Page:An introduction to Roman-Dutch law.djvu/54

Writers of the seventeenth century. The principal writers on the old law and their principal works are the following:

Seventeenth Century

H. de Groot. Inleiding tot de Hollandsche Rechtsgeleertheyd ('s Gravenhage, 1631); the same with notes by Groenewegen (1644); the same with added and more extensive notes by W. Schorer (1767).^[1] This is the best old edition. The best modern edition is that with historical notes by Professor Fockema Andreae. There is a translation by Sir A. F. S. Maasdorp.

Arnoldus Vinnius.^[2] Commentarius in IV libros Institutionum Imperialium (1642). This well-known work contains copious references to the jus hodiernum. The best edition is that with notes by the Prussian jurist Heineccius.

S. van Groenewegen van der Made edited the Inleiding of Grotius in 1644. In 1649 he produced his well-known Tractatus de legibus abrogatis et inusitatis in Hollandia vicinisque regionibus, in which he goes through the whole of the Corpus Juris by book and title and considers how far it has been received or disused in the modern law.

Simon van Leeuwen published his Censura Forensis in 1662, and his Roomsch Hollandsch Recht in 1664.^[3] The

1. In the early editions of Grotius the paragraphs are not numbered. Van Leeuwen cites Grotius by book, chapter, and the initial words of the paragraphs, e.g. Grot., Introd., lib. 1, cap. 5, vers. Alle Mondigen. Voet makes the numeration of Groenewegen's notes do duty for paragraphs. Thus: Hugo Grotius manuduct. ad Jurisprud. Holl. Libr. I, cap. 5, num. 13 (=Gr. I. 5. 9). The division of the chapters into paragraphs was first employed in an edition of the ‘Inleydinge’ published at Amsterdam by Ian Boom in 1727. I am indebted for this information to Mr. Justice Kotzé.
2. Wessels, Hist. R.-D. L., p. 294.
3. The title-page of this work and of its precursor, the Paratitula, affords an interesting indication of the uncertainty of seventeenth-century spelling. The first edition of the Paratitula has for its subtitle Een kort begrip van het Rooms-Hollandts-Reght. In the second edition this becomes Een kort begrip van het Rooms-Hollands-Recht. The first edition of the later work is described as Het Rooms-Hollands-Regt. Lastly, in Decker's edition (1780) we have Roomsch Hollandsch Recht, and this I have followed.