Kings & rulers > History of the reign of the Emperor Charles V. > Volume 1

PROOFS AND ILLUSTRATIONS. 315
were bound to decide. They were obliged, in dubious
cafes, to call a certain number of old men, and to lay
the cafe before them, that they might inform them
what was the praftice or cuftom with regard to the
point. This was called Evquefie far tourbe. Du Cange,
voc. Turba. The effects of the revival of the Roman
jurifprudence have been explained by M. de Montef-
quieu, liv. xxviii. c. 41. and by Mr. Hume, Hift. of
England, vol. ii. p. 441. I have adopted many of their
ideas. Who can pretend to review any fubjeft which
fuch writers have conlidered, without receiving from
them light and information ? At the fame time I am
convinced, that the knowledge of the Roman law was
not fo entirely loft in Europe during the middle ages, as
is commonly believed. My fubjedl does not require me
to examine this point. Many ftriking fatts with regard
to it are colle&ed by Donato Antonio d’Afti Dali’ Ufo
e autorita della regione civile nelle provincie dell’ Im-
perio Occidentale. Nap. 1751. ^ vol. 8vo.
That the civil law is intimately connetted with the
municipal jurifprudence in feveral countries of Europe,
is a fail fo well known, that it needs no iiluftration.
Even in England, where the common law is fuppofed
to form a fyftem perfetftly diftimft from the Roman code,
and although fuch as apply in that country to tire ftudy
of the common law boaft of this diftinftion with fome
degree of affedfation, it is evident that many of the ideas
and maxims of the civil law are incorporated into the
Englilh jurifprudence. This is well illuftrated by the
ingenious and learned author of Obfervations on the
Statutes, chiefly the more ancient, 3d edit. p. 76, &c.
NOTE XXVI. Sect. I. p. 75. [CCJ.
The whole hiftory of the middle ages makes it evi¬
dent, that war was the foie profeffion of gentlemen, and
almoft the only objedf attended to in their education.
Even after fome change in manners began to take place,
and the civil arts of life had acquired fome reputation,,
>he ancient ideas with refpedt to the accomplilhments
E E z neceflary