The remedies of ‘amende honorable’ and ‘amende profitable’ Surely received in our customs! – but from where?

Abstract

Christian Thomasius (1655-1728) suggested that the two actions for injury, i.e. one for claiming revocation and one for claiming a monetary assessment of the injury, with which the German territories were familiar, had their origin in Castilian law. During the early modern period Charles V (1500-1558) would have brought this legal concept to the north of Europe. For various reasons this suggestion seems plausible. It is wrongfully ignored in contemporary literature. Castilian law may also constitute the basis of the two dispositions concerning injury in the Ordinance of the city of Utrecht of 1550.