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Instead, judges (mostly clerics, the only people educated enough to preside over a royal court), were directed to be fair and reasonable, to use good sense in arriving at their judgments. And thus, tho' Force were perhaps the Occasion of this Consent, yet in Truth 'tis Consent only that is the true proximate and fix'd Foundation of the Victor's Right; which now no longer rests barely upon external Force, but upon the express Consent and Pact of the subdu'd People, and consequently this Pact or Convention is that which is to be the immediate Foundation of that Dominion; and upon a diligent Observation of Most Acquests gotten by Conquest, or so called, we shall find this to be the Conclusion of almost all Victories, they end in Deditions and Capitulations, and Faith given to the Conqueror, whereby oftentimes the former Laws, Privileges, and Possessions are confirmed to the Subdued, without which the Victors seldom continue long or quiet in their New Acquests, without extream Expence, Force, Severity and Hazard.
Pages: 88
Publisher: Gale, U.S. Supreme Court Records (October 26, 2011)
ISBN: 1270175610
Law and War
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