It  is  in  this  final  passage  of  his  work  that  Savigny  turns  on
the  opponents  of  the  new  jurisprudence,  and  gladly  cites  in  his
favour  Miihlenbruch,  the  author  of  the  Doctrina  Pandectarum.
"  An  empty  cry  is  often  raised  against  the  endeavours  of  what
is  called  the  historical  school,  to  clothe  every  right  exclusively
with  Roman  forms,  and  thereby  to  do  injustice  to  the  original
inventions  of  practice,  and  to  the  development  of  modern  scientific
intelligence."  This  attack  from  first  to  last  irritated,  by  its
obvious  injustice,  Savigny,  and  it  is  with  a  cry  of  delight  that  he
shows  how  Miihlenbruch  shares  his  views  as  to  Spoliatory  Suits  :
"  Could  this  author  have  been  a  prophetic  disciple  of  the  German
historical  school  ?"  Savigny  goes  on  to  show  that  the  "absurd
and  vexatious  "  possessory  suit  used  in  Germany,  Italy,  Spain,
and  France  from  the  thirteenth  century  down  to  his  own  day,

1  T  may  note  here  that  an  analysis  and  summary  of  Savigny's  latest  work
—  that  on  Obligations  in  Roman  Law  (1851-3)— was  published  by  Mr.  Archibald
Brown  in  1872.
