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Updated: June 5, 2025
"Very well, sir," said the Antiquary, "since you are disposed to be so civil, you shall have another job in your own best way a little cast of state politics a crime punishable per Legem Juliam, Mr. Sweepclean Hark thee hither."
Sect. 9. 2d. If the ceremonies be lawful to us because the law and ordinance of the church prescribes them, then either the bare and naked prescription of the church, having no other warrant than the church’s own authority, makes them to be thus lawful; or else the law of the church, as grounded upon and warranted by the law of God and nature. Not the first; for divines hold, legem humanum ferri ab hominibus, cum ratione procedunt ab illis aliis antegressis legibus. Nam legis humanae regula proxima est duplex. Una innata quam legem naturalem dicimus, altera inspirata, quam divinam, &c. Ex his ergo fontibus lex humana procedit: hoec incunabila illius
We also know that, in case of conviction, the sentence of the jury was not necessarily final; that the accused had the right of appeal to the king and his judges, and to demand either a new trial, or an acquittal, if the trial or conviction had been against law. So much, therefore, of the legem terrae of Magna Carta, we know with reasonable certainty.
"If it please you, holy father Abbot," cried the voice, "this decision of yours is indeed secundum legem and intra vires so far as the civil suit is concerned which lies between this person and the Abbey.
"Very well, sir," said the Antiquary, "since you are disposed to be so civil, you shall have another job in your own best way a little cast of state politics a crime punishable per Legem Juliam, Mr. Sweepclean Hark thee hither."
A certain nun named Alerona, for having married a man named Rabennonus, "secundum legem omnis substantia ipsius ad Publicum devoluta est"; a little later Rabennonus, for having killed a man, "medietas omnis illius substantiae ad Publicum devoluta est."
He seems to think that, in cases of "judgment by default or demurrer," there is no need of a jury, and thence to infer that legem terrae may not have required a jury in those cases. But this opinion is founded on the erroneous idea that juries are required only for determining contested facts, and not for judging of the law. Mr.
Hallam says, if the word vel, be rendered by and,, "the meaning will be, that no person shall be disseized, &c., except upon a lawful cause of action.", This is true; but it does not follow that any cause of action, founded on statute only,, is therefore a "lawful, cause of action," within the meaning of legem terrae, , or the Common Law., Within the meaning of the legem terrae, of Magna Carta, nothing but a common law, cause of action is a "lawful", one.
The keynote of the present writer's public life has been "Pro jure contra legem" for the Right which makes men, against the Law which men have made. He believes that liberty is the highest expression of Right, and that the republican formula, "Liberty, Equality, and Fraternity," leaves nothing to be added or to be taken away. For Liberty is Right, Equality is Fact, and Fraternity is Duty.
And he laid his hands upon that he blessed and gave thanks and he prayed and they all with him prayed: Deus, cuius verbo sanctificantur omnia, benedictionem tuam effunde super creaturas istas: et praesta ut quisquis eis secundum legem et voluntatem Tuam cum gratiarum actione usus fuerit per invocationem sanctissimi nominis Tui corporis sanitatem et animae tutelam Te auctore percipiat per Christum Dominum nostrum.
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