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. 1916 edition. Excerpt: ... and that these subjects (I except, throughout, special agreements to the contrary) may be transferred to others even against their will? Now, it being clear that by the Law of Nations a man can agree to transfer his property to others, those who would withstand the application of that rule here will ...
Read More
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. 1916 edition. Excerpt: ... and that these subjects (I except, throughout, special agreements to the contrary) may be transferred to others even against their will? Now, it being clear that by the Law of Nations a man can agree to transfer his property to others, those who would withstand the application of that rule here will have to rescind the acts of Kings and free peoples which have been done in the interests of peace or to meet other emergencies--a proposition which, as I said before, is scarcely expedient for rulers. In a word, a jointly-ruling part can not be severed from the rest of the 33 civic body, not even on a plea of necessity, because equal has no power of alienation over equal; but there may be a severance as an act of all the parts together, should public safety require it--although this is said merely in view of the Law of Nations, and it would be better and more honorable to imitate in adversity the examples of constancy set by men of old, such as is commended in Tacitus, History, bk. 4. If, however, we are speaking of genuine subjects, it follows from their 34 condition as such that their consent is not necessary in a separation or alienation, as Alexander Raudensis (Resp. pis., vol. 2, resp. 4, n. 20) writes, following the recorded Decisiones Tarracon., 882, especially when their condition is not made worse thereby, and this applies, I imagine and experience confirms, even apart from a case of necessity, as Cravetta (cons. 411, n. 20) advised concerning the alienation of Castra Scandiani Vinazani (?) and Casalgrandis (?) by the Duke of Ferrara, and as Alexander, of Imola (Cons., vol. 5, cons. 1, nn. 17, 18) advised about the subinfeudation of the district of St. Thomas by the same Duke to the Marquises de Gonzaga, and as Alciatus (cons. 77)...
Read Less
