FREE BOOKS

Author's List




PREV.   NEXT  
|<   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52  
53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>   >|  
irst, 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. Grotius, by the advice of his father, addicted himself to the profession of the law. He was only in his seventeenth year, when he pleaded his first cause. He acquired by it, great reputation; and this was constantly upon the increase, through the whole of his professional career. He observed in his pleadings a rule, which he afterwards recommended to his son: "That you may not," he told him, "be embarrassed by the little order observed by the adversary counsel, attend to one thing, which I have found eminently useful: Distribute all that can be said on both sides, under certain heads; imprint these strongly in your memory; and, whatever your adversary says, refer it not to his division, but to your own." [Sidenote: Grotius embraces the profession of the Law.] The brilliant success
PREV.   NEXT  
|<   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52  
53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>   >|  



Top keywords:

foreign

 

observed

 

profession

 

adversary

 

jurisprudence

 

advocate

 
courts
 

judges

 

Grotius

 
Sidenote

learning

 

school

 

advice

 

subtleties

 
summary
 

excuse

 
pleaded
 

acquired

 

seventeenth

 

addicted


readers
 

father

 

illustrated

 

termed

 

republic

 
situation
 

Andrew

 

number

 

discrimination

 

suggest


opinions

 

reputation

 

arguments

 

suitors

 

province

 
imprint
 

strongly

 
Distribute
 

memory

 

embraces


brilliant

 
success
 

division

 

eminently

 

pleadings

 

incumbered

 
career
 

increase

 
Alciat
 
professional