The Life of Hugo Grotius: With Brief Minutes of the Civil, Ecclesiastical, and Literary History of the NetherlandsButler, Charles
History
The Life of Hugo Grotius: With Brief Minutes of the Civil, Ecclesiastical, and Literary History of the Netherlands
Butler, Charles
Grotius, Hugo, 1583-1645; Netherlands -- History
Few events in history can be mentioned which have conduced more to the
welfare of Europe than this discovery. The codes, the capitularies, the
formularies, and the customs, by which, till that time, the feudal
nations had been governed, fell very short of affording them the legal
provisions, which society, in the improved state of civilization, to
which it was then advancing, evidently required. Unexpectedly, a system
of law presented itself, which seemed to contain every thing that the
most enlightened men of those times could have desired. The wisdom and
justice of the system of law expressed in the Pandects seem to have been
universally felt. The study of it was immediately pursued with ardour.
It was introduced into several universities; exercises were performed,
lectures read, and degrees conferred in that, as in other branches of
science; and most of the nations of the continent adopted it, if not as
the basis, at least as an important portion of their civil
jurisprudence. A regular _succession of civil_ lawyers followed. At
first, they rather incumbered the text with their subtleties, than
illustrated it by learning and discrimination. _Andrew Alciat_ was the
first who united the study of polite learning with the study of the
civil law: he was founder of a school called the _Cujacian_, from
_Cujas_, the glory of civilians. Of him, it may be truly said, that he
found the civil law in wood and left it in marble.
This school has subsisted until our time: it has never been without
writers of the greatest taste, judgment and erudition; the names of
Cujacius, Augustinus, the Gothofredi, Heineccius, Voetius, Vinnius,
Gravina and Pothier, are as dear to the scholar as they are to the
lawyer; an Englishman however must reflect with pleasure, that the
Commentaries of his countryman, Sir William Blackstone, will not suffer
in a comparison with any foreign work of jurisprudence. So far as the
researches of the present writer extend, the only one that can be put
into competition with them, is the _Jus Canonicum of Van-Espen_.
[Sidenote: CHAP. II. 1597-1610]
The judicial process of the nations on the continent differed
considerably from that of England. Trial by jury, and separate courts of
equity, were unknown to them. Some causes were heard and decided by all
the magistrates of the courts; others were referred to one or more of
their number. The king's advocate, or the advocate of the state, as he
was termed in a republic, held a situation between the judges and the
suitors: his province was to sum the facts and arguments of the cause,
and to suggest his opinions upon them to the judges.--We trust our
readers will excuse this summary view of foreign jurisprudence.
Public-domain text, read in full here on John Shaqi.
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