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As regards the Boers' right to Secocoeni's country, Sir H. Barkly sums up the question thus, in a despatch addressed to President Burgers, dated 28th Nov. 1876: "On the whole, it seems perfectly clear, and I feel bound to repeat it, that Sikukuni was neither de jure or de facto a subject of the Republic when your Honour declared war against him in June last."
Each has its separate sphere, and its peculiar powers and duties. It is not a contest between two sovereigns for the same power, like the wars of the rival houses in England; nor is it a dispute between a government de facto and a government de jure. It is the case of a division of powers between two governments, made by the people, to whom both are responsible.
For this case in reality a remedy was provided by the rule that there was no interregnum in the military -imperium-, so that, although it had its legal term, it yet continued after the arrival of that term de jure, until the successor appeared and relieved his predecessor of the command; or which is the same thing the commanding consul or praetor after the expiry of his term of office, if a successor did not appear, might continue to act, and was bound to do so, in the consul's or praetor's stead.
Of the period of the Wars of the Roses it is here sufficient to say that it established the principle embodied in a statute of Henry VII. that obedience to the de facto government is not to be punished on the ground that government is not also de jure. V. Europe In spite of the Teutonic incursion, Latin remained the basis of language as it survived in Italy, France, and Spain.
"It was remarked," he writes, "that Castro was the de jure President;" to which I replied, "that we did not look into these matters, the opposite party being in de facto possession of the government."
If the Parliament establish that thing which is agreeable to the word of God, though they do not establish it as jure divino, I acquiesce; in the meantime, both they and all Christians, but especially ministers, ought to search the Scriptures, that what they do in matters of church government, they may do it in faith and assurance, that it is acceptable to God.
Under what astonishments abroad and at home, and in the latter region under what execrations on Silhouette, may be imagined. "TOUT LE MONDE JURE BEAUCOUP CONTRE M. DE SILHOUETTE, All the world swears much against him," says Barbier; but I believe probably he was much to be pitied: "A creative genius, you; and this is what you come to?"
And, secondly, not, as I suspect in that of Athens, and is past suspicion in this of Rome, by lot, but by suffrage, as was also the late House of Commons, by which means in your prerogatives all the tribes of Oceana are jure vocatoe; and if a man shall except against the paucity of the standing number, it is a wheel, which in the revolution of a few years turns every hand that is fit, or fits every hand that it turns to the public work.
I trust, a night's rest has given you different views of what ought to be a seaman's duty, when his country is at open war with her ancient and most powerful enemies." "It is the prerogative of the crown to declare war, Oakes. No one but a lawful sovereign can make a lawful war." "Ay, here come your cursed distinctions about de jure and de facto, again.
I did not care much for the Bench of Bishops, except as they might be the voice of my Church: nor should I have cared much for a Provincial Council; nor for a Diocesan Synod presided over by my Bishop; all these matters seemed to me to be jure ecclesiastico, but what to me was jure divino was the voice of my Bishop in his own person.
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