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On the one hand her confessions abound in definitions of the church as a spiritual kingdom, as a fellowship of believers. On the other hand her practice frequently reminds our brother Protestants of the Catholics, and they are disposed to look upon us as Romanists, minorum gentium. "Like a will-of-the-wisp," says Delitzsch, "the idea of the church eludes us.
While Bernardo Tolomei was founding the Order of Monte Oliveto, Dante penned his letter to the cardinals of Italy: Quomodo sola sedet civitas plena populo: facta est quasi vidua domino gentium. Bernardo and his friends hollowed with their own hands grottos in the rock, and strewed their stone beds with withered chestnut-leaves.
And being no less mindful of strengthening his own power, than of increasing that of the commonwealth, he elected a hundred into the fathers, who from that time were called Minorum Gentium, i. e. of the younger families: a party hearty in the king's cause, by whose favour they had got into the senate.
There did come a time, when from an ignoble appendage of the Jus Civile, the Jus Gentium came to be considered a great though as yet imperfectly developed model to which all law ought as far as possible to conform. This crisis arrived when the Greek theory of a Law of Nature was applied to the practical Roman administration of the Law common to all Nations.
The older jurisconsults had doubtless observed that such acquisitions were universally sanctioned by the usages of the little societies around them, and thus the lawyers of a later age, finding them classed in the ancient Jus Gentium, and perceiving them to be of the simplest description, allotted them a place among the ordinances of Nature.
Puellae tenerae a decimo primum anno, et pueri a decimo tertio vel quarto, inter se miscentur. Senioribus mos est, si forte gentium plurium castra appropinquant, viros noctu huic inde transeuntes, uxoribus alienis uti et in sua castra ex utraque parte mane redire. Parentes saepe infantum, viri uxorum quaestum corporum faciunt.
The former determines, on the one hand, the legal relations of individuals, and, on the other, those of whole nations; it is jus personale and jus gentium. He was born in Delft, became Fiscal of Holland in 1607, and Syndic of Rotterdam and member of the States General in 1613.
The truth appears to be that modern International Law, undoubted as is its descent from Roman law, is only connected with it by an irregular filiation. The early modern interpreters of the jurisprudence of Rome, misconceiving the meaning of Jus Gentium, assumed without hesitation that the Romans had bequeathed to them a system of rules for the adjustment of international transactions.
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