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Updated: June 22, 2025
With the Parliament of China effectively destroyed, and the turbulent Yangtsze Valley dragooned into sullen submission, Yuan Shih-kai's task had become so vastly simplified that he held the moment to have arrived when he could openly turn his hand to the problem of making himself absolutely supreme, de jure as well as de facto. But there was one remaining thing to be done.
Nothing remained for the King, he wrote, but a union with the Scottish nation and the English Presbyterians against the Independents and Anti-monarchists; and to secure such a union Episcopacy must go overboard. His Majesty's conscience! Did his Majesty really believe that Episcopacy only was jure divino, and that there could be no true Church without Bishops?
Both the monarch and his minister entertained a high opinion of the abilities and virtue of Grotius: His treatise De Jure Belli et Pacis was found, after the death of Gustavus, in the royal tent.
For these reasons, every one of those unfortunate men who are pretended to be slaves, has a right to be declared to be free, for he never lost his liberty; he could not lose it; his Prince had no power to dispose of him. Of course, the sale was ipso jure void. This right he carries about with him, and is entitled every where to get it declared.
Undoubtedly, this is a case which calls for imitation of the wise reserve of moralists and jurists, who warn us against carrying things to extremes, and who advise us to suspect every definition; because there is not one, they say, which cannot be utterly destroyed by developing its disastrous results Omnis definitio in jure civili periculosa est: parum est enim ut non subverti possit.
It was not quite for nothing that James had had for his tutor the republican George Buchanan, one of the first opponents of monarchical absolutism in his famous De Jure Regni apud Scotos; nor did he ever quite forget the noble words in which at his first Parliament he thus defined for ever the position of a constitutional king: "That I am a servant it is most true, that as I am head and governor of all the people in my dominion who are my natural vassals and subjects, considering them in numbers and distinct ranks: so, if we will take the whole people as one body and mass, then, as the head is ordained for the body and not the body for the head, so must a righteous king know himself to be ordained for his people and not his people for him. . . . I will never be ashamed to confess it my principal honour to be the great servant of the Commonwealth."
Many things men do de facto, which they cannot de jure. Civil persons may exercise a spiritual jurisdiction and office, and, again, ecclesiastical persons may exercise a civil jurisdiction de facto, though not de jure.
"It is true," said he, "the word Calendae, had in Q. V. C. been sometimes writ with a K, but erroneously, for in the best copies it is ever spelt with a C; and by consequence it was a gross mistake in our language to spell 'knot' with a K," but that from henceforward he would take care it should be writ with a C. Upon this all further difficulty vanished; shoulder-knots were made clearly out to be jure paterno, and our three gentlemen swaggered with as large and as flaunting ones as the best.
Caesar could accordingly de jure assign to himself even such prerogatives as lay outside of the proper functions of the magistracy and even outside of the province of state-powers at all; and it appears almost as a concession on his part, that he abstained from nominating the magistrates instead of the Comitia and limited himself to claiming a binding right of proposal for a proportion of the praetors and of the lower magistrates; and that he moreover had himself empowered by special decree of the people for the creation of patricians, which was not at all allowable according to use and wont.
During that period no army has invaded her with a view to her reconquest; and if she has not yet established her right to be treated as a nation independent de facto and de jure, it would be difficult to say at what period she will attain to that condition. Nor can we by any fair or any legitimate inference be accused of violating any treaty stipulations with Mexico.
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