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Peebles; 'a Multiplepoinding is the safest REMEDIUM JURIS in the whole; form of process. I have known it conjoined with a declarator of marriage.
'I crave you to be hushed, Captain Waverley; you are elsewhere, peradventure, sui juris, foris-familiated, that is, and entitled, it may be, to think and resent for yourself; but in my domain, in this poor Barony of Bradwardine, and under this roof, which is quasi mine, being held by tacit relocation by a tenant at will, I am in loco parentis to you, and bound to see you scathless.
Hence I may compare the constitutions of the church with responsa juris consultorum among the Romans, which obliged no man, nisi ex aequo et bono, saith Daneus.
It was, therefore, I submit, an intelligible and, under given circumstances, a warrantable scheme of action, under which the State virtually said: Church decrees, taking the form of law, and obtaining their full and certain effect only in that form, can be executed only as law, and while they are in process of being put into practice can only be regarded as law, and therefore the whole power of their execution, that is to say, all juris diction in matters ecclesiastical and spiritual, must, according to the doctrine of law, proceed from the fountain-head of law, namely, from the Crown.
True judicial courts, whether in times of peace or of revolution, seldom fail to be a substantial protection to the weak, because they enforce an established corpus juris and conduct trials by recognized forms.
The words, as expressed in this article, are “representatives and direct taxes shall be apportioned among the several states which may be included in this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.” In order to elucidate this, it will be necessary to repeat the remark in my last number, that the mode of legislation in the infancy of free communities was by the collective body, and this consisted of free persons, or those whose age admitted them to the right of mankind and citizenship, whose sex made them capable of protecting the state, and whose birth may be denominated Free Born; and no traces can be found that ever women, children, and slaves, or those who were not sui juris, in the early days of legislation, meeting with the free members of the community to deliberate on public measures; hence is derived this maxim in free governments, that representation ought to bear a proportion to the number of free inhabitants in a community; this principle your own state constitution, and others, have observed in the establishment of a future census, in order to apportion the representatives, and to increase or diminish the representation to the ratio of the increase or diminution of electors.
'Why, I wish we could have seen Mac-Morlan, said the Counsellor, 'who is a sensible fellow himself, and would besides have acted under my advice. But there is little harm. Our friend here must be made sui juris.
At a short distance from it stands the Hotel Cujas, one of the curiosities of Bourges and the habitation for many years of the great juris- consult who revived in the sixteenth century the study of the Roman law, and professed it during the close of his life in the university of the capital of Berry.
It is certain, however, that, in spite of its many defects, the Mancipatory Testament by which the universitas juris devolved at once and unimpaired was never entirely superseded by the new Will; and at a period less bigoted to antiquarian forms, and perhaps not quite alive to their significance, all the ingenuity of the Jurisconsults seems to have been expended on the improvement of the more venerable instrument.
These works, taken together, form the Civil Law, the Corpus Juris Civilis. They are the legacy of Rome to later times. Humane principles are incorporated into the civil law, but, likewise, the despotic system of imperialism. THE LOMBARDS IN ITALY. In the great "Wandering of the Nations," the German tribe of Lombards, or Langobards, had made their way into Pannonia.
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