The Life of Hugo Grotius - With Brief Minutes of the Civil, Ecclesiastical, and Literary History of the Netherlands by Charles Butler
page 50 of 241 (20%)
page 50 of 241 (20%)
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[Sidenote: Feudal Jurisprudence.] A complicated or refined system of jurisprudence is not to be looked for in them; but, if they are considered with due regard to the state of society for which they were calculated, they will be found to contain much that deserves praise. The _capitularies_, or short legislative provisions, propounded by the sovereign, and adopted by the public assemblies of the nation, were a further advance in legislation. By degrees, so much regularity prevailed in the judicial proceedings and legal transactions, that they were regulated by established _formularies_; and, in addition to those provisions, every nation contained a collection of unwritten usages or _customs_, which had the force of law. The natural tendency of these institutions to introduce order and peaceful habits into society was great; but it was so much counteracted by the turbulent spirit of every class of men, that it was not till the beginning of the thirteenth century that this effect of them became discernible. [Sidenote: CHAP. II. 1597-1610] From this time, the governments of Europe sensibly improved. A better spirit of legislation shewed itself; the administration of justice became more regular; trade and husbandry were protected, several arts were encouraged; and a general wish for a better order of things prevailed in every part of Europe. While the public mind was in this state of improvement, an event fortunately happened, which gave it a very salutary direction. This was, (what we have already noticed), the discovery of a complete copy of the _Pandects of Justinian_ at Amalfi, a town in Italy, near Salerno. From Amalfi, it found its way to Pisa; and |
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