[Footnote 160: The Jus Praetorium de Pactis et
Transactionibus is a separate and satisfactory treatise of
Gerard Noodt, (Opp. tom. i. p. 483 - 564.) And I will here
observe, that the universities of Holland and Brandenburg,
in the beginning of the present century, appear to have
studied the civil law on the most just and liberal
principles.
Note: Simple agreements (pacta) formed as valid an
obligation as a solemn contract. Only an action, or the
right to a direct judicial prosecution, was not permitted in
every case of compact. In all other respects, the judge was
bound to maintain an agreement made by pactum. The
stipulation was a form common to every kind of agreement, by
which the right of action was given to this. - W.]