General Introduction
5
Roman Law. What is questioned is the degree to which the reception went. For our part, we shall be content to accept the dictum of Van der Linden: ‘In order to answer the question what is the law in such and such a case we must first inquire whether any general law of the land or local ordinance (plaatselijke keur) having the force of law or any well-established custom can be found affecting it. The Roman Law as a model of wisdom and equity is, in default of such a law, accepted by us through custom in order to supply this want.’[1] The limits of this acceptance are defined by Van der Keessel in a series of theses[2] which Professor Fockema Andreae recognizes to be substantially correct.[3]
Legislation under Spanish rule.
During the period of Spanish rule legislation became active. Many useful measures were promulgated by Charles V, such as the Placaat of May 10, 1529,[4] relating to the transfer and hypothecation of immovable property, and, above all, the Perpetual Edict of October 4, 1540.[5] In 1570 his son Philip II issued a Code of Criminal Procedure,[6] which regulated the practice of the Dutch Colonies until superseded by the humaner provisions of the English Law.[7] The Political Ordinance of April 1, 1580,[8] though enacted by the States of Holland and West Friesland, not by the States-General, must also be mentioned as one of the formative elements of the modern- ↑ Van der Linden, Rechtsgeleerd, Practicaal, en Koopmans Handboek (translated by Sir Henry Juta, under the name of Institutes of Holland), lib. I, cap. i, sec. 4. See also Gr. 1. 2. 22; Van Leeuwen, 1. 1. 11.
- ↑ V. d. K. Th. 6–23.
- ↑ Inleidinge tot de Hollandsche Rechts geleerdheid, beschreven bij Hugo de Groot, met aanteekeningen van Mr. S. J. Fockema Andreæ, Hoogleeraar te Leiden (tweede uitgave), Arnhem, 1910, vol. ii, p. 9; Kotzé, ubi sup. at p. 508.
- ↑ 1 G. P. B. 374.
- ↑ 1 G. P. B. 311. Wessels (p. 218) summarizes its contents.
- ↑ 2 G. P. B. 1007; Wessels, p. 373: ‘The statute of 1570 regulated the procedure in the lower Courts. The same procedure was followed in the Supreme Court of Holland except in so far as it was modified by the rules of that Court.’
- ↑ It remained part of the Law of British Guiana until 1829, when it was superseded by Rules of Criminal Procedure made under the authority of an Order in Council of December 15, 1828.
- ↑ 1 G. P. B. 330. Wessels (p. 222) summarizes its contents.
