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Any dissent from a judgment setting aside a statute greatly weakens its force. It has also much less claim to public confidence if all the judges on the bench did not participate in it.
According to Dio no woman was, by this statute, permitted to receive more than 25,000 sesterces 1250 dollars. In the second century after Christ, this law had fallen into complete desuetude. II. By the Falcidian Law, passed in the latter part of the first century B.C., no citizen was allowed to divert more than three fourths of his estate from his natural heirs.
As regards "the statute", the Hebdomadal Board had early in this year "proposed a new statute" for the conferring of B.D. degrees. "30th Dec., 1844. My antagonism to 'things as they are' politically, scientifically, and theologically grows with my growth; and I believe that every year that delays change more and more endangers destruction to our social framework."
We are now approaching the end of our task, for the legislation after James I, with the exception of a few great acts, such as the Statute of Frauds and the Habeas Corpus Act, hardly concerns us as not being part of our inherited common law.
Provisions of such a character show that the king had made no effort to observe either the Great Charter or the laws of Edward I. Even the recent statute of Stamford, and the six ordinances of the previous year, had to be re-enacted. Similar restatements of sound principles were too common in the fourteenth century to make the ordinances an epoch.
Perhaps we begin to detect the prejudice in the general mind, which is notable in the works of a few earlier theorists, to prefer statute law to what is known as judge-made law, on that ground alone. The writer is not of the school that admits there is such a thing as judge-made law, but believes the phrase to be a misnomer, at least in ninety-nine cases out of a hundred.
"And you think such a system might be applied to a Government appropriation?" "Certainly. The amount to which the county, township, or school district would be entitled might be easily ascertained, and upon the organization and maintenance of a school complying with the reasonable requirements of a well-drawn statute in regard to attendance and instruction, such amount might be paid over."
That the disestablishment of slavery in the North during and after the American Revolution enhanced the exportation of negroes was recited in a Vermont statute of 1787, and is shown by occasional items in Southern archives.
All the repeal did was to relieve the statute book of an objectionable enactment, unconstitutional in effect and injurious in terms to a large portion of the States.
They were to be tricked with sweet words, and the petition was not to acquire the force of a statute. How was it possible to deal with such a slippery creature? There was but one way of saving the dignity of the throne without sacrificing the liberty of the people, and that was to hold the king's ministers responsible to Parliament, in anticipation of modern methods.
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