Note p — Chapter IX · [a] (continued 3)

Duck, 1. ii. c. 5, s. 30, 31. Fleury, Hist. du Droit François, p. 74 (prefixed to Argou, Institutions au Droit François, edit. 1787), says that it was a great question among lawyers, and still undecided (i.e. in 1674), whether the Roman law was the common law in the pays coutumiers, as to those points wherein their local customs were silent. And, if I understand Denisart, (Dictionnaire des Décisions, art. Droit-écrit,) the affirmative prevailed. It is plain at least by the Causes Célèbres, that appeal was continually made to the principles of the civil law in the argument of Parisian advocates.