No Christian has the jus gladii.
van Espen, Jus ecclesiasticism universum (Louvain, 1720), De recursu ad Principem, observationes in Concilium Lateranense iv.; L.
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.
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.
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).
Itaque jus illud clientelare seu protectionis omnium maximum ac pulcherrimum inter principes censetur " (1 c. 7).
The researches of HaSdeu, Xenopol and other historians tend to show the existence of a highly organized Vlach society in Transylvania, Oltland and certain districts of Hungary and Moldavia; of a settled commonalty, agricultural rather than pastoral; and of a hereditary feudal nobility, bound to pay tribute and render military service to the Hungarian crown, but enjoying many privileges, which were defined by a distinct customary law (jus valahicum) .
Canon law, jus canonicum, is the sum of the laws which regulate the ecclesiastical body; for this reason it is also called ecclesiastical law, jus ecclesiasticum.
There is a further distinction between the written law, jus scriptum, laws made by the councils or popes, which are to be found in the collections, and the unwritten law, jus non scriptum, a body of practical rules arising rather from natural equity and from custom than from formal laws; with this is connected the customary law.
- The numerous important decrees made by the council of Trent, in the second part of its sessions, called de reformatione, are the starting-point of the canon law in its latest stage, jus novissimum; it is this which is still in force in the Roman Church.
The view taken by the king's courts, and acquiesced in by the ecclesiastical courts, since Henry VIII., is that the Church of England was always an independent national church, subject indeed to the general principles of the jus commune ecclesiasticum (Whitlock in Ever v.
The sources of English ecclesiastical law (purely ecclesiastical) were therefore (1) the principles of the jus commune ecclesiasticum; (2) foreign particular constitutions received here, as just explained; (3) the constitutions and canons of English synods (cf.
On the existence of this jus commune ecclesiasticum and that the Church of England, in whatever sense independent, takes it over until she repeals it, see Escott v.
(2) The jus deportuum, fructus medii temporis, or annalia, i.e.
This theory makes a fundamental distinction between the supreme jurisdiction in ecclesiastical matters (Kirchenhoheit or jus circa sacra), which it conceives as inherent in the power of the state in respect of every religious communion, and the ecclesiastical power (Kirchengewalt or jus in sacra) inherent in the church, but in some cases vested in the state by tacit or expressed consent of the ecclesiastical body.
Zacharia von Lingenthal, in Jus Graeco-Romanum, vol.
If so, parliament was told that temporal possessions ruin the church and drive out the Christian graces of faith, hope and charity; that the priesthood of the church in communion with Rome was not the priesthood Christ gave to his apostles; that the monk's vow of celibacy had for its consequence unnatural lust, and should not be imposed; that transubstantiation was a feigned miracle, and led people to idolatry; that prayers made over wine, bread, water, oil, salt, wax, incense, altars of stone, church walls, vestments, mitres, crosses, staves, were magical and should not be allowed; that kings should possess the jus episcopale, and bring good government into the church; that no special prayers should be made for the dead; that auricular confession made to the clergy, and declared to be necessary for salvation, was the root of clerical arrogance and the cause of indulgences and other abuses in pardoning sin; that all wars were against the principles of the New Testament, and were but murdering and plundering the poor to win glory for kings; that the vows of chastity laid upon nuns led to child murder; that many of the trades practised in the commonwealth, such as those of goldsmiths and armourers, were unnecessary and led to luxury and waste.
With a little straining these are made to correspond to five chief divisions of Jus, - personal security (benevolence being opposed to the ill-will that commonly causes personal injuries), property, contract, marriage and government; while the first, second and fourth, again, regulate respectively the three chief classes of human motives, - affections, mental desires and appetites.
The collegium of the Pontifices was the most important priesthood of ancient Rome, being specially charged with the administration of the jus divinum, i.e.
His functions were partly sacrificial or ritualistic, but these were the least important; the real power lay in the administration of the jus divinum, the chief departments of which may briefly be described as follows: (1) the regulation of all expiatory ceremonials needed as the result of pestilence, lightning, &c.; (2) the consecration of all temples and other sacred places and objects dedicated to the gods by the state through its magistrates; (3) the regulation of the calendar both astronomically and in detailed application to the public life of the state; (4) the administration of the law relating to burials and burying-places, and the worship of the Manes, or dead ancestors; (5) the superintendence of all marriages by confarreatio, i.e.
His works include Ad Sabinum, a commentary on the jus civile, in over 50 books; Ad edictum, a commentary on the Edict, in 83 books; collections of opinions, responses and disputations; books of rules and institutions; treatises on the functions of the different magistrates - one of them, the De officio proconsulis libri x., being a comprehensive exposition of the criminal law; monographs on various statutes, on testamentary trusts, and a variety of other works.
au jus or roasted chicken.
Sandwich choices consist of a roast beef au jus or roasted chicken.
My guest had the crispy duck leg confit with sweet potato and thyme terrine with vanilla jus, (£ 16.00 ).
Hope u enjoyed it Can i jus say dat ive dun dis 4 half a year!
filletael chose one of the special dishes of the day, a chargrilled filet of lamb in a mint and tarragon jus.
M: roasted rack of English spring lamb with roasted garlic & honey jus and fondant potatoes.
Here, you take da other one an ' do jus ' like me.
U cud incorporate the jewelry u have jus bought her into a little treasure hunt or something.
I even saw the word jus on the menu.
Cook down for a few seconds to make a jus.
Michael chose one of the special dishes of the day, a chargrilled filet of lamb in a mint and tarragon jus.
I had cornfed chicken in a dark hued sticky veal jus that was seriously good.
Char Grilled Rump of Herb Fed Beef (serves 2-4) With char grilled vegetables, new potatoes and red onion marmalade thyme jus.
There is a variety of grills and roasts ranging from The Ivy hamburger to roast poulet des landes with truffle jus and dauphin potatoes.
What does " Guinea fowl and ginger sausages with spring onion mash and port wine jus " say to you?
S: salmon rillettes with grilled granary bread; crispy pork belly with coconut sticky rice, pickled ginger and red wine jus.
MAIN COURSES Traditional Roast Turkey Herb stuffed turkey breast, served with chipolata bacon curls & a rich jus & cranberry sauce.
jus cogens is a body of norms which even the will of sovereign states cannot violate.
jus patronat shall always bear the name of their original founders.
The jus ad bellum is the right to go to war for some jus ad bellum is the right to go to war for some just cause.
jus t h ammer out the miles on roads or pavements.
jus in bello is the right way to fight such a war.
Nonlethal weapons are legal with respect to jus in bello if the effects of the weapon are not long-term, debilitating, or irreversible.
Rating: 10/10 I have jus finished reading goodnight mister tom with my class and i thought it was an excellent read.
Sandwich choices consist of a roast beef au jus or roast beef au jus or roasted chicken.
Roasted Rack of best English Lamb with fresh rosemary, served with a mint jus.
For his next course Marc chose roasted rump of lamb with a sweetbread in truffle crust and tarragon and tomato jus.
It jus ' called him Cap'n Kidd, " replied trot.
truffle jus and dauphin potatoes.
serve the veal, cut into 1-inch thick slices, with the jus.
veal jus and reduce by a quarter.
It must be remembered that the forum externum of the ecclesiastical jurisdiction, in the sense in which we now use the phrase, of a judge deciding causes, was not then clearly marked off from the forum internum, or what afterwards came to be called the " tribunal of penance " (see Van Espen, Jus ecc. Univ.
As it could be acquired by grant of the sovereign, and as, when once acquired, it went on from generation to generation, it answers exactly to the jus imaginum at Rome, the hereditary badge of nobility conferred by the election of the people.
They were (1) the inhabitants of conquered towns which had been deprived of local self-government, who possessed the jus conubii and jus commercii, but no political rights; Caere is said to have been the first example of this (353 B.C.); hence the expression "in tabulas Caeritum ref erre" came to mean "to degrade to the status of an aerarius": (2) full citizens subjected to civil degradation (infamia) as the result of following certain professions (e.g.
Although free birth was considered indispensable, the right of wearing the gold ring (jus anuli aurei) was frequently bestowed by the emperor upon freedmen, who thereby became ingenui and eligible as equites.
According to the medieval canon law, based on the decretals, and codified in the 13th century in the Corpus juris canonici, by which the earlier powers of metropolitans had been greatly curtailed, the powers of the archbishop consisted in the right (i) to confirm and consecrate suffragan bishops; (2) to summon and preside over provincial synods; (3) to superintend the suffragans and visit their dioceses, as well as to censure and punish bishops in the interests of discipline, the right of deprivation, however, being reserved to the pope; (4) to act as a court of appeal from the diocesan courts; (5) to exercise the jus devolutionis, i.e.
He was thrice married; on the death of his second wife without issue, Trajan conferred on him the jus trium liberorum (A.D.
It arose partly from the makeshift policy of the times of the Reformation, and partly from Luther's strong belief that the jus episcopale belonged in the last resort to the civil authorities.
During the 2nd century B.C. the jus suffragii and jus honorum were conferred upon numerous municipia (Livy xxxviii.
The name Uprauda is said to be derived from the word prauda, which in Old Slavic means jus, justitia, the prefix being simply a breathing frequently attached to Slavonic names.
As to the expression jus canonicum, it implies the systematic codification of ecclesiastical legislation, and had no existence previous to the labours which resulted in the Corpus juris canonici.
With regard to the texts now in force, the name of jus antiquum, ancient law, has been given to the laws previous to the Corpus' juris canonici; the legislation of this Corpus has been called jus novum, new law; and finally, the name of recent law, jus novissimum, has been given to the law established by the council of Trent aid subsequent papal constitutions.
The jus deportuum, annalia or annatae, was originally the right of the bishop to claim the first year's profits of the living from a newly inducted incumbent, of which the first mention is found under Pope Honorius (d.
This was found in the so-called "collegial" theory of Church government (Kollegialsystem), which assumed a sort of tacit concordat between the state and the religious community, by which the latter vests in the former the right to exercise a certain part of the jus in sacra properly inherent in the Church (see Pufendorf, Samuel).
It jus ' called him Cap'n Kidd, replied Trot.
Serve the veal, cut into 1-inch thick slices, with the jus.
Add the veal jus and reduce by a quarter.
Carve and serve with au jus and horseradish.
Aged and slow-roasted, the prime rib is served au jus with a choice of regular horseradish or creamy horseradish sauce.
The menu is highlighted by roast beef and au jus dinners, as well as as regional favorite--roast beef sandwich on a kimmelwick roll, known as a beef on a wick.
Tables towards the wider, more general and more humane jus gentium.
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.
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 inhabitants received the Jus Italicum, and Philippi was one of the specially designated "first cities" (Acts xvi.
The word usage examples above have been gathered from various sources to reflect current and historial usage. They do not represent the opinions of YourDictionary.com.