« 이전계속 »
SEVERAL WRITERS AND WOR,KS
CIVIL LAW AND THE LAW OF NATIONS: Not generally known, and which are quoted or referred to in this book.
ABREU (the chevalier de). See note, p. 130.
Aitzema (Leo or Leeuwe). See note, p. 15.
Bellus (Petrinus), a Venetian writer, author of a dissertation De re militari, printed at Venice in 1563, 4to. It is to be found alsoin the 16th vol. of Tractatus Tractatuum, seu Oceanus Juris; an enormous work, being a collection of legal tracts, in 18 folio volumes, published at Venice in 1584, under the auspices of pope Gregory the 13th. It contains a multitude of writings on the civil and canon law, by jurists of the middle ages; some of them of so early a period as the sixth century. In this curious collection, there are several tracts which relate to subjects of the law of nations.
BoLAnos (Juan de Hevia), a Sfianish writer, a native of Oviedo, in the province of Asturias; author of an excellent institute of the law of Spain, entitled Curia Philifipica; the last part of which treats of commercial and maritime law, and has been the foundation of many subsequent works upon that subject. Roccus has borrowed liberally from it. This work is remarkable for its clearness, brevity and precision, and lays down very sound and correct principles on the subject of maritime and commercial jurisprudence. The author informs us, that it was finished at the city of Los Reyes, in the kingdom of Peru, on Christmas eve, in the year 1615. It may therefore be considered as an American production. The edition before us, was printed at Madrid, 1783, in folio. It is a book of very great authority throughout the Sfianish dominions, and in our territories of Orleans and Louisiana, and is often quoted by foreign writers, on subjects relating to maritime law.
Budd^us (John Francis), a German professor at Halle, and afterwards at Jena, where he died in 1705. He was the author of several works, and among others, of a book entitled Elementa Philosophic practice, insrrumentalis & theoretic*, 3 vols. 8vo. the same which is so contemptuously referred to by our author, and was nevertheless formerly so celebrated, that the professors of the protestant universities of Germany., took it for the text of their lectures. He ad so wrote the great German historical dictionary, printed several times at Basil and Leipsig, in 2 vols. fol.
Cleirac, a Frenchman, author of a valuable work on maritime law, entitled Les Us (Jf Coutumes de la Mer. It contains, 1. The text of the laws of Oleron, Wisbuy, and the Hanse Towns, with learned notes. 2. Le Guidon de la Mer, an ancient French treatise on maritime contracts, and principally on Insurance, divided into sections, in the form of an institute, and enriched with notes fraught with much curious learning. 3. The laws or ordinances of Antwerp. and Amsterdam, concerning insurance. 4. A treatise on the French admiralty jurisdiction, and a copious index to the whole work. There have been several editions of this book; the first that we find any mention of, was printed in 1647; and the last at Amsterdam, in 1788.
Code Des Prises. This French work is well known in this country, but it is not generally understood that there are four editions of it, or rather four different works, all nearly on the same plan, but published at different periods; and containing more or less information on the important subject of maritime captures.
The first is the Old Code des Prises, by M. Chardon, who was secretary, under the monarchy, to the council of prizes at Paris. It is entitled Code des Prises; ou recueil des Edits, Declarations, &c. depuis 1400, jusgu' a present; Imprime par ordre du Roi; 2 vols. 4to. Paris, imprimerie royale, 1784.
The second is entitled Code des Prises marilimes is" armements en course, par le Citoyen G., hommc de loi; 2 vols. 12mo. Paris, Garnery, an 7.
The title of the third is Nouveau Code des Prises, par le Cit. Le Beau, 4 vols. 8vo. Paris, Imprimerie de la Republique, ans 7, 8 t5*9. It is brought down to the 3d Prairial, 8th year, (23d of May, 1800.)
The fourth is entitled Code des Prises 1st du Commerce de terre £5" de mer, par F. N. Dufriche Foulaines, jurisconsulte; 2 vols. 4to. small close print. Paris, Duprar du Verger, 1804. It is more copious and complete, and is brought down to a later period, than any of the others.
Consiha Belgica is a collection of official opinions given to the states general of the United Netherlands, by the law officers of that government.
Consiha Hollamdica, are the opinions of the law officers of the provincial states of Holland and West Friesland, collected in like manner.
Consolato Del Mahe. This celebrated work is but little known in this country, owing to the difficulty of procuring it from abroad, and to its being written in languages not generally understood. The forty three first chapters have been translated from the Amsterdam edition, by Westerveen, and published in the American Law Journal, (vol. ii. p. 385, and vol. iii. p. I.) but they relate only to the form of judicial proceedings in the maritime courts of the kingdom of Majorca, and are thought by many not to belong to the ancient Consolato.
The oldest edition of this work has lately been discovered by Mr. Boucher, in the Imperial library at Paris. It is embodied with the marine ordinance of Barcelona, of which it constitutes the principal part, and was printed in that city, in the Catalonian language, in the year 1494, thirty-seven years only after the discovery of the art of printing. Mr. Boucher has favoured the public with a translation of it into the French language, printed at Paris in 1808, several copies of which have already made their way into this country. Mr. Hall, of Baltimore, (to whom the profession is already indebted for a very good translation of the Praxis Curie Admiralitatis, enriched with learned and useful notes,) is, we understand, at present employed in translating it into the English language, which will entitle him to the thanks, not only of the scientific, but also of the practical lawyer. That excellent book has been styled, with great propriety, the Pandects of maritime law.
A copy of the beautiful edition of the Consolato, published at Madrid, in 1791, in the Catalonian language, with a Spanish translation, by Don Antonio de Capmany y de Monpalau, is in the library of the American Philosophical Society, to whom it was presented by his excellency, the marquis de Casa Yrujo.
Cun^eus or a) Cunxo (Gulielmus) author of a small treatise on Suretishifi (De materia sentritatis). See Mercatura (De).
Curia Philipica, See Bolaros.
Cynus or Cino, was a learned Italian lawyer, who flourished in the beginning of the 14th century. He died at Bologna., in 1336. He wrote a commentary on the CWe,and some parts of the Digests.
Galiani (theabbePerdinando),h, a celebrated JVeapolitan writer. He was secretary to the Neapolitan legation at Paris, and afterwards a member of the Royal Council of Commerce in his own country. In the year 1782, he published at Naples, his treatise lie' doveri de' Princifii neutrali verso i Princifti guerreggianti, e di questi verso i neutrali; (Of the duties of neutral and belligerent princes towards each other.) It was translated into German by professor Kcmig, and published at Leipsick,\n two octavo volumes, in 1790, under the title of Recht der Neutralitet (the law of Neutrality.) The life of Galiani has been written and published at Naples, by Diodati,in 1788. See Lampredi.
Gama (Antonio de), born at Lisbon in 1520; was counsellor of state, and high chancellor to the king of Portugal. He wrote, among other things, a book of reports of Portuguese decisions, entitled, Decision,re Supremi Lusitanix Senatus, in folio. He died in 1595, at the age of 75 years, greatly respected for his immense erudition.
Gentilis (Albericus;) born in the marquisate of Ancona, in the Roman state, about the year 1550; was professor of the civil law at Oxford, and died at London in 1608. He published a treatise, De jure belli, in three books, which has not been useless to Grotiua, and in which, at that early day, he supported the belligerent claims of Great Britain, against the pretensions of neutrals. Lampredi, in his preface, says, that he was the first who endeavoured to introduce a system of jurisprudence amidst the din of arms. Although he may be properly considered as an English writer, it is remarkable that his name does not appear in the Bibliotheca Legum Anglix.
Gronovius (John Frederick), was born at Ha?nburgh,\n 1611, and was professor of literature at Deventer, and afterwards at Leyden, where he died in 1672. He published many valuable editions of Latin authors, and among others of Grotius,De jure belli ac pads, with learned annotations. His son, James Gronovius, distinguished! himself likewise, by several works of learning and erudition.
Guidon De La Mer (Le). See Cleirac.
Horne (Thomas Harlwell), an Englishman; is the author of an useful work, entitled: A compendium of the statute laws and regulations of the court of admiralty, relative to ships of war, privateers, prizes, recaptures and prize money; with an appendix of notes, pre