Page:Commentaries on American Law vol. I.djvu/27

Lecture I.] the settlement of a great question, which was very frequently discussed in the 15th and 16th centuries, concerning the inviolability of ambassadors. It came at last to be a definitive principle of public law, that ambassadors were exempted from all local jurisdiction, civil and criminal; though Lord Coke considered the law in his day to be, that if an ambassador committed any crime which was not merely malum prohibitum, he lost his privilege and dignity as an ambassador, and might he punished as any other private alien, and that he was even bound to answer civilly for his contracts that were good jure gentium.

Thus stood the law of nations at the age of Grotius. It had been rescued, to a very considerable extent, from the cruel usages and practices of the northern barbarians. It had been restored to some degree of science and civility by the influence of Christianity, the study of the Roman law, and the spirit of commerce. It had grown greatly in value and efficacy, from the intimate connexion and constant intercourse of the modern nations of Europe, who were derived from a common origin, and were governed by similar institutions, manners, laws, and religion. But it was still in a state of extreme disorder, and its principles were little known, and less observed. It consisted of a series of undigested precedents, without order or authority. Grotius has, therefore, been justly considered as the father of the law of nations; and he arose like a splendid luminary, dispelling darkness and confusion, and imparting light and security, to the intercourse of nations. It is said by Barbeyrac, that Lord Bacon’s works first suggested to Grotius the idea of reducing the law of nations to the certainty and precision of a regular science Grotius has himself fully explained the reasons which led him fo undertake his necessary, and most useful, and immortal work. He found the sentiment universally prevalent, not only among the vulgar, but among men of reputed wisdom and learning, that war was