Omnibus

“ Of all the public conveyances that have been constructed since the days of the Ark—we think that is the earliest on record—to the present time, commend us to an omnibus. A long stage is not to be despised, but there you have only six insides, and the chances are, that the same people go all the way with you—there is no change, no variety. ”

“ Consequently, he soon rises superior to all law, for law binds only those who have claims of their own. Rightly is it said, "Qui cedit omnibus bonis, omnibus satisfecit," "He who surrenders all his property, satisfies all men." How can one be under obligation when he does not, and cannot, possess anything? ”

“ It's an omnibus, sure as fate. What do you suppose they are doing with an omnibus? Maybe they are going around collecting the life-crew, hey?"
"That's it, likely. Look! There's a fellow waving a little black flag. He's standing on the steps of the omnibus. There come those other two fellows. Now they're all talking together. Look at the fellow with the flag. ”

“ As time passed, the behaviour of the conductors grew worse. This was due chiefly to the indifference of the omnibus proprietors. If their conductors paid in a certain amount daily, they were quite satisfied with them, and by no means thankful to passengers who complained of their misbehaviour. The omnibus proprietor of this period was a much lower class of man than George Shillibeer. In most cases he himself had been a driver or conductor, and, on becoming an employer, his chief anxiety was to prevent his men growing rich at his expense. ”

“ From the delectable vision rises a subtile haze, which veils the day just a little from its own loveliness, and lies upon the sighing and expectant city like the substance of a dream made visible. It has the magic to transmute you to this substance yourself, so that while you dawdle afoot, or whisk by in your hansom, or rumble earthquakingly aloft on your omnibus-top, you are aware of being a part, very dim, very subtile, of the passer's blissful consciousness. ”

“ Wordless voices, breaking the silence suddenly with such depth of contentment, such passion of desire, or, in the voices of children, such freshness of surprise; breaking the silence? But there was no silence; all the time the motor omnibuses were turning their wheels and changing their gear; like a vast nest of Chinese boxes all of wrought steel turning ceaselessly one within another the city murmured; on the top of which the voices cried aloud and the petals of myriads of flowers flashed their colours into the air. ”

“ Now the argumentation which is divided into five divisions is of this sort:—It is desirable, O judges, to refer all laws to the advantage of the republic, and to interpret them with reference to the general advantage, and according to the strict wording according to which they are drawn up. For our ancestors were men of such virtue and such wisdom, that when they were drawing up laws, they proposed to themselves no other object than the safety and advantage of the republic ”

“ If London, then, is not habitually grandiose, or monumental, or beautiful, what is it? I should say, with much fear of contradiction and scornful laughter, that it was pretty, that it was endearingly nooky, cornery, curvy, with the enchantment of trees and flowers everywhere mixed with its civic turmoil, and the song of birds heard through the staccato of cabs, and the muffled bellow of omnibuses. You may not like London, but you cannot help loving it. ”

“ Look at the great centuries of the Roman Empire! You had two hundred millions of human beings governed by a jurisprudence so philosophical that we have been obliged to adopt its laws, and living in perpetual peace. ”

“ The mind, and spirit, and wisdom, and intentions of the city are all situated in the laws. As our bodies cannot, if deprived of the mind, so the state, if deprived of law, cannot use its separate parts, which are to it as its sinews, its blood, and its limbs. The ministers of the law are the magistrates; the interpreters of the law are the judges; lastly, we are all servants of the laws, for the very purpose of being able to be freemen. What is the reason, O Naso, why you sit in that place? 147What is the power by which those judges, invested with such dignity, are separated from you? ”

“ But you have those maxims constantly in your mouth which the Peripatetics and Stoics profess. In the courts of justice and in the senate you speak of duty, equity, dignity, good faith, uprightness, honourable actions, conduct worthy of power, worthy of the Roman people; you talk of encountering every imaginable danger in the cause of the republic—of dying for one's country. ”

“ If, as is often our custom, we chance to listen to a suit, what authority must there be in his tongue who has to speak the King's words in the King's own presence? He must have knowledge of the law, wariness in speech, firmness of purpose, that neither gifts nor threats may cause him to swerve from justice. ”

“ As, for example, that if any man shall bring into England or into any of the dominions thereunto belonging, from the Pope of Rome or from any man that hath authority from him, any Bull, writing, instrument, or authority to absolve or reconcile any person, or to promise any such absolution or reconciliation by speech, preaching, teaching, writing, or any other open deed, that then all and every such act or acts, offence or offences, shall be deemed and adjudged by the authority of this Act to be high treason. ”

“ Under the Empire, despite the reasoning of many philosophers and lawyers that the Emperor derived from the people his power to make laws and declare the law in any given case, he assumed and was assumed to have derived the power and inspiration solely from the gods. ”

“ For there is no power but of God; the powers that be are ordained of God,” and elsewhere: “Submit yourselves to every ordinance of man for the Lord’s sake; whether it be to the king, as supreme; or unto governors, as unto them that are sent by him for the punishment of evil doers, and for the praise of them that do well,” I. Peter, ii. 13-14. This second explanation of the source of authority in the state, which the phrases used by the Roman jurists occasionally suggest, was accepted by the early Church and transmitted by it through the Middle Ages to modern times. ”

“ Sometimes, no doubt, it happens that certain persons break one or other of these laws; but nevertheless the state as a whole ought to be well governed and you ought to obey the laws and not transgress those that from the beginning were wisely established. ”

“ This is the commission of a king—to be the representative on earth of the Father who is in heaven. Here is exercise for courage, for enterprise, for fortitude, for every virtue which elevates the character of a man, this is the godlike jurisdiction of a sovereign. ”

“ For all the other titles and functions that still retain some feeble and shadowy resemblance to the ancient constitution they either altogether despised and rejected, because of their absolute power, or they attached them to themselves and enjoy the titles for life. ”

“ The conception of the brotherhood of man goes back to the early Empire, and out of this conception international law, and its counterpart, civil law, have developed. Roman writers recognized the three forms of government, monarchy, aristocracy, and democracy, and pointed out the importance of dividing the [Pg 167] functions of government between the legislative, executive and judicial branches. From them we have derived our accepted doctrine of popular sovereignty, and to them the theory of the divine right of kings may be traced. ”

“ No other city, O judges, praises him by public resolution. 14The power of supreme authority has had so much influence with a very few men, not in the cities, that either some most insignificant people of the most miserable and deserted towns were found who would go to Rome without the command of their people or their senate, or on the other hand, those who had been voted as ambassadors against him, and who had received the public evidence to deliver, and the public commission, were detained by force or by fear. ”

“ Over the State God placed the magistrate, who might here be a monarch, an Emperor or King, and there a Syndic or Council, created by the people for the people; but whatever he might be, he was yet a power ordained of God for the good of man and the regulation of society. ”

“ We do not admit any binding authority in the decisions and adjudications of the court of king’s bench or common pleas, or the court of chancery, over America; but we quote them as the opinions of learned men. ”

“ When king, lords and commons are, in theory and practice, absolutely omnipotent, I can't comprehend how there can be any other constitution. When they enact a law, nobody can question it, nobody can be heard against it ”

“ King, Constitution, and Church, for ever! which being interpreted, means first, King, or Crown influence, judgeships, and garters;—secondly, Constitution, or fees to the lawyer—places to the statesman—laws for the rich, and Game Laws for the poor;—thirdly, Church, or livings for our younger sons, and starvings for their curates!"
"Ha, ha!" said Brandon, laughing sardonically; "we know human nature!" ”

“ But to set up that tribunal on earth—that shadow and representation of the great White Throne hereafter to be established in the skies—in order to judge righteous judgment, to redress wrongs, to neutralise the sway of might over right—let it fail ever so completely, is at least a great conception, the noblest plan at which human hands can work. ”

“ This last deliverance is memorable on several grounds—memorable as showing the need, from the point of view of one more judge, for a repeal of the brutal laws of the past against heresy; and further memorable as showing once more how ready are judges to rest alternately on mutually exclusive principles of interpretation. ”

“ Glossators and commentators had made or shaped the law out of Roman materials for a static, locally self-sufficient, other-worldly society, revering authority because authority had saved it from what it feared, regarding chiefly the security of social institutions and negligent of the individual life because in its polity the individual lived his highest life in the life of another whose greatness was the greatness of those who served him. ”

“ The true jurists, the true legislators, will learn from comparative jurisprudence the lex legum of which I have spoken; will know the veneration due to those institutions and laws which are the surest exponents of national genius, while they obey implicitly the spirit of progress. ”

“ XXXIV. * * * of it, [24] it may with as much propriety be said that it is a republic and a commonwealth, as it may be said of a kingdom. “And much more,” said Mummius, “for a king being one, is more like a master; but where many good men are at the head of affairs in a republic, nothing can be more happily constituted. But I certainly prefer a kingdom 137to the sway of a democracy; which third and most vicious kind of government remains for you to explain.” ”

“ Who does not see that there is no empire, kingdom, dukedom, republic, state, or household, that is not established by laws, which constitute the order and so the form of its. government? In each of them the laws of justice are in the highest place, political laws in the second, and economical laws in the third. ”

“ From this happy combination of causes resulted the most comprehensive body of law and the noblest jurisprudence ever evolved by a people. The great jurisconsults of the Empire, working upon the prior labours of long lines of older praetors and jurists, perfected a body of law of well-nigh universal applicability, and throughout logically consistent with general principles of law and equity, recognized as fundamental. These were in part suggested by Greek philosophy, especially by Stoicism as adapted to the Roman temperament. ”

“ The civil law is founded principally on the ancient regal constitutions of Rome, on the laws of the twelve tables, the statutes of the senate and republic, the edicts of the prætors, the opinions of learned lawyers, and on imperial decrees. ”

“ But in an assembly of the Roman people, a man holding a public office, a master of the horse, to whom it would have been disgraceful even to belch, vomiting filled his own bosom and the whole tribunal with fragments of what he had been eating reeking with wine. ”

“ No learned man, even among your own tribe, thinks you qualified to preside in a court of common law: yet it is confessed that, under Justinian, you might have made an incomparable Prætor.—It is remarkable enough, but I hope not ominous, that the laws you understand best, and the judges you affect to admire most, flourished in the decline of a great empire, and are supposed to have contributed to its fall. ”

“ The matter will be so managed by me that not only the ears but even the eyes of the Roman people shall seem to be present at all their counsels. 49You have in your power to remove and to eradicate the disgrace and infamy which has now for many years attached to your order. It is evident to all men, that since these tribunals have been established which we now have, there has never been a bench of judges of the same splendour and dignity as this. ”

“ Thus, in some cases we can prevent or suspend our assent : but can a man versed in modern or ancient history doubt whether there is such a place as Rome, or whether there was such a man as Julius Caesar ? ”

“ The second authority is the power of National Law, enforcing justice in conduct by due reward and punishment. Power vested necessarily in magistrates capable of administering it with mercy and equity; whose authority, be it of many or few, is again divine, as proceeding from the King of kings, and was acknowledged, throughout civilized Christendom, as the power of the Holy Empire, or Holy Roman Empire, because first throned in Rome ”

“ You will distinguish into regular classes the various and infinite multitude of citizens, and accurately review the military strength, the wealth, the virtue, and the resources of Rome. Your decisions shall obtain the force of laws. The army, the palace, the ministers of justice, and the great officers of the empire are all subject to your tribunal. ”