Interregnum

“ This royal court or Parliament was, however, not a Legislature in our modern sense of that word. It was rather a convention, in which, by a voluntary compact between the king as supreme suzerain and the greater seigneurs as his feudatories, an ordonnance or an impost was established, either throughout the entire kingdom, or in some seigneuries apart from the rest. From any such compact any seigneur might dissent on behalf of himself and his immediate vassals or, by simply absenting himself, might render the extension of it to his own fief impossible. ... ”

“ The king, in order as much as possible to stem this torrent of iniquity, established a peculiar court of justice, to which he gave exclusively the commission to search into, and punish these crimes. This was the institution named the Chambre Ardente, which held its sittings under the Bastile, and of which la Regnie was the president. For a considerable time, this man's endeavors, zealously as they were carried on, proved in vain; it was reserved for the cunning Desgrais to trace out the guilty, even in the most obscure hiding places. ”

“ The Regent, at first inclined to be neutral, soon leaned to the noblesse. The Parliament thwarted him, and showed symptoms of an intention to support his rival the Duke of Maine, the illegitimate son of Louis XIV. The difference between the Regent and the magistracy was widened into a breach by the scheme of Law, and by the advancement of that foreigner to influence in political and financial affairs, which had hitherto been chiefly in the hands of the magistracy. The legists looked upon Law as an intruder, and regarded his acts as audacious innovations. ”

“ But it often happens, that Pleas moved in the King’s Court are determined by an amicable composition and final Concord, but with the consent and License of the King or his Justices, whatever the Plea may concern, whether Land, or any other thing. Such a Concord is, with the general consent of the persons interested, usually reduced into a writing, common to all the parties, [298] which is recited before the King’s Justices of the Common Pleas, [299] in whose presence each person’s part of the writing, agreeing in all things with the other’s, is delivered to the party. ”

“ It is likewise promised in this Article, that such shall be brought to trial as shall divide the King from his people, or one of the kingdoms from another, which clause hath been broken, by using endeavours to have King and people and the kingdoms all conjoined in a union and conjunction contrary to, and eversive of this Solemn League and Covenant; and these that go under the character of ministers, from whom it might in all reason be expected that they should interpose for having malignants duly punished, are so far from doing so, that they make it their endeavour to please them ”

“ Provided always that the lords on their part and the Commons on theirs, make no report to our said lord the King of any grant granted by the Commons and assented to by the lords, nor of the communications concerning the said grant, before the said lords and Commons shall be of one assent and of one accord in this matter, and then in the manner and form that is customary, that is to say by the mouth of the Speaker of the said Commons for the time being, so that the said lords and Commons should have the agreement of our said lord the King. ”

“ Pope Gelasius [2] a most brave assailer of heretics, says: "I ask for the tribunal to which they lay claim. Where can they carry their cases? Before those who are enemies and at the same time witnesses and judges? But to such a tribunal no human business should be committed. And if to a tribunal, where enemies are the judges, no human business should be carried, how much less ought cases of divine import, that is, ecclesiastical cases be carried! He that is wise, let him understand. ”

“ They were originally nothing but the official counsel of the plebs—but counsel who possessed a veto on the execution of any command or any sentence of the patrician authorities. The tribune of the people had no military force at his disposal with which to inforce his veto. ... There is no more striking proof of the high respect for law which was inherent in the Roman people, than that it was possible for such a magistracy to exercise functions specially directed against the governing class. ”

“ And let those especially be observed and avoided, who do, or shall endeavour a division and breach between the Kingdoms, or the making of any factions or parties contrary to the Covenant, under pretence of preserving the King and his Authority, whilst they do not constantly and sincerely prosecute and press our frequent desires of his subscribing the League and Covenant, and giving satisfaction in all things to the just desires of both Kingdoms ”

“ Is it right and proper for the Roman people to enact a law, if it wishes to do so, or are you going, whenever a measure is proposed, to order a levy by way of punishment? Am I to call the tribes up to vote, and as soon as I have begun, are you, the consuls, going to compel those who are liable for service to take the military oath, and then march them off to camp, threatening alike the plebs and the tribunes? ”

“ But some kinds of law have already been established by certain custom, such as those relating to covenants, equity, formal decisions. A covenant is that which is agreed upon between two parties, because it is considered to be so just that it is said to be enforced by justice, equity is that which is equal to all men, a formal decision is that by which something has been established by the declared opinion of some person or persons authorized to pronounce one. ”

“ And I will arm my right hand against any who oppose thy power, be he who lifts his hands against thee of the Christian race or a stranger to our court, one of those whom we call 'pagans.' So that a clause which was contained m the aforementioned pact and pleased both parties, your Majesties and myself, that clause alone of all the others which have been annulled, I wish to transfer here and I insist and cling fast to it, namely that I shall be the slave and liegeman of both your Majesties, thus renewing as it were what had been abolished. ”

“ Botfield, are cases in point, and show that-if there are covenants which are joint and several in the same instrument, and there is any one act or thing to be done for the redress of which they may all join, and there are covenants where they may sue severally, then the action for a breach of that covenant in which all may join, must be a joint action, and the action for the breach of any covenant when all cannot join, must be a separate action. ”

“ This was soon followed by the vote of the presbyterian party, that the answers of the king to the propositions of both houses are a ground for the house to proceed upon for the settlement of the peace of the kingdom, [379] by the violent expulsion, or as it was called, seclusion of all the presbyterian members from the house, and the ordinance of a wretched minority, commonly called the Rump, constituting the high court of justice for the trial of the king. ”

“ By drawing a comparison from this, how like was the internal sedition of the body to the resentment of the people against the senators, he succeeded in persuading the minds of the multitude.
Then the question of reconciliation began to be discussed, and a compromise was effected on certain conditions: that the commons should have magistrates of their own, whose persons should be inviolable, who should have the power of rendering assistance against the consuls, and that no patrician should be permitted to hold that office. ”

“ Ultimately the Covenant itself was altogether renounced by the Independents. ↑ And to recant is but to cant again, says Sir Roger L'Estrange. ↑ In the Solemn League and Covenant (called a league, because it was to be a bond of amity and confederation between the kingdoms of England and Scotland; and the covenant, because it was in form a covenant with God) they swore to defend the person and authority of the king, and cause the world to behold their fidelity ”

“ Slowly, but most distinctly, the mental engagement isolates itself amid the technicalities, and gradually becomes the sole ingredient on which the interest of the jurisconsult is concentrated. Such a mental engagement, signified through external acts, the Romans called a Pact or Convention; and when the Convention has once been conceived as the nucleus of a Contract, it soon becomes the tendency of advancing jurisprudence to break away the external shell of form and ceremony. ”

“ But the assignees of both parties were placed on the same footing by a statute of Henry VIII. (1540) . A covenant “runs with the land” if it relates either to a thing in esse, which is part and parcel of the demise, e.g. the payment of rent, the repair of houses or fixtures or machinery already built or set up, or to a thing not in esse at the time of the demise, but touching the land, provided that the word “assigns” is used in the covenant. ”

“ The Court, being moved more by the disposition of the people than by the remonstrances of the Parliament, complied immediately, and ordered the King’s Council to acquaint the Parliament that the King would permit the act of union to be executed, and that they might assemble and act in concert with the other bodies for the good of the State. ”

“ And the King's Majesty with advice and consent foresaid, doth Declare, That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do, or may relate thereto, are not obligatory, nor do infer any obligation upon this Kingdom, or the Subjects thereof, to meddle or interpose by Armes, or any seditious way, in any thing concerning the Religion and Government of the Churches of England and Ireland, or in what may concern the Administration of His Majesties Government there. ”

“ In cases where neither the arbitral procedure nor the judicial settlement provided for in Article 13 of the Covenant is applied, the Council meets and discusses the dispute, attempts to effect conciliation, mediation, etc.
3. If it be unsuccessful and war breaks out, the Council, if unanimous, has to express an opinion as to which party is guilty. The Members of the League then decide for themselves whether this opinion is justified and whether their obligations to apply economic sanctions become operative. ”

“ But if a promise is made directly to one, on whom a thing is to be conferred, a distinction must be made, whether the person receiving such a promise has SPECIAL commission for acceptance, or one so GENERAL as to include acceptance, or has it not. When a commission has been previously given, no farther distinction is necessary, whether the person be free or not, a condition which the Roman laws require. But it is plain that from such an acceptance, let the condition of the person be what it will, the promise is complete: because consent may be given and signified through the medium of another. ”

“ The Members of the League agree that if there should arise between them any dispute likely to lead to a rupture, they will submit the matter either to arbitration or judicial settlement or to inquiry by the Council. ”

“ A nation which accepted arbitration had a right to security. "Justice without might is impotent. Might without justice is tyranny." In conclusion: "We stand by the Covenant, but we wish to make it a living Covenant. We simply claim for each nation the rights conferred upon it by the Covenant, no more and no less." ”

“ We look to the original of things. Our union with the English counties was either compelled by force, or settled by compact.
"That which was made by violence, may by violence be broken. If we were treated as a conquered people, our rights might be obscured, but could never be extinguished. The sword can give nothing but power, which a sharper sword can take away.
"If our union was by compact, whom could the compact bind, but those that concurred in the stipulations? We gave our ancestors no commission to settle the terms of future existence. ”

“ No measure or movement could be adopted without the concurring consent of both the patricians and plebeians, and each thus became dependent on the other, and, of consequence, the desire and objects of neither could be effected without the concurrence of the other. ”

“ If any instrument ought to receive an equitable and liberal interpretation, affected by the events which preceded, it is that of a great treaty of confederation between various states, who were compressed into union by obvious motives and considerations, of common wrongs sustained, mutual errors committed, and equal advantages to be gained. ”

“ Another devoted partisan of the consul, the prætor Q. Fufius Calenus, [1170] proposed a law which in judicial deliberations laid the responsibility upon each of the three orders of which the tribunal was composed: the senators, the knights, and the tribunes of the treasury. Instead of pronouncing a collective judgment, they were called upon to express their opinion separately. ”

“ If proved guilty of the aforesaid offenses they shall be punished and chastised to the limit as evil-doers and violators of the faith and peace, and of everything else set forth in this contract in regard to the crossing of said line by any subjects of the said Emperor and King of Castile, or any others by his command, consent, favor, or aid. ”

“ They went through the list of men who had most participated in the misgovernment, in the Privy Council, on the episcopal and judicial benches, finding many who might be held criminally responsible, and ending with the special confidential advisers of the King, the junta by which affairs had been managed hitherto, and against which both kingdoms had common grounds of complaint. ”