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Updated: June 9, 2025
Then everything rises, the pavements begin to seethe, popular redoubts abound. Paris quivers supremely, the quid divinum is given forth, a 10th of August is in the air, a 29th of July is in the air, a wonderful light appears, the yawning maw of force draws back, and the army, that lion, sees before it, erect and tranquil, that prophet, France.
And again he says, speaking of God's care, "Quis enim potest quam existimet a deo se curari non et dies, et noctes divinum numen horrere?" "Who is there, when he thinks that a God is taking care of him, shall not live day and night in awe of his divine majesty?"
With far more justice than it was originally used, he may adopt the beautiful exclamation "O præclarum illum diem, cum ad illud divinum animorum concilium coetumque proficiscar, atque ex hac turba et colluvione discedam!"
This feeling of fear or nervousness, which lies at the root of the meaning of the word religio, had been quieted in the old days by the prescriptions of the pontifices and their jus divinum, but it was always ready to break out again; as we have seen, in the long and awful struggle of the Hannibalic war, it was necessary to go far beyond the ordinary pharmacopoeia within reach of the priesthoods in order to convince the people that all possible means were being taken for their salvation.
He bases his system on the traditional distinction of two kinds of law. The origin of positive law is historical, by voluntary enactment; natural law is rooted in the nature of man, is eternal, unchangeable, and everywhere the same. He begins by distinguishing with Gentilis the jus humanum from the jus divinum given in the Scriptures.
Then Oremus and prayer "Omnipotens sempiterne Deus ... Divinum auxilium ... Amen," are said. Then the Pater Noster, Ave and Credo are said silently, and this finishes the Hour. The prayer Sacro-sanctae et individuae.... V. Beata viscera ... R. Et beata ubera ... Pater Noster and Ave are generally added though not of obligation. They are to be said kneeling.
The truth is, perhaps, more subtle than this; but if ever men yearn to serve on juries we may probably guess that juries are no longer popular. Anyhow, this must be kept in mind, as against the opposite idea of the jus divinum or fixed authority, if we would appreciate the fall of Richard.
That ius divinum was a part of the ius civile, the law of the Roman city-state; as the ius civile, exclusive of the ius divinum, regulated the relations of citizen to citizen, so did the ius divinum regulate the relations of the citizen to the deities of the community.
They were very controversial and therefore very complex; and it is easy, by isolating items whether about jus divinum or primus inter pares, to maintain that the mediævals were almost anything; it has been seriously maintained that they were all Germans.
An Ordinance against Heresies and Blasphemies would make them perfect, and till that came were there not substitutes? Had not a number of the orthodox ministers of London put forth a famous treatise, called Jus Divinum Regiminis Ecclesiastici, arguing for the Divine Right of Presbytery in a manner which left nothing to be desired? Hist.
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