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Butler, Charles, 1750-1832

"With Brief Minutes of the Civil, Ecclesiastical, and Literary History of the Netherlands"


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.


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