Page:Commentaries on American Law vol. I.djvu/21

Lecture I.] a few efforts of this kind to introduce order and justice, und though municipal law had undergone great improvement, the law of nations remained in the rudest and most uncultivated state, down to the period of the 16th century. In many instances, shipwrecked strangers were made prisoners, and sold as slaves, without exciting any complaint, or offending any public sense of justice. Numerous cases occurred of acts of the grossest perfidy and cruelty towards strangers and enemies. Prisoners were put to death for their gallantry and brave defence in war. There was no reliance upon the word and honour of men in power. Reprisals and private war were in constant activity. Instances were frequent of the violation of embassies, of the murder of hostages, the imprisonment of guests, and the killing of heralds. The victor in war had his option in dealing with his prisoners, either to put them to death, or reduce them to slavery, or exact an exorbitant ransom for their deliverance. So late as the time of Cardinal RichlieuRichelieu [sic], it was held to be the right of all nations to arrest strangers who came into the country without a safe conduct.

The Emperor Charlemagne made distinguished efforts to improve the condition of Europe, by the introduction of order, and the propagation of Christianity; and we have cheering examples, during the darkness of the middle ages, of some recognition of public law, by means of alliances, and the submission of disputes to the arbitrament of a neutral power. Mr. Ward enumerates five institutions, existing about the period of the eleventh century, which made a deep impression upon Europe, and contributed in a very essential degree to improve the law of nations. These institutions were, the feudal system, the concurrence of Europe in one form of religious worship and government, the