards aliens, whether as to those 
 exempted from their operation by maxims of international 
 law, or by treaty, are primarily derived from the sovereign 
 power of the state itself. 
 
 An 2 important part of this right has reference to 
 those questions which arise respecting transactions 
 that have taken place in foreign countries, (especially 
 
 1 The conduct of the Greek states in the Peloponnesian 
 and Theban wars seems to indicate that they were acquainted 
 with what has since been called the balance of power. 
 
 2 Storey's Conflict of Laws, ch. 1. 
 
 6—2 
 
84 EXTENT OP THE [PT. I. 
 
 between subjects of different nations,) when the validity 
 of such transactions is called in question, or when the 
 laws of the country in which they are sought to be 
 enforced, differ from those of the country where they 
 took place. How these " Conflicts of Laws" were settled 
 in the Roman Empire, there is now no means of deciding; 
 but on the conquest of the different countries of Western 
 Europe by the nations which subverted the Western 
 Empire, the vanquished were in a great measure per- 
 mitted to retain their respective laws and customs ; 
 so that rules had at length to be devised to meet 
 the difficulties occasioned by the divergences of the 
 different codes of laws which in this manner simulta- 
 neously prevailed in many countries, and these rules 
 were, in course of time, extended in application to cases 
 of international conflicts of laws. 
 
 The influence of Christianity, as regards the former 
 portion of this subdivision, is to be traced through its 
 previous influence on the progress of civilization, the 
 extension of commerce and international intercourse, and 
 the rules on this point laid down by jurists and publi- 
 cists. Its influence, as regards the latter portion, is derived 
 from its having afforded the basis from whence that has 
 since been developed, viz. the consideration Christianity 
 caused in most parts of Europe, on the fall of the 
 Western Empire, to be shown to the vanquished nations, 
 and the results to which this led. The extent of the 
 influence of Christianity upon the international right of 
 jurisdiction has thus been ; first, to afford the basis from 
 
CH. V.J INFLUENCE OF CHRISTIANITY. 85 
 
 whence it has arisen; and secondly, by its influence 
 on civilization, and the facilities it caused to be afforded 
 to commerce, to occasion the extension of this right to 
 international questions. 
 
 II. The International Right of Equality 1 . 
 
 Sovereign states being independent of each other, 
 further reasoning showed that they must also be con- 
 sidered equal to each other. " Puisque les hommes 
 sont naturellement egaux, et que leurs droits et leurs 
 obligations sont les memes, comme venant egalement de 
 la nature, les nations, composees d'hommes, et con- 
 sidered comme autant de personnes libres qui vivent 
 ensemble dans l'e'tat de nature, sont naturellement egales 
 et tiennent de la nature les memes obligations et les 
 memes droits. La puissance ou la foiblesse ne prb- 
 duisent a cet egard aucune difference. Un nain est 
 aussi bien un homme qu'un geant : une petite republique 
 n'est pas moins un e"tat souverain que le plus puissant 
 royaume 2 ." This international right has often been 
 modified either by treaty or usage, but the importance 
 of those pretensions in respect to national rank, &c. 
 which have so often been the subject of dispute has 
 now in a great measure passed away, and the equality 
 of nations is becoming more clearly recognised. This is 
 
 i Vattel, Law of Nations, Tom. i. Liv. ii. ch. 3. Wheaton, 
 Vol. i. Part 2, ch. 3. 
 
 2 Vattel, Preliminary Observations, § IS. 
 
86 EXTENT OF THE [PT. I. 
 
 especially shown in the use of the alternat in diplomatic 
 documents, which is now almost universally adopted. 
 
 The influence of Christianity on this right has mainly 
 operated by means of its influence on the writings of 
 those publicists who have investigated and given de- 
 cisions respecting the principal questions of international 
 law. 
 
 III. Tlie International Bight of Property 1 . 
 
 This right, as regards states, comprises their right to 
 the national territories, and all questions arising from it, 
 including those relative to the dominion of rivers, lakes, 
 and portions of seas 2 . 
 
 This part of international law is the one which has 
 been least affected by the direct influence of Christian- 
 ity : most of, and all its justest rules, having been 
 derived from the clear and equitable maxims of the 
 Roman law 3 . 
 
 The extent of the influence of Christianity upon 
 this part of the subject has been from the preservation 
 it obtained for the Roman law. The international right 
 
 i Wheaton, Vol. i. pt. 2, ch. 4. 
 
 2 Grotius, Lib. n. esp. chs. 2, 3, 4, 6, 8, and 9. Puffendorf, 
 Law of Nature and Nations, Lib. rv. chs. 3 — 9. 
 
 3 Whewell's Lectures on Systematic Morality, p. 160, after 
 the passage before quoted respecting the influence of the 
 Roman law, " This may be said more particularly of certain 
 parts of international law, especially those parts which refer to 
 international rights of property and treaty." 
 
CH. V.J INFLUENCE OF CHRISTIANITY. 87 
 
 of property as regards individuals domiciled, or possess- 
 ing property in foreign countries, owes its present form 
 to the progress of civilization, by which aliens have 
 acquired the liberty of possessing property in foreign 
 countries and great facilities for employing their capital 
 or labour there, in industrial undertakings or commer- 
 cial speculations, as well as considerable freedom of 
 access to foreign navigation. 
 
 The existence of these rights necessarily presupposes 
 a considerable previous extension of international inter- 
 course; yet after that has taken place these may be 
 long withheld. 
 
 IV. The International Bight of Intercourse 1 . 
 
 This right will be treated of in the same manner as 
 the last, viz. 1 st, as regards the relations of states with 
 each other ; and 2dly, as regards individual members of 
 different communities. 
 
 Its first branch comprises the regulations under 
 which the ceremonial and etiquette attending the inter- 
 course, and especially the diplomatic intercourse, between 
 different states is carried on, including what are some- 
 times called rights of legation ; and all questions respect- 
 ing the powers, credentials, and privileges of public 
 envoys, and the manner in which they transact the 
 business entrusted to them. Treaties are the most 
 
 i Whewell's Elements of Morality, Vol. II. arts. 1117-1125. 
 Wheaton, Vol. I. pt. 3. 
 
88 EXTENT OF THE [PT. I. 
 
 important part of this branch of international right of 
 intercourse. The constitution of each nation determines 
 in whom the power of concluding treaties on its behalf 
 is vested, and every foreign nation each for itself must 
 pay due regard to this part of the institutions of other 
 states, and act in accordance therewith. 
 
 The extent of the influence of Christianity upon this 
 international right, as it has already been observed, 
 probably led to the introduction of resident embassies, 
 and diplomatic congresses. The ceremonial attending their 
 action necessarily has for its ultimate basis the influence 
 which gave rise to these : its proximate origin, however, is 
 to be attributed partly to convenience and partly to the 
 rival claims of states for pre-eminence of rank, and all the 
 questions occasioned by disputes relative to those claims. 
 The nature of the influence of Christianity on treaties 
 has already been mentioned : the rules for their interpre- 
 tation have been in a great measure derived from the 
 Eoman law 1 . 
 
 We now have to consider that branch of it which 
 relates to cases concerning individuals, members of differ- 
 ent communities. It is unnecessary here to discuss the 
 rules which probably regulated the intercourse of the 
 different nations of antiquity, because their civilization and 
 the state of things which then existed, almost entirely 
 disappeared amidst the disorders which attended the 
 
 1 Whewell's Lectures on Systematic Morality, p. 160, quoted 
 above. These rules may be found at length in Vattel, Tom. I. 
 Liv. ii. ch. 17. 
 
CH. V.J INFLUENCE OF CHEISTIANITY. 89 
 
 downfall of the western empire. The influence of Chris- 
 tianity as regards the treatment of strangers has enabled 
 them to visit foreign countries with safety ; the facilities 
 and privileges they have acquired there, whether to be 
 classed under this or any other international right, are 
 proximately derived from the influence of civilization, of 
 treaties, and the extension of commerce ; the influence of 
 Christianity upon all of which has already been mentioned. 
 It must be observed, in conclusion, that a great part of 
 this right, as developed in modern times, is to be derived 
 from the love of personal liberty characteristic of many of 
 the northern nations 1 ; a principle, the existence of which 
 as modified by Christianity, is essential to the real pro- 
 gress and advancement of nations in the higher stages of 
 civilization. 
 
 1 Guizot, Civilisation en Europe, 2 eme Lecon. 
 
CHAPTEE VI. 
 
 The Influence of Christianity upon the International 
 Rights of War. 
 
 It has been already shown, how the degree of regularity 
 which the feudal system first gave to the warfare of modern 
 Europe was increased by the influence of the Church, 
 When international law became in the sixteenth century 1 
 to be more scientifically studied, it was to this portion of 
 it that the earlier treatises were principally directed 2 . 
 
 1 Hallam's Literature of Europe, Pt. 2, ch. 4, § 6. 
 
 2 The following are the treatises relating to international 
 law contained in the sixteenth volume of the collection entitled 
 Traetatus Tractatuum. 
 
 B. Capolla of Verona, De Imperatore Militwm delegando. 
 
 Joan. Lupus of Segovia, De Bello de Bellatoribus. 
 
 Martinus Laudensis, Be Bello. 
 
 F. Arias, De Bello et ejus Justitia. 
 
 P. Bellini of Alba (Piedmont), De re Militari et de Bello. 
 
 Joan de Lignana of Milan, De Bello. 
 
 Paris a Puteo, De re Militari. 
 
 Claudius Catereas of Turin, De Jure et PriviUgio Militum. 
 
 In the eleventh volume, part 1, of this collection, are two 
 treatises, in which some questions of international law are dis- 
 cussed, but much mixed up with municipal law ; their titles are : 
 
 De Treuga et Pace, Octaviano Velpelli. 
 
 De Fide Treuga et Pace, Nicolai Moroni Gualdensis. 
 
 It may be repeated that the title of Bonnor's work was 
 L'Arbre des Batailles. Victoria wrote a " Relectio," quoted in 
 
CH. VI.] EXTENT OF THE INFLUENCE, &C. 91 
 
 The international maxims of the middle ages were 
 naturally very different from those of the present day, 
 and any nation which should revert to practices 
 regarded as blameless by the imperfect law of those 
 times, but which the juster views of more enlightened 
 ages has condemned, would offend against public mo- 
 rality, as much "in kind" if not "in degree,'" as one 
 which should revert to practices sanctioned by the inter- 
 national law of Assyria or of Eome. For international 
 law gradually improves by the adoption of progressive 
 standards of morality and by the progress of civilization ; 
 and every nation is morally bound to further that im- 
 provement, especially as regards the rights of war, by 
 every means in its power 1 . 
 
 Grentili's definition of war will be the one adopted 
 here, " Bellum est contentio publica armata justa. 1 ' The 
 class of cases in which alone war can be termed " con- 
 tentio justa " may be best stated in the eloquent words 
 of a late distinguished English jurist ; " War is just 
 only to those by whom it is unavoidable ; and every 
 
 this Essay, De Jure Belli. Ayala termed his treatise De Jure 
 et OffuAis Bellicis et disciplina Militari. Gentili's great work was 
 De Jure Belli, and the rights of war are discussed at consider- 
 able length by Grotius. 
 
 1 Nations " may, and ought not only themselves to observe, 
 but to enforce, all the moderation practicable, and particularly 
 abstinence from all hostilities, which are not necessary for the 
 attainment of the object of the war, and particularly from those 
 which have no other tendency than to gratify animosity." 
 Reddie, Maritime International Law, p. xviii. 
 
92 EXTENT OP THE [PT. I. 
 
 appeal to arms is unrighteous, except that of a nation 
 which has no other resource for the maintenance of its 
 security or the assertion of its honour 1 ." Or as Victoria 
 says, " Unica est, et sola caussa justa inferendi bellum, 
 injuria accepta 2 ." 
 
 The object of all wars is to procure peace 3 , and in 
 war especially it is necessary to be mindful of, and to act 
 upon those two great principles which Montesquieu so 
 correctly and concisely states : " Les diverses nations 
 doivent se faire dans la paix le plus de bien, et dans la 
 guerre le moins de mal qu^l est possible, sans nuire a 
 leur veritable interets. L'object de la guerre, c'est la 
 victoire ; celui de la victoire, la conquete ; celui de la 
 conquete, la conservation. De ce principe et du precedent 
 doivent deriver toutes les lois qui forment le droit des 
 gens 4 ." Only those rights which truly follow from these 
 principles are really rights of war : all others, howsoever 
 and by whomsoever advanced, are in reality nothing 
 more than the unwarranted pretensions of abused power, 
 or the dictates of ill-informed writers, or of the unscrupu- 
 lous adherents of a party cause. The influence of Christi- 
 anity on the causes which give rise to wars has already been 
 explained. In this chapter, after showing the modifica- 
 
 1 Mackintosh, Reasons against French War of 1793, p. 1. 
 
 2 Relectio vi. De Jure Belli, §13. 
 
 3 " Omnis enim homo etiam belligerando pacem requiret : 
 nemo autem bellum pacificando." St Augustine, de. Civitate 
 Dei, Lib. xix. ch. 12. 
 
 4 Esprit des Lois, Lib. I. ch. 3. The third chapter of the 
 tenth book is also very important. 
 
CH.VI.J INFLUENCE OF CHRISTIANITY. 93 
 
 tions caused by war in regard to the four international 
 rights of states in their pacific relations, the extent of 
 its influence on the manner in which war is conducted will 
 be next considered ; and in so doing we shall treat first of 
 land warfare, secondly of maritime warfare, and thirdly 
 of the rights of neutrals. 
 
 Section I. 
 
 Modifications caused by war in regard to the International 
 Rights of States in their Pacific Relations. 
 
 I. In regard to the international rights of indepen- 
 dence. The first portion of this right, included under 
 the term right of security, is entirely removed from 
 the consideration of belligerents, so far as may be neces- 
 sary for carrying on the war in which they are engaged. 
 But it is only exceptional circumstances, cases of neces- 
 sity, the detailed discussion of which does not properly 
 come within the scope either of this, or of any other 
 treatise on any portion of moral philosophy, that can 
 justify any steps being taken, which shall permanently 
 injure the right of security belonging to every state. 
 In maritime warfare the right of jurisdiction assumes a 
 peculiar form, as regards neutrals, which will be noticed 
 when that part of the subject is discussed; but there 
 appears no reason why, in cases where the conduct of the 
 war is not concerned, the authority of the courts of the 
 enemy's country should not continue the same as it was 
 in time of peace. 
 
94 EXTENT OP THE [PT. I. 
 
 II. In regard to the international right of equality. 
 This international right does not, properly speaking, 
 undergo any modification from war, although the victo- 
 rious state may sometimes be induced by its success to 
 overstep, especially as regards this right, the strict limits 
 of justice and moderation. 
 
 III. In regard to the international rights of pro- 
 perty. These, as concerning states, have another added to 
 them, viz. that derived from conquest, but are otherwise 
 unaltered. So far as they relate to foreigners they will be 
 noticed in the next paragraph. 
 
 IV. In regard to the international right of inter- 
 course. This right, as observed in time of peace, ceases 
 in a great measure between belligerent nations : but those 
 subjects of each who may be domiciled in the enemy's 
 country, except of course officials of the hostile govern- 
 ment, by the present system of international law are 
 allowed perfect security both of person and property, 
 should they wish to remain there, and perfect liberty to 
 depart, should they prefer adopting that course. In no 
 case would it be allowable now to expel them indiscrimi- 
 nately; for such as offended against the laws of the 
 country where they resided, would (unless it was other- 
 wise provided for by treaty) be amenable to them. In 
 the negociations which take place during war between 
 the governments of the belligerent nations, the same 
 faithfulness is to be observed as in those entered into in 
 time of peace. " Private demands accruing before or 
 during war may be recovered in time of peace ; for war 
 
CH. VI.] INFLUENCE OF CHRISTIANITY. 95 
 
 does not extinguish the right, but only suspends the 
 remedy 1 ." War however does not in the least affect the 
 possessors (subjects of hostile states) of " property which 
 is under the protection of the public faith 2 ;" though 
 such property must either have been acquired before the 
 declaration of war, or in those countries where its acqui- 
 sition is prohibited, consequent on that declaration, before 
 such prohibition takes effect. But during war, subjects of 
 hostile powers resident in neutral states may carry on the 
 same intercourse with each other as in peace, and those 
 having commercial domicile in neutral states may trade 
 with the enemy in the same manner as neutrals may. 
 
 Section II. 
 The International Rights of War 3 . 
 
 I. As regards land warfare. The essential charac- 
 teristic of modern warfare, the distinction now made 
 between the combatant and non-combatant portions of 
 the community 4 , suggests that we should first consider 
 the rights of war as they exist between combatants, and 
 
 1 Wildman's International Law, Vol. I. p. 143. 
 
 2 Ibid. p. 188. 
 
 3 Wheaton, Vol. n. ch. 2. 
 
 * "In ancient Greece and Rome, every citizen was con- 
 sidered as a soldier ; but in modern times, the combatant is 
 distinguished from the non-combatant part of the nation, and 
 there are different classes of rights of -war applicable to these 
 different classes of persons." Whewell's Elements of Morality, 
 Vol. ii. art. 1060. 
 
96 EXTENT OF THE [PT. I. 
 
 afterwards those which obtain between combatants and 
 non-combatants. 
 
 1st. The international rights of war between com- 
 batants. The practice of modern warfare agrees with 
 that of ancient Rome 1 , in not allowing any persons un- 
 provided with commissions, or not otherwise duly autho- 
 rised, to engage with the enemy, by which means the 
 number of combatants is determined. Limitations have 
 been fixed to the weapons to be used in war, some being 
 prohibited on account of the inhumanity which attends 
 their use, such as disfigured balls, or the loading of 
 cannon with nails and small pieces of iron 2 ; others by 
 the term " publica " in the definition above given, which 
 excludes all clandestine methods of destruction, such as 
 by assassination or by poison, but not those carried on by 
 a portion of an army, and only temporarily concealed, as 
 mines or ambuscades 3 . Quarter is now always to be 
 given to those that ask it ; and since the peace of West- 
 phalia, Christian powers have, at the conclusion of peace, 
 mutually restored the prisoners they may have made 
 during the war ; the custom of reducing them to slavery 
 had ceased before that period 4 . 
 
 2nd. The international rights of war between com- 
 
 1 " No Roman could fight even for his country without a 
 commission; which in all respects is similar to the modern 
 notions, that those who so fight may be punished as robbers." 
 Ward, Vol. I. p. 187. Wheaton, Vol. u. p. 85. 
 
 2 Marten's Law of Nations, Book vm. ch. 3, § 3. 
 
 3 Whewell's Elements of Morality, Vol. n. arts. 1662, 1663. 
 
 4 Manning's Law of Nations, p. 162. 
 
CH. VI. J INFLUENCE OF CHRISTIANITY. 97 
 
 batants and non-combatants. As regards the non- 
 combatant portion of the belligerent communities, pro- 
 vided they strictly maintain that character 1 , the land 
 warfare of the present day exempts them from all mo- 
 lestation or injury of any kind further than is strictly 
 necessary to the prosecution of the war ; it has hitherto 
 been the custom, however, to subject them in many cases 
 to contributions, generally pecuniary. It sometimes hap- 
 pens that their fate is bound up with that of the com- 
 batants, as in besieged cities, but in these cases all 
 cruelty is forbidden and condemned ; and an eminent 
 military historian has expressed an opinion on this point 
 which can be entirely adopted by publicists, viz. that 
 "the plunder of a town after an assault should be ex- 
 pressly made criminal by the articles of war, with a due 
 punishment attached 2 ." 
 
 The wasting of the country, and the destruction of 
 towns, or of property not contraband of war, whenever 
 
 1 "In order that countries which are the seat of war may 
 enjoy the advantage of the laws of civilized warfare, it is neces- 
 sary that they themselves should attend strictly to the distinc- 
 tion of combatants and non-combatants. If the inhabitants of 
 an invaded country carry on what is called a guerilla or parti- 
 san warfare against the invaders; the inhabitants, individually 
 destroying them and their means of action, in any way that 
 they can ; such a country cannot be treated according to the 
 more humane laws of war; for the inhabitants themselves 
 destroy the foundation of such laws, the distinction of com- 
 batants and non-combatants." Whewell's Elements of Morality, 
 Vol. II. art. 1071. 
 
 2 Napier's Peninsular War, Vol. vi. p. 216. 
 
 7 
 
98 EXTENT OF THE [PT. I. 
 
 it cannot reasonably be expected to bring about an 
 immediate peace, or be justified by extraordinary cir- 
 cumstances, is also condemned 1 , 
 
 To the influence of Christianity on the manner in 
 which land warfare is carried on, is to be ascribed the 
 abolition of the custom which reduced captives to slavery, 
 and the accurate and liberal distinction now made in 
 Christendom between the combatant and non-combatant 
 portions of communities. This distinction arose in 
 western Europe from religious grounds, and owed its 
 extension to the teaching of the Church, as has been 
 shown in the first chapter. The author is well aware 
 that a like distinction is to be found in many ancient 
 eastern codes and systems of belief, but their precepts 
 do not appear to have been generally observed, and at 
 all events it is not from them that the international law 
 of Christendom has in any way derived its classification 
 of combatants and non-combatants. 
 
 The great change to be observed in international 
 usage, as regards the former, owes its proximate origin 
 to the customs introduced by chivalry; from which insti- 
 tution the modern practice of releasing prisoners on 
 parole, as well as exchanges of prisoners, is probably 
 derived 2 . But the usages of chivalry, like the modern 
 code of honour, regarded only a class, namely, knights, 
 and its obligations were in a great measure, if not 
 entirely, binding only between them ; and thus made no 
 
 1 Wheaton's International Law, Vol. n. p. 82, § 6. 
 
 2 Ward's Law of Nations, Vol. II. p. 179. 
 
CH. VI.J INFLUENCE OF CHRISTIANITY. 99 
 
 effort to alleviate the condition of the great mass of 
 prisoners who consist of the lower ranks of armies. 
 Christianity however, by means of certain of its precepts, 
 at length caused to be extended to all ranks those 
 relaxations of the older and stricter rules of warfare, 
 which chivalry had partially introduced 1 . The limita- 
 tions of the weapons used in modern warfare is to be 
 ascribed to the progressive adoption of more enlightened 
 views of humanity incident on an improved civilization. 
 
 The declaration on express Christian grounds of the 
 greatest of English statesmen against the employment 
 of Indian auxiliaries in the American war of inde- 
 pendence, is certainly based on Christian principles. It 
 may be remembered that in the debate which arose in 
 the house of Lords on the address to the throne, on 
 the 18th of November, 1777, Lord Chatham in moving 
 an amendment, reviewed the conduct of the war, and 
 inquired who had " dared to authorise and associate to 
 our arms the tomahawk and scalping-knife of the savage? 
 
 1 " The influence of chivalry introduced some mitigation of 
 the cruelties of war, but the occasional massacre of prisoners, 
 and other gratuitous ferocities, show how slightly the under- 
 standing of humanity was as yet removed from barbarism. 
 The laws of chivalry regarding usages in warfare were rather 
 points of honour customary among knights, than precepts en- 
 joined by morality and held obligatory as duties. Like the 
 modern code of honour, they were mandatory between equals ; 
 when a noble knight was to be dealt with, all was exalted 
 courtesy; but when the multitude was in question, it was a 
 begrudged mercy that was in use towards the 'rascal rout.'" 
 Manning's Law of Nations, p. 8. 
 
 7-2 
 
100 EXTENT OP THE [PT, I. 
 
 To call into civilized alliance the wild and inhuman in- 
 habitant of the woods, to delegate to the merciless Indian 
 the defence of disputed rights ; and to wage the horrors 
 of this barbarous warfare against our brethren." Lord 
 Suffolk in reply defended their employment, and asserted 
 that, besides '•' its policy and necessity, the measure was 
 also allowable on principle ; for that it was perfectly 
 justifiable to use all the means that God and nature put 
 into our hands." Lord Chatham thereupon immediately 
 rose again and expressed his astonishment "to hear 
 such principles confessed, to hear them avowed in this 
 house, or in this country : principles equally unconstitu- 
 tional, inhuman, and unchristian." 
 
 " My lords, I did not intend to have encroached 
 again upon )'our attention : but I cannot repress my 
 indignation — I feel myself impelled by every duty. My 
 lords, we are called upon as members of this house, as 
 men, as Christian men, to protest against such notions 
 standing near the throne, polluting the ear of majesty. 
 'That God and nature put into our hands.' I know 
 not what ideas that lord may entertain of God and 
 nature ; but I know that such abominable principles are 
 equally abhorrent to religion and humanity. What ! to 
 attribute the sacred sanction of God and nature to the 
 massacres of the Indian scalping-knife, to the cannibal 
 savage, torturing, murdering, roasting, and eating; 
 literally, my lords, eating the mangled victims of his 
 barbarous battles! Such horrible notions shock every 
 precept of religion, divine or natural, and every gene- 
 
CH. VI.] INFLUENCE OF CHRISTIANITY. 101 
 
 rous feeling of humanity 1 ." These remarks are every 
 way proper to be adopted into international law, and 
 apply in like manner against the direct employment in 
 war, in any capacity whatever, of races in any con- 
 siderable degree inferior in civilization to the people or 
 government to whom they are opposed, especially in 
 cases where they are employed in taking part in inva- 
 sions. This is a line of conduct which cannot be pursued 
 by any government, least of all by that of a Christian 
 country, without its incurring the utmost moral guilt. 
 
 II. As regards maritime warfare 2 . Maritime war- 
 fare has hitherto retained much of the harshness which 
 characterised the land warfare of less civilized times, all 
 vessels of the enemy being liable to capture and confisca- 
 tion, together with at least all the property of an enemy 
 found on board. The remarks made above respecting 
 the manner in which land warfare should be carried on, 
 apply also, so far as applicable, to maritime warfare. The 
 bombardment of towns on the coast and destruction of 
 fishing villages, or undertaking expeditions and enter- 
 prises which may lead to these without any other de- 
 terminate and commensurate object, showing but the 
 animosity and imperfect civilization of the attacking 
 power. It is not necessary here to treat of the various 
 
 1 Life of the Earl of Chatham, Vol. n. under date of Nor. 
 18, 1777. 
 
 2 The foundation of the modern rules of maritime war is to 
 be found in the Consolato del Mar, capitols clxxxvi., vu. and 
 
 CCiMII. — LV. 
 
102 EXTENT OF THE [PT. I. 
 
 questions which have heen raised respecting the rights 
 of maritime warfare, hut the liberty of departure now 
 accorded to hostile vessels on the breaking out of war, 
 is one of those relaxations of the strict rules of war ob- 
 served in former times, to be attributed to the influence 
 of modern civilization, and on which Christianity has 
 consequently exerted an indirect but important influence. 
 The same cessation of the barbarous practices that once 
 held in regard to captives, which has taken place in land 
 warfare, has likewise taken place here ; but the severity of 
 the rules still in force seems in a great measure necessary, 
 especially as regards the detention of merchant seamen 
 who are already qualified for the naval service of their 
 respective states, standing much in the same relation to 
 those in the latter as militiamen do to regular soldiers. 
 
 3. As regards the international rights of neutrals 1 . 
 In treating of these there are few points where the direct 
 influence of Christianity can be expected to have operated. 
 These rights in their present form became gradually 
 recognised in western Europe, as greater regularity began 
 to be observed in the international transactions of that 
 part of the world, and are principally deduced from con- 
 siderations of natural justice. The right of search is the 
 most important belligerent right as regards neutrals, the 
 object of which is to prevent the supplying of articles 
 contraband of war to the enemy of the state enforcing 
 that right, or to prevent the evading a blockade. And 
 this constitutes a species of international maritime juris- 
 
 1 Wheaton, Vol. n. ch. 3. Azuni, Tom. n. pp. 35 — 49. 
 
CH.VI.] INFLUENCE OF CHRISTIANITY. 103 
 
 diction peculiar to times of war. A neutral state is 
 bound to take care that in this respect especially its just 
 freedom of action essential to the maintenance of the 
 character it assumes is not interfered with by either of 
 the belligerent powers ; neutrals must of course take 
 equal care that they conduct themselves as really such, 
 acting with perfect impartiality, and affording succours 
 to neither party, excepting so far as they may be bound 
 by treaties concluded before the commencement of any 
 particular war. The English rule of the "war of 1756 " is 
 generally acquiesced in, which declares that neutrals can- 
 not lawfully avail themselves during a war of any branch 
 of commerce which was not in like manner open to them 
 during the preceding time of peace. Geographical position 
 may occasion any particular country to profit by an 
 extension of commerce with another country, during a 
 war in which either of them may be engaged ; but this 
 does not come under the former category, and is not 
 a breach of neutrality. 
 
 The extent of the influence of Christianity in regard 
 to these rights, is the basis it afforded for their observance 
 by the spread of the Christian religion, and its consequent 
 influence on civilization ; by means of the advancement 
 of which and the extension of international commercial 
 relations they have attained their present form 1 . 
 
 1 Vattel, Book in. ch. 7, gives most of the present rules in 
 regard to neutral states and neutrality. 
 
CHAPTER VII. 
 
 The Influence of Christianity upon the International Law 
 of Christendom as regards International Trans- 
 actions between Christian and Non- Christian States. 
 
 The transactions which Christian states have had, in 
 different ages, with nations not professing the Christian 
 religion, have produced effects that have — especially in 
 former times — had considerable influence upon the inter- 
 national law of Christendom. It is therefore necessary 
 that some observations should be made here respecting 
 these transactions ; which may be conveniently done by 
 first treating of those between Christian and Mahometan 
 communities, and second of those between the former 
 and other non-Christian nations. 
 
 Section I. 
 
 The Influence of Christianity upon International Trans- 
 actions between Christian and Mahometan Nations. 
 
 When the Roman empire became Christian, the 
 Church internationally exerted herself to convert the 
 northern nations, and to ameliorate the condition of the 
 Christians in Persia. It has been already shown that 
 the first of these undertakings was eventually attended 
 
CH. VII.] INFLUENCE OF CHRISTIANITY. 105 
 
 with complete success ; but the second was only partially 
 accomplished — though the victories of Heraclius seemed 
 to promise a long rest to the Eastern Churches 1 — when 
 Mahometanism arose. It is beyond the limits of this 
 Essay to trace the progress of Mahometanism, or to 
 enter into any discussion of its doctrines further than is 
 strictly necessary to the subject of this and of a following 
 chapter. For this purpose the Koran must be referred 
 to, in order to ascertain its precise injunctions in regard 
 to international law, and especially in regard to war ; for 
 however great respect different sects of Mahometans may 
 pay to other works, this book is that which they alike 
 consider to be their revelation, and is the one which a 
 person of another creed is bound to consult as the reposi- 
 tory of their faith. It is also essential to remark, that it 
 is extremely difficult to discover what the doctrine of the 
 Koran on many points really is, for the very convenient 
 doctrines of abrogation and peculiar application render 
 the meaning of contrary passages to be understood in 
 opposite senses by different readers; and the manner in 
 which Abu Bekr arranged the Koran, placing the chap- 
 ters as a general rule according to length, increased the 
 confusion 2 . 
 
 The following are the passages which bear upon this 
 subject, Mr Sale's translation being used as one that 
 cannot be accused of unfairness towards Mahometans : — 
 " Fight therefore for the religion of God, and oblige not 
 
 1 Gibbon, ch. 46. 
 
 2 Sale's Koran, Preliminary Discourse, § 3. 
 
106 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 any to what is difficult, except thyself ; however, excite 
 the faithful to war, perhaps God will restrain the courage 
 of the unbelievers, for God is stronger than they, and 
 more able to punish. He who intercedeth between men, 
 with a good intercession, shall have a portion thereof; 
 and he who intercedeth with an evil intercession shall 
 have a portion thereof; for God overlooketh all things 1 ." 
 " true believers ! take not the Jews or Christians for 
 your friends ; they are friends the one to the other : but 
 whoso among you taketh them for his friends, he is 
 surely one of them 2 ." " Prophet ! stir up the faithful 
 to war : if twenty of you persevere with constancy, they 
 shall overcome two hundred; and if there be one hun- 
 dred of you, they shall overcome one thousand of those 
 who believe not, because they are a people which do not 
 understand. Now hath God eased you, for he knew that 
 ye were weak. If there be one hundred of you who per- 
 severe with constancy, they shall overcome two hundred ; 
 and if there be one thousand of you, they shall overcome 
 two thousand, by the permission of God ; for God is with 
 those who persevere. It hath not been granted to any 
 prophet that he should possess captives until he had 
 made a great slaughter of the infidels in the earth 3 ." 
 " We have not sent thee, Mohammed, but as a mercy 
 unto all creatures. Say, No other hath been revealed 
 unto me than that your God is one God: will ye 
 therefore be resigned unto him ? But if they turn their 
 
 1 Sale's Koran, ch. 4. 
 
 2 Ibid. ch. 8. 3 ibid. ch. 5. 
 
CH.VII.J AND NON-CHRISTIAN STATES. 107 
 
 backs to the confession of God's unity, say, I proclaim 
 war against you all equally; but I know not whether 
 that which ye are threatened with be nigh, or whether it 
 be far distant 1 ." " When ye encounter the unbelievers, 
 strike off their heads, until ye have made a great slaughter 
 among them, and bind them in bonds ; and either give 
 them a free dismission afterwards, or exact a ransom, 
 until the war shall have laid down its arms. This shall 
 ye do. Verily, if God pleased, He could take vengeance 
 on them without your assistance; but He commanded 
 you to fight His battles, that He might prove the one of 
 you by the other. And as to those who fight in defence 
 of God's true religion, God will not suffer their works to 
 perish ; He will guide them, and will dispose their heart 
 aright; and He will lead them into Paradise, of which 
 He hath told them. true believers, if ye assist God, 
 by fighting for His religion, He will assist you against 
 your enemies, and will set your feet fast ; but as for the 
 infidels, let them perish, and their works shall God render 
 vain. This shall befall them because they have rejected 
 with abhorrence that which God hath revealed ; where- 
 fore their works shall be of no avail."..." The true be- 
 lievers say, Hath not a sura (chapter) been revealed, 
 commanding war against the infidels? but when a sura 
 without any ambiguity is revealed, and war is mentioned 
 therein, thou mayest see those in whose hearts is an 
 infirmity look towards thee with the eye of one whom 
 
 i Ibid. ch. 21. 
 
108 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 death overshadoweth 1 ." Such are the precepts of Maho- 
 metanism in regard to war. While we consider it neces- 
 sary, in passing, to differ from those nominal Christians 
 who admire Mahometans and their religion, we also con- 
 sider it a great error to represent Islamism as wholly 
 made up of evil principles ; such a creed would be pro- 
 ductive of but transient mischief, and could not last a 
 generation. Mahometanism is, however, much worse; 
 inasmuch as it, more than any other false system of 
 belief, unites in an eminent degree sufficient religion to 
 satisfy an unawakened and unenlightened conscience, 
 while sanctioning almost every gratification the passions 
 can desire. Its triumph broke down the barrier against 
 permanent barbarian conquest which the firm rule of the 
 Roman empire had up to that time maintained in the 
 East, and let in upon the eastern provinces tribes similar 
 in manners to those which for centuries continued to 
 inundate the West 2 . Mahometanism, further, by its 
 positive precepts preserved everywhere in their utmost 
 harshness and strictness the old distinction between the 
 vanquished and their conquerors, and can afford therefore 
 no real means for the amelioration of the condition of 
 slavery to which the former are reduced ; for where a 
 
 1 Sale's Koran, oh. 47. In a note Mr Sale states that the 
 Hanisites consider the first paragraph of the quotation from 
 this chapter to be no longer in force. 
 
 2 There is but little difference in Gibbon's description of 
 the manners of the Tartar and Turkish tribes which invaded 
 the Asiastic provinces and those of the Huns, Avars, and 
 Lombards. 
 
CH. VII.] AND NON-CHRISTIAN STATES. 109 
 
 nation's system of polity is interwoven with its religion, 
 as in the case of Mahometan nations, they must stand 
 or fall together, as an alteration of the former must lead 
 to the dissolution of "the nation 1 . A religion also, like 
 that of Mahomet, which positively enjoins the use of the 
 sword as the means of its propagation, and which thereby 
 affords its votaries what they, in accordance with their 
 faith, must always really consider a constant and ever- 
 ready supreme occasion for a lawful war, must neces^ 
 sarily — at least so long as such maxims are acted upon — 
 be regarded as the common enemy of mankind. The 
 unfortunate position of the eastern world at the rise of 
 Mahometanism favoured its great and rapid extension 
 rather than those wide-spread corruptions in the Chris- 
 tian Church respecting which succeeding writers have 
 re-echoed statements based on vague generalities and 
 doubtful authorities. Though in its first years probably 
 it did not attack Christianity with any particular or 
 extraordinary virulence, yet the states of Christendom 
 soon became the only foes worthy of the name which 
 remained to oppose the triumphant progress of Islamism ; 
 and, in the course of time, from the heart of France to 
 the Caucasus the conflict between the two religions was 
 carried on with the utmost violence; Mahometanism 
 being invariably the assailant, and Christianity in some 
 places even losing ground or defending itself with difii- 
 
 1 White's Bampton Lecture. 
 
 2 Bacon's Essays, 29, " Of the True Greatness of Kingdoms 
 and Estates." 
 
110 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 culty. Prudential and financial considerations at length 
 induced the caliphs to relieve their Christian subjects 
 from actual persecution, and to grant certain facilities 
 and privileges to Christians visiting the Holy Land ; but 
 the conquest of Syria by the Turks brought forward a 
 different policy, and the persecutions to which the pil- 
 grims as well as the eastern Christians were subject, led 
 to the Crusades 1 . These wars formed the great crisis 
 of the conflict between Christianity and Mahometanism, 
 and though originating in motives of piety, they were 
 worthy of the most consummate policy; inasmuch as 
 they hindered the progress of the latter, and delayed 
 the fall of the eastern empire, and by this means were 
 probably the real cause of the check finally given to 
 Mahom etanism 2 . 
 
 1 " Depuis la An du 7 eme siecle, le christianisme luttait con- 
 tre le mahomStisme ; il l'avait vaincu en Europe apr£s en avoir 
 ete dangereusement menace^; il etait parvenu a le conflner en 
 Espagne. La encore, il travaillait constamment a l'expulser. 
 On a presents les croisades comme une espece d'accident, comme 
 un evenement imprevu, inoui, ne des recits que faisaient les 
 pelerins au retour de Jerusalem, et des predications de Pierre 
 l'Ermite. II n'en est rien. Les croisades, Messieurs, ont ete 
 la continuation, la zenith de la grande lutte engages depuis 
 
 4 siecles entre le christianisme et le mahometisme Les 
 
 croisades en ont etfi la principale crise. C'est la leur caractere 
 historique, le lien qui les attache a l'ensemble des faits." 
 Guizot, 8th Lecture. Though much of these observations is 
 very true, yet Peter the Hermit's preaching was certainly the 
 proximate cause of the crusades. 
 
 2 " The world has been so long accustomed to hear the 
 crusades considered as the height of frenzy and injustice, that 
 
CH. VII.] AND NON-pHEISTIAN STATES. 1 1 1 
 
 Many actions of the crusaders were undoubtedly 
 disgraceful to their religion as well as to the sacred 
 character they assumed 1 , but still the crusades were no 
 aggression, persecution of Christians, as such, being al- 
 ways considered a casus belli by Christian powers 2 , and 
 we must remember that distributive justice requires that, 
 "like each individual, each nation should be judged of 
 according to its conduct to other nations, compared with 
 the reciprocal conduct of these other states 3 .' 1 After 
 Constantinople had fallen into the hands of the Moslems, 
 and when they had been driven from western Europe, the 
 plains of Hungary became the battlefield of the two 
 
 to undertake their defence might be perhaps a hazardous task. 
 We must, however, recollect, that had it not been for these 
 extraordinary exertions of generous courage, the whole of 
 Europe would perhaps have fallen, and Christianity been 
 buried in the ruins. It was not as Voltaire has falsely or 
 weakly asserted, a conspiracy of robbers, it was not an Un- 
 provoked attack on a distant and inoffensive nation: it was a 
 blow aimed at the heart of a most powerful and active enemy. 
 Had not the Christian kingdoms of Asia been established as a 
 check to the Mahometans, Italy, and the scanty remnant of 
 Christianity in Spain, must again have fallen into their power; 
 and Prance herself have needed all the heroism and good 
 fortune of a Charles Martel to deliver her from subjugation." 
 Note 41 to Heber's Palestine. 
 
 i Ward, Vol. I. pp. 138, 9. " At the same time it must 
 be remarked that historians generally omit to state such cir- 
 cumstances as Tancred's efforts to stop the massacre on the 
 storming of Jerusalem, and his sorrow for his imperfect suc- 
 cess." Orderici Vitalis Ecc. Hist. Lib. ix. ad fin. 
 
 2 Grotius, Lib. n. ch. 20, § 49. 
 
 3 Keddie, Maritime International Law, p. ix. 
 
112 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 religions ; twice 1 even Vienna nearly yielded to the ad- 
 vancing forces of the Ottomans, and on the last occasion, 
 when to all human probability that city, then the bulwark 
 of Christendom towards the East, was lost, all Christian 
 Europe acknowledged the appropriateness of the text 
 chosen by the preacher on returning thanks to heaven 
 for their unexpected deliverance, " There came a man 
 from God whose name was John 2 ." 
 
 During these wars in eastern Europe, thousands of 
 Christians were swept away to hopeless slavery on every 
 inroad of the Moslems, and the coasts of every Christian 
 country bordering on the Mediterranean, as well as the 
 peaceful merchant vessel pursuing its course on that 
 sea, were for centuries exposed to their ravages and 
 attacks 3 . These injuries necessarily caused to be di- 
 rected against them, and especially against the Barbary 
 states, those efforts which every government is bound to 
 make for the defence of its subjects, and caused the 
 French alliances with Turkey 4 to be regarded with 
 astonishment and abhorrence. It was on this account 
 
 1 In 1529 and 1683. 
 
 2 Coyer, Histoire de Jean Sobieski, Tom. n. p. 334. 
 
 3 The Mahometans " used to descend upon the shores of 
 the Mediterranean for the purpose of procuring slaves; and 
 scarcely at present can any one form an adequate estimate of 
 the horrors and desolation which they produced in Sicily, in 
 Campania, Calabria, and generally along the coasts of Italy and 
 Spain." Digby's Mores Catliolici, Vol. vn. p. 138, where refer- 
 ence is made to many original authorities. 
 
 4 Especially those of Francis the first and Louis the four- 
 teenth. 
 
CH. VII.] AND NON-CHRISTIAN STATES. 113 
 
 also that the earlier publicists laid down the rule that 
 Christian powers could, without incurring moral guilt, 
 only in cases of the utmost emergency, employ those who 
 were not Christians, even in their strict defence 1 , to the 
 enforcing of which decision public opinion then annexed 
 no inconsiderable sanction. 
 
 Grotius assents to this doctrine when he adopts the 
 language of the rebuke given by the archbishop of Eheims 
 to his sovereign, " Nihil enim distat utrum quis se paganis 
 societ, an aboegato Deo idola colat ; " and condemns any 
 course whatever being adopted which may increase the 
 power of the infidel, the lessening of which, he says, all 
 Christian states are bound to pursue, by furnishing either 
 men or money 2 ; and in England the legal text writer of 
 greatest authority expressly declares it to be contrary to 
 common law to conclude a treaty mutui auxilii with a 
 non-Christian power 3 . The influence of Christianity, 
 properly speaking, though perhaps perverted in Spain*, 
 has not led Christian nations to the persecution of 
 
 1 Arias, de Bello et ejus Justitia, § 192, and M. Landensis, 
 Tractatus de Bello, Questio 3, both in the 16th vol. of Tractatus 
 Traetatuum. 
 
 2 Lib. II. ch. 15, §§ II, 12, this last remark related more 
 immediately to a different state of things than that which has 
 existed in Europe for the last 150 years. 
 
 3 Coke's 4th Institute, p. 155. 
 
 4 It would be interesting to trace, in the earlier records of 
 the Spanish proceedings against the Morescoes, how far their 
 severity was the consequence, and not the cause, of the constant 
 seditions of the latter, and of the information they furnished 
 the Barbary pirates. 
 
 8 
 
114 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 Mahometans, as such, but simply to reduce them to a 
 state which disables them from harassing Christendom, and 
 their treatment at the hands of Christian states, consider- 
 ing the provocation and injury these latter have received, 
 has been characterised by a considerable degree of for- 
 bearance and moderation. The following extract from 
 the Assises of Jerusalem, in regard to those who should 
 assist the enemy (the Saracens), is exactly the same as 
 any similar ordinance of the present day would be : " Ce il 
 avient que un marenier ou un marchant, quy que il soit, 
 porte avoir devee en tere des Sarazins, si com est se il 
 porte armeures, haubers, chauses de fer, lanses et bales- 
 tres, heaumes ou verges d'asier ou de fer, et il en pevent 
 estre atent en la court de la mer par les mareniers ou par 
 les marchans qui la estoient, que seuiront que il vendi et 
 porta as Sarazins selui avoir devee, et ce que il porta 
 monta plus de un marc d'argent, tout quan qui il avoit 
 doit estre don seignor de la tere, et doit estre ingie par la 
 court des boujois a pendre par la goule, puis que les 
 iurez de la mer averont resen devant eaus les guarens de 
 ceste choze ; et ce est droit et raison par Tassize 1 ." Of a 
 similar nature is the following decree of the third council 
 of the Lateran. " Ita quorumdam animos occupavit saeva 
 cupiditas, ut cum glorientur nomine Christiano, Saracenis 
 arma, ferrum, et lignamina galearum deferant, et pares 
 eis, aut etiam superiores in malitia fiant, dum ad impug- 
 nandos Christianos, arma eis et necessaria subministrant. 
 Sunt etiam, qui pro sua cupiditate in galeis et piraticis 
 1 Ch. xliv. 
 
CH. VII.] AND NON-CHRISTIAN STATES. 115 
 
 Saraeenorum navibus regimen et curam gubernationis 
 exercent. Tales igitur a communione ecclesise prsecisos, 
 et excommunicationi pro sua iniquitate subjectos, et re- 
 rum suarum, per sseculi principes catholicos et consules 
 civitatum, privatione mulctari, et capientium servos, si 
 capti fuerint, fore censemus. Prsecipimus etiam ut per 
 ecclesias maritimarum urbium crebra et solemnis excom- 
 municatio proferatur in eos 1 ." Nor is this extract from 
 the Consulate, providing, that when vessels were sold in 
 territories of the Saracens, Christian sailors should be 
 afforded the means to convey themselves to a Christian 
 land, dictated by any feelings of bigotry or evincive of any 
 ill will towards Mahometans. " Si nau b leny se vendia en 
 terra de Sarrains, lo senyor del leny deu donar leny 6 
 vianda als mariners entro que sien en terra de Crestians 
 onpugnen haver recobre 2 ." National manners change but 
 slowly, and ages are required to eradicate long-established 
 customs and inveterate habits. The cruelties in Servia, 
 in 1815, the awful massacre at Scio, and the atrocities 
 committed on the Christians in almost every city of the 
 Turkish empire at the time of the Greek revolution, 
 prove that the old Turkish mode of treating Christians is 
 not forgotten, and time alone can show the sincerity of 
 any other line of conduct which may be pursued towards 
 them. 
 
 The Crusades afforded further examples of the right 
 of waging war to prevent persecution of Christians, and 
 
 1 Ch. xxiv : in Sacrosancta concilia sub ann. 1179. 
 
 2 Capitol evil. 
 
 8—2 
 
116 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 eventually produced a more catholic spirit in Christendom. 
 In after times such powers as obtained any extra- 
 ordinary concessions, extended them to Christians irre- 
 spective of nationality or difference of creed. But 
 these powers by no means either sought or seek to 
 injure Mahometans, as such, and can of course, conclude 
 treaties with them, whenever by so doing they do not 
 injure the cause of Christianity, and have the means of 
 benefiting the Mahometans themselves; or, above, all, 
 their own Christian brethren of the eastern Churches, 
 it being their duty to take advantage of every oppor- 
 tunity of doing good to all, " especially to those of the 
 household of faith." 
 
 Section II. 
 
 The Influence of Christianity upon International Trans- 
 actions between Christian and non- Christian States 
 other than Mahometan. 
 
 The first instances of which it will be necessary to 
 make mention here, will be the Saxon wars of Charle- 
 magne, and the wars of the Teutonic knights. As 
 regards the former, it is essential to remark, that they 
 were not fresh wars then first commenced, but the 
 conclusion of a long contest between two races of in- 
 vading nations. Hostilities had been going on between 
 the Franks and Saxons for many years previous 1 , and it 
 would be alike difficult and unprofitable to determine 
 
 1 Ozanam, Civilisation Chritienne des Francs, p. 227. 
 
CH. VII. J AND NON-CHRISTI AN STATES. 117 
 
 which people were the first aggressors. The proximate 
 causes of Charlemagne's campaigns were an insult offered 
 to a Christian missionary, and the persecution of native 
 Christians 1 , which, considering the peculiar nature of the 
 age, rendered it probably a necessity, as well as a duty, 
 for him to take vigorous measures to anticipate and 
 counteract the attacks of paganism. 
 
 The wars of the Teutonic knights in Ermeland, 
 Prussia, Samogitia, Courland, Liefland, and Esthonia, 
 those of the Poles in Prussia and Lithuania, and of the 
 Swedes in the modern duchy of Finland, arose in a 
 similar manner. The accounts given by Adam of Bre- 
 men of the inhabitants of Courland and Estland 2 , that 
 of the Carelians and Finns in Geijer's history of the 
 Swedes 3 , and that of the Livonians and Lithuanians in 
 Digby's Mores Catholici 4 , show, what can readily be 
 conceded, that their manners were similar to those of 
 the worst classes of the invading nations ; that they were 
 always ready to attack their neighbours, and persecute 
 such of their own countrymen as became Christians; 
 and that the establishment of the Teutonic and Sword- 
 bearing Orders was a step necessary for the defence of 
 
 1 Ibid. pp. 241 — 254. Sismondi, Histoire des Franpais, Tom. 
 n. pp. 234, 235. Schmidt, Histoire des Allemamds, Tom. n. chs. 
 1,2. 
 
 2 In his short treatise, Be Situ Danicce, which contains 
 descriptions of the different tribes bordering on the Baltic, 
 whose manners were very similar. 
 
 s Chapter 3. 
 
 * Vol. vil. pp. 255 — 260. 
 
118 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 the north-eastern outposts of Christendom. Whatever 
 cruelties and oppressions these Orders may have com- 
 mitted, are certainly unjustifiable ; but in the course of 
 the wars in which they were engaged, they had an 
 undoubted right to plan and make conquests, and govern 
 the countries they conquered. 
 
 The conquest of many countries held by pagans, 
 and the assent of the popes having been generally in 
 the first instance sought, on account of the assistance 
 their sanction afforded, gave rise to the notions that 
 Christians had a right to pagan countries, and that the 
 popes could bestow them on whom they pleased. But 
 these very erroneous views found opponents among the 
 ablest writers of the middle ages; Bonnor declared that 
 war could not be lawfully made against Saracens as such 1 ; 
 and Paul Voladimir, rector of the university of Cracow, 
 denied, before the council of Constance, " that Christians 
 were permitted to convert infidels by force of arms, and 
 that the lands of the infidels lawfully belonged to Chris- 
 tians 2 ;" and later, Victoria and many others made simi- 
 lar declarations. Victoria's opinion is entitled to the more 
 consideration, inasmuch as he attributed great influence 
 to the papacy, for while holding " Papa nullam potesta- 
 tem temporalem habet in barbaros Indos, neque in alios 
 infideles s ," and again, " Principes Christiani, non possunt 
 etiam authoritate papae,coercere barbaros a peccatis contra 
 
 1 L'Arbre des Batailhs, oh. 35. 
 
 2 Krasinski, Religious History of the Slavonic Nations, p. 124. 
 
 3 Relectio v. Be Indes, Sec. 2, $ 6. 
 
CH. VII.] AND NON-CHRISTIAN STATES. 119 
 
 legem naturae nee ratione illorum eos punire'," he also 
 states, " Papa potuit negotium conversionis Indorum bar- 
 barorum solis Hispanis demandare, et omnibus aliis non 
 solum prsedicationem, sed etiam commercium interdicere : 
 Si ita expediret ad Christianse religionis propagationem 2 ." 
 But the contrary opinions were too favourable to 
 papal pretensions not to be strenuously asserted by the 
 popes, and it is here that their claim to dispose of the 
 sovereignty of kingdoms appeared in its most extravagant 
 form. Not content with the authority they had obtained 
 over most Christian nations, they asserted an exclusive 
 power of bestowing heathen countries on the Christian 
 state, whose subjects first attacked or discovered them 3 : 
 and those nations which disregarded this pretended right 
 of making these grants, nevertheless adopted the princi- 
 ple on which they were founded 4 , Tiz. that the rights of 
 property of the old inhabitants yielded to the claims of 
 discovery of the first Christian power whose subjects 
 arrived on their coasts, and that these claims barred 
 those of all subsequent comers. It thus became a ques- 
 tion of mere force, on which the fate of newly discovered 
 countries rested. Those in which firm governments were 
 established were treated with some degree of considera- 
 tion, but others were at once seized. Spain 6 and Portugal 
 
 1 Ibid. § 16. a ibid. Sec. 3, § 10. 
 
 3 Especially in the grants to Spain and Portugal. 
 
 * Conf. patents of Henry the Seventh and Elizabeth. Ward, 
 Vol. ii. pp. 114, 115. 
 
 6 See Eaynal's Account of the Proceeding of European Nations 
 in the East and West Indies. 
 
120 TRANSACTIONS BETWEEN CHRISTIAN [PT. I. 
 
 share the infamy of setting the example of this utter 
 disregard of the rights of the original inhabitants ; but 
 it must be also stated that the other European nations, 
 whenever opportunities offered, unhappily showed an 
 equal disposition to follow in their footsteps. On the 
 great maritime discoveries which distinguished the last ten 
 years of the 15th century, in the east the smaller islands 
 were almost immediately subdued by the Portuguese, and 
 Africa owed its escape from the same fate to its extent and 
 its best ally its climate. The desolation of America and of 
 the West India islands by the Spaniards, in a compara- 
 tively enlightened age, is one of the most awful events 
 recorded in history. The pretence for most of these 
 brigandages, on the largest scale, was to compel the un- 
 happy inhabitants to relinquish certain practices to which 
 they were supposed to be addicted, to profess Christianity, 
 and to become subject to the authority of the See of 
 Eome, and of the power to whom it had given their 
 country. In case of refusal they were to be treated as 
 enemies. But the contemporary writers on international 
 law justly condemned such proceedings, and clearly 
 showed, that though Christianity might be often their 
 pretence, it really had nothing to do with them ; and 
 further, that those general maxims of equity and justice, 
 which are the basis of every system of international law, 
 are to be observed by nations to each other irrespective 
 of the religions they profess 1 . 
 
 1 Victoria's opinion has been already quoted. Mackintosh, 
 Progress of Ethical Philosophy, § 3. 
 
CH. VII.] AND NON-CHEISTIAN STATES. 121 
 
 The territories which the several European nations 
 seized in different parts of the world as above described, 
 have now generally been acknowledged as theirs in differ- 
 ent kinds of international compacts. But to this day 
 Christian powers, where they are not restrained by the 
 fear of exciting the jealousy and opposition of other 
 nations, seem still to consider themselves justified in dis- 
 regarding the rights of the original inhabitants of any 
 places they may choose to seize 1 . It would be out of 
 place here to discuss at length what constitues a right for 
 any nation to occupy thinly populated districts, further 
 than to observe that for Christian nations entirely to 
 overlook the rights of others, as in this respect, especially, 
 they have but too often done, is utterly at variance with 
 the gospel precepts in regard to the respect with which 
 they should be treated. 
 
 1 The most recent examples are those furnished by the 
 conduct of the French in Tahiti, the Marquesas, and New 
 Caledonia; and that of the Russians in Manchuria. 
 
CHAPTER VIII. 
 
 The Influence of Christianity as regards International 
 Regulations relative to the African Slave-trade. 
 
 The state of slavery in western Europe during the mid- 
 dle ages, so far as it pertains to this subject, has already 
 been treated of, as well as the causes which led to its 
 decline and cessation, the principal of which, as was then 
 stated, was the influence of Christianity, whether exerted 
 directly or indirectly. But, at the time when slavery had 
 very nearly disappeared in western Europe, and when in 
 those countries where it still partially remained, it was 
 assuming the milder form of serfdom or villeinage, a new 
 species arose. For on the settlement of the new world, 
 the Spanish colonists in America, having by their oppres- 
 sions exterminated in many places the native inhabitants, 
 and being themselves unable or unwilling to perform 
 agricultural or mining labours, adopted the expedient of 
 importing slaves from Africa, and thus the African slave- 
 trade, of which traces are found in the earliest times, 
 received a fresh impulse, and took a new direction. The 
 observations to be made here respecting it will be confined 
 to showing the influence of Christianity upon the portion 
 of international law to which it belongs. 
 
 At the time that the West India branch of the 
 African slave-trade arose, clear ideas respecting the real 
 rights of war and the treatment of prisoners were not 
 
CH. VIII.] INFLUENCE OF CHRISTIANITY, &C. 123 
 
 generally entertained ; and though Soto, the arbiter in the 
 case of the Indians, argued between Sepulveda and the 
 good Las Casas, was the first who condemned the African 
 slave-trade, it would appear that his condemnation was 
 rather of the means by which it was carried on than of 
 the traffic itself, inasmuch as he seems to have recognised 
 the rules of warfare then observed 1 , and Las Casas, in 
 order to put an end to the sufferings of the Indians, 
 assented to the plan of providing negro slaves in their 
 place, which had been put into practice on a small scale 
 so early as the year 1505 2 . This form of slavery thus 
 commenced was, for many years, of very limited extent. 
 The development of the resources of the new world led 
 to its gradual increase, until a participation in its unhal- 
 lowed profits was sought with eagerness by most Euro- 
 pean nations. But Christianity which had centuries before 
 combatted and overthrown the slave institutions of the 
 nations which ruled in western Europe in the middle 
 ages, in like manner combatted, and is still employed in 
 overthrowing, the same institutions which have appeared 
 in a worse form in the various countries of the new world : 
 and there is every reason to expect* that, in course of 
 time, the remaining Christian slave-holding states will 
 seek to do away with institutions which are practical 
 contradictions to the sincerity of their belief in the reli- 
 gion they profess. Yet an international jurist who 
 
 1 Wheaton's History of the Law of Nations, p. 34. 
 
 2 Quintana, Vida de Fr. Bartoloml de las Casas, more par- 
 ticularly Appendix 7. 
 
] 24 INFLUENCE RELATIVE TO [PT. I. 
 
 considers that the present condition of the different classes 
 of society in modern Europe is owing in a great measure 
 to the gradual cessation of slavery, and who further con- 
 siders the ill effects of sudden manumissions for which no 
 classes of communities are prepared, cannot but come to 
 the conclusion that as national manners change but 
 slowly, the gradual relaxation and abolition of slavery by 
 measures adapted respectively to each different country, 
 and drawn up with due regard to the circumstances of the 
 state, is the course he is bound to urge both internation- 
 ally and also in the case of each particular country. 
 Especially when remembering that nothing produces 
 more pernicious effects than an ill-regulated benevolence, 
 and that slavery, more than any other evil result of a 
 vicious system of polity, requires from its very nature the 
 aid of time to remove the consequences to which it of 
 necessity leads. 
 
 Towards the end of the last century many persons, in 
 this country especially, being convinced of the insufficiency 
 of the grounds upon which Negro slavery was defended, 
 began to exert their influence to procure its abolition, 
 and their efforts have been attended with success 1 . It is 
 extremely gratifying to consider that it was the subject 
 of a prize Essay, given out by the Eev. Peter Peckard, 
 Master of Magdalene, one of those who from Christian 
 principles were decidedly opposed to this traffic, when 
 
 i Observations and notices respecting the early abolition- 
 ists may be found in Clarkson's Strictures on the Life of Wilber- 
 foree by his sons. 
 
CH. VIII.] THE AFRICAN SLAVE-TRADE. 125 
 
 Vice-Chancellor of this University in the year 1784, that 
 first induced Clarkson ' to turn his attention to this sub- 
 ject, and led him to those zealous exertions for its sup- 
 pression which brought the iniquities of the traffic so 
 prominently into notice. 
 
 Great Britain, it may be stated with a just feeling of 
 pride, first made this question one of international import- 
 ance, and at Paris in 1814, and at the congresses of 
 Vienna and Verona in 1815 and 1822, obtained declara- 
 tions condemnatory of this traffic from the principal Euro- 
 pean powers there represented. She has since entered 
 into various treaties for its suppression with almost all 
 the nations of the earth, by which all rights necessary for 
 this object are mutually conceded, and especially the 
 right of search. 
 
 The African slave-trade has thus become internation- 
 ally condemned 3 : many nations have also declared it to 
 be piracy, and with more or less sincerity sought oppor- 
 tunities of recording their detestation of it. These efforts 
 now seem in a fair way of being attended with general 
 success by means of the adoption of Christian principles 
 of action, operating through the agency of the more 
 enlightened ideas of humanity now entertained, and of 
 the progressive advancement of civilization. 
 
 1 The Members' prize for 1784. Clarkson was the first 
 prizeman among the middle Bachelors. 
 
 2 Mention is made of several early American anti-slavery 
 writers, and the whole subject is treated at length in Wheaton's 
 History of the Law of Nations, pp. 585 — 698. It is impossible 
 however to concur in all his opinions and conclusions. 
 
CHAPTER IX. 
 
 The Influence of Christianity upon the International Law 
 of Eastern Christendom. 
 
 The Christian countries of the East, in respect of their 
 international relations, form two distinct sets of commu- 
 nities. The first comprises those which formed part of 
 the Roman empire, and those European nations which 
 owed their conversion to the eastern empire, and have 
 now become part of the great Christian commonwealth of 
 states. The second comprises the Christian provinces of 
 Abyssinia which have never formed any such intimate 
 connexion with the nations of Europe. In accordance 
 with this division the observations to be here made, rela- 
 tive to the international law of eastern Christendom, will 
 be treated of separately, in the manner thus indicated. 
 
 Section I. 
 
 The Influence of Christianity upon the International Law 
 of the Eastern Empire. 
 
 The influence of Christianity in the eastern empire, 
 considering the great variety of untoward circumstances 
 which afflicted those countries, was very great, and yet it 
 is extremely difficult to be traced step by step 1 . In the 
 
 1 Many interesting observations respecting the eastern 
 empire are contained in M. Biot's Abolition de Vesclavage en 
 
CH. IX.] INFLUENCE OF CHRISTIANITY, &C. 127 
 
 corruption of manners which everywhere prevailed, conse- 
 quent on the wars which overthrew the Eoman rule in 
 the West, the barbarous custom of pillaging shipwrecked 
 persons even crept into the eastern empire 1 , but was 
 rigorously condemned in theBasilicon 2 , Basilicon Minor 3 , 
 the so-called maritime laws of Rhodes 4 , as well as in 
 some other compilations of laws. The legislation on 
 this point appears to be all that can be attributed to 
 the influence of Christianity in the maritime codes in 
 force in the eastern empire, but in respect of the inter- 
 national rights of war, as there observed, the influence 
 of Christianity is very apparent. An early example 
 of this is afforded in the conduct of Heraclius in his 
 Persian war, especially in the language of his address 
 to the Eoman army . on descending into the plains of 
 Media, as well as in his repeated offers of peace to 
 Chosroes, when, after the fall of Dastargard, he pursued 
 through the heart of Persia, through realms where the 
 legions of Rome had never before penetrated, the then 
 vanquished monarch, who as a conqueror had for a 
 quarter of a century harassed the eastern empire 5 . 
 
 In the wars of that empire with the different races of 
 barbarians, as these latter reduced to slavery the captives 
 whose lives they spared, the former in retaliation followed 
 
 Occident, a treatise which obtained the medal of the French 
 Academy of Sciences. 
 
 1 Pardessus, Lois Maritimes, Vol. I. p. 143. 
 
 2 Ibid. p. 189. 3 Ibid. p. 199. 4 Ibid. p. 257. 
 '•> Gibbon, ch. 46. 
 
128 INFLUENCE ON INTERNATIONAL LAW [PT. I. 
 
 their example 1 , provided always that these prisoners 
 were not Christians ; for, mindful of the teaching of 
 the Gospel, they did not reduce to slavery their captive 
 Christian brethren, whatever form of Christianity they 
 might profess. Great indeed is the contrast between the 
 conduct of that Government in regard to this portion of 
 the international rights of war as observed in the middle 
 ages, and that of the different nations of western Chris- 
 tendom, as well in respect to their wars between them- 
 selves as to those between them and the eastern empire 2 : 
 and Grotius also bears witness to a feeling and disposition 
 of the same nature, viz. that desire to avoid destruction of 
 human life which renders the history of the empire so 
 remarkable. " Certe apud Grsecos Christianissimum pro- 
 fessos diu observatus est canon quo sacris ad tempus 
 arcebantur qui hostem in qualicumque bello interfecis- 
 sent 8 ." 
 
 1 " Une certaine durete dans les moeurs devait etre entre- 
 tenue par les invasions des peuples barbares, accompagnees de 
 tous les exces de la force brutale. Oomme ils eramenaient en 
 esclavage, les Grecs prisonniers, il etait naturel que, par une 
 sorte de talion, les barbares, prisonniers des Grecs, fussent 
 aussi rendus esclaves." Biot, De I'abolition de I'esclavage ancien 
 en Occident, p. 229. 
 
 2 Ibid. pp. 233 — 237. 
 
 * Grotius, Lib. n. ch. 24, ad fin. It is somowhat strange 
 that in the work of Constantine Porphyrogenitus de Adminis- 
 trando Imperio, the only use made of Christianity in regard to 
 international transactions is, to render it the supposed authority 
 for certain tales to be told neighbouring nations as to the 
 reasons why royal alliances should not be formed with them, 
 or Greek fire and regal ornaments given to them. 
 
CH. IX.] ON EASTERN CHRISTENDOM. 129 
 
 Supplementary to the remarks which have already 
 been made in this Essay respecting slavery, it may be 
 here stated, that besides the limitations of slavery in the 
 Eastern empire — by reason of circumstances above men- 
 tioned, and the legislative enactments of the emperors to 
 facilitate manumissions, and by this means to lead to the 
 general and gradual abolition of slavery — there were not 
 wanting persons who on Christian grounds condemned 
 all slavery whatever 1 , and ably and successfully followed 
 out the teaching of St Ohrysostom 2 . 
 
 It is unnecessary here to treat at length of the causes 
 which led to the fall of the Eastern empire, any more 
 than was before done in the case of the Western. Some 
 of these sprang from internal dissensions, but the greater 
 part were derived from the effects of the continuous attacks 
 of races far inferior in civilization to the people they con- 
 quered, aggravated and aided by the treacherous assistance 
 or open hostility of the papacy and its adherents 3 . The 
 feigned disapproval which the legates alleged as their 
 
 1 " Simeon le jeune, qu'on presume conteroporain de Manuel 
 Comnene, nous dit, dans son 10 e Discours, que la servitude n'a 
 jamais &t& gtablie par le Createur, qu'elle est nee de la perver- 
 sity mutuelle de ceux qui etaient du meme sang." Biot, p. 237. 
 
 2 "Now should any one ask whence is slavery, and why it 
 has found entrance into human life, (and many I know are both 
 glad to ask such questions, and desirous to be informed of 
 them,) I will tell you, slavery is the fruit of covetousness, of 
 extravagance, of insatiable greediness." Homily XXII. on 
 Epistle to Ephesiam, (ch. vi. 8, 9.) 
 
 3 See more especially the extraordinary conduct of the 
 Western powers and the Genoese auxiliaries, in Gibbon, ch. 68. 
 
 9 
 
130 INFLUENCE ON INTERNATIONAL LAW [PT. I. 
 
 motive in leaving the fourth crusade, when to gratify pri- 
 vate resentment it was turned against a Christian empire 1 , 
 was too much assumed to be long observed ; and the con- 
 duct ever since pursued towards the Greeks by most of 
 the nations of Christendom cannot be too severely or 
 unequivocally condemned. 
 
 Those European countries which owe their conversion 
 to Christianity — and consequently their civilization — to 
 the Eastern empire, with the exception of those now com- 
 prised in the Russian dominions, have long since ceased 
 to exist as independent states. It is therefore of Russia 
 alone as their representative that we have now to speak. 
 It was England that first as it were introduced Russia 
 to the West, in the middle of the sixteenth century; 
 but it was not until the commencement of the last 
 century, and especially after the Treaty of Nystadt in 
 1721, that she formed any intimate relation with western 
 Europe. The long wars she was engaged in with Tartar 
 tribes, and the ravages which necessarily accompany the 
 Tartar mode of warfare, greatly retarded her progress in 
 civilization; added to which it is very important to 
 observe, that she never came under the power of those 
 circumstances to the influence of which the present state 
 of society and civilization, so far as regards international 
 law, in western and central Europe, is mainly to be 
 ascribed ; and slavery still exists there under the form of 
 serfdom. These are the principal causes that have hitherto 
 
 1 Sismondi's Italian Republics, Vol. n. p. 372, 
 
CH. IX.] ON EASTERN CHRISTENDOM. 131 
 
 prevented Russia from being on the same footing as the 
 other states of Europe, and they have produced their 
 necessary effects upon her international transactions. 
 
 Similarity of religion has naturally often caused her to 
 interfere on behalf of the Christians in Turkey ; but these 
 interferences have too often partaken more of political 
 than of religious grounds of action. 
 
 The well-known story of the fall of Poland shows, 
 by the eagerness with which Russia acquiesced in and 
 followed up the scheme for the partition of that unhappy 
 country, emanating from the courts of Berlin and 
 Vienna 1 , that the actions of her government were then 
 guided by no considerations of natural justice. The 
 manner in which her wars have always been conducted, 
 the reckless disregard for human life and human suffering 
 which has characterised them, evince both the effects of 
 an imperfect civilization, and the little influence which 
 Christian principles have hitherto exerted over her 
 national policy. 
 
 It is very pleasing, on the other hand, to observe the 
 efforts Russia has made, at great sacrifice of life and at 
 vast expense, to suppress the slave-trade carried on by the 
 barbarous tribes of Circassia. She has there with great 
 singleness of purpose strenuously endeavoured to put an 
 end to a species of slavery resulting from the teaching of 
 the Koran, which has sprung up in those regions in a 
 form the most debasing and demoralising that even 
 slavery has ever assumed. 
 
 1 Mackintosh, Account of the Partition of Poland. 
 
 9—2 
 
132 INFLUENCE ON INTERNATIONAL LAW [PT. I, 
 
 Russia has long since come under the international 
 law which regulates the transactions of the rest of Christ^ 
 endom. The above observations are intended to show that 
 the unhappy events of her early history have left traces 
 which — principally from the absence of those counteract- 
 ing circumstances that urged forward the civilization of 
 the West — are not yet obliterated, and are more or less 
 observable in all her international transactions. 
 
 Section II. 
 
 The Influence of Christianity upon the International Law 
 of Abyssinia. 
 
 Christianity was introduced into Abyssinia in a 
 corrupted form 1 , and has been mixed up with many Jew- 
 ish superstitions 2 , which have been perpetuated in a great 
 measure by the rise of Islamism, about eighty years after 
 the conversion of that country, having cut off from it 
 all permanent or secure communication with the rest of 
 Christendom. When this intercourse was renewed it 
 proved of evil effect ; for the Portuguese, on their arrival 
 on the coast of the Red Sea, by introducing Jesuits, 
 and endeavouring to convert the people to the Romish 
 faith, caused dissensions prejudicial to Christianity 3 ; 
 
 1 The Monophysite errors were introduced by the first 
 missions, and kept up by ecclesiastical dependence on the 
 Coptic Church. 
 
 2 Bishop Russell's Nubia and Abyssinia, p. 265. 
 
 3 For a brief account of these transactions see Nubia and 
 Abyssinia, chs. 3, 5 and 6, and Gibbon, ch. 47, § 6. 
 
OH. IX.J ON EASTERN CHRISTENDOM. 133 
 
 which, together with the long-continued predatory inroads 
 of various barbarous tribes, caused the rapid decline of 
 Abyssinia. Christianity has thus never had an opportu- 
 nity of producing its real effects, or exerting its proper 
 influence in that country; and accordingly frequent in- 
 stances of its influence, especially internationally, cannot 
 reasonably be expected. One remarkable instance how- 
 ever may be cited which exhibits a spirit of toleration 
 well worthy of a Christian state. It was to the tolerant 
 Christian land of Abyssinia that a great part of Maho- 
 met's disciples withdrew on the commencement of the per- 
 secution against them at Mecca 1 . 
 
 There are other circumstances which will further 
 explain the little influence Christianity has been able 
 to exert there. The church indeed did not wholly 
 neglect to teach true Christian doctrines. The ninth 
 section of the Ethiopic version of the Apostolic Constitu- 
 tions declares that Christians ought to forgive the tres- 
 passes of their neighbours, and not let revenge dwell in 
 their hearts nor think evil ; and bishops are enjoined to 
 enforce this : and in the tenth section it is expressly 
 declared to be their special duty to be peacemakers 2 . 
 But the very peculiar policy pursued in regard to the 
 election of the abuna or patriarch, impaired alike the 
 authority and usefulness of the Church 3 . The abuna is 
 by a canon directed to be chosen by the patriarch of 
 
 i Sale's Koran, Preliminary Discourse, J 2. 
 
 2 Piatt's Vidascalia. 
 
 3 Jowett's Christian Researclies, pp. 174, 5. 
 
134 INFLUENCE ON INTERNATIONAL LAW [PT. I. 
 
 Alexandria, and not to be a native of Abyssinia. By not 
 being permitted to consecrate suffragans he becomes the 
 only bishop of the country, and being quite a stranger to 
 the people, their language and institutions, he has ever 
 been incapable of exerting his power in any effective 
 beneficial manner 1 . Legrand shows how this further 
 prejudicially affects the usefulness of the clergy, on ac- 
 count of the abuna's inability to judge of the fitness of 
 those whom he ordains : " II est meme tres difficile qu'il 
 puisse juger de la capacity de ceux qu'il ordonne: la 
 langue dans laquelle on celebre l'office et on administre 
 les sacremens est l'ancienne langue du pais, qu'on 
 n'entend plus, a moins qu'on ne l'apprenne comme nous 
 apprenons les langues etrangeres ; et l'abuna ne S9ait 
 ordinairement non plus la langue sijavante que la vul- 
 gaire 2 ." And thus "from the want of an independ- 
 ent power to give force to humanizing tendencies, the 
 religion which has struck its roots deep into the heart of 
 this singular people assumes rather a passive than an 
 active character 3 . 1 ' 
 
 The sincerity of the attachment of the Abyssinians to 
 Christianity, by which means they stand an oasis amidst 
 the heathen, has indeed been rewarded by the continued 
 independent existence of their native country through more 
 calamities than perhaps ever afflicted any other land ; and 
 while Christianity remains there is hope for a revived 
 
 i Legrand, 9th dissertation, at the end of his edition of 
 Lobo's Relation Historique. 
 
 2 Ibid. p. 287. 3 Eastern Churches, p. 108. 
 
CH. IX.] ON EASTERN CHRISTENDOM. 135 
 
 national Church, as well as for a return of all the bless- 
 ings to which it would again give rise. 
 
 Under other conditions, the Christianity of this land 
 would probably acquire a more active influence, and 
 effectively co-operate as well in the evangelization of 
 eastern Africa, as in the extension in that part of the 
 continent of the international usages of the rest of Chris- 
 tendom. 
 
CHAPTER X. 
 
 The Influence of Christianity upon International Duties. 
 
 These, like some of the international rights above men- 
 tioned, belong in part to polity as well as to international 
 law. For the sake of completeness, however, they will, so 
 far as they relate to the latter, be briefly stated here. 
 
 States, in their capacity of moral agents as well as 
 individuals, have their several duties. It is of their 
 higher or moral duties 1 that mention will now be made, 
 the primary of which are those of humanity, justice, 
 truth, purity, and order; and the duties of moral and 
 intellectual progress, including of course in these that 
 of religious belief. These are in a great measure inter- 
 national duties; they are prescribed by morality, and 
 are enforced with fresh and increased authority by the 
 Christian revelation. And inasmuch as Christians are 
 under stricter moral obligations than those imposed by 
 natural religion, of which their religion is a " republication 
 and external institution 2 ," the conduct of states profess- 
 ing to guide their actions by Christian principles must of 
 necessity be stricter than that of nations who from igno- 
 rance, or a perverse attachment to an infidel faith, have 
 not yet acknowledged the truth of the Christian creed. 
 
 1 Whe well's Elements of Morality, Polity, ch. 3. 
 
 2 Butler's Analogy, Part 2, ch. 1. 
 
CH. X.] INFLUENCE OF CHEISTIANITY, &C. 137 
 
 The duties of Christians are of course to be deduced 
 from the volume which contains their faith : the precepts 
 laid down in it inculcate the most universal and enlarged 
 benevolence 1 , a strict regard for the rights of others 2 , as 
 well as a due performance of our own engagements 3 . In 
 the New Testament there are also injunctions to civil 
 obedience by which, internationally, governments are 
 strengthened, and thus enabled to act with greater promp- 
 titude and effect 4 ; and its encouragements to industry 5 
 tend to dispel that restlessness to which so many national 
 calamities owe their origin. 
 
 Bacon strikingly points out the teaching of Chris- 
 tianity in regard to the general duty of humanity : " We 
 do not read that ever He (our Saviour) vouchsafed to do 
 any miracle about honour or money, save that one for 
 giving tribute to Csesar : but only about the preserving, 
 sustaining, or healing the body of man 6 ." 
 
 The numerous hospitals that exist in Christian coun- 
 tries, the first establishment of which is to be traced to 
 the influence of the precepts of Christianity 7 , show the 
 favourable result that has attended its teaching on this 
 point, as the benefits to be derived from these institutions 
 
 i 1 Cor. xiii. ; 1 Tim. i. 5 ; 1 Pet. iv. 8. 
 
 2 St Matth. yii. 12. 
 
 8 More especially as shown by St Paul's directions in his 
 epistles to all orders and classes of Christians to do their re- 
 spective duties. 
 
 * Rom. xiii. 1 — 7. 6 Ephes. iv. 28. 
 
 6 Advancement of Learning, Book n. Medicine. 
 
 1 Digby's Mores Catholici, Vol. vn. p. 408. 
 
138 INFLUENCE OP CHRISTIANITY, &C. [PT. I. 
 
 have been extended indifferently to the natives of every 
 part of the globe, and to the professors of every creed. 
 
 It is also owing to the influence exerted by the Christian 
 religion on the manners of the nations of Christendom 
 that those international duties owe their origin, to the 
 observance of which, as now customary, no state is posi- 
 tively bound e. g. the extreme kindness and attention 
 which all Christian nations show to the shipwrecked. 
 Yet these have now so become part at least of international 
 duties, that a departure from them would be justly con- 
 sidered reasonable ground for complaint. 
 
 Two instances may be cited in illustration of the 
 foregoing remarks, taken, on account of general acquaint- 
 ance with the circumstances connected with them, from 
 the history of our own land. When the tidings of the 
 earthquake at Lisbon, in 1755, reached this country, 
 parliament unanimously voted £100,000 in aid of the 
 distressed Portuguese, and sent a large portion of the 
 amount in the shape of provisions, though considerable 
 scarcity was prevalent at the time in the British Islands 1 : 
 and the generous manner in which relief was raised in 
 foreign countries on behalf of the Irish, during the late 
 famine, is fresh in the recollection of all. 
 
 1 Smollett's History of England, Book ni. chs. 4, 36. 
 
PART II. 
 
 THE INFLUENCE OF CHRISTIANITY UPON THE IN- 
 TERNATIONAL LAW OF NON-CHRISTIAN NATIONS. 
 
 Preliminary Observations. 
 
 In considering this part of our subject we shall treat only 
 of those non-Christian nations that have come in contact 
 with Christian states, among whom alone the influence of 
 Christianity can be expected to have operated, and among 
 them only in an indirect manner by means of the changes 
 wrought in their international usages by intercommunica- 
 tion with the latter: and we shall consider, first, the 
 influence of Christianity upon the international law of 
 Mahometan, and then, its influence upon that of other 
 non-Christian nations. 
 
CHAPTER I. 
 
 The Influence, of Christianity upon the International Law 
 of Mahometan Nations. 
 
 The long-continued hostilities which existed between 
 Christian and Mahometan nations, consequent upon the 
 religious precepts of the latter, which inculcate war 
 against those not of their own creed, and command that 
 they should take neither a Christian nor a Jew for a 
 friend, necessarily prevented the Christian religion, for 
 several centuries, from exerting any important influence 
 upon Mahometan international law. In the course of 
 these wars, however, it was impossible but that the Chris- 
 tian religion should beneficially affect the Mahometans 
 in an indirect manner; and we find accordingly that 
 chivalry produced some corresponding effects among 
 them. Nureddin, for example, in a spirit worthy of 
 Christian chivalry, refused to take advantage of the death 
 of Baldwin the Third to attack the Christians, and paid a 
 generous homage to the worth of his deceased opponent 1 . 
 But it must be remembered, that their more usual 
 practice was to put to death all prisoners who refused to 
 become renegades 2 , and the religion which gave rise to 
 
 1 Digby's TancreSus, p. 29. 
 
 2 Ibid. pp. 16 and 17 ; Ward, Vol. n. p. 142. 
 
CH. I.] INFLUENCE OF CHRISTIANITY, &C. 141 
 
 that state of things, which enabled it to be said that 
 '•moral feeling of responsibility, and even moral percep- 
 tion of right and wrong, appear to be well nigh extinct 
 among them 1 ," is not one which, while it remains, can 
 admit of the coexistence in any great degree of the bene- 
 ficial results of Christianity. Even those who went to 
 redeem captives were not exempt from their cruelties 2 ; 
 and every account of shipwreck on Moslem coasts, in 
 all their territories until very recently, and in several up 
 to the present time, presents the same unvarying tale of 
 slavery or death. 
 
 When nations have so far retrograded as to fall into 
 the state of barbarism which prevailed among the fol- 
 lowers of Mahomet, the first improvement as regards 
 international law is to be sought in the rights of war. 
 It may not be too much to say that most Moslem na- 
 tions have now adopted those more enlightened views 
 regarding these rights held in Christendom, although 
 they are in a great measure strangers to the views which 
 so beneficially regulate the pacific international relations 
 of modern states. This has been owing chiefly to the 
 circumstance that when foreigners first began to reside 
 in Moslem countries they were specially and of necessity 
 exempted by treaty from being under the jurisdiction of 
 the native tribunals. 
 
 The improvement in the international rights of war 
 among Mahometans derived from their intercourse with 
 
 1 Jowett's Christian Researches, p. 251. 
 
 * Digby's Mores Catholici, Vol. XI. p. 114, &c 
 
142 INFLUENCE OP CHRISTIANITY, &C. [PT. II. 
 
 Christian nations, has only been comparatively recent and 
 gradual 1 ; but it may be hoped that it will not be the less 
 permanent. At the present time they have given up, 
 in actual practice at least, the strict letter of the Koran, 
 that infidel, i.e. non-Mahometan powers are to be made 
 war upon on account of their religion ; and in commenc- 
 ing war have so far improved as not to begin, as was 
 their custom in former times, by imprisoning the ambas- 
 sadors of the nations with whom they go to war, or by 
 seizing as slaves all their subjects then within their terri- 
 tories. On the contrary, they not unfrequently allow these 
 latter a reasonable time for departure. In carrying on war, 
 Mahometans have also ceased as a general rule to reduce 
 their prisoners to slavery, but otherwise carry it on with 
 much of the ferocity which characterizes its rudest stages. 
 These nations however are now considered to be under 
 the same obligations as those of Christendom to observe 
 the international law of the latter so far as it is applica- 
 ble to them. 
 
 These latter remarks of course do not apply to the 
 Moslem tribes of the Sahara, who appear to be not at 
 all, or at most very slightly raised above the condition 
 of barbarism into which nearly all African tribes have 
 fallen, 
 
 1 "It was not till the year 1828 that Turkey and Persia 
 regularly agreed respecting exchanges, &c. of prisoners." Man- 
 ning's Law of Nations, p. 162. 
 
CHAPTEE II. 
 
 The Influence of Christianity upon the International Law 
 of non- Christian Nations other than Mahometan. 
 
 The Pagan tribes of Africa can only be said to possess 
 the merest rudiments of an international law, the influence 
 of Christianity upon which has been scarcely perceptible. 
 European Christian nations would only interfere, as a 
 general rule, under circumstances requiring them to pro- 
 tect their own subjects from actual ill-usage, or to punish 
 any violent departure from the more ordinary rules of war- 
 fare. Its influence has thus been very slight and indirect 
 through its previous influence upon the international law 
 of those European nations that have entered into any 
 commercial or other transactions with them. 
 
 The transactions of Christian states with the inde- 
 pendent Pagan nations of the east of Asia have led to the 
 opening of those countries to their subjects (in a greater 
 or less degree), as well as to obtaining security for 
 them while resident there. These nations have now 
 come under the more ordinary rules of the international 
 law of Christendom; and on account of their religion, 
 with the happiest prospects for their future progress. 
 " For centuries there has been less war in south-eastern 
 Asia than in any other part of the world. The terrible 
 struggles which have disgraced and devastated not only 
 
144 INFLUENCE OF CHRISTIANITY [PT. II. 
 
 Africa, America, and western Asia, but even civilized 
 and professedly Christian Europe, have no parallel in the 
 furthest east 1 .'" Continued peace has not, nor is it to be 
 expected that it had, been always preserved in these dif- 
 ferent and numerous Buddhist nations, but the sacredness 
 with which Sakya Muni taught that every form of life was 
 to be regarded has tended greatly to prevent the frequency 
 of wars. The jealousy with which they have regarded 
 Europeans must be attributed to and is justified by the 
 improper and unscrupulous conduct of many of the repre- 
 sentatives and subjects of the nations of Europe. But it 
 is to be hoped that these now entertain more correct 
 views as to the conduct they should pursue, and that the 
 limited opening of the countries now referred to may by 
 proper means lead to further and beneficial international 
 communications. 
 
 It does not come within the limits of this Essay 
 to treat of the probable results of the present civil war 
 in China, whether as depending on its Christian cha- 
 racter, or on the accession of that nation to the common- 
 wealth of states connected together by the international 
 law of Christendom. Still less as to the possible conse- 
 quences of the driving out of such a large proportion of the 
 population of that country as the Tartar element consists 
 of, with reference to the consequences of former similar 
 revolutions, and the rolling forward thereby caused of 
 Tartar tribes on the countries of the West, further than 
 
 1 Calcutta Review, No. 38. Buddhism. 
 
CH. II. J ON NON-CHRISTIAN NATIONS. 145 
 
 to remark, that every opportunity should be taken of call- 
 ing attention to the danger it may give rise to of a 
 Tartar invasion of other nations, as exemplified by the 
 events which have always hitherto followed consequent 
 upon troubles in central Asia or northern China, viz. 
 the entrance of the Juts into India, the final fall of the 
 whole race of northern barbarians on the declining empire 
 of Rome, and the rise of the monarchies of Genghis 
 Khan and Tamerlane 1 . 
 
 The peculiar circumstances which caused Japan to 
 adopt a strict policy of non-intercourse with almost all 
 the rest of the world has of necessity hitherto prevented 
 Christianity from exerting any lasting influence on the 
 institutions or usages of that empire. It would be ex- 
 traneous to the subject of this Essay to enter into any 
 discussion respecting the events which led to the adop- 
 tion of this system of policy, but it would appear that 
 the time is not far distant when it will be partially 
 relaxed. It is indeed to be hoped that governments, 
 calling themselves Christian, will prevent any recurrence 
 
 1 Estimating the number of the Tartar population of China 
 at 50,000,000, at least 15,000,000 would survive to cross the 
 frontier, and such an increase to the population of Tartary 
 could not fail to produce serious consequences in central Asia. 
 Any conquest of a civilized country by a Tartar invasion is now 
 of course out of the question, yet a Tartar army would en- 
 counter no opposition worth mentioning either in Persia or 
 Asiatic Turkey, and could do a great deal of mischief in an 
 inroad into south-eastern Russia or northern India. (Sept. 1854.) 
 
 10 
 
146 INFLUENCE OF CHRISTIANITY [PT. II. 
 
 of conduct similar to that which in that country, two 
 centuries ago, reflected such discredit on the subjects of 
 European Nations, as well as on Christian Missionaries 
 and their converts. 
 
 Little need be said respecting the Tartar tribes. The 
 influence of Christianity as connected with the famous 
 Prester John will not be investigated here ; for if such a 
 person existed as an independent Tartar sovereign, the 
 influence which his conversion may have produced was 
 not permanent ; nor does there appear to be any inter- 
 national transaction in the annals of Tartary which can 
 be ascribed to the influence of Christianity as brought 
 about by Nestorian or other Missionaries. When these 
 tribes have left their native deserts, they have always 
 exhibited the same barbarity of manners. 
 
 The independent islands of the Pacific Ocean which 
 have made any progress in civilization, owe that progress 
 entirely to their conversion to Christianity, and have 
 adopted, so far as it is applicable to them, the interna- 
 tional law of Christendom. The islands which yet remain 
 pagan are becoming gradually converted, and the differ- 
 ence produced by the influence of Christianity with regard 
 to the international usages observed by their inhabitants 
 may be perceived by contrasting their present with their 
 former conduct towards other people. 
 
 The influence of Christianity upon the international 
 law of the aboriginal nations of America may be thus 
 stated: The semi-civilized empires of the Mexicans, 
 
CH. II.] ON NON-CHRISTIAN NATIONS. 147 
 
 Muycas and Peruvians, had no means of deriving 
 any advantages from this source while they remained 
 independent. The corrupted form in which Christianity 
 was introduced among them by the Spaniards, and 
 the flagrant disregard evinced by that people of the 
 precepts of the religion they nominally professed, could 
 not but have had a prejudicial effect ; and the general 
 conduct of the Peruvians was more in accordance 
 with the teaching of the Gospel than that of the con- 
 querors. These remarks likewise apply to the inhabit- 
 ants of most of the West India islands. 
 
 The Cherokees, Creeks, and Choctaws, who have, for 
 the most part, embraced the religion of Christendom, have 
 also with their conversion adopted, in a great measure, its 
 civilization. But though the mode of warfare of the non- 
 Christian Indian tribes of North America has been in 
 some slight degree modified by their connexion with 
 Christian nations, its improvement was considerably re- 
 tarded by the circumstance of their being employed as 
 allies and auxiliaries by European nations in their wars 
 on that continent, and having thus had their barbarous 
 customs encouraged. Lord Chatham's reprobation of 
 the conduct of the English Government during the 
 American war has been already referred to. 
 
 In regard to the South American nations, not hitherto 
 mentioned, there is no circumstance which calls for 
 observation here, because the chief event that has oc- 
 curred in respect to them, the change produced in the 
 manners of the tribes on the Paraguay, by the Jesuit 
 
 10—2 
 
148 INFLUENCE OF CHRISTIANITY [PT. II. 
 
 missions 1 , though a matter of considerable interest, is 
 not one of any international importance. 
 
 In conclusion, it may be observed generally, that the 
 progress of all these non-Christian nations was greatly 
 impeded on account of their but too often coming in 
 contact with the outcasts of Christendom, and by reason 
 of the distrust the conduct of these strangers very 
 naturally produced. Christian governments also showed 
 a reckless disregard of the unhappy and deplorable events 
 to which the unprincipled conduct of these their subjects 
 too frequently led. 
 
 The influence of Christianity as regards the inter- 
 national law of these non-Christian states is to be deduced 
 from its previous influence on that of the European na- 
 tions which have had transactions with them, as well as 
 on the general manners of the latter, who, though they 
 have in their dealings with these nations too often neg- 
 lected and disregarded the precepts of the religion they 
 profess, yet by means of their civilization, which is con- 
 stantly progressive, have to a certain extent indirectly 
 introduced the influence of Christian principles. 
 
 Of the foregoing nations those that were formerly and 
 those that are now .much advanced in material civiliza- 
 tion may be also described as being stationary, and not 
 progressive. Their manners towards strangers and in war 
 were mild, and they were acquainted with, and more or 
 less observant of, those general maxims of international law 
 
 1 Southey's History of Brazil, ch. 23, 24. 
 
CH. II.] ON NON-CHRISTIAN NATIONS. 149 
 
 which are found practised by every community not sunk 
 into utter barbarism. But at the same time these maxims 
 contained no principles from whence future improvement 
 might be deduced. This want their intercourse with 
 Christian powers has supplied ; and though in many cases 
 the conduct of Europeans has been productive of evil 
 results, these have been of transient effect, and their 
 worst consequence has been the retarding of this improve- 
 ment. As regards the more barbarous nations, they have, 
 in their dealings with European powers, been in some 
 degree taught or constrained to abandon their ordinary 
 cruel mode of warfare, and to treat strangers with kind- 
 ness ; and a basis has thus been afforded by which they 
 may eventually have extended among them the advan- 
 tages and benefits occasioned by the international law of 
 Christendom. 
 
 Though it is true that, without the religion the 
 civilization of Europe, in its entirety, cannot be received 
 by heathen nations 1 , yet our international law may be in- 
 troduced among them in many and very essential points. 
 By thus extending its benefits even to those who reject 
 its truth, Christianity manifests both its evidence and 
 excellence; and by its influence upon this important 
 branch of jurisprudence, shows the valuable assistance 
 which it has rendered and continues to render in pro- 
 moting the happiness and progress of the human race. 
 
 1 Heeren's Political System of Europe, Vol. n. p. 391. 
 
CONCLUSION. 
 
 We have seen how western Europe gradually emerged 
 from the confusion caused by the barbarian conquest, 
 mainly through the influence of Christianity; how its 
 international law became settled in the seventeenth cen- 
 tury after the publication of the work of Grotius; and how 
 great has been the influence of Christianity, both on the 
 sources from whence that international law has been 
 derived, and on the circumstances which determined its 
 precise form and character. We have seen that the 
 other nations of the world have more or less adopted the 
 rules of the international law of western Christendom, 
 which has, therefore, in a greater degree than any pre- 
 vious system, become that of the world. The improve- 
 ment thus wrought in international law is one, and 
 certainly not the least, of those many blessings which 
 Christianity has conferred upon mankind, and is, indeed, 
 the necessary result of its principles. For, in the language 
 of the first of English philosophers, there never was "any 
 philosophy, religion, or other discipline which did so 
 plainly and highly exalt the good which is communicative, 
 and depress the good which is private and particular, as 
 the Holy Faith 1 ." 
 
 1 Bacon's Advancement of Learning, Book u. Action and 
 Contemplation. 
 
APPENDIX. 
 
 I. 
 
 On the phrase " International Jus." 
 
 The phrase by which the subject-matter of this Essay- 
 can be designated, whether the law of nations or 
 the more appropriate modern one of international law, 
 must have appeared in several instances as not express- 
 ing what was intended. This is the case with all treatises 
 on this subject, and arises from the word "law," often con- 
 veying a different meaning from that which is sought to 
 be expressed. Law has the signification of a rule of action 
 fixed and determinate ; whereas international law is in 
 a great measure made up of unsettled and disputed 
 points and arbitrary usages, differing widely in different 
 parts of the earth. And though it is the tendency of 
 increasing civilization to render it more and more deter- 
 minate, yet the world consists of " sets of nations," many 
 of which are not far advanced in material civilization, 
 to whose ill-defined international law the word can 
 scarcely be applied. 
 
 Jus Feciale, while it could hardly have expressed all 
 that would be meant by such a phrase in imperial Rome, 
 
152 APPENDIX. 
 
 would be far from doing so now, while the law of nature 
 and of nations is ambiguous, being vague, as well as not 
 expressing the subject. 
 
 Dr Zouch appears first to have suggested the more 
 proper designation, the title of his work being " Juris et 
 Judicii fecialis sive Juris inter Gentes; " and this was 
 probably borrowed by a person of the legal learning of 
 the chancellor D'Aguesseau, and afterwards adopted 
 from him by Bentham 1 . But the phrase is neverthe- 
 less open to objection, the signification of the term 
 "international law" not being coextensive with the 
 branch of jurisprudence of which it is the title, nor 
 does it state the exact meaning intended. It may 
 indeed be admitted that this phrase is preferable to the 
 term " law of nations," and well adapted for the present 
 for popular use ; but for purposes of philosophical accu- 
 racy the author would much prefer another phrase, 
 which an eminent living writer has suggested, namely, 
 " international jus 2 ." 
 
 II. 
 
 On the Middle Ages. 
 
 To prevent misapprehension the following observa- 
 tions are offered respecting the light in which the 
 middle ages have been regarded. The disorders and 
 
 1 Wheaton's History of the Lam of Nations, p. 101. 
 
 2 Whewell's Elements of Morality, Book vi. ch. i. 1049. 
 
APPENDIX. 153 
 
 confusions of those times have been considered as the 
 continuation of those of preceding ages : the vast efforts 
 for amelioration which then took place, as the peculiar 
 characteristic of the time. Cruel and grievous oppres- 
 sions prevailed, but not such as are to be found in the 
 history of the barbarian conquest, as well as an enthu- 
 siasm for all that is good, and a deep-seated religious 
 feeling, though often misplaced, to which the world had 
 before been a stranger, and which has never been since 
 revived on so grand a scale. What may now be the case 
 with individuals was then the general rule of action : 
 openly avowed by all and practised by the great majo- 
 rity. All the institutions of the 13th and 14th centuries 
 tended to this direction. The causes which led to their 
 failure to produce permanent commensurate results have 
 been touched upon so far as the subject of this Essay 
 required ; and it is unnecessary to enter into further 
 details here. But though the middle ages were thus 
 distinguished, and they in this manner so completely 
 supplied what was then wanted, there can be nothing 
 more fallacious than to attempt to revive mediaeval cus- 
 toms, institutions, or usages. These were so connected 
 together that they cannot be separately revived or 
 restored ; and the vast changes that have taken place in 
 society during the last three centuries would, even if such 
 were possible, render them wholly unsuited to the pre- 
 sent time. Excellent as the great institutions of the 
 middle ages were, they were incapable of preserving 
 
154 APPENDIX. 
 
 their original form, and in many cases degenerated into 
 systems of polity which were decidedly mischievous. 
 The spirit which gave rise to them is all that we could 
 wish to see revived in the present day. 
 
 III. 
 
 Turkish Firmans in regard to the Circassian Slave-trade. 
 
 With reference to the remarks and observations con- 
 tained in the first part of this Essay (Chapters toi, and ix. 
 sec. 1) respecting the encouragement of slavery by the 
 Koran, and especially the Circassian slave-trade, the 
 author avails himself of this opportunity to subjoin copies 
 of the French version of two Turkish firmans relative to 
 this traffic, which have been lately published. 
 
 Firman. 
 (Traduction.) 
 
 Firman adresse* a Moustafa Pacha, Commandant de 
 l'Armee Imperiale de Batoum, charge' aussi de la 
 defense des cotes de Sohoum, et decore de l'Ordre 
 Imperial de Medjidiy6 de la premiere classe. 
 
 A toi mon Vizir, 
 
 L'on vient d'apprendre et de constater qu'il y a des 
 gens qui prennent de la Georgie des enfants et des 
 femmes, et les vendent en disant que ce sont des 
 esclaves. 
 
APPENDIX. 155 
 
 Je n'ai pas besoin de dire que ce procfide' est tres 
 blamable et abominable. Independamment de cela, c'est 
 aussi une chose contre le point d'honneur et contre l'hu- 
 manit£, et c'est pourquoi j'ai donn€ des ordres que desor- 
 mais ce proced6 soit rigoureusement prohib6 dans ces 
 pays la, et que tout individu qui aura eu l'audace de 
 faire une chose pareille soit sur le champ severement 
 puni. En consequence, le present commandement Im- 
 perial est eman6 de mon Divan Imperial et exp6di6 pour 
 publier mes ordres souverains. 
 
 Inform*; que tu seras de ce dont il s'agit tu porteras 
 a la connaissance de tous ceux qu'il faudra dans ce pays 
 la mes ordres souverains, et dorenavant, comme il a ei6 
 dit plus haut, si un cas pareil se produit le vendeur 
 ainsi que l'acheteur soit imm6diatement puni de la 
 nuuiir.ro la plus rigoureuse. Tu prendras done les 
 mesures les plus energiques afin que chacun sachant 
 avec quelle rigueur l'achat et la vente d'esclaves sont 
 prohibes, personne n'aye l'audace de faire cette chose 
 abominable ; tu feras, done, tout ton possible en faisant 
 les recherches necessaires de decouvrir les femmes et les 
 enfants qui se trouvent au pouvoir de tel ou de tel autre 
 individu, et de les faire consigner a leurs families. 
 
 Des lettres Vizirielles ont 6t6 expedites au Pacha 
 de Trebizonde et aux Gouvernements des Districts de 
 Djanih et de Lazistan contenant des instructions a 1'efFet 
 que les femmes et les enfants ainsi enleves ne puissent 
 pas passer par terre dans l'interieur de l'Anatolie ou 
 
156 APPENDIX. 
 
 d6barquer dans aucune partie, et vous serez constam- 
 
 ment en communication avec ces fonctionnaires sur 
 
 cette matiere importante. 
 
 Tu ajouteras foi au noble chiffre dont est d6cor6 le 
 
 present commandement Imperial, donn6 dans la premiere 
 
 dizaine du mois de Moharrem, l'an 1271 (le 1 Octobre, 
 
 1854). 
 
 Firman. 
 (Traduction.) 
 
 Firman adresse a Moustafa Pacha, Commandant de 
 l'Armee Imperiale de Batoum, charge 1 aussi de la 
 defense des c6tes de Sohoum, et decora de l'Ordre 
 Imperial de Medjidiye" de la premiere classe. 
 
 A toi mon Vizir, 
 
 L'homme est la plus noble de toutes les creatures 
 sorties des mains de Dieu, qui l'a destine a e"tre heureux, 
 en lui accordant la gr&ce de naitre naturellement libre. 
 Mais, contrairement a sa destination primitive et for- 
 tunee, les Circassiens se sont fait une 6trange habitude 
 de vendre les enfants et leurs parents en qualite 
 d'esclaves, et m^me, ce qui se pratique parmi quelques 
 Circassiens, de voler les uns les enfants des autres, et de 
 les vendre comme des animaux et des merchandises. 
 
 Or ces process, vraiment incompatibles avec la 
 dignity de l'homme et contraires a la volont6 du Souve- 
 rain Createur, sont extrgmement mauvais et blamables, 
 et je les condamne aussi completement. C'est pour- 
 
APPENDIX. 157 
 
 quoi je viens d'ordonner, qu'a l'effet d'empgcher cet 6tat 
 de choses, on donne des conseils efficaces et les ordres 
 necessaires et analogues aux Circassiens; qu'en meme 
 temps on prenne des mesures pour empgcher l'em- 
 barquement d'esclaves dans les Schelles qu'il faut pour 
 cela ; et qu'on fasse savoir ce dont il s'agit a toutes les 
 autorit^s militaires et civiles de ces environs la. 
 
 En consequence, le present illustre firman est 6mane" 
 expres de mon Divan Imperial pour publier mes ordres 
 souverains a cet egard. 
 
 Toi, done, Mouchir susmentionn£, inform^ que tu 
 seras de ce que j'ordonne, tu proc6deras avec ce zele 
 qui te caracterise, et cette grande intelligence qui te 
 distingue, a porter ma volont6 souveraine a la connais- 
 sance des Circassiens, et de tous ceux qu'il faudra, en la 
 publiant de la maniere la plus detaillee ; tu feras tout ce 
 que ton savoir-faire et ta sagacity te suggereront pour 
 mettre fin, en donnant et faisant exeeuter les ordres neces- 
 saires, a l'usage illegal et abominable de vendre les enfants 
 et leurs parents ; tu prendras les mesures necessaires pour 
 empe"cher le passage d'esclaves et leur embarquement 
 dans les 6chelles qu'il faut pour cela ; et en outre, 
 comme il est necessaire de punir ceux qui, en contraven- 
 tion a ces ordres, sont coupables de la vente de leurs 
 parents, ou du vol des parents et des enfants d'autrui, 
 ou qui d^sirent les exporter au dehors apres les avoir 
 achates, vous ne negligerez en aucune maniere ce point ; 
 enfin, tu mettras tous tes soins a faire tout ce que 
 
158 APPENDIX. 
 
 ci-dessus, et tu ajouteras foi au noble chiffre dont est 
 decor6 le present commandement Imperial, donn6 dans 
 la seconde dizaine du mois de Moukharem, l'an 1271 
 (commencement d'Octobre, 1854). — Slave-Trade Papers 
 (laid before Parliament), Vol. B. pp. 610, 611. Session 
 of 1855. 
 
 Note. — These Appendices have been added to the Essay, by permis- 
 sion, since the adjudication of the Prize. 
 
 CAMBRIDGE: 
 PRINTED AT THE UNIVERSITY PRESS. 
 
motk& of the Rev. W. ARCHER BUTLER, M.A. 
 late Professor of Moral Philosophy in the Univer- 
 sity of Dublin. 
 
 IN OCTAVO, UNIFORMLY PRINTED, AND BOUND IN CLOTH. 
 
 "May justly take rank with the first writings in our language." — 
 Theologian. 
 
 " An eminent divine and a profound thinker." — English Review. 
 
 "Poet, orator, metaphysician, theologian, 'nihil tetigit quod non ornavit.'" 
 — Dublin University Magazine. 
 
 " Discrimination and earnestness, beauty and power, a truly philoso- 
 phical spirit." — British Quarterly. 
 
 " A burning and a shining light." — Bp of Exeter. 
 
 " A man of whom, both as regards his life and his remarkable powers, 
 his Church may justly be proud." — Guardian. 
 
 Sermons, Doctrinal and Practical. First Series. 
 
 Edited by the Rev. J. WOODWARD, Vicar of Mullingar. Third 
 
 Edition. 8vo. cloth, 12s. With Life and Portrait. 
 
 " Present a richer combination of the qualities for Sermons of the first 
 class than any we have met with in any living writer." — British 
 Quarterly. 
 
II. 
 Sermons, Doctrinal and Practical. Second Series. 
 
 Edited by J. A. JEREMIE, D.D., Regius Professor of Divinity 
 
 in the University of Cambridge. 8vo. cloth, 10s. 6d. 
 
 " They are marked by the same originality and vigour of expression, 
 the same richness of imagery and illustration, the same large views and 
 catholic spirit, and the same depth and fervour of devotional feeling, 
 which so remarkably distinguished the preceding Series, and which ren- 
 dered it a most valuable accession to our theological literature." — From 
 Professor Jeremie's Preface. 
 
 III. 
 
 Lectures on the History of Ancient Philosophy. 
 
 Edited from the Author's MSS., with notes, by W. H. 
 THOMPSON, M.A., Regius Professor of Greek in the Uni- 
 versity of Cambridge. 2 vols. 8vo. cloth, £l. 5s. Just ■ 
 
 " Of the Dialectic and Physics of Plato they are the only exposition at 
 once full, accurate, and popular, with which I am acquainted : being far 
 more accurate than the French, and incomparably more popular than the 
 
 German treatises on those departments of the Platonic philosophy." 
 
 From Professor Thompson's Preface. 
 
 IV. 
 
 Letters on Romanism, in reply to Mr Newman's 
 
 ESSAY ON DEVELOPMENT. 8vo. cloth, 10s. 6d. 
 
 "A work which ought to be in the library of every Student of Divinity.'' 
 — Bp of St David's (Dk Thirlwall). 
 
 " There are books which, while elicited by temporary controversy, 
 become so rich in genius as to possess a permanent value. The book before 
 us is one of this rare class." — British Quarterly, Jan. 1855. 
 
CAMBRIDGE, October 1855. 
 
 MACMILLAN & CO.'S 
 
 PUBLICATIONS. 
 
 .ESCHYLI Eumenides. 
 
 The Greek Text with English Notes : with an Introduction, containing an 
 Analysis of C. O. Miiller's Dissertations ; and an English Metrical Translation. 
 By BERNARD DRAKE, M.A., Fellow of King's College, Cambridge; Editor 
 of "Demosthenes de Corona." 8vo. cloth, la. 6d. 
 
 ANTH0L0GIA Latina Selecta. In 2 vols. Small 8vo. 
 
 Vol. I.— Containing select Epigrams of Catullus, Virgil, Claudian, Ausomus, 
 
 with others from the Anthologia Latina. 
 Vol. II. — Containing select Epigrams of Martial. 
 
 Edited with English notes, by J. E. B. MAYOR, M.A., Fellow and Classical 
 lecturer of St. John's College, Cambridge, Editor of Juvenal. 
 
 [Preparing. 
 
 ARISTOPHANES. The Greek Text revised, with a Com- 
 mentary. By W. G. CLARK, M.A., Fellow and Assistant Tutor of Trinity 
 College. [Preparing. 
 
 ARISTOTELES de Rhetorica. The Greek Text, with English 
 
 Notes. By A Fellow op Tbinity College. [Preparing. 
 
 ARISTOTLE on the Vital Principle. Translated from the 
 
 Original Text, with Notes. By CHARLES COLLIER, M.D., F^BiS., Fellow 
 of the Royal College of Physicians. Crown 8vo. cloth, 8s. 6d. 
 
 BEAMONT.— Catherine, the Egyptian Slave in 1852. A Tale 
 
 of Eastern Life. By W. J. BEAMONT, M.A., Fellow of Trinity College, 
 Cambridge, late Principal of the English College, Jerusalem. Fcap. 8vo. 5a. 6d. 
 
 BENGELII GNOMON NOVI TESTAMENT! in quo ex 
 
 Nativa Verborum vi simplicitas, profunditas, concinnitas, salubritas sen- 
 suum ccelestium indicatur. Editio Tf.rtia. Imperial 8vo. cloth, 18*. 
 
 BOLTON— The Evidences of Christianity as Exhibited in 
 
 the Writings of its Apologists down to Augustine, An Essay which obtained 
 the Hulsean Prize for the Year 1852. By W. J. BOLTON, of Gonville and 
 Caius College, Cambridge. 8vo. cloth, 6s. 
 A 
 
2 MACMILLA.N & CO.'S PUBLICATIONS. 
 
 BRAVE WORDS for BRAVE SOLDIERS and SAILORS. 
 
 Tenth Thousand. 16mo. sewed, 2d. ; or 10s. per 100. 
 
 [Printed far Distribution. 
 
 BROMEHEAD— Leonore. A Ballad by G. A. BURGER, 
 
 Translated from the German by W. CRAWFORD BROMEHEAD, M.A., late 
 Scholar of Trinity College, Cambridge. Crown Svo. sewed, Gd . 
 
 BUTLER (Professor Archer).— Sermons, Doctrinal and Prac- 
 tical. By the Rev. WILLIAM ARCHER BUTLER, M.A. late Professor 
 of Moral Philosophy in the University of Dublin. Edited, with a Memoir of 
 the Author's Life, by Thomas Woodward, M.A. Vicar of Mullingar. 
 With Portrait. Third Edition. 8vo. cloth, 12». 
 
 BUTLER (Professor Archer).— A Second Series of Sermons. 
 
 Edited from the Author's Manuscripts, by J. A. Jeremie, D.D. Regius 
 Professor of Divinity in the University of Cambridge. 8vo. cloth. [Just ready. 
 
 BUTLER (Professor Archer).— Lectures on the History of 
 
 Ancient Philosophy. By the Rev. W. ARCHER BUTLER, late Professor 
 of Moral Philosophy in the University of Dublin. Edited, from the Author's 
 Manuscripts, by William Het-worth Thompson, M.A. Regius Professor 
 of Greek in the University of Cambridge. 2 vols. 8vo. cloth. [Just ready. 
 
 BUTLER (Professor Archer).— Letters on Romanism, in 
 
 Reply to Mr. Newman's Essay on Development. 8vo. cloth, 10«. Gd. 
 
 CAMBRIDGE— Cambridge Theological Papers. Comprising 
 
 those given at the Voluntary Theological and Crosse Scholarship Examina- 
 tions. Edited, with References and Indices, by A. P. MOOR, M.A. of Trinity 
 College, Cambridge, and Sub-warden of St. Augustine's College, Canterbury. 
 8vo. cloth, Is. Gd. 
 
 CAMBRIDGE PROBLEMS— Solutions of the Senate-House 
 
 Riders for Four Years (1848 to 1851). By F. J. JAMESON, M.A. Fellow 
 of Caius College, Cambridge. 8vo. cloth. Is. Gd. 
 
 CAMBRIDGE PROBLEMS. -Solutions of Senate-House 
 
 Problems for Four Years (1848 to 1851). By N. M. FERRERS, and 
 J. S. JACKSON, Fellows of Caius College, Cambridge. 8vo. cloth 15s. Gd. 
 
 CAMBRIDGE PROBLEMS, 1854— Solutions of the Pro- 
 
 ms proposed in the Senate House Examination, January 1854. By the 
 Moderators (W. "WALTON, M.A. Trinity College, and C. F. MACKENZIE, 
 M.A. Fellow of Caius College). In 8vo. cloth, 10«. Gd. 
 
 CAMBRIDGE— Cambridge Guide: Including Historical and 
 
 Architectural Notices of the Public Buildings, and a concise Account of the 
 Customs and Ceremonies of the University, with a Sketch of the Places most 
 worthy of Note in the County. A New Edition, with Engravings and a Map. 
 
 12rao. cloth, Jbs. 
 
MACMILLAN & CO.'S PUBLICATIONS. 3 
 
 CAMBRIDGE FITZWILLIAM MUSBUM.-A Hand-Book 
 
 to the Pictures in the Fitzwilliam Museum, Cambridge. Crown 8vo. sewed, 
 1*. 6d. ; or in cloth elegant, 2s. 6d. 
 
 CAMBRIDGE. — Cambridge Mathematical Journal. Vol. I. 
 
 Second Edition, 8vo. cloth, 18*. 
 
 CAMBRIDGE —Cambridge and Dublin MathematicalJournaL 
 
 The Complete Work, in Nine Vols. 8vo. cloth, 71. 4a. 
 
 ONLY A PEW COPIES OF THE COMPLETE WORK REMAIN ON HAND. 
 
 CHRISTMAS DAWN and NEW YEAR'S EVE 1854-5. 
 
 Second Edition. Crown 8vo. Is. 
 
 COLENSO.— Ten Weeks in Natal. A Journal of a First 
 
 Tour of Visitation among the Colonists and Zulu Kafirs of Natal. By the ■ 
 Right Rev. JOHN WILLIAM COLENSO, D.D. Bishop of Natal, with a 
 Map and Illustrations. Fcap. 8vo. clolh, 5a. 
 
 COLENSO.— An Ordination and Three Missionary Sermons. 
 
 By the Right Rev. JOHN WILLIAM COLENSO, D.D. Bishop of Natal. 
 
 COLENSO— Village Sermons. By the Right Rev. JOHN WIL- 
 
 LIAM COLENSO, D.D. Bishop of Natal. Second Edition. Fcap. 8vo. 
 cloth, 2s. M. ' 
 
 COLENSO.— The Communion Service, from the Book of 
 
 Common-Prayer, with Select Readings from the writings of the Rev. F. D. 
 MAURICE, M.A. Edited by the Right Rev. JOHN WILLIAM COLENSO, 
 D.D., Bishop of Natal. Fine Edition, rubricated and bound in morocco, 
 antique style, 6s.', or in cloth, 2.7. 6d. Csmmon Paper, limp cloth, Is. 
 
 COOPER.— A Geometrical Treatise on Conic Sections. By 
 
 the Rev. J. E. COOPER, M.A. late Fellow of St. John's College, Cambridge. 
 
 {Preparing. t 
 
 COTTON.— Sermons : chiefly connected with Public Events 
 
 of 1854. By G. E. LYNCH COTTON, M.A. Master of Marlborough College, 
 formerly Fellow of Trinity College, Cambridge. Fcap. 8vo. cloth, 35. 
 
 DEMOSTHENES— Demosthenes de Corona. 
 
 The Greek Text, with English Notes. By BERNARD DRAKE, M.A. 
 Fellow of King's Coll. Cambridge, Editor and Translator of the " Eumenides 
 of .aSschylus." Crown 8vo. cloth, 5*. 
 
 DEMOSTHENES. — Translation of Demosthenes on the 
 
 Crown. By J. P. NORRIS, M.A. Fellow of Trinity College, Cambridge and 
 one of Her Majesty's Inspectors of Schools, Crown 8vo. cloth, Si. 
 
4 MA.CMILLAN & CO.'S PUBLICATIONS. 
 
 DRAKE.— Notes Explanatory and Critical on the Books of 
 
 Jonah and Hosea. By WILLIAM DRAKE, M.A. late Fellow of St. John'8 
 College, Cambridge. 8vo. cloth, 9s. 
 
 ENGLAND LOOKING EASTWARD: or, Impressions of 
 
 a Year of War. Second Edition. Sold in aid of the Fund for Officers 
 Widows and Orphans. Crown 8vo. sewed, Is. Gd. 
 
 EVANS— Sonnets on the Death of the Duke of Wellington, 
 
 hy SEBASTIAN EVANS. 8vo. sewed, Is. 
 
 FERRAR — Lives of Nicholas Ferrar, Fellow of Clare Hall. 
 
 By his BROTHER JOHN, and Dr. JEBB. Now first Edited, with Illus- 
 trations, by J. E. B. MAYOR, M.A., Fellow and Assistant Tutor of St. 
 John's College, Cambridge. Fcap. 8vo. cloth, Is. Gd. 
 
 FLOWERS OF THE FOREST —A War Ballad for January 
 
 1855. By M. A. H. Crown 8vo. id. 
 
 FROST— The First Three Sections of Newton's Principia. 
 
 With Notes and Problems in illustration of the subject. By PERCIVAL 
 FROST, M.A. late Fellow of St. John's College, Cambridge, and Mathe- 
 matical Lecturer of Jesus College. Crown 8vo. cloth, 10s. Gd. 
 
 FROST— Thucydides, Book VI. The Greek Text, and English 
 
 Notes : with a Map of Syracuse By PERCIVAL FROST, Jun. M.A. late 
 Fellow of St. John's College, Cambridge. 8vo. cloth, 7s. Gd. 
 
 GODFRAY.— An Elementary Treatise on the Lunar Theory. 
 
 ' With a brief Sketch of the History of the Problem up to the time of Newton. 
 By HUGH GODFRAY, B.A. of St. John's College, Cambridge. 8vo. cloth, 
 5s. 6d. 
 
 GOODWIN— How Christ's Promises are fulfilled. 
 
 A Farewell Sermon preached on the occasion of the departure of the Bishop 
 of Natal, and the other members of the Natal Mission. By HARVEY 
 GOODWIN, M.A., Minister of St. Edward's, and Hulaean Lecturer in the 
 University of Cambridge. 8vo. sewed. 1*. 
 
 GRANT.-Plane Astronomy. 
 
 Including Explanations of Celestial Phenomena, and Descriptions of Astrono- 
 mical Instruments. By A. R. GRANT, M.A., one of Her Majesty's In- 
 spectors of Schools, late Fellow of Trinity College, Cambridge. 8vo, boards, 6*. 
 
 HALLIFAX — Bishop Halifax's Analysis of the Civil Law. In 
 
 which a comparison is occasionally made between the Roman Laws and those 
 of England. A new Edition, with alterations and additions, being the heads 
 of a Course of Lectures publicly delivered in the University of Cambridge, by 1 
 J. W. GELDART, LL.D. 8vo. bds. 8*. 6rf.; interleaved, 10s. 6d.; double in- 
 terleaved, 12s. 6d. 
 
MACMILLAN & CO.'S PUBLICATIONS. B 
 
 HARDWICK.— Christ and other Masters. 
 
 An Historical Inquiry into some of the chief Parallelisms and Contrasts 
 between Christianity and the Religious Systems of the Ancient World. With 
 special reference to prevailing Difficulties and Objections. By CHARLES 
 HARDWICK, M.A., Fellow of St Catherine's Hall, Divinity Lecturer at 
 King's College, and Christian Advocate in the University of Cambridge. 8vo* 
 
 [Nearly ready. 
 
 HARDWICK.— A History of the Christian Church, during the 
 
 Middle Ages. By CHARLES HARDWICK, M.A. Fellow of St. Catha- 
 rine's Hall, Divinity Lecturer in King's College, and Christian Advocate in 
 the University of Cambridge. Author of " A History of the XXXIX. 
 Articles." With Four Maps constr cted for this Work by A. KEITH 
 JOHNSTON. Crown 8vo. cloth, 10s. 6d. 
 
 HARDWICK— A History of the Christian Church during the 
 
 Reformation. By CHARLES HARDWICK, M.A. [In the Press. 
 
 *#* These two Books are part of a Series of Theological Manuals 
 now in progress. 
 
 HARDWICK— Twenty Sermons for Town Congregations. By 
 
 CHARLES HARDWICK, M.A. Crown 8vo. cloth, 6s. Hd. 
 
 HARE.— Two Sermons preached in Herstmonceux Church, 
 
 on Septuagesima Sunday, February 4, 1855, being the Sunday after the 
 Funeral of the Venerable Archdeacon Hare. By the Rev. H.VENN ELLIOTT, 
 Perpetual Curate of St. Mary's, Brighton, late Fellow of Trinity College, 
 Cambridge, and the Rev. J. N. SIMPKINSON, Rector of Brington, North- 
 ampton, formerly Curate of Herstmonceux. 8vo. Is. 6d. 
 
 HEMMING.— An Elementary Treatise on the Differential 
 
 and Integral Calculus. For the Use of Colleges and Schools. By G. W. 
 HEMMING, M.A. Fellow of St. John's College, Cambridge. Second 
 Edition, with Corrections and Additions. 8vo. cloth, 9s. 
 
 HERVEY.— The Genealogies of our Lord and Saviour Jesns 
 
 Christ, as contained in the Gospels of St. Matthew and St. Luke, reconciled 
 with each other and with the Genealogy of the House of David, from Adam to 
 the close of the Canon of the Old Testament, and shown to be in harmony with 
 the true Chronology of the Times. By Lord ARTHUR HERVEY, M.A. 
 Rector of Ickworth with Horringer. 8vo. cloth, ,10s. 6d. 
 
 HOWARD.— The Book of Genesis, according to the Version 
 
 of the LXX. Translated into English, with Notices of its Omissions an'd In- 
 sertions, and with Notes on the Passages in which it differs from our Authorized 
 Version. By the Hon. HENRV.' E. J. HOWARD, D.D. Dean of Lichfield. 
 Crown 8vo. cloth, 8s. 6d. 
 
6 MACMILLAN & CO.'S PUBLICATIONS. 
 
 HOWES.-A History of the Christian Church during the First 
 
 Six Centuries. By J. G. HOWES, M.A. Fellow of St. Peter's Coll. Camb. 
 
 [Preparing. 
 
 *»* This is part of a Series of Theological Manuals now in progress. 
 
 HULBERT.— The Gospel Revealed to Job: or Patriarchal 
 
 Faith and Practice illustrated. By C. A. HULBERT, M.A. 8vo. cloth, 12*. 
 
 HUMPHREYS— Exercitationes Iambicae; or, Progressive 
 
 Exercises in Greek Iambic Verse. To which are prefixed, the Rules of Greek 
 Prosody, with copious Notes and Illustrations of the Exercises. By E. R. 
 HUMPHREYS, LL.D. Head Master of the Cheltenham Grammar School. 
 Second Edition. F.-ap. cloth, 5s. 6d. 
 
 JEREMIE.— Two Sermons Preached before the University 
 
 of Cambridge, on April 26, 1854, and March 21, 1355, being the Days 
 appointed for General Humiliation and Prayer. By J. A. JEREMIE, D.D. 
 Regius Professor of Divinity. 8vo. Is. 
 
 JEREMIE.— Sermon preached before the University of Cam- 
 bridge, on July 1st, 1855, on the occasion of the Death of Professor Blunt. 
 By J. A. JEREMIE, D.D. 8vo. sewed, U. 1 
 
 JEWELL.— An Apology of the Church of England, and an 
 
 Epistle to Seignior Scipio concerning the Council of Trent, translated from the 
 original Latin, and illustrated with Notes, chiefly drawn from the Author's 
 " Defence of the Apology." By A. T. RUSSELL. Fcp. 8vo. bds. 5«. 
 
 JUSTIN MARTYR— S. Justini Philosophi et Martyris 
 
 Apologia Prima. Edited, with a corrected Text, and English Introduction 
 and explanatory Notes, by W. TROLLOPE, M.A. Pembroke College, Cam- 
 bridge. 8vo. bds. 7s. 6d. 
 
 JUVENAL.— Juvenal : chiefly from the Text of Jahn. 
 
 With English Notes for the Use of Schools. By J. E. B. MAYOR, M.A. 
 Fellow and Classical Lecturer of St. John's College, Cambridge. Crown 8vo. 
 cloth, His. id. 
 
 KINGSLEY.-" Westward Ho !" or, the Voyages and Adven- 
 
 tures of Sir Amyas Leigh, Knight, of Burrough, in the County of Devon, in 
 the Reign of Her Most Glorious Majesty Queen Elizabeth. By CHARLES 
 KINGSLEY. Second Edition. S vols, crown Svo. 1/. Us. 6d. 
 
 KINGSLEY.— Glaucus; or, the Wonders of the Shore. 
 
 Second Edition. With a Frontispiece* Fcap. Svo. cloth, 3s. Gd. 
 
 KINGSLEY.— Alexandria and Her Schools: being Four Lec- 
 tures delivered at the Philosophical Institution, Edinburgh. With a Preface. 
 Crown 8vo. cloth,' ' fi*. 
 
MACMILLAN & CO.'S PUBLICATIONS. 7 
 
 KTNGSLEY— Phaethon; or Loose Thoughts for Loose 
 
 Thinkers. Second Edition. Crown 8vo. boards, 2s. 
 
 LATHAM— Geometrical Problems in the Properties of Conic 
 
 Sections. By H. LATHAM, M.A. Fellow and Tutor of Trinity Hall. 8vo. 
 sewed, Ss. Gd. 
 
 LETTERS from Italy and Vienna. 
 
 Small 8vo. cloth, 5s. M, 
 
 LUND— A Short and Easy Course of Algebra. 
 
 Chiefly designed for the use of the Junior Classes in Schools, with a numerous 
 collection of Original easy Exercises. By THOMAS LUND, B.D. late Fellow 
 of St. John's College, Cambridge. Second Edition. 12mo. cloth, 3s. 6d. 
 
 LUSHINGTON.— La Nation Boutiquiere : and other Poems, 
 
 chiefly Political. With a Preface. By the late HENRY LUSHINGTON, 
 Chief Secretary to the Governor of Malta. Points of War. By 
 FRANKLIN LUSHINGTON, Judge in the Supreme Courts of the Ionian 
 Isles. In 1 vol. fcap. 8vo. cloth, 3s. 
 
 MACKENZIE— The Christian Clergy of the first Ten Cen- 
 turies : their Influence on European Civilization. By HENRY MACKENZIE, 
 B.A. formerly Scholar of Trinity College, Cambridge. Crown 8vo. 
 
 M'COY. — Preparing for Publication; to be completed in about Five Parts 
 price 5s. each, forming One Volume 8vo. of about 500 pages, with nearly 1,000 
 illustrations in the text, drawn and engraved by the Author, 
 
 A Manual of the Genera of British Fossils. 
 
 Comprising Systematic Descriptions of all the Classes, Orders, Families, and 
 Genera of Fossil Animals found in the Strata of the British Isles ; with 
 figures of all the Generic Types. By FREDERICK M'COY, F.G.S., Hon. 
 F.C.P.S., Professor of Natural History in the University of Melbourne, Author 
 of " Characters of the Carboniferous Limestone Fossils of Ireland," " Synopsis 
 of the Silurian Fossils of Ireland," one of the Authors of " Sedgwicki and 
 M'Coy's British Palaeozoic Rocks and Fossils," &c. 
 
 M COY. — Preparing for Publication, in One Volume^ crown 8vo. with numerous 
 Illustrations, 
 
 An Elementary Introduction to the Study of Palaeontology. 
 
 With numerous Figures illustrative of Structural Details. 
 
 ■*** This little Work is intended to supply all that elementary information on the 
 Structure of Fossil Animals, with reference to the most nearly allied existing 
 types, illustrated explanation of technical terms, &c. which the beginner may 
 require, but which would be out of place in the Author's systematic volume 
 on the Genera. 
 
8 MACMILLAN & CO.'S PUBLICATIONS. 
 
 M'COY— Contributions to British Palaeontology ; or, First De- 
 scriptions of several hundred Fossil Radiata, Articulata, Mollusca, and Pisces, 
 from the Tertiary, Cretaceous, Oolitic, and Palaeozoic Strata of Great Britain. 
 JWith numerous Woodcuts. 8vo. cloth, 9s. 
 
 *** This forms a complete Series of the Author's Papers from the "Annals of 
 Natural History." 
 
 M'COY AND SEDGWICK'S British Palaeozoic Fossils. 
 
 Part I. 4to. sewed, 16*. 
 
 Part II. 4to. sewed, IOj. 
 
 Part III. completing the 
 
 work, just ready. 
 
 MAURICE.— Lectures to Ladies on Practical Subjects. 
 
 Delivered in London during the month of July, 1855, by the Rev. F. D. 
 MAURICE, Professor TRENCH, Archdeacon ALLEN, J. S. BREWER, 
 J. LL DAVIES, CHARLES KINGSLEY, Dr. CHAMBERS, Dr. SIEVE- 
 KING, Dr. JOHNSON, TOM TAYLOR, Esq., and F. J. STEPHEN, Esq. 
 Crown 8vo. cloth. * 
 
 MAURICE.— Lectures on the Ecclesiastical History of the 
 
 First and Second Centuries. By FREDERICK DENISON MAURICE, 
 M.A. Chaplain of Lincoln's Inn. 8vo. cloth, 10*. 6d. 
 
 MAURICE.-The Unity of the New Testament, being a 
 
 Synopsis of, and Commentary on, the first three Gospels, and the Epistles of 
 S. James, S. Jude, S. Peter, and S. Paul. 8vo. cloth, 14s.' 
 
 MAURICE.— Patriarchs and Lawgivers of the Old Testament. 
 
 Second Edition. Crown 8vo. cloth. 
 
 MAURICE— The Prophets and Kings of the Old Testament. 
 
 Crown 8vo. cloth. Second Edition. I0s.6d. 
 
 MAURICE— Theological Essays. 
 
 Second Edition, with a new Preface and other additions. Crown 8vo. 
 cloth, 10s. 6d. 
 
 MAURICE— The Doctrine of Sacrifice deduced from the 
 
 Scriptures. With a Dedicatory Letter to the Young Men's Christian Associa- 
 tion. Crown Svo. cloth, Is. 6d. 
 
 MAURICE— On the Epistle to the Hebrews. 
 
 8vo. 7s. id. 
 
 MAURICE.— Christmas Day, and other Sermons. 
 
 Svo. cloth, 10s. 6d. 
 
 MAURICE.— The Religions of the World, and their relations 
 
 to Christianity Third Edition. Fcap. 8vo. cloth, 5s. 
 
MACMILLAN & CO.'S PUBLICATIONS. !) 
 
 MAURICE— The Prayer-Book considered, especially in re- 
 ference to the Romish System, Second Edition, Fcap. Svo. cloth, 5». Od. 
 
 MAURICE- The Church a Family. Twelve Sermons on the 
 
 Occasional Services of the Prayer-Book. Fcap. 8vo. oloth, 4s. Qrf. 
 
 MAURICE— On the Lord's Prayer. 
 
 Third Edition. Fcap. Svo. cloth, 3s. M. 
 
 MAURICE— On the Sabbath Day: the Character of the 
 
 Warrior ; and on the Interpretation of History. Fcap. Svo. cloth, 2s. Gd. 
 
 MAURICE.— Learning and Working.— Six Lectures delivered 
 
 in Willis's Rooms, London, in Juno and July, 18S4. The Religion of 
 Rome, and its Influence on Modern Civilization.— Four Lec- 
 tures delivered in the Philosophical Institution of Edinburgh, in December 
 1S54. In One Volume, Crown Svo. cloth. 5s. 
 
 MAURICE— Has the Church or the State the Power to 
 
 Educate the Nation t A Course of Lectures delivered in June and July, 1889. 
 Crown Svo. cloth, 8s. 6d. 
 
 MAURICE.— An Essay on Eternal Life and Eternal Death, 
 
 and tho Preface to the new Edition of " Theological Essays." Crown 8vo. 
 sewed, U. 6d. 
 
 *» # Published separately for the purchasers of the first edition. 
 
 MAURICE.— Death and Life. A Sermon Preached in the 
 
 i chapel of Lincoln's Inn, March 25, 1855. Jin ificmotiam tff, 15. 18. Svo. 
 sewed, Is. 
 
 MAURICE— Plan of a Female College for the Help of the 
 
 Rich and of tho Poor. A. Lecture delivered at the Working Men's College 
 London, to a Class of Ladies. Svo. Grf. 
 
 MAURICE.— Administrative Reform. 
 
 A Lecture delivered at the Working Men's College, London. Crown Svo. 3d. 
 
 MAURICE— The Word "Eternal," and the Punishment of 
 
 the Wicked. A Letter to the Rev. Dr. Jelf, Principal of King's College. 
 London. Fifth Thousand. Svo. Is, 
 
10 MA.CMILLAN & CO.'S PUBLICATIONS. 
 
 MAURICE— The Name "Protestant:" the Seemingly Double 
 
 Character of the English Church: and the English Bishopric art Jerusalem. 
 Three Letters to the Rev. Wm. Palmer, Fellow and Tutor of Magdalen 
 College, Oxford. Second Edition. 8vo. 3s. 
 
 MAURICE.-On Right and Wrong Methods of Supporting 
 
 Protestantism. A Letter to Lord Ashley. 8vo. 1* . 
 
 MAURICE— Thoughts on the Duty of a Prptestant, in the 
 
 Oxford Election of 1847. 8vo. Is. 
 
 MAURICE— The Case of Queen's College, London. 
 
 A Letter to the Lord Bishop of London, in reply to the " Quarterly Review." 
 
 MAURICE.— Lectures on Modern History and English 
 
 Literature. [Preparing 
 
 MAURICE.— Law's Remarks on the Fable of the Bees, with 
 
 an Introduction of Eighty Pages by FREDERICK DENISON MAURICE, 
 M.A. Chaplain of Lincoln's Inn. Fcp. 8vo. cloth, 4s. 6a\ 
 "This introduction discusses the Religious, Political, Social, and Ethical Theories of our 
 day, and shows the special worth of Law's method, and how Tar It is applicable to our cir- 
 cumstances." 
 
 MINUCIUS FELIX— The Octavius of Minucius Felix. 
 
 Translated into English by LORD HAILES. Fcp. 8vo. cloth, 3s. 6d. 
 
 NAPIER— Lord Bacon and Sir Walter Raleigh. 
 
 Critical and Biographical Essays. By MACVEY NAPIER, late Editor 
 of the Edinburgh Review and of the Encyclopedia Britannica. Post Svo. 
 cloth, 7s. id. 
 
 NIND.-Sonnets of Cambridge Life. By Rev. W. NIND, M.A. 
 
 Fellow of St. Peter's College. Post Svo. boards, 2s. 
 
 NORRIS.— Ten School-Room Addresses. 
 
 Edited by J. P. NORRIS, M.A. Fellow of Trinity College, and one of Her 
 Majesty's Inspectors of Schools. 1 8mo. sewed, id. 
 
 PARKINSON.— A Treatise on Elementary Mechanics. 
 
 With numerous Examples. By S. PARKINSON, Jt.A. Fellow and Assistant 
 Tutor of St. John's College, Cambridge, Crown 8vo. cloth. [Nearly ready. 
 
MACMILLAN & CO.'S PUBLICATIONS. 11 
 
 PARMINTER— Materials for a Grammar of the Modern 
 
 English Language. Designed as a Text-book of Classical Grammar for the 
 * use of Training Colleges, and the Higher Classes of English Schools. By 
 GEORGE HENRY PARMINTER, of Trinity College, Cambridge; Rector 
 of the United Parishes of SS. John and George, Exeter. Fcap. 8vo. cloth. 
 
 INearly ready. 
 
 PAYN.— Poems. 
 
 By JAMES PAYN. Fcp. 8vo. cloth, 5s. 
 
 PEARSON. Elements of the Calculus of Finite Differences, 
 
 treated on the Method of the Separation of Symbols. By J. PEARSON, M.A. 
 Rector of St. Edmund's Norwich, Mathematical Master of Norwich Grammar 
 School, and formerly Scholar of Trinity College, Cambridge. Second 
 Edition, enlarged. 8vo. 5s. 
 
 PER0WNE-" Al-Adjrumiieh." 
 
 An Elementary Arabic Grammar, -with a Translation. By J. J. S. PEROWNE, 
 M.A. Fellow of Corpus Christ i College, Cambridge, and Lecturer in Hebrew 
 in King's College, London. 8vo. cloth, 5s. 
 
 PHEAR.— Elementary Mechanics. 
 
 Accompanied by numerous Examples solved Geometrically. By J. B. 
 PHEAR, M. A., Fellow and Mathematical Lecturer of Clare Hall, Cambridge. 
 8vo. cloth, 10s. 6d. 
 
 PHEAR.— Elementary Hydrostatics. 
 
 Accompanied by numerous Examples. Crown 8vo. cloth, 5s. 6d. 
 
 PLATO —The Republic of Plato. 
 
 Translated into English, with Notes. By Two Fellows of Trinity College, 
 Cambridge, (J. LI. Davies M.A., and D. J. Vaughan, M.A.) Crown 8vo. 
 cloth, Is. 6d. 
 
 PURTON.— The Acts of the Apostles. 
 
 With a Paraphrase and Exegetical Commentary. By JOHN SMYTH 
 PURTON, M.A. Fellow and Tutor of St. Catherine's Hall, Cambridge. 8vo. 
 
 [Preparing. 
 
 PRATT— The Mathematical Principles of Mechanical 
 
 Philosophy. By J. H. PRATT, M.A., Fellow of Caius College. 
 
 *** The above work is now out of Print: but the Part on STATICS has been re- 
 edited by Mr. Todhunter, with numerous alterations and additions: the Part on 
 DYNAMICS, by Messrs. Tait andSteele, is preparing. The other parts will be pub- 
 lished in separate forms, improved and altered as may seem needful. 
 
13 MA.CMILLAN & fcO.'S PUBLICATIONS. 
 
 PROCTER— A History of the Book of Common Prayer: with 
 
 a Rationale of its Offices. By FRANCIS PROCTER, M.A., Vicar of Witton, 
 Norfolk, and late Fellow of St. Catharine Hall. Crown 8vo. cloth, 10»! 6<f. 
 *** This is part of a series of Theological Manuals, now in progress. 
 
 PUCKLE.— An Elementary Treatise on Conic Sections and 
 
 Algebraical Geometry. With a numerous collection of Easy Examples pro- 
 gressively arranged, especially designed for the use of Schools and Beginners. 
 By G.HALE PUCKLE, M. A., St. John's College, Cambridge; Principal of 
 St. Mary's College, Windermere. Crown 8vo. cloth, 7s. 6d. 
 
 RAMSAY.— The Catechiser's Manual; or, the Church Cate- 
 chism illustrated and explained, for the use of Clergymen, Schoolmasters, 
 and Teachers. By ARTHUR RAMSAY, M.A. of Trinity College, 
 Cambridge. 18mo. cloth, 3*. 6d. 
 
 REICHEL.— The Lord's Prayer and other Sermons. 
 
 By C. P. REICHEL, B.D., Professor of Latin in the Queen's University^ 
 Chaplain to his Excellency the Lord Lieutenant of Ireland ; and late Don- 
 nellan Lecturer in the University of Dublin. Crown 8vo. cloth, 7s. 6d, 
 
 THE RESTORATION OF BELIEF. 
 
 By ISAAC TAYLOR. Complete in One Volume, Crown 8vo. cloth, 8s. 6d. 
 
 Contents. I. — Christianity in relation' to Its Ancient and Modern Anta- 
 gonists. II. — On the Supernatural Element contained in the Epistles, 
 and its bearing on the argument. III. — The Miracles of the Gospels con- 
 sidered in their relation to the principal features of the Christian Scheme. 
 
 ROBINSON.— Missions urged upon the State on grounds 
 
 both of Duty and Policy. An Essay which obtained the Maitland Prize in 
 the year 1852. By C. K. ROBINSON, M.A., Fellow and Assistant Tutor of 
 St. Catharine's Hall, Cambridge. Fcp. Svo. cloth, 3s. 
 
 ROSE (Henry John).— An Exposition of the Articles of the 
 
 Church of England. By HENRY JOHN ROSE, B.D. late Fellow of St. 
 John's College, and Hulsean Lecturer in the University of Cambridge. 
 
 [Preparing. 
 *** This is part of a Series of Theological Manuals now in progress. 
 
 SALLUST.-Sallust. 
 
 The Latin Text, with English Notes. By CHARLES MERIVALE, B.D., 
 late Fellow and Tutor of St. John's College, Cambridge, 8ec, Author of a 
 " History of Rome," &o. Crown 8vo. cloth, 5s. 
 
MACMILLAN & CO.'S PUBLICATIONS. 13 
 
 SELWYN.— The Work of Christ in the World. Four Sermons, 
 
 preached before the University of Cambridge, on the four Sundays preceding 
 Advent in the year of our Lord 1854. By the Right Rev. GEORGE 
 AUGUSTUS SELWYN, D.D. Bishop of New Zealand, formerly Fellow of 
 St. John's College. Third Edition. Crown Svo. Is. 
 
 SELWYN.-A Verbal Analysis of the Holy Bible. 
 
 Intended to facilitate the translation of the Holy Scriptures into Foreign 
 Languages. Compiled by THE BISHOP OF NEW ZEALAND, for the use 
 
 of the Melanesian Mission. Small folio, cloth, 14s. 
 
 SIMPSON —An Epitome of the History of the Christian 
 
 Church during the first Three Centuries and during the Time of the Refor- 
 mation, adapted for the use of Students in the Universities and in Schools. 
 By WILLIAM SIMPSON, M.A. With Examination Questions. Second 
 Edition, Improved. Fcp. Svo. cloth, 5s. 
 
 SMITH.— Arithmetic and Algebra, in their Principles and 
 
 Application: with numerous systematically arranged Examples, taken from 
 the Cambridge Examination Papers. With especial reference to the ordinaiy 
 Examination for B.A. Degree. By BARNARD SMITH, M. A., Fellow of St. 
 Peter's College, Cambridge. Crown 8vo. cloth, 10*. 6d. 
 
 .SMITH— Arithmetic for the use of Schools. By BARNARD 
 
 SMITH, M.A. Fellow of St. Peter's College. Crown 8vo. cloth, 4s. Qd. 
 *** This has been published in accordance with very numerous requests from 
 Schoolmasters and Inspectors of Schools. It comprises a complete reprint of the 
 Arithmetic from Mr. Smith's larger work, with such alterations as were necessary 
 in separating it from the Algebra; with many additional Examples, and references 
 throughout to the Decimal System of Coinage. 
 
 *** A Key to Mb. Smith's Arithmetic for Schools is in the Press. 
 
 SMITH— Mechanics and Hydrostatics, in their Principles 
 
 and Application: with numerous systematically arranged Examples, taken 
 from the Cambridge Examination Papers. With a special reference to the 
 Ordinary Examination for B.A. Degree. By BARNARD SMITH, M.A. 
 Fellow of St. Peter's College, Cambridge. [Preparing 
 
 SNOWBALL— The Elements of Plane and Spherical 
 
 Trigonometry. Greatly improved and enlarged. By J. C. SNOWBALL, M.A. 
 Fellow of St. John's College, Cambridge. Eighth Edition. Crown Svo. 
 cloth, Is. 6d. 
 
 TAIT and STEELE— A Treatise on Dynamics, with nume- 
 rous Examples. By P. G. TAIT, Fellow of St. Peter's College, and Professor 
 of Mathematics in Queen's College, Belfast, and W. J. STEELE, Fellow oi' 
 St. Peter's College. Crown 8vo. cloth. [In the press. 
 
 This will be a new Edition of that part of Pratt's Mechanical Philosophy 
 which treats of Dynamics, with all the additions and improvements that 
 seem needful. 
 
1* MACMLLLAN & CO.'S PUBLICATIONS. 
 
 THEOCRITUS.-Theooritus. 
 
 The Greek Text, with English notes, Critical an Explanatory, for the use of 
 Colleges and Schools. By E. H. PEROWNE, M.A., Fellow of Corpus 
 Christi College. Crown 8vo. [Preparing. 
 
 THEOLOGICAL Manuals. 
 
 Just published : — 
 
 CHURCH HISTORY : THE MIDDLE AGES. By CHARLES HARD- 
 WICK. With Four Maps. Crown 8vo. cloth, price 10s. 6d. 
 
 THE COMMON PRAYER : ITS HISTORY AND RATIONALE. By 
 FRANCIS PROCTER. Crown 8vo. cloth, 10s. 6d. 
 
 A HISTORY OF THE CANON OF THE NEW TESTAMENT. By 
 B. F. WESTCOTT. Crown 8vo. cloth, I2». 6d. 
 
 In the Press : — 
 CHURCH HISTORY THE REFORMATION. By CHARLES HARD- 
 WICK. 
 
 The following will shortly appear : — 
 INTRODUCTION TO THE STUDY OF THE OLD TESTAMENT. 
 NOTES ON ISAIAH. 
 INTRODUCTION TO THE STUDY OF THE GOSPELS. 
 
 EPISTLES. 
 
 NOTES ON THE GOSPELS AND ACTS'. 
 
 ■ EPISTLES AND APOCALYPSE. 
 
 CHURCH HISTORY, THE FIRST SIX CENTURIES. 
 
 17th CENTURY TO THE PRESENT TIME. 
 
 THE THREE CREEDS 
 
 THE THIRTY-NINE ARTICLES. 
 
 *«* Others are in progress, and will be announced in due time. 
 
 THRING.— 1. The Elements of Grammar taught in English. 
 
 By EDWARD THRING, M.A. Head Master of the Royal Grammar 
 School, Uppingham ; late Fellow of King's College, Cambridge. Second 
 Edition. ' 18mo. bound in cloth, 2s. 
 
 THRING- 2. The Child's Grammar. 
 
 Being the substance of the above, with Examples for Practice. Adapted for 
 Junior Classes. A New Edition, 18mo. limp cloth, 1*. 
 
 THRUPP.-Psalms and Hymns for Public Worship. Selected 
 
 and Edited by JOSEPH FRANCIS THRUPP, M.A. Vicar of Barrington 
 late Fellow of Trinity College. 18mo. cloth, 2«. Second paper in lira 
 cloth, Is. id. 
 
 THRUPP.— Antient Jerusalem : a New Investigation into the 
 
 History, Topography, and Plan of the City, Environs, and Temple. Designed 
 principally to illustrate the records and prophecies of Scripture. With Map 
 and Plans. By JOSEPH FRANCIS' THRUPP, M.A. Vicar of Barrington, 
 ' Cambridge, late Fellow of Trinity College. 8vo. cloth, 15». 
 
MACMILLAN & CO.'S PUBLICATIONS. 15 
 
 TODHUNTER — A Treatise on the Differential Calculus ; and 
 
 the Elements of the Integral Calculus. With numerous Examples. By 
 I. TODHUNTER, M.A., Fellow and Tutor of St. John's College, Cambridge. 
 Second Edition. Crown 8vo. cloth, 10s. id. 
 
 TODHUNTER. — A Treatiso on Analytical Statics, with 
 
 numerous Examples. Crown 8vo. cloth, 10». 6d. 
 
 TODHUNTER— A Treatise on Plane Coordinate Geometry. 
 
 With numerous Examples. For the Use of Colleges and Schools. Crown 8vo. 
 cloth, 10s. lid. 
 
 TODHUNTER. — A Treatise on Algebra, for the Use of 
 
 Students in the Universities, and of the Higher Classes in Schools. 
 
 [Preparing. 
 Also by the same Author, 
 
 An Elementary Work on the same subjept, for the use of 
 
 Beginners. 
 
 TRENCH— Synonyms of the New Testament. 
 
 By RICHARD CHENEVIX TRENCH, B.D., Vicar of Itchenstoke. Hants, 
 Professor of Divinity, King's College, London, and Examining Chaplain to 
 the Bishop of Oxford. Third Edition, revised. Fcp. 8vo. cloth, 5*. 
 
 TRENCH— Hulsean Lectures for 1845—46. 
 
 Contents. 1.— The Fitness of Holy Scripture for unfolding the Spiritual Life 
 of Man. 2.— Christ the Desire of all Nations j or the Unconscious Pro- 
 phecies of Heathendom. Third Edition. Foolscap Svo. cloth, 5s. 
 
 For VERIFYING DATES. 
 
 A perpetual Almanac for determining Dates past, present, and future; with 
 a Lunar Kalendar and Tables of the more important Periods, iEras, Festivals 
 and Anniversaries. Price 6d. 
 
 *#* This is sp printed, that if the margin be cut off it may be carried in a 
 pocket-book. 
 
 WESTCOTT— A general View of the History of the Canon of 
 
 the New Testament during the First Four Centuries. By BROOKE FOSS 
 WESTCOTT, M.A., Assistant Master of Harrow School; late Fellow of 
 Trinity College, Cambridge. Crown 8vo. cloth, 12b. 6d. 
 
 WESTCOTT —An Introduction to the Study of the Gospels; 
 
 Including a new and improved Edition of " The Elements of the Gospel 
 Harmony." With a Catena on Inspiration, from the Writings of the Ante- 
 Nicene Fathers. Crown 8vo. cloth. [Preparing. 
 
 * f * These two hooks are part of a series of Theological Manuals now in progress- 
 
16 MA.CMILLA.N & CO.'S PUBLICATIONS. 
 
 WESTCOTT — An Introduction to the Study of the Canonical 
 
 Epistles; including an attempt to determine their separate purposes and 
 mutual relations. By BROOKE FOSS WESTCOTT, M.A. [Preparing. 
 
 *** This is part of a series of Theological Manuals now in progress. 
 
 WILSON.— A Treatise on Dynamics. 
 
 By W. P. WILSON, M.A., Fellow of St. John's, Cambridge, and Professor of 
 Mathematics in the University of Melbourne. 8vo. bds. 9s. 6d. 
 
 WRIGHT.— Hellenica; or, a History of Greece in Greek, 
 
 beginning with the Invasion of Xerxes; as related by Diodorus and Thucy- 
 didea. With Explanatory Notes, Critical and Historical, for the use of 
 Schools. By J. Wright, M.A., of Trinity College, Cambridge, and Head 
 Master of Sutton Coldfield Grammar School. 12mo. cloth, 3;. 6d. 
 *** This book is already in use in Rugby and other Schools. 
 
 WRIGHT— A Help to Latin Grammar; 
 
 or, the Form and Use of Words in Latin. With Progressive Exercises. By 
 J. WRIGHT, M.A. Crown 8vo. cloth, 4s. 6d. 
 
 THE JOURNAL 
 
 OP 
 
 CLASSICAL AND SACRED PHILOLOGY. 
 
 No. V. for June 1855, 4s. 
 Volume I. for 1854, now ready, cloth lettered, 12s. 6d. 
 
 CASES CAN BE HAD FOR BINDING VOL. I. 
 
 "V* Three Numbers published annually, at 4s. each. 
 
 eamfcrHjfle: MACMILLAN & Co. 
 
 3Lonu"on ; Bell & Daldt, 186, Fleet-street. 
 
 ©HitibUtfllj : Edmonston & Douglas. ©xffltfl: J. H. & Jas. Parker. 
 
 SutLin : William Robertson. (ffilasgotD ; Jas. Maclehose. 
 
 R. CLAY, PRINTER, BREAD STREET HILL.