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Updated: August 11, 2024
Seeing the great difficulties that lie in the way of increasing charities so as to meet the increase of population, or even so as to follow it, and the manifold desirableness of parish Churches, with the material dignity that in a right state of Christian order would attach to them, as compared with meeting-houses, chapels, and the like all more or less 'privati juris', I have often felt disposed to wish that the large majestic Church, central to each given parish, might have been appropriated to Public Prayer, to the mysteries of Baptism and the Lord's Supper, and to the 'quasi sacramenta', Marriage, Penance, Confirmation, Ordination, and to the continued reading aloud, or occasional chanting, of the Scriptures during the intervals of the different Services, which ought to be so often performed as to suffice successively for the whole population; and that on the other hand the chapels and the like should be entirely devoted to teaching and expounding.
Gridley," he said, "you are not studying the civil law, are you?" He strode towards him as he spoke, his face white, his eyes fixed fiercely on him. "It always interests me, Mr. Bradshaw," he answered, "and this is a fine edition of it. One may find a great many valuable things in the Corpus Juris Civilis." He looked impenetrable, and whether or not he had seen more than Mr.
Andrew Hesaels, 'doctor utriusque juris', delivered a salutatory oration, in which, among other flights of eloquence, he expressed the hope of the provinces that the Duke, with the beams of his greatness, wisdom, and magnanimity, would disipate all the mists, fogs, and other exhalations which were pernicious to their national prosperity, and that he would bring back the sunlight of their ancient glory.
Otherwise his Right is de facto incomplete; the aggressor, that is to say, has the right of might Faustrecht; and this is just the conception of Right which Spinoza entertains. He recognises no other. His words are: unusquisque tantum juris habet quantum potentia valet; each man has as much right as he has power.
The real position, legal and social, which women in England and continental Europe have for centuries occupied, may be gauged from an examination of the feminist movement in a very enlightened country, say Germany. The laws of Germany were founded on the Corpus Juris of the Romans, a stern code which relegates women to the position of chattels.
"It was in that form that the Roman law became the common law of Europe; and when, four centuries later, other sources came to be added to it, the Corpus Juris of the school of Bologna had been so universally received, and so long established as a basis of practice, that the new discoveries remained in the domain of science, and served only for the theory of the law.
But it is only up to a certain point that the progress of Roman law can be taken to represent the progress of other systems of jurisprudence. The theory of Natural law is exclusively Roman. The notion of the vinculum juris, so far as my knowledge extends, is exclusively Roman.
Creech and Co. were fighting a pretty uphill battle, which resulted, I need hardly add, in their total rout. The case was dismissed. No, I doubt if ever I heard Hermiston better inspired. He was literally rejoicing in apicibus juris." Archie was able to endure no longer. He thrust his plate away and interrupted the deliberate and insignificant stream of talk.
Upon the Italians the Emperor conferred the boon of his famous Corpus Juris, a compendium of that legal wisdom which constitutes the best title of Rome to the world's gratitude. For the future it was momentous that Italy learned, at this early date, to regard the Corpus as the perfection of legal wisdom. But in the sixth century good laws availed nothing for want of good government.
Hale says:"The trial by jury of twelve men was the usual trial among the Normans, in most suits; especially in assizes, et juris utrum." 1 Hale's History of the Common Law, 219 This was in Normandy, before the conquest of England by the Normans. See Ditto, p. 218. Crabbe's History of the English Law, p. 32.
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