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It is sufficient to say that for a period of ten years and upward our commerce was, with but little interruption, the subject of constant aggression on the part of France aggressions the ordinary features of which were condemnations of vessels and cargoes under arbitrary decrees, adopted in contravention as well of the laws of nations as of treaty stipulations, burnings on the high seas, and seizures and confiscations under special imperial rescripts in the ports of other nations occupied by the armies or under the control of France.
It enforces the responsibility of the Ministers of State for all advice given to the Emperor and decrees that all laws, Imperial ordinances and Imperial rescripts of any kind relating to affairs of State, must be countersigned by a Minister of State. The Constitution also defines the position, authority, and independence of the judges.
6 If a man can prove that through poverty he is unequal to the burden of the office, this, according to rescripts of the imperial brothers and of the Emperor Marcus, is a valid ground of excuse.
Here, too, he learned a certain liberality in religious matters; for it was Cassiodorus who, in one of the rescripts given from the Gothic court, wrote those memorable words: 'Religious faith we have no power to impose, seeing that no man can be made to believe against his will. Upon the murder of Amalasuntha, when the base Theodahad ruled alone, and ruin lay before the Gothic monarchy, Probus, despairing of Italy, following the example of numerous Roman nobles, migrated to Byzantium.
Hence, by his rescripts of October 1847, and October 1848, he condemned, from their first institution, the Queen's Colleges, on account of their "grievous and intrinsic dangers to faith and morals"; and since then he has frequently repeated his sacred admonitions, warning the bishops and the faithful people to beware of evil systems of public instruction; and to secure, by every means in their power, the blessings of Catholic education for the rising generation.
The rescripts of the early emperors recognized too many popular rights to suit the despotic character of Justinian; and the older jurists, like the Scaevolas, Sulpicius, and Labeo, were distasteful from their sympathy with free institutions. Different opinions have been expressed by the jurisconsults as to the merits of the Justinian collection.
Occasional rescripts issued from the throne to decide the questions which, by their novelty or importance, appeared to surpass the authority and discernment of a proconsul. Transportation and beheading were reserved for honorable persons; meaner criminals were either hanged, or burned, or buried in the mines, or exposed to the wild beasts of the amphitheatre.
But these imperial rescripts and these papal encyclicals because it is impossible to leap over or suppress the phases of the social evolution could only result abortively in our bourgeois, individualist and laissez faire world.
The French language had already become so prevalent throughout Belgium that, in 1840, the provincial councillors of Ghent were constrained to pass a resolution to the effect that the offices dependent upon them should, at all events, solely be intrusted to persons acquainted with the Flemish dialect, and that their rescripts should be drawn up in that language.
Antoninus Pius is said to have published rescripts to the same effect. The terms of Hadrian's rescript seem very favorable to the Christians; but if we understand it in this sense, that they were only to be punished like other people for illegal acts, it would have had no meaning, for that could have been done without asking the emperor's advice.
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