Hispanicae Advocationis Libri Dvo Volume 9, V. 2 by Alberico GentiliHispanicae Advocationis Libri Dvo Volume 9, V. 2 by Alberico Gentili

Hispanicae Advocationis Libri Dvo Volume 9, V. 2

byAlberico Gentili

Paperback | October 12, 2012

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... CHAPTER XVI Of the Edict of the King, Binding Those Unaware of It In times long past the question arose as to whether booty captured by a general of the enemy after the sovereigns had signed a treaty of peace really became the property of the captors, provided that the generals did not know of the treaty. This same question arose and was again discussed shortly before this present generation, and now it is before us. 1 Now, my contention was that the booty could not have been captured, or rather have become the enemy's who captured it. And as it appears to us now, that question is quite idle for the following reason: Clear and unmistakable stands the edict of the King, by which any hostile action against the Spaniard is forbidden after April 24, and after that day this capture of booty took place which 69 has now come up for judgment. And although the opposing side might urge a very probable ignorance of the edict, since they were far away from here on the high seas, still, even without the edict and in spite of their utter ignorance of it, the same principle of law seems from our discussion mentioned above to hold good, and therefore the same necessity of restoring the booty exists. b For, though the saying is current that the law is binding after two months have elapsed, and that in consequence positive law may with impunity (as it is aptly put in the Burchardica of Damasus) be ignored for two months; c nevertheless the judge may decide at his discretion when the law becomes binding. d Now, the sovereign certainly had the power to bind those unaware of the law, although no moral blame or penalty would be attached to them. e Then, too, it was his intention to bind those unaware of the law, since he indicated a day after which men should...
Title:Hispanicae Advocationis Libri Dvo Volume 9, V. 2Format:PaperbackDimensions:112 pages, 9.69 × 7.44 × 0.23 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217222129

ISBN - 13:9780217222129