introduced into the public code of the Christian commonwealth. In ancient times the knowledge of this conventional law was thought one of the greatest praises that could be bestowed on a name loaded with all the honours that eminence in the arts of peace and war can confer: "Equidem existimo, judices, cùm in omni genere ac varietate artium, etiam illarum, quæ sine summo otio non facilè discuntur, Cn. Pompeius excellat, singularem quandam laudem ejus et præstabilem esse scientiam, in fœderibus, pactionibus, conditionibus, populorum, regum, exterarum nationum: in universo denique belli jure ac pacis.” Information on this subject is scattered over an immense variety of voluminous compilations, not accessible to every one, and of which the perusal can be agreeable only to a very few. Yet so much of these treaties has been embodied into the general law of Europe, that no man can be master of it who is not acquainted with them. The knowledge of them is necessary to negotiators and statesmen; it may sometimes be important to private men in various situations in which they may be placed; it is useful to all men who wish either to be acquainted with modern history, or to form a sound judgment on political measures. endeavour to give such an abstract of it as may be sufficient for some, and a convenient guide for others in the farther progress of their studies. The treaties which I shall more particularly consider will be those of Westphalia, of Oliva, of the Pyrenees, of Breda, of Nimeguen, of Ryswick, of Utrecht, of Aix-la-Chapelle, of Paris (1763), and of Versailles (1783). I shall shortly explain the other treaties, of which the stipulations are either alluded to, confirmed, or abrogated in those which I consider at length. I shall subjoin an account of the diplomatic intercourse of the European powers with the Ottoman Porte, and with other princes and states who are without the pale of our

*Cic. Orat. pro L. Corn. Balbo, c. vi.

I shall

ordinary federal law; together with a view of the most important treaties of commerce, their principles, and their consequences.

As an useful appendix to a practical treatise on the law of nations, some account will be given of those tribunals which in different countries of Europe decide controversies arising out of that law; of their constitution, of the extent of their authority, and of their modes of proceeding; more especially of those courts which are peculiarly appointed for that purpose by the laws of Great Britain.

Though the course, of which I have sketched the outline, may seem to comprehend so great a variety of miscellaneous subjects, yet they are all in truth closely and inseparably interwoven. The duties of men, of subjects, of princes, of lawgivers, of magistrates, and of states, are all parts of one consistent system of universal morality. Between the most abstract and elementary maxim of moral philosophy, and the most complicated controversies of civil or public law, there subsists a connection which it will be the main object of these lectures to trace. The principle of justice, deeply rooted in the nature and interest of man, pervades the whole system, and is discoverable in every part of it, even to its minutest ramification in a legal formality, or in the construction of an article in a treaty.

I know not whether a philosopher ought to confess, that in his inquiries after truth he is biassed by any consideration, even by the love of virtue. But I, who conceive that a real philosopher ought to regard truth itself chiefly on account of its subserviency to the happiness of mankind, am not ashamed to confess, that I shall feel a great consolation at the conclusion of these lectures, if, by a wide survey and an exact examination of the conditions and relations of human nature, I shall have confirmed but one individual in the conviction, that justice is the permanent interest of all men, and of all commonwealths. To discover

one new link of that eternal chain by which the Author of the universe has bound together the happiness and the duty of His creatures, and indissolubly fastened their interests to each other, would fill my heart with more pleasure than all the fame with which the most ingenious paradox ever crowned the most eloquent sophist. I shall conclude this Discourse in the noble language of two great orators and philosophers, who have, in a few words, stated the substance, the object, and the result of all morality, and politics, and law. "Nihil est quod adhuc de republicâ putem dictum, et quo possim longius progredi, nisi sit confirmatum, non modo falsum esse illud, sine injuriâ non posse, sed hoc verissimum, sine summâ justitiâ rempublicam geri nullo modo posse." "Justice is itself the great standing policy of civil society, and any eminent departure from it, under any circumstances, lies under the suspicion of being no policy at all."†

*Cic. De Repub. lib. ii.

† Burke, Works, vol. iii. p. 207.

LIFE

OF

SIR THOMAS MORE.

ARISTOTLE and Bacon, the greatest philosophers of the ancient and modern world, agree in representing poetry as being of a more excellent nature than history. Agreeably to the predominance of mere understanding in Aristotle's mind, he alleges as his cause of preference that poetry regards general truth, or conformity to universal nature; while history is conversant only with a confined and accidental truth, dependent on time, place, and circumstance. The ground assigned by Bacon is such as naturally issued from that fusion of imagination with reason, which constitutes his philosophical genius. Poetry is ranked more highly by him, because the poet presents us with a pure excellence and an unmingled grandeur, not to be found in the coarse realities of life or of history; but which the mind of man, although not destined to reach, is framed to contemplate with delight.

The general difference between biography and history is obvious. There have been many men in every age whose lives are full of interest and instruction; but who, having never taken a part in public affairs, are altogether excluded from the province of the historian: there have been also, probably, equal numbers who have influenced the fortune of nations

racter we have no information; and who, for the purposes of the biographer, may be said to have had no private life. These are extreme cases: but there are other men, whose manners and acts are equally well known, whose individual lives are deeply interesting, whose characteristic qualities are peculiarly striking, who have taken an important share in events connected with the most extraordinary revolutions of human affairs, and whose biography becomes more difficult from that combination and intermixture of private with public occurrences, which render it instructive and interesting. The variety and splendour of the lives of such men render it often difficult to distinguish the portion of them which ought to be admitted into history, from that which should be reserved for biography. Generally speaking, these two parts are so distinct and unlike, that they cannot be confounded without much injury to both; as when the biographer hides the portrait of the individual by a crowded and confined picture of events, or when the historian allows unconnected narratives of the lives of men to break the thread of history. The historian contemplates only the surface of human nature, adorned and disguised (as when actors perform brilliant parts before a great audience), in the midst of so many dazzling circumstances, that it is hard to estimate the intrinsic worth of individuals, — and impossible, in an historical relation, to exhibit the secret springs of their conduct. The biographer endeavours to follow the hero and the statesman, from the field, the council, or the senate, to his private dwelling, where, in the midst of domestic ease, or of social pleasure, he throws aside the robe and the mask, becomes again a man instead of an actor, and, in spite of himself, often betrays those frailties and singularities which are visible in the countenance and voice, the gesture and manner, of every one when he is not playing a part. It is particularly difficult to observe the distinction in the case of Sir Thomas More,