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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35697 Jus regiminis, being a justification of defensive arms in general and consequently, of our revolutions and transactions to be the just right of the kingdom. Denton, William, 1605-1691. 1689 (1689) Wing D1067; ESTC R2231 155,945 104

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had the force of Laws for Quintus Hortensius when the Commons of Rome had withdrawn themselves into Janiculum a Town beyond Tyber made a Law that those things which the Common People had commanded all the Quirites the Roman Citizens should be obliged by and observe which Law L. Valerius and M. Horatius had granted Centuriatis Comitiis i. e. to the general Assembly of the People of Rome assembled to treat of common affairs There was great difference between Plebiscita Orders made by the common People and the Laws for the Plebiscita the Tribunes demanded those things which did belong to the People but the Laws either Consul or Praetor or other Magistrate advising rogabantur were demanded whether they should be ratified or not They made also a difference between Populus the Citizens of Rome and Plebs the common Rout for that among the People were Patricians Senators and the Nobility but among the Rout there were no Patricians Notwithstanding whatever the People commanded was not always to be ratified because whatever was not just the People might not command The Counsels of the Senate though they were not brought yet if the Tribunes approved thereof and would have them ratified they obtained the force of Laws The Edicts and Interdicts of Praetors also sometimes and under some qualifications had the force of Laws which were intituled Jus Honorarium which were taken away by the Lex Cornelia Also the Responses of Wise-men went sometimes for currant Likewise the ablest and wisest Lawyers were esteemed and used as the best Interpreters and Judges of the Laws which some say was granted to them by Augustus others as confidently affirm they had it not from Augustus and other Princes but of antient custom and right long before But Caligula that Monster and Enemy of Mankind caused all the Decrees of the Lawyers to be forbidden and no body but himself to be the Interpreter and Judge of them At least the Decrees and Constitutions of Princes went for currant Law For when Caesar and the following Emperors had obtained the chief Empire and they only gave Laws and all the Right and Power of Legislation was rent from the People Lege Hortensia and was given to the Caesars so that their Wills and their Decrees without the counsel or consent of the People as formerly had the force of Laws contrary to the Laws of God Nature and Reason Caracalla being fully possessed of this exorbitant power used it accordingly who first killed his own Brother Geta who had equal share with him in the Government by the appointment of Severus their Father and then caused the great Lawyer Papinianus to be put to death because he would not defend that barbarous Act of his before the Senate alledging for his justification that it was easier to commit Parricide than defend it but afterwards this Caracalla was contented more Majorum to have him Canonized Divus modo non sit vivus to deify him being dead in another world rather than to have him a living Co-partner with him in the Empire On the contrary Trajan that most excellent Emperor being possessed of the same power and having published some private and special Laws or Indults for great merits and understanding that some relying thereon made ill use thereof by drawing them into Example and fearing lest contrary to the Laws and Customs of the Antients they should be drawn by application unto wrong Causes and being brought into Judgment and Courts of Justice or Pleadings as Precedents they should pass for Laws he refused afterwards to answer Plaintiffs or Defendants by any writing or Libel of Record lest thereby pernicious examples and as it were Seminaries of ill might spring from thence Antiochus had so great veneration for the Laws that by his publick Edicts he did declare that if he had at any time decreed contrary to Law and Right it should not be obeyed but should be freely opposed by whose example Agesilaus would be obliged by no Promises that he should make but on condition that they were just At what time the Common People did choose their Magistrates whom they always accounted as sacred in the sacred Mount it was provided by a Law that it should not be lawful for any Patrician to apprehend or disturb any of them and not without cause for when against the Power and Insolencies of the Patricians the common People did assemble to choose Tribunes as Champions and Defenders of their Laws and Liberties to hear complaints against the Patricians it would be very unjust that in that in which the People did choose their Defenders to the height and pitch of Honour they should admit those who were most adverse and shagreen to their Liberties and Franchises They esteemed their Tribunes as the Ephori among the Lacedaemonians advanced and delegated to that office to curb the Insolencies of the Spartan Kings lest they should abuse their power to the prejudice of the People Theopompus a Spartan King instated Five of his Friends to be Ephori as his Auxiliary Ministers in his Government at home when he went abroad in Person with his Armies though it was provided by the Laws of Sparta that their Kings should not go out in Person with their Armies which Ephori in process of time came to have so great a power over their Kings that they directed them what they were to do and also were Censors of all they did insomuch that they called Archidamus to account imprisoned him laid a great mulct upon him and at last took his life away The like they did to Pausanias and Agis Lacedaemonian Kings and were so terrible that they erected Timoris Sacellum a Chappel of Terror which Ephori together with their Kings did take Oaths every Month that they would observe the Laws of Lycurgus and preserve the Kingdom in peace In tract of time they grew so insolent that Cleomenes broke their Empire and restored the Kingly Power It was not lawful for any Patrician to accept of being a Plebeian Magistrate and Volero Tribune of the People ordained by a Law proclaimed with the consent of the Plebeians that the Plebeian Magistrate should be made without the Patricians and only the Plebeians admitted to the Tribunitian Councils And though formerly to be Dictator Consul Praetor or Censor none but Patricians were to be admitted yet afterwards the Patrician Magistrates were to share and communicate with the Plebeians So Sextius Primus of a Plebeian was made a Consul which then was ratified Lege Licinia which C. Licinius and L. Sextius Tribunes of the People proclaimed that the Consulship should be common with the Plebeians Q. also P. Philo and Cl. Licinius Stolo Plebeians the one did bear the office of Pretorship the other the Master of the Horse with the Patricians Moreover the Dictatorship in which was placed the greatest glory and Censorship we find to be in common with the Plebeians For both M. Rutilius the first Dictator and Censor then Q. Pompeius and Q. Metellus