After his death, his pupils published a Philosophic Generalis (1770) and a Jus Naturae (1765), which he had left in manuscript.
Though the jus divinum of presbytery is not now insisted upon as in some former times, Presbyterians claim that it is the church polity set forth in the New Testament.
Both jus naturale and lex naturalis are as early as Cicero, and the jus gentium of the Roman lawyers is earlier still.
Locke had spent some years in Holland, the country of Grotius, who, with help from other great lawyers, and under a misapprehension as to the meaning of the Roman jus gentium, shaped modern concepts of international law by an appeal to law of nature.
Iv.) and Jus eccles.
Van Espen, Jus ecclesiasticism universum (Louvain, 1720), De recursu ad Principem, observationes in Concilium Lateranense iv.; L.
This nobility consisted of all those who, as descendants of curule magistrates, had the jus imaginum - that is, who could point to forefathers ennobled by office.
Just as the old patricians had striven to keep plebeians out of high offices, so now the new nobles, patrician and plebeian alike, strove to keep "new men," men who had not the jus imaginum, out of high office.
If the later nobilitas of Rome had established an assembly in which every one who had the jus imaginum had a vote and none other, that would have been a real parallel to the shutting of the Venetian Great Council; for it would have come about through the working of causes which are essentially the same.
The new man had much to strive against, but he could sometimes thrust himself through, and when he did his descendants had their jus imaginum.
The esquires, knights, lesser barons, even the remote descendants of peers, that is, the noblesse of other countries, in England remained gentlemen, but not noblemen - simple commoners, that is, without legal advantage over their fellowcommoners who had no jus imaginum to boast of.
At a later date, probably under Septimius Severus or Caracalla (beginning of 3rd century), Palmyra received the Jus italicum and the status of a colony; the executive officials of the council and people were called strategoi, equivalent to the Roman duumviri (NSI.
If there was thus only a customary and unwritten law (and William of Tyre definitely speaks of a jus consuetudinarium under Baldwin III., quo regnum regebatur), then the "Letters of the Sepulchre" are a myth - or rather, if they ever existed, they existed not as a code of written law, but, perhaps, as a register of fiefs, like the Sicilian Defetarii.
Provincial governors were kept under strict supervision; extortion was practically unheard of; the jus Latii was bestowed upon several communities; special officials were instituted for the control of the finances; and the emperor's interest in provincial affairs was shown by his personal assumption of various municipal offices.
The jus annuli aurei, or right of wearing a gold ring, originally a military distinction, became a senatorial privilege, which was afterwards extended to the knights and gradually to other classes.
Bohmer's Jus ecclesiasticuni Protestantium (1714-1723), and van Espen's Jus ecclesiasticuzn (1702) detail at great length the relations of heresy to canon and civil law.
It should always be remembered that the law of the Church was regarded by all lawyers in the later middle ages as the law common to all Europe (jus commune).
The great courts of approach were not finished before the reigns of Caracalla and Philip. In commemoration, no doubt, of the dedication of the new sanctuaries, Severus conferred the jus Italicum on the city.
3, 22, 2) expresses it, "Nec regi aut populo jus demit summi imperii."
About the close of this period we have some valuable writers on Polish history, which now began to be studied critically, such as Hartknoch in his Altand Neues Preussen (1684), a work in which are preserved interesting specimens of the old Prussian language, and Lengnich (1689-1774), author of the valuable Jus publicum regni Poloniae, which appeared in 1742.
Burghers there were, properly speaking, none, for most of the citizens in the large towns were foreigners governed by the Jus magdeburgicum.
But besides this, as Leslie has pointed out, the influence of Montesquieu tended to counterbalance the theoretic prepossessions produced by the doctrine of the jus naturae.
Their citizens were called upon to pay the same dues and perform the same service in the legions as full Roman citizens, but were deprived of the chief privileges of citizenship, those of voting in the Comitia (jus suffragii), and of holding Roman magistracies (jus honorum).
Augustus and his successors adopted the practice of granting to existing towns in the provinces either the full citizenship, or a partial civitas known as the jus Latii.
This was especially true in the case of the inhabitants of those towns which were in possession of the jus italicum.
The Jus pacis was an addition introduced first in the later work, an insertion which is the cause of not a little of the confused arrangement which has been found fault with in the De jure belli.
The title of the work was so far misleading that the jus belli was a very small part of his comprehensive scheme.
Brydall, Jus Imaginis aped Anglos, or the Law of England relating to the Nobility and Gentry (London, 1675), p. 20.
As an allied city it furnished contingents to the Roman army and possessed the right of exile (jus exilii), i.e.
The inhabitants received the Jus Italicum, and Philippi was one of the specially designated "first cities" (Acts xvi.
It may be observed that, long after the Latins had ceased to exist as a separate people we meet in Roman writers with the phrase of nomen Latinum, used not in an ethnical but a purely political sense, to designate the inhabitants of all those cities on which the Romans had conferred " Latin rights " (jus Latinum) - an inferior form of the Roman franchise, which had been granted in the first instance to certain cities of the Latins, when they became subjects of Rome, and was afterwards bestowed upon many other cities of Italy, especially the so-called Latin colonies.
They were drawn up in historical times like the so-called leges regiae (jus Papirianum), supposed to contain the decrees and decisions of the Roman kings.
Cologne rose to be the chief town of Germania Secunda, and had the privilege of the Jus Italicum.
It consisted of two masses, which were usually distinguished as old law (jus vetus) and new law (jus novum).
The first of these comprised: (i.) all such of the statutes (leges) passed under the republic and early empire as had not become obsolete; (ii.) the decrees of the senate (senatus consulta) passed at the end of the republic and during the first two centuries of the empire; (iii.) the writings of the jurists of the later republic and of the empire, and more particularly of those jurists to whom the right of declaring the law with authority (jus respondendi) had been committed by the emperors.
As regards the jus vetus, therefore, the judges and practitioners of Justinian's time had two terrible difficulties to contend with - first, the bulk of the law, which made it impossible for any one to be sure that he possessed anything like the whole of the authorities bearing on the point in question, so that he was always liable to find his opponent quoting against him some authority for which he could not be prepared; and, secondly, the uncertainty of the law, there being a great many important points on which differing opinions of equal legal validity might be cited, so that the practising counsel could not advise, nor the judge decide, with any confidence that he was right, or that a superior court would uphold his view.
The new law (jus novum), which consisted of the ordinances of the emperors promulgated during the middle and later empires (edicta, rescripta, mandata, decreta, usually called by the general name of constitutiones), was in a condition not much better.
Immediately after his accession, in 528, he appointed a commission to deal with the imperial constitutions (jus novum), this being the easier part of the problem.
The instructions given to them by the emperor were as follows: - they were to procure and peruse all the writings of all the authorized jurists (those who had enjoyed the jus respondendi); were to extract from these writings whatever was of most permanent and substantial value, with power to change the expressions of the author wherever conciseness or clearness would be thereby promoted, or wherever such a change was needed in order to adapt his language to the condition of the law as it stood in Justinian's time; were to avoid repetitions and contradictions by giving only one statement of the law upon each point; were to insert nothing at variance with any provision contained in the Codex constitutionum; and were to distribute the results of their labours into fifty books, subdividing each book into titles, and following generally the order of the Perpetual Edict.2 These directions were carried out with a speed which is surprising when we remember not only that the work was interrupted by the terrible insurrection which broke out in Constantinople in January 532, and which led to the temporary retirement from office of Tribonian, but also that the mass of literature which had to be read through consisted of no less than two thousand treatises, comprising three millions of sentences.
4 In enacting the Digest as a law book, Justinian repealed all the other law contained in the treatises of the jurists (that jus vetus which has been already mentioned), and directed that those treatises should never be cited in future even by way of illustration; and he of course at the same time abrogated all the older statutes, from the Twelve Tables downwards, which had formed a part of the jus vetus.
A popular book, Jus Populi Vindicatum (1669), demanded the restoration of the covenants, which meant civil war, the hanging of the bishops, and even applauded assassination by men who had " a call," like Phinehas.
This conflict arises not only from naturalization having been granted without the corresponding expatriation having been permitted, but also from the fact that birth on the soil was the leading determinant of nationality by feudal law, and still is so by the laws of England and the United States (jus soli), while the nationality of the father is its leading determinant in those countries which have accepted Roman principles of jurisprudence (jus sanguinis).
The conflict is usually solved for practical purposes by an understanding which is approximately general, namely that, in cases not provided for by treaty, no state shall protect those whom it claims as its nationals while residing in the territory of another state which claims them as its own nationals by any title, whether jus soli, jus sanguinis, naturalization, or the refusal to allow expatriation.
No Christian has the jus gladii.
When an immigrant moved to Rome from one of the cities of the Latin league, or any city which enjoyed the jus commercii with Rome, and by the exercise of the right of voluntary exile from his own state (jus exulandi), claimed Roman citizenship, it is impossible to suppose that it was necessary for him to make application to a Roman patron to represent him in his legal transactions; for the jus commercii gave its holder the right of suing and being sued in his own person before Roman courts.
The early universities of Europe, being under the same religious authority and animated by the same philosophy, resembled each other very closely in curriculum and general organization and examinations, and by the authority of the emperor, or of the pope in most cases, the permission to teach granted by one university was valid in all (jus ubicunque docendi).
As minister he conferred upon his Calvinistic univer sity the Jus Promovendi.
The jus episcopale which Luther afterwards claimed for the secular authorities had been practically exercised in Saxony and Brandenburg; cities and districts had framed police regulations which set aside ecclesiastical decrees about holidays and begging; the supervision of charity was passing from the hands of the church into those of laymen; and religious confraternities which did not take their guidance from the clergy were increasing.
Cii.), William of Tyre tells us that he spent his spare time in reading and had a particular affection for history; that he was well skilled in the jus consuetudinarium of the kingdom (afterwards recorded by lawyers like John of Ibelin and Philip of Novara as "the assizes of Jerusalem"); and that he had the royal faculty for remembering faces, and could generally be trusted to address by name anybody whom he had once met, so that he was more popular with high and low than any of his predecessors.
In the towns, however, this right was strengthened at an early date by the jus negotiale.
2 [His official title in republican times was Praetor qui inter peregrinos jus dicit, under the empire Praetor qui inter tines peregrinos jus dicit, until the time of Vespasian, when the abbreviated title praetor peregrinus came into use.] (Gallia cisalpina) was added to the previous nine, and thus the number of judicial and provincial departments corresponded to the annual number of praetors, propraetors and proconsuls.
The proceedings before the praetor were technically known as jus in distinction from judicium, which was the actual trial before the deputy judge.
The Volcae were free and independent, had their own laws, and possessed the jus Latii.
It supplied them with an incentive to scientific research in archaeology and grammar; it penetrated jurisprudence until the belief in the ultimate identity of the jus gentium with the law of nature modified the praetor's edicts for centuries.
Professor de Louter defines it as " une servitude du droit des gens (servitus juris gentium), et qui differe de la servitude du droit priv y en ce qu'elle ne constitue pas un droit reel (jus in re aliena) mais un droit entre deux personnes de droit international (subjecta juris gentium) " (Revue de droit international, 18 99, p. 33 0).
Tables towards the wider, more general and more humane jus gentium.