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Updated: June 1, 2025
The Swiss, by capitulation, are exempted from this despotism, and so are the Scots, in consequence of an ancient alliance between the two nations. The same droit d'aubaine is exacted by some of the princes in Germany: but it is a great discouragement to commerce, and prejudices every country where it is exercised, to ten times the value of what it brings into the coffers of the sovereign.
You recollect Shakspeare says, 'Now bid me run, And I will strive with things impossible, Yea, get the better of them." Englishman. "And Corneille, in the Cid, I believe, makes his hero a compliment upon his having performed impossibilities 'Vos mains seules ont le droit de vaincre un invincible." Scotchman. "Ay, that would be a bull in an Irishman, but it is only an hyperbole in a Frenchman."
In addition to his powers of conversation, there was a well-bred good-nature in his manner, as well as a deference to the remarks and opinions of others, the want of which very often, in distinguished wits, offends the self-love of their hearers, and makes even the dues of admiration that they levy a sort of "Droit de Seigneur," paid with unwillingness and distaste.
Suppose their rights had never been violated, he says: "They would have held their heads higher; they would have been proud and dignified, and perhaps might have taken for their motto, Dieu et mon droit."
"La joye qu'on a quand on a baptise un Sauvage qui se meurt peu apres, & qui s'envole droit au Ciel, pour devenir un Ange, certainement c'est un joye qui surpasse tout ce qu'on se peut imaginer." The Fathers' slumbers were brief and broken.
The King granted a 'noli prosequi' in favor of Monsieur de Guerchy; and the Attorney-General is actually prosecuting du Vergy. Whether the King can grant a 'noli prosequi' in a criminal case, and whether 'le droit des gens' extends to criminal cases, are two points which employ our domestic politicians, and the whole Corps Diplomatique.
The peasant, when he wanted his grain made into flour or his grapes made into wine, was required to use his seigneur's mill, or press, and to pay the toll demanded. This toll was often exorbitant and the service poor. In Canada, however, there was only one droit de banalite the grist-mill right.
It is said he was shocked at first that the author, in speaking of the Popes, did not give them the titles which they are wont to receive from Roman Catholic authors; but was otherwise well pleased with the book. Ep. 280. p. 104. Ep. 91. p. 782 Barbeyrac's Preface. M. Daube, Essais sur les principes du Droit, Preface, p. 6. Ep. 183. p. 798.
Louage, in his Bibliotheque du droit Francois, one finds that the higher court reversed the decision of the judge at Tours. In the Edinburgh case, 1835, the tenant, Captain Molesworth, did not try to have his lease quashed, but he did tear up floors, pull down wainscots, and bore a hole into the next house, that of his landlord, Mr. Webster, in search of the cause of the noises. Mr.
In connection with the study of the Roman law, it would be well to read Sir George Bowyer's Commentaries on the Modern Civil Law. Also Irving, Introduction to the Study of the Civil Law; Lindley, Introduction to the Study of Jurisprudence; Wheaton's Elements of International Law; and Vattel, Le Droit des Gens.
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