PREFACE

ΤΟ

THE THIRD EDITION.

It was stated in a prefatory note to the third edition of the third volume of these Commentaries, that the author, Sir Robert Phillimore, died while that volume was passing through the press.

For the third edition of this fourth and last volume he had collected some materials, but had not made other provision.

In these circumstances we have prepared the present edition of the fourth volume; and it only remains to explain to the reader what has been done, what part of this edition has the weight of the author's authority, and what part rests upon the

editors alone.

Our additions to the original work are enclosed in square brackets. They consist either of new matter, such as new laws, treaties, or judicial decisions; or of additional illustrations from the foreign codes; or of certain corrections. These the change of time or circumstance, and the alteration of the English judicial

system and procedure under the Judicature Acts, and of substantive law with regard to married women, bills of exchange, and some other subjects, have rendered necessary.

Besides this addition of new matter, we have undertaken the verification of the many quotations and references which are to be found in the former editions. All have been revised and corrected after careful comparison with the original authorities.

We have not thought it necessary to mark with brackets either the corrections which we have been thus led to make, or some occasional emendations of clerical or press errors in the body of the book. In all other respects the original text remains unaltered; and any passage not enclosed in brackets is the work of the author.

It has been our study to make the book thoroughly accurate and full and we believe that the new matter ; which we have introduced will make the book complete down to the date of the present publication.

WALTER G. F. PHILLIMORE.

REGINALD J. MURE.

August, 1889.

PREFACE

ΤΟ

THE FIRST EDITION.

I. I HAVE endeavoured, in the publication of this last volume of my Commentaries upon International Law, fully to redeem the pledge given in the first chapter of the first volume (a).

Professional avocations have interrupted and delayed till now the complete execution of my original design.

The former volumes, in accordance with the plan of that design, treated of the relations, and the laws which govern the relations, between independent States, or, in other words, they were occupied with the consideration of Jus inter Gentes, or Public International Law.

This volume is devoted to the consideration of Jus Gentium-Private International Law, or Comity; that is, strictly speaking, the law which ought to

(a) Vol. i. § xvi.

govern the legal relations of individuals not being the subjects of the State which administers the law. Practically speaking, however, it embraces also the legal relations of persons domiciled, or, in some cases, only resident, abroad; and rights acquired abroad, or existing in objects situate abroad.

This subject has been treated of, till lately, under the title of the Conflict of Laws-a title which I think has been justly censured as expressive of a limited and unsound view of this important portion of jurisprudence; but under which title so able a treatise has been written by Story, substantially upon Private International Law, as perhaps to render some apology necessary on the part of any subsequent writer who publishes a treatise on the subject, even on the assumption that he adopts a sounder theory and a more correct title.

My apology, if one be needed, is, that the treatment of this subject was necessary to the completion Commentaries upon

of the plan upon which my

International Law were written.

II. The end of all justice, wheresoever administered, is correctly stated by the Roman lawyers, suum cuique tribuere-to give to each person his own, his due, his right, his jus, be he subject or foreigner.

The inquiry, What is the jus of an individual? shows that it must be attached to one of these predicaments: 1, to a person; 2, to tangible or corporeal property (rei); 3, to incorporeal rights.

The nature of the predicament must be examined