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Duress journey was successful in that he obtained from Charles V. what he sought the confirmation of his privilegium. CHARLES, by God's grace, Roman Emperor Elect, etc. Honourable, trusty, and well-beloved,
And this is the earliest conception of a crimen or Crime an act involving such high issues that the State, instead of leaving its cognisance to the civil tribunal or the religious court, directed a special law or privilegium against the perpetrator.
Martin's day year," Maximilian was dead, and the 200 florins no longer his to dispose of, being due to the new Emperor Charles V. The municipal authorities of Nuernberg refused to pay until his Privilegium had been confirmed by Maximilian's successor. Duerer wrote the following letter to the Council: NUeRNBERG, April 27, 1519. Prudent, honourable and wise, gracious, dear Lords.
His writings consist of sermons, of which he pub. several vols. before his secession from the Church of England, and controversial works, including Petri Privilegium , The Vatican Decrees , in answer to Gladstone's Vaticanism, and The Eternal Priesthood . He became Roman Catholic Archbishop of Westminster 1865, and Cardinal 1875. Was a Canon of the Gilbertine Order.
Unquestionably there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of a regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case, and regarding an individual person. Privilegium non transit in exemplum.
A descendant of Charlemagne may have granted to some monastery or bishopric a greater alleviation of some of the fiscal burdens borne by it under his immediate predecessor, but a successor of Berenger when he granted a privilegium did not simply perform the negative benefit of alleviating burdens; he endowed the head of the bishopric probably in return for some service he had received at his hands or expected to receive with the positive benefit of the political headship and possession of some city or district of a former count.
Unquestionably there was at the Revolution, in the person of King William, a small and a temporary deviation from the strict order of a regular hereditary succession; but it is against all genuine principles of jurisprudence to draw a principle from a law made in a special case and regarding an individual person. Privilegium non transit in exemplum.
The /privilegium fori/, by which clerics were exempted from punishment by a secular tribunal, was another cause of considerable friction.
There is something in the suggestion you mentioned as having been made in your conversation with Culleo as to a privilegium, but by far the better course is to have the law repealed. For if no one vetoes it, what course can be safer? But if anyone is found to prohibit its passing, he will be equally able to veto a decree of the senate. Nor is there need for the repeal of anything else.
But the privilegium passed against Dr. Hampden was an act of persecution, though a mild one compared with what afterwards fell on his opponents with his full sanction. Persecution is the natural impulse, in those who think a certain thing right and important or worth guarding, to disable those who, thinking it wrong, are trying to discredit and upset it, and to substitute something different.
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