King of Great Britaine, France, and Ireland, defender of the faith, &c. and Philip the third, King of Spaine, &c. and Albertus and Isabella Clara Eugenia, Archdukes of Austrice, Dukes of Burgundie, &c. in a Treatie at London the 18. day of August after the old Stile in the yeere of our Lord God 1604. Translated out of Latine into English. Imprinted at London by Robert Barker, Printer to the Kings most Excellent Maiestie, Anno 1605.50

A Latin edition was published in Brussels in 1604.51

Melchior Goldast in 1607 began the series of diplomatic collections for which his name is justly honored. The first of the series was published at Frankfort in folio in 1607: Imperatorum, regum, et electorum S. R. I. statuta et rescripta a Carolo M. ad Carolum V. et a Carolo V. ad Rudolphum II.52 Christoph Lehmann (1568-fl. 1638) published his Chronica der Statt Speyr at Frankfort in folio in 1612,53 and Friedrich Hortleder (b. 1579) his Handlungen von den Ursachen des Teutschen Kriegs at the same place in 1617-18. The archivist of that period was not popular with the authorities. Goldast wrote to Hortleder in 1611:

Quod ad impressionem Capitulationis attinet, vide quid sentias vidente Imperatore? Neque hanc, neque etiam illa, quae dixi, statuum Regalia fas est in publicum producere . .

De capitulatione Imperatoria non omnes tecum sensuri forent, si publicaretur. Nec res careret periculo, quippe cum extrema offensa Imperatoris conjuncta, cui manus longae sunt.54

Pierre Matthieu (1563-1621) published his Histoire des derniers troubles de France sous les regnes des Roys Tres-Chrestiens Henry III. . . et Henry IIII. at Lyons in 1597. An edition of 1600 without place was published "avec un recueil des edicts et articles accordez par le roy Henry IV. pour la réunion de ses sujets." Pierre Victor Palma Cayet (1525-1610) published his Chronologie septenaire in 1605 and his Chronologie novenaire in 1608, both at Paris through Jean Richer, who may lay some claim thereby to initiating the plan of publishing documented history. Jean de Saint-Gelais's Histoire de Louys XII was published by Theodore Godefroy through Abraham Pacard at Paris in 1622. To it were appended three treaties of peace and alliance from 1498 to 1508.

50 Title page of Harvard copy. It is interesting to note that 'corantos,' or news sheets, were not printed in England until 1621. London Times, January 20, 1914, and J. G. Muddiman's Tercentenary Handlist of English and Welsh Newspapers, Magazines, and Reviews.

51 Articuli Pacis et Confederationis perpetuo duraturae inter Sermos Regem Hispaniarum etc. et Archiduces Austriae & ex una, et Sermum Regem Angliae etc. ex altera partibus eorumque haeredes & successores, Anno Domini 1604. Bruxellae, ex Officina Rotgeri & Velpii Typr. Iur. Anno Domini M.D.C. III. Cum Privilegio. [34 pp.) 19 cm.

52 On Goldast vide Pütter, Litteratur des Teutschen Staatsrechts, i, p. 172.

53 Chronica der freyen Reichs Statt Speyr, darinn von dreyerley fürnemblich gehandelt. . . . Franckfurt am Mayn, bey Niclas Hoffman in Verlegung Jonas Rosen, 1612. iv, 1024 pp., index. 34 cm. Editions in 1662 and 1698; reprint in 1711 by Anton Heinscheit, Frankfort.

54 "Epistolarum Goldasti ad Fridericum Hortlederum," i, pp. 318-410 (vide pp. 340, 344) in Heinrich Christian Senckenberg's Selecta Juris et Historiarum tum Anecdota tum jam Edita, sed Rariora (Francofurti ad Moenum, 1734-40, 6 vols.).

"Grotius," comments Martens,55 "had only slight aids of this kind in composing in 1623 his work on the Law of War and Peace, and this is probably one of the reasons why most of the examples and treaties to which he refers are drawn from ancient history, since he rarely cites treaties of later centuries, although several works of this respected scholar testify how well he was versed in history, particularly that of his own country. However, the taste for the study of the law of nations which he inspired was able to contribute to the birth of the taste for the study of the documents which form the foundation of the conventional law of nations. Still more, the crisis in which Europe found itself during the Thirty Years' War, and the long negotiations set on foot to end it, had an influence on the interest taken by the public in knowledge of the affairs of nations. So it is during that period that we see historical works interwoven with public acts prodigiously multiplied."

Dogiel 56 records that the Emperor Ferdinand II wrote in 1633 to the king of Poland to propose to him the publication of the treaties between the house of Austria and Poland in order that they might come to the knowledge of the public. Apparently the project was never executed.

Jean Jacques Chifflet (1588-1660), physician to the king of Spain, in behalf of the Marquis de Tor, prepared a collection of FrancoSpanish treaties to facilitate the conclusion of peace by past examples, in a little duodecimo volume, Recueil des traittez de paix, treves, et neutralité entre les couronnes d'Espagne et de France, which was printed in 1643 by the Plantin press at Antwerp. The book went through four editions in twenty-five years. A year before its first appearance a volume entitled Acta Tractatuum Praeliminarium was published.57

The peace of Westphalia, from which date modern history and the science of international law, was not signed before publishers had got out editions of the treaty texts. The complete settlement consisted of the treaties of Osnabrück and of Münster. It was originally arranged that the treaty of Osnabrück should be signed in July, 1648, but it was finally held over and signed on October 24 along with that of Münster. In that interval two editions of the Osnabrück document were issued in German, at Osnabrück and Stettin, and one in Dutch. In the same year the whole settlement was published at Mainz, Vienna, Leyden, Forli, and Leipzig in the original Latin, and at Frankfort and Leipzig in German, while a Swedish edition was issued at Stockholm in 1649.58

The next generation witnessed great activity in the publication of treaties. Among the periodicals essaying this task may be mentioned

55 Martens, loc. cit., p. vii; Garden, op. cit., i, p. 274.

56 Mathias Dogiel, Codex Diplomaticus Regni Poloniae et Magni Ducatus Lithuaniae, i, p. iv (prospectus): "Extant in Archivo Regni Literae Originales Ferdinandi II. Imperatoris, ad Vladislaum IV. Regem Poloniae, Anno 1633. in eo solum negotio scriptae, ut compacta inter Austriam & Poloniam inita Typis imprimi mandaret, quo melius subditis constare possent Leges, quibus invicem obligati tenentur." 57 Cf. No. 177, supra.

58 Pütter, Litteratur des Teutschen Staatsrechts, ii, pp. 420 ff.

Johann Ludwig Gottfried's Theatrum Europaeum, which began publication at Frankfort in 1635 and continued until 1738; and Vittorio Siri's Mercurio o vera historia dei correnti tempi, which began in 1644. Chifflet's little volume of 1643 was the forerunner of others of similar character. Several titles very like each other followed within two decades. 59 A third type of publication containing treaties brought out in that generation was the handbook. Christoph Peller (1630– 1711) published his Theatrum pacis at Nuremberg in 1663 in quarto, a second part following in 1683. His Collectio Praecipuorum Tractatuum Pacis ab anno 1647 ad annum 1664 appeared at Nuremberg in 1666 in quarto, a second edition following in 1684.60 A fourth type, the national collection of historical sources, came forth in the Dutch Groot Placaet-Boeck, the first folio volume of which was published in 1658.61

The English attitude toward the publication of documents relating to treaties until the middle of the seventeenth century, was that "they ought to be of record and enrolled in the Chancery, to the end the subject may know, who be in amity with the King and who be not; who be enemies and can have no action here, and who in league and may have actions personal here; but letters and writings concerning matters of State, which were not fit to be made vulgar, were enrolled in the Wardrobe, and not in the Chancery, as leagues were and ought to be." 62 The offices in which they were deposited were named 'treasuries,' as if the documents themselves were portions of the national wealth.

During the Civil War in England the contending parties, as is well known from the great collections of fleeting material which are extant, addressed the people in declarations, proposals, addresses, etc., until it became almost a habit to appeal to the citizenry as arbiter and judge in public causes. This custom had its effect on the publication of treaties.

Aside from Liber A and Liber B, Muniment Books of the Exchequer, the Red Book of the Exchequer, and the Black Book of the

64

59 Cf. Nos. 886, 887, supra, and Martens, "Discours préliminaire." Also Garden, op. cit., i, pp. 275 f.

61 Cf. No. 1432, supra.

60 Cf. Nos. 77 and 78, supra. 62 Sir Thomas Duffus Hardy, Syllabus of the Documents Contained in "Rymer's Foedera," i, p. i, citing Coke. Cf. 20 Henry VI, cap. 1 (1442) and 17 Edward IV, cap. 6 (1477-78). The legal correspondent of the London Times wrote on March 20, 1919: "They could not be seen except by special permission, rarely granted. And yet they were sorely neglected. They were allowed to rot, to be injured by damp, or to be devoured by vermin. In Tudor and Stuart times they suffered from other causes. Secretaries of state borrowed them for official purposes and never returned them. Enterprising collectors abstracted them. They were mixed with private papers, and treated as private property. A treaty with Portugal was picked up at an auction sale, and another with Holland was bought off a stall in the streets. Not until the State Paper Office was established were effective means taken to prevent careless or dishonest dealings with one of the most precious classes of national documents."

63 Vide S. R. Scargill-Bird, A Guide to the Various Classes of Documents Preserved in the Public Record Office (3d ed.), pp. 225-226.

Edited by Hubert Hall, published under the direction of the Master of the Rolls (London, 1896, 3 vols.).

Exchequer, Liber niger parvus,65 it is in the writings of Arthur Agard (1540-1615) that we first find attention paid to the treaties of England. Agard was a deputy in the chamber of receipt of the Exchequer and made many compilations for the use of the courts. These are bound up in more than sixty volumes, of which several relate to treaties. The Repertorie of Records remaining in the 4. Treasuries on the Receipt Side at Westminster, published in 1631 by Thomas Powell, contains Agard's "A calender of all the leagues and treaties betweene the kings of England and other states, as they are placed in the 4.th treasury at Westminster," 1278-1586.66 Agard's compilation of treaties between England and Scotland was published by Sir Joseph Ayloffe (1709-81) in his Calendars of the Ancient Charters and of the Welch and Scottish Rolls, now remaining in the Tower of London, in 1774.67 A manuscript entitled "Compendium Recordorum Regiorum in Archivis Domini Regis Jacobi, &c., repositorum in ordinem digest. per Arthurum Agard," was finished in December, 1610.68 Lansdowne Ms. 137 is "An account and catalogue of the Records in the King's Treasury at Westminster," dedicated to Sir Julius Caesar by Agard in 1610. Lansdowne Ms. 799 is an "abbreviacio sive brevis recapitulacio tractatuum" between 1286 and 1551, drawn up in 1612.69 This is the "Book of Abbreviations of Leagues by Arthur Agarde" intrusted to Rymer at the outset of his researches for his Foedera. A royal warrant of March 5, 1669, directed the Master of the Rolls to permit Joseph Williamson to peruse and copy all treaties, leagues, or public grants which he should deem fit for the king's service. The result was a "Collection of copies of treaties from the reign of Henry VIII. to that of Charles II.," which is still preserved in the Public Record Office. This unpublished collection, Hardy suggests, was intended as a repertory of precedents.71

The treaty of Aix-la-Chapelle of 1668 was printed "par ordre de messieurs les ministres" 72 by Léonard, who gave a new impulse to the publication of treaty collections. Frédéric Léonard (1624-1711) is perhaps the most famous of the French printers to the king, not only because of the collection of treaties which he issued, but because he ranked high above the printers of his own day both as a patron of letters in the Delphin classics and as a most aggressive publisher. Born at Brussels on August 6, 1624, the son of Jean, a bookseller, he was apprenticed in 1638 in the Plantin establishment at Antwerp, then directed by the first Balthasar Moretus. In May, 1643, he went to Paris under the patronage of the Duchesse d'Orléans, a client of his father. There he worked in the shop of Jean Billaine, whose imprint appears on some books containing treaties. From February 27, 65 Scargill-Bird, op. cit., pp. 222-223.

66 No. 1093b, supra. An imperfect copy is nos. 6-7, Harleian Ms. 94.

67 No. 1094, supra.

68 No. 1092b, supra.

69 Nos. 1092a, 1093a, supra.

70 Anthony Wood, Athenae, i, p. 444, cited in Hardy, op. cit., i, p. xxviii. 71 Hardy, op. cit., i, p. iii. Vide Scargill-Bird, op. cit., p. 401.

72 Recueil (1683), avertissement.

1653, he kept a shop in the Rue Saint-Jacques, "in Collegio regio." In 1656 his sign became "ad insigne scuti Veneti," which he retained until he retired in favor of his son of the same name in 1696. Léonard was appointed printer to the king in 1667, and was received by Parlement as such on June 7 of that year. He was a publisher rather than a printer, though he owned presses.73 Léonard was probably the first publisher to exert himself to issue a collection of treaties. In 1683 he published a Recueil de tous les traites modernes conclus entre les potentats de l'Europe. This book brought together under one cover numerous documents which he had issued separately. It begins with the declaration of war against the United Provinces on April 6, 1672, and ends with the "articles accordés aux Preteur, Bourguemaistres, Bourgeois, & Habitans de la Ville de Strasbourg, à la Reduction d'icelle Ville à l'obeissance du Roy de 30 Septembre 1681." That it was issued with a view to its commercial value and was highly priced are facts strongly suggested by the preface:

74

Ainsi, Lecteur, vous devez juger du prix de ce Recueil par la quantité des Mémoires et des Traités qu'il contient, et par la grosseur même du Volume, puisqu'au dire du Jeune Pline, plus un bon Livre est gros, et plus il est excellent. Bonus Liber melior est quisque, quo major. (Epist. 20, lib. 1.)

The best evidence of the commercial character of the volume is, however, the privilege under which it was published. This license appears not only in the front of the book, but precedes several of its separately paged documents, as well as the same documents when printed in the six-volume work of 1693. For our purposes the privilege reads:

Par privilège du Roy, signé, Arnauld, donné à Saint Germain en Laye le deuxième jour de juillet 1678. en consequence du Brevet de Sa Majesté du dernier May 1673, il est permis aux Srs. Pachau, Paraire, et de Tourmont principaux Commis de' Monsieur de Pomponne Secretaire et Ministre d'Etat, de faire imprimer par tels Imprimeurs qu'ils voudront choisir, tous les Actes et Traités qui sont ou seront conclus & arrestés à Nimegue par les Ambassadeurs & Plenipotentiaires du Roy, & les Ambassadeurs & Plenipotentiaires des autres Rois & Princes qui y sont assemblés pour la negociation de la Paix... Lesdits Sieurs ont cedé leur Privilege à Federic Leonard Imprimeur ordinaire du Roy, & de Monseigneur le Dauphin, pour en joüir suivant l'accord fait entre eux sous seing privé, le vingt-cinquième Juin mil six cens soixante-dix-huit.75

The numerous title pages in the book bear testimony that Léonard exercised the rights thus acquired with the diligence in business which characterized his career. That his strong commercial sense was not disappointed in the venture is shown by the appearance in 1693 of his more famous collection, Recueil des traitez de paix, de trêve, de neutralité, de confédération, d'alliance, et de commerce, faits par les rois de France, avec tous les princes et potentats de l'Europe et autres, depuis

73 For the life of Léonard, vide Lepreux, op. cit., i, 1, pp. 307-320.

74 Cf. No. 79, supra.

75 Recueil (1683), p. [viii].