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Among various laws which Pompey had caused to be passed in the previous year, B.C. 52, and which had been enacted with views personal to himself and his own political views, had been one "de jure magistratuum" as to the way in which the magistrates of the Empire should be selected.
Christopher Mount to Henry VIII.: State Papers, Vol. VII. p. 628 His sub excommunicationis poenâ mandamus ut ab ejusdem Henrici regis, suorumque officialium judicium et magistratuum quorumcunque obedientiâ, penitus et omnino recedant, nec illos in superiores recognoscant neque illorum mandatis obtemperent. Bull of Pope Paul against Henry VIII.
And after condemning those innovators who have taken a different course, he says again, 'But to me on the other side that do desire as much as lieth in my pen, to ground a sociable intercourse between antiquity and proficience, it seemeth best to keep way with antiquity usque ad aras; and therefore to retain the ancient TERMS, though I sometimes alter the uses and definitions, according to the moderate proceeding in civil government, where, although there be some alteration, yet that holdeth which Tacitus wisely noteth 'eadem magistratuum vocabula. Surely that is plain enough, especially if one has time to take into account the force and historic reach of that last illustration, 'eadem magistratuum vocabula.
Probably it will be found that originally it was the received doctrine that somewhere, in nubibus or in gremio magistratuum, there existed a complete, coherent, symmetrical body of English law, of an amplitude sufficient to furnish principles which would apply to any conceivable combination of circumstances.
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