We shall here give a brief notice of the several works of our author, which are contained in the collection of professor Vicat, although but few of them can be of any practical use in this country, yet we believe that a general idea of the whole will not be thought altogether uninteresting.

I. The first volume contains:

1. Observationes juris Romani, in eight books, in which a variety of curious points, relating to the ancient Roman jurisprudence, are ably discussed, several of which are interesting in an historical point of view, as elucidating through the medium of their laws, the manners and customs of that once great people. Among those, we notice the first chapter of the first book, in which the terrible partis secanto of the law of the twelve tables is ingeniously and plausibly maintained to have meant no more than that the insolvent debtor should be sold in the public market as a slave, and the proceeds of the sale distributed among his creditors. The 14th chapter of the third book discusses the question, how far and in what cases the military force could among the Romans be called in to the aid of the judicial authority. In the 4th book, chap. 13, the author comments on the 19th law of the digest De ritu nuptiarum, by which a father was obliged to give his daughter in marriage with a competent portion, if a suitable match offered; and if he refused, might be compelled to it by the magistrate. Various other subjects of an equally interesting nature to the scientific lawyer, are examined and discussed in the course of that work; of which we think it sufficient to have instanced a few, to give an idea of the general scope and object of the whole.

2. Opuscula varii argumenti. This work like the former, consists of dissertations on various subjects of the Roman law. They are six in number, the most interesting of which are the first, on the second law of the digest De origine juris, the third on the right which fathers had among the ancient Romans, of killing, selling, or exposing their children, and the fourth on the Roman laws, respecting foreign modes of worship. This last is replete with curious information, particularly with regard to the law which prevailed on that important subject, in the first ages of christianity.

3. This volume concludes with an answer to his learned

cotemporary Gerard Noodt, who had controverted some of the opinions which he had delivered in his above mentioned dissertation, on the power which fathers had at Rome over their children.

II. The contents of the second volume are as follow:

1. Opera Minora, consisting of six dissertations on various subjects, none of which will be thought very interesting in this country, except the 5th, De Dominio Maris, and the 6th, De foro legatorum. These, indeed, had he never written any thing else, would have been sufficient to establish our author's reputation as a lawyer, and a publicist. Every one who has read and understood, and of course admired them, cannot help finding fault with the excessive modesty which induced him to publish them under the inappropriate title of opera minora. The learned world has long classed them among the best works that have ever appeared on those generally interesting subjects.

In the dissertation De Dominio Maris, our author considers the long agitated question of the Dominion of the Sea, in a liberal and impartial manner, unbiassed by prejudice, and unswayed by party spirit. He calmly and dispassionately considers in what cases the sea is capable of becoming the subject of sovereignty or exclusive jurisdiction, discusses with candor the various pretensions which different states have set up from time to time to the dominion of that element, or of considerable portions thereof; and upon the whole, his conclusions are such as reason avows, and moderate men will ever be disposed to adopt.

His dissertation, or rather treatise De foro Legatorum is in every body's hands, in the excellent translation which Mr. Barbeyrac made of it into the French language, with notes, in which he has displayed his usual judgment and learning. That translation has not only received the approbation, but the praise of our author himself, with whom Mr. Barbeyrac was intimate. We shall therefore dispense with giving a more particular account of a work which is so well and so generally known. To name it is sufficient praise.

2. Quæstiones juris publici. This work is divided into two parts; the first of which, entitled De Rebus Bellicis is now presented in an English translation to the American public, under

its appropriate title of " A Treatise on the Law of War," and a more complete one never yet has been written on this interesting subject. The second part which is entitled De rebus varii argumenti, treats of various subjects, some of them belonging to the law of nations, and others to the constitution and laws of the United Netherlands. From the 3d to the 12th chapter inclusive, our author treats of the law of ambassadors, and those chapters might well be added to the treatise De foro Legatorum, with the subject of which they are more nearly connected than with any other. In the seventh chapter he examines the question, whether the acts of a minister are binding when contrary to his secret instructions. The 21st chapter treats of the salute to ships of war at sea, and seems to belong more properly to the dissertation De Dominio Maris, where the same subject is treated of. The remainder of the chapters, twentyfive in number, do not treat of any subject of general concern, and the whole of this second book is unconnected with the first, which is best exhibited as a separate and independent treatise on the Law of War.

The Quastiones juris publici have been translated into the Low Dutch language by Matthias Ruuscher, in the year 1739. We do not know of any other translation of them into any language whatever, except that of the first book by Mr. Lee into English, of which we have made mention in the preface.

3. Quæstiones juris privati. This work, which was to have contained one hundred chapters, and contains only forty-eight, was left incomplete, as we have already mentioned, by the death of the learned author. It is divided into four books, chiefly on topics of the civil law and the municipal law of Holland. The fourth book alone, and the last chapter of the third, may be considered as interesting to the American jurist, as they treat of the subject of insurance, and of various points of the maritime and commercial law. This work closes the second and last volume.

Our author also wrote two other considerable works, the one entitled Corpus juris Hollandia & Zelandia, and the other Observationes Tumultuaria or hasty notes, being memoranda which he took from day to day, of the decisions of the court in which he sat for the space of forty years. He gave directions

by his will, to his executors, that those works should not be published; and they strictly complied with his injunction. As the ancient laws of Holland have been subverted, and the Napoleon code introduced in their place, it is probable that those writings, if published, would not be found of any great use at the present time,

The character of our author's works has long been established among the learned of Europe. Heineccius, who, in the year 1723, published at Leipsick, an edition of the four first books of the Observationes Juris Romani, calls him in his preface to that work, "a man of consummate learning and ability, possessing a sound discriminating mind, and an extraordinary and incredible fund of legal knowledge."* Barbeyrac, in the preface to his translation of the treatise De foro Legatorum, describes him as one of that superior class of writers, whose works are only intended for men of learning, and who, disdaining to retail the opinions of others, are unwilling to say any thing which has been observed before, and endeavour, as much as they can, to exhibit their subject in some new point of view. "And he is right;" continues he," to have taken that ground. One who possesses, within himself, such a rich fund of knowledge, may well leave it to others to borrow and repeat what has already been said."t

In England, the great Lord Mansfield thought him worthy of his high commendation from the bench, and recommended the work which we have translated, to the attention of the members of the English bar. Since that time, our author's works on the law of nations, (but particularly that which is now before us) have been considered as standard authorities, in Great Britain as well as in the United States, and are daily quoted

• Admiratus præcipuè viri eruditissimi judicium acre, ingenium solers, juris scientiam inusitatam ac denique incredibilem.

↑ Notre auteur est un de ces écrivains du plus haut vol, qui n'écrivent que pour les savants, et qui ne veutent dire, autant qu'il se peut, rien que du nouveau. Et il a raison de se mettre sur ce pied là. Quand on est si riche de son propre fonds, on fait très bien de laisser à d'autres le soin d'emprunter ce qui a été dejà dit.

* Lord Mansfield spoke extremely well of Bynkershoek, and recommended especially, as well worth reading, his book of prizes, Quæstiones juris publici. 2 Bur. 690, in margin.

with respect by the bar, and relied on by the bench as the ground of their decisions.

Nor have our American statesmen been behindhand in commending the merit and talents of this eminent writer. Among them none has bestowed upon him more correct and judicious praise, than the great character, who is generally understood to be the author of the excellent Examination of the British doctrine, which subjects to capture a neutral trade, not open in time of peace. "Bynkershoek," says he, "treats the subject of belligerent and neutral relations with more attention, and explains his ideas with more precision than any of his predecessors.”+ How honourable to our author is this testimony, when we consider, on the one hand, by whom it is given; and reflect on the other, that in the list of those predecessors whom Mr. Madison speaks of, are found the celebrated names of Puffendorff and of Grotius!

It ought to be a great inducement to the study of the law of nations, that the fame of those who devote themselves to that important branch of science, extends throughout the civilized world; while the most excellent works on mere municipal jurisprudence, are hardly known or spoken of out of the country which gave them birth. Thus the writings of Gratius, Bynkershoek, and Vattel, are read and admired in all America and Europe, while the very names of Coke and Dumoulint are unknown out of the countries where the particular systems of law are in force, which they took so much pains to methodize and elucidate. Of the truth of this observation, a striking instance is to be found in the works of our author, who from an opinion of lord Coke, which he had found quoted and misrepresented in Dr. Zouch's treatise De jure inter gentes, conceiving him to be a writer entirely ignorant of the law of nations, treated him and his opinion with the most marked contempt, calling him a certain Coke, (Cocus quidam); and punning upon his name, declared that he could not concoct his opinions,

† Examination, &c. p. 22.

Styled the prince of the French Law-le Prince du Droit François. Vie de Dumoulin, par Blondeaa.

tc