LE LEY DE DIEU ET LEY DE TERRE SONT TOUT UN; ET LUN ET LAUTRE PREFERRE ET FAVOUR LE COMMON ET PUBLIQUE BIEN DEL TERRE. The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land. Keilw. 191. Page 1034 https://youtube/watch?v=28-bqKS5f84 DIEU SON ACTE In old law. God his act; Gods act. An event beyond human foresight or control. Termes de la Ley.Blacks Law Dictionary 4th Edition Page 542 And I charged your judges at that time, saying Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is Gods; and the cause that is too hard for you, bring it unto me, and I wil hear it— Deuteronomy, I, 16-17. Thou shalt not wrest judgment; thou shat not respect persons, neither take a gift; for a gift doth blind the eyes of the wise, and pervert the words of the righteous.—Deuteronomy, XVI, 19. CANONS OF JUDICIAL ETHICS * With Amendments to January 1, 1968 Blacks Law Dictionary 4th Eidtion Page LXIX ITA TE DEUS ADJUVET. Lat. So help you God. The old form of administering an oath in England, generally in connection with other words, thus: Ita te Deus adjuvet, et sacrosancta Dei Evangelia, So help you God, and Gods holy Evangelists. Ita te Deus adjuvet et omnes sancti, So help you God and all the saints. Willes, 338. Blacks Law Dictionary 4th Eidtion Page 966 OATH The essen-tial idea of an oath would seem to be, however, that of a recognition of Gods authority by the party taking it, and an undertaking to accomplish the transaction to which ft refers as required by his laws. a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or, in other words, to punish his perjury if he shall be guilty of it, 10 Toullier, n. 343; Puffendorff, b. 4, c. 2, § 4. The essential idea of an oath would seem to be, however, that of a recognition of Gods authority by the party taking it, and an undertaking to accomplish the transaction to which ft refers as required by his laws. Blacks Law Dictionary 4th Eidtion Page 1220 There is no wisdom nor understanding nor counsel against the Lord. Psalm 21:30 Common Sense, right and wrong, and God, can not be revised, regulated, or legislated by statute, rule, or code. ~ Justin-Breithaupt December-16-2014 10 The reverent and worshipful fear of the Lord is the beginning (the chief and choice part) of Wisdom, and the knowledge of the Holy One is insight and understanding. Proverbs 9:10 Amplified Bible (AMP) The advances in natural science and technology are so startling and the velocity of change in business and in social life is so great that the law along with the other social sciences, and even human life itself, is in grave danger of being extinguished by new gods of its own invention if it does not awake from its lethargy. Vanderbilt, The Five Functions of the Lawyer: Service to Clients and the Public, 40 A.B.A.J. 31, 31-32 (1954). ACCUSARE NEMO SE DEBET, NISI CORAM DEO. No one is bound to accuse himself, except before God. See Hardres, 139. Blacks Law 4th Edition Page 38 Actus Del nemini est damnosus. The act of God is hurtful to no one. 2 Inst. 287. That is, a per- son cannot be prejudiced or held responsible for an accident occurring without his fault and at- tributable to the act of God. See Act of God. ALER A DIEU. L. Fr. In old practice. To be dismissed from court; to go quit. Literally, to go to God. Page 94 ASSEVERATION. An affirmation; a positive as- sertion; a solemn declaration. This word is sel-dom, if ever, used for a declaration made under oath, but denotes a declaration accompanied with solemnity or an appeal to conscience, whereas by an oath one appeals to God as a witness of the truth of what one says. Page 152 BY GOD AND MY COUNTRY. In old English criminal practice. The established formula of reply by a prisoner, when arraigned at the bar, to the question, Culprit, how wilt thou be tried? Page 252 CHARITY Whatever is given for love of God or love of your neighbor, free from every consid- eration that Is personal, private, or selfish. Vidal v. Gir- ard, 2 How. 128, 11 L.Ed. 205, appr. Price v. Maxwell, 28 Pa. 35. Page 297 CI. Fr. So; here. Ci Dieiu Vous cycle, so help you God. Ci devant, heretofore. Ci bien, as well. Page 307 CONSCIENTIA DICITUR A CON ET SCIO, QUASI SCIRE CUM DEO. 1 Coke, 100. Con- science is called from con and scio, to know, as it were, with God. Page 376 DECALOGUE. The ten commandments which, according to Exodus XX, 1-18, were given by God to Moses. The Jews called them the Ten Words, hence the name. Page 493 DEI GRATIA. Lat. By the grace of God. A phrase used in the formal title of a king or queen, importing a claim of sovereignty by the favor or commission of God. In ancient times it was in- corporated in the titles of inferior officers, (espe- cially ecclesiastical,) but in later use was reserved as an assertion of the divine right of kings. DEI JUDICIUM. The judgment of God. The old Saxon trial by ordeal, so called because it was thought to be an appeal to God for the justice of a cause, and it was believed that the decision was according to the will and pleasure of Divine Prov- idence. Wharton. Page 512 Deus solus hmredem facere potest, non homo. God alone, and not man, can make an heir. Co. Litt. 7b; Broom, Max. 516; 5 B. & C. 440, 454. Page 537 pIVINE LAWS. Those ascribed to God. Borden v. State, 11 Ark. 527, 44 Am.Dec. 217. Page 565 DOMUS DEL The house of God; a name applied to many hospitals and religious houses. Page 575 ECCLESIA EST DOMUS MANSIONALIS OMNI- POTENTIS DEL 2 Inst. 164. The church is the mansionhouse of the Omnipotent God. Page 602 FAKIR. A term applied among the Mohamme- dans to a kind of religious ascetic or beggar, whose claim is that he is in need of mercy, and poor in the sight of God, rather than in need of worldly assistance. Hughes, Dict. of Islam. Page 720 FAS. Lat. Right; justice; the divine law. 3 BL Comm. 2; Calvin. In primitive times it was the will of the gods, embodied in rules regulating not only ceremonials but the conduct of all men, Taylor, Science of Jurispr. 65. Page 736 HLEREDEM DEUS FACIT, NON HOMO. God makes the heir, not man. Co. Litt. 7b; Bract. 62b. Page 840 ILERES. In Common Law. An heir; he to whom lands, tenements, or hereditaments by the act of God and right of blood to descend, of some estate of inheritance. Co. Litt. 7b. HAKH. Truth; the true God; a just or legal prescriptive right or claim; a perquisite claimable under established usage by village officers. Wil- son, Gloss. Ind. Page 843 IN NOMINE DEI, AMEN. In the name of God, Amen. A solemn introduction, anciently used in wills and many other instruments. The transla- tion is often used in wills at the present day. Page 897 IN PACE DEI ET REGIS. In the peace of God and the king. Fleta, lib. 1, c. 31, § 6. Formal words in old appeals of murder. Page 898 INFIDEL. One who does not believe in the exis- tence of a God who will reward or punish in this world or that which is to come. Hale v. Everett, 53 N.H. 54, 16 Am.Rep. 82. One who professes no religion that can bind his conscience to speak the truth. 1 Greenl. Ev. § 368. One who does not recognize the inspiration or obligation of the Holy Scriptures, or generally recognized features of the Christian religion. Gibson v. Ins. Co., 37 N.Y. 580. Page 918 ITA TE DEUS ADJUVET. Lat. So help you God. The old form of administering an oath in England, generally in connection with other words, thus: Ita te Deus adjuvet, et sacrosancta Dei Evangelia, So help you God, and Gods holy Evangelists. Ita te Deus adjuvet et omnes sancti, So help you God and all the saints. Willes, 338. Page 966 JUDICI SATIS PENA EST, QUOD DEUM HAB- ET ULTOREM. It is punishment enough for a judge that he has God as his avenger. 1 Leon. 295. Page 983 JUDICIUM DEL In old English and European law. The judgment of God; otherwise called di- vinum judicium, the divine judgment. Page 987 JURARE EST DEUM IN TESTEM VOCARE, ET EST ACTUS DIVINI CULTUS. 3 Inst. 165. To swear is to call God to witness, and is an act of religion. Page 989 LE LEY DE DIEU ET LEY DE TERRE SONT TOUT UN; ET LUN ET LAUTRE PREFERRE ET FAVOUR LE COMMON ET PUBLIQUE BIEN DEL TERRE. The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land. Keilw. 191. Page 1034 NEMO MILITANS DEO IMPLICETUR SECU- LARIBUS NEGOTIIS. No man who is warring for [in the service of] God should be involved in secular matters. Co. Litt. 70b. A principle of the old law that men of religion were not bound to go in person with the king to war. Page 1190 ORDEAL. The most ancient species of trial, in Saxon and old English law, being peculiarly dis- tinguished by the appellation of judicium Dei, or judgment of God, it being supposed that super- natural intervention would rescue an innocent per- son from the danger of physical harm to which he was exposed in this species of trial. The ordeal was of two sorts,—either fire ordeal or water or- deal; the former being confined to persons of higher rank, the latter to the common people. 4 Bl.Comm. 342. Page 1246 PROFANE. Irreverent toward God or holy things; written or spoken; acting or acted, in manifest or implied contempt of sacred things. Town of Torrington v. Taylor, 59 Wyo. 109, 137 P.2d 621, 624; Duncan v. U. S., C.C.A.Or., 48 F.2d 128, 133. That which has not been consecrated. Dig. 11, 7, 2, 4. PROFANITY. Irreverence towards sacred things; particularly, an irreverent or blasphernous use of the name of God; punishable by statute in some jurisdictions. Orf v. State, 147 Miss. 160, 113 So. 202. Cason v. Baskin, 155 Fla. 198, 20 So.2d 243, 247, 168 A.L.R. 430. Page 1375 RELIGION Bond uniting man to God, and a virtue whose purpose is to render God worship due him as source of all being and principle of all government of things. Nikulnikoff v. Archbishop, etc., of Russian Orthodox Greek Catholic Church, 255 N.Y.S. 653, 663, 142 Misc. 894. RELIGIOUS FREEDOM. Within constitution embraces not only the right to worship God ac- cording to the dictates of ones conscience, but also the right to do, or forbear to do, any act, for conscience sake, the doing or forbearing of which is not inimical to the peace, good order, and morals of society. Barnette v. West Virginia State Board of Education, D.C.W.Va., 47 F.Supp. 251, 253, 254; Jones v. City of Moultrie, 196 Ga. 526, 27 S.E.2d 39. Page 1455 SICUT ME DEUS ADJUVET. Lat. So help me God. Fleta, 1. 1, c. 18, § 4. Page 1551 SO HELP YOU GOD. The formula at the end of a common oath. Page 1561 SOLUS DEUS FACIT HZEREDEM, NON HOMO. Co. Litt. 5. God alone makes the heir, not man. Page 1565 THEOCRACY. Government of a state by the im- mediate direction of God, (or by the assumed di- rection of a supposititious divinity,) or the state thus governed. Page 1648 VERITAS, A QUOCUNQU g DICITUR, A DEO EST. 4 Inst. 153. Truth, by whomsoever pro- nounced, is from God. Page 1733 VIR MILITANS DEO NON IMPLICETUR SEC- ULARIBUS NEGOTIIS. Co. Litt. 70. A man fighting for God must not be involved in secular business. Page 1742 VIS DIVINA. In the civil law. Divine or super- human force; the act of God. Page 1743 Public Worship This term may mean the worship of God, con- ducted and observed under public authority; or it may mean worship in an open or public place, without privacy or concealment; or it may mean the performance of religious exercises, under a provision for an equal right in the whole public to participate in its benefits; or it may be used in contradistinction to worship in the family or the closet. In this country, what is called public worship is commonly conducted by voluntary so- cieties, constituted according to their own notions of ecclesiastical authority and ritual propriety, opening their places of worship, and admitting to their religious services such persons, and upon such terms, and subject to such regulations, as they may choose to designate and establish. A church absolutely belonging to the public, and in which all persons without restriction have equal rights, such as the public enjoy in highways or public landings, is certainly a very rare institu- tion. Attorney General v. Merrimack Mfg. Co., 14 Gray (Mass.) 586. Page 1782 “ACEPHALI. The levelers in the reign of Hen. who acknowledged no head or superior. Leges H. 1; Cowell. Also certain ancient heretics, who ap- peared about the beginning of the sixth century, and asserted that there was but one substance in Christ, and one nature. Wharton; Gibbon, Rom. Emp. ch. 47.” Page 39 “ADVENT. A period of time recognized by the English common and ecclesiastical law, beginning on the Sunday that falls either upon St. Andrews day, being the 30th of November, or the next to it, and continuing to Christmas day. Wharton.” Page 72 “JERA, or ERA. A fixed point of chronological time, whence any number of years is counted; thus, the Christian era began at the birth of Christ, and the Mohammedan era at the flight of Mohammed from Mecca to Medina. The deri- vation of the word has been much contested. Wharton.” Page 77 “ANNO DOMINI. In the year of the Lord. Com- monly abbreviated A. D. The computation of time, according to the Christian era, dates from the birth of Christ.” Page 115 “APOSTACY (also spelled Apostasy). In English law. The total renunciation of Christianity, by em- bracing either a false religion or no religion at all. This offense can take place only in such as have once professed the Christian religion. 4 Bl.Comm. 43; 4 Steph.Comm. 231. APOSTATA. In civil and old English law. An apostate; a deserter from the faith; one who has renounced the Christian faith. Cod. 1, 7; Reg.Orig. 71b.” Page 122 “B. C. An abbreviation for before Christ, bail. court, bankruptcy cases, and British Colum- bia.” Page 175 “ BLASPHEMY. In English Law Blasphemy is the offense of speaking matter relating to God, Jesus Christ, the Bible, or the Book of Common Prayer, intended to wound the feelings of mankind or to excite contempt and hatred against the church by law established, or to promote immorality. Sweet. In American Law Any oral or written reproach maliciously cast upon God, His name, attributes, or religion. Com. v. Kneeland, 20 Pick. (Mass.) 213; Young v. State, 10 Lea (Tenn.) 165; People v. Ruggles, 8 Johns. ( N.Y.) 290, 5 Am.Dec. 335; Updegraph v. Corn., 11 Serg. & R. (Pa.) 406. In general, blasphemy may be described as consisting in speaking evil of the Deity with an impious purpose to derogate from the divine majesty, and to alienate the minds of others from the love and reverence of God. It is purposely using words concerning God calculated and designed to impair and destroy the reverence, respect, and confidence due to Him as the intelligent creator, gov- ernor, and judge of the world. It embraces the idea of detraction, when used towards the Supreme Being, as calumny usually carries the same idea when applied to an individual. It is a willful and malicious attempt to lessen mens reverence of God by denying His existence, or His attributes as an intelligent creator, governor, and judge of men, and to prevent their having confidence in Him as such. Corn. v. Kneeland, 20 Pick. (Mass.) 211, 212. The use of this word is, in modern law, exclusively con- fined to sacred subjects; but blasphemia and blasphemare were anciently used to signify the reviling by one person of another. Nov. 77, c. 1, § 1; Spelman.” Page 216 “CHURCH. In its most general sense, the religious society founded and established by Jesus Christ, to receive, preserve, and propagate his doctrines and ordinances. CHRISTIAN. Pertaining to Jesus Christ or the religion founded by him; professing Christianity. As a noun, it signifies one who accepts and pro- fesses to live by the doctrines and principles of the Christian religion; it does not include Mo- hammedans, Jews, pagans, or infidels. State v. Buswell, 40 Neb. 158, 58 N.W. 728, 24 L.R.A. 68. One who believes or professes or is assumed to be- lieve in Jesus Christ, and the truth as taught by Him. Conway v. Third Nat. Bank & Trust Co., 118 N.J.Eq. 61, 177 A. 113, 116. CHRISTIAN NAME. The baptismal name as distinct from the surname. Stratton v. Foster, 11 Me. 467. The name which is given one after his birth or at baptism, or is afterward assumed by him in addition to his family name. Badger Lum- ber Co. v. Collinson, 97 Kan. 791, 156 P. 724, 725. A Christian name may consist of a single letter. Whar- ton; People v. Reilly, 257 Ill. 538, 101 N.E. 54, Ann.Cas. 1914A, 1112. There is no presumption that letters are not themselves Christian names, and where a letter or letters appear before a surname they are treated, in the absence of any showing to the contrary, as the Christian name. Riley v. Litchfield, 168 Iowa, 187, 150 N.W. 81, 82, Ann.Cas. 1917B, 172. CHRISTIANITATIS CURIA. The court Christian. An ecclesiastical court, as opposed to a civil or lay tribunal. Cowell. See, also, Court Christian. CHRISTIANITY. The religion founded and es- tablished by Jesus Christ. Hale v. Everett, 53 N. H. 9, 54, 16 Am.Rep. 82; People v. Ruggles, 8 Johns. (N.Y.) 297, 5 Am.Dec. 335. CHRISTMAS DAY. A festival of the Christian church, observed on the 25th of December, in memory of the birth of Jesus Christ.” Page 306 “Community Church A name signifying a federation of churches re- taining their separate identity and distinctive doctrines. Christian Church of Vacaville v. Crys- tal, 78 Cal.App. 1, 247 P. 605, 608” Page 307 “CORPUS CHRISTI DAY. In English law. A feast instituted in 1264, in honor of the sacrament. 32 Hen. VIII. c. 21.” Page 413 “Spiritual courts. In English law. The ecclesi- astical courts, or courts Christian. See 3 Bl. Comm. 61.” Page 426 “COURT CHRISTIAN. The ecclesiastical courts in England are often so called, as distinguished from the civil courts. 1 Bl. Comm. 83; 3 Bl. Comm. 64; 3 Steph. Comm. 430.” Page 427 “CURIA CHRISTIANITATIS. The ecclesiastical court.” Page 457 “DOMUS CONVERSORUM. An ancient house built or appointed by King Henry III. for such Jews as were converted to the Christian faith; but King Edward III., who expelled the Jews from the kingdom, deputed the place for the custody of the rolls and records of the chancery. Jacob” Page 575 “EASTER. A feast of the Christian church held in memory of the Saviours resurrection. The Greeks and Latins call it pascha, (passover,) to which Jewish feast our Easter answers. This feast has been annually celebrated since the time of the apostles, and is one of the most important festivals in the Christian calendar, being that which regulates and determines the times of all the other movable feasts. Enc. Lond.” Page 601 “ECCLESIA. Lat. An assembly. A Christian as- sembly; a church. A place of religious worship. In the law, generally, the word is used to denote a place of religious worship, and sometimes a par- sonage. Spelman.” Page 602 “EPIPHANY. A Christian festival, otherwise called the Manifestation of Christ to the Gen- tiles, observed on the 6th of January, in honor of the appearance of the star to the three magi, or wise men, who came to adore the Messiah, and bring him presents. It is commonly called Twelfth Day. Enc.Lond.” Page 630 “FICTITIOUS NAME. A counterfeit, feigned, or pretended name taken by a person, differing in some essential particular from his true name, (consisting of Christian name and patronymic,) with the implication that it is meant to deceive or mislead. Pollard v. Fidelity F. Ins. Co., 1 S.D. 570, 47 N.W. 1060; Carlock v. Cagnacci, 88 Cal. 600, 26 P. 597; Mangan v. Schuylkill County, 273 Pa. 310, 116 A. 920, 921.” Page 751-752 “IULE. In old English law. Christmas.” Page 967 “JEWISH SABBATH. A period which begins at sundown Friday night and ends at sundown Sat- urday night, and does not conform to a full statu- tory day according to the Christian calendar. Co- hen v. Webb, 175 Ky. 1, 192 S.W. 828, 829.” Page 970 “LEGAL NAME. Under common law consists of one Christian name and one surname, and the in- sertion, omission, or mistake in middle name or in-itial is immaterial. Langley v. Zurich General Accident & Liability Ins. Co., 97 Cal.App. 434, 275 P. 963, 965.” Page 1040 “MORAVIANS. Otherwise called Herrnhutters or United Brethren. A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the open- ing of that reformation which stripped the chair of St. Peter of so many votaries, and gave birth to so many denominations of Christians. They give evidence on their solemn affirmation. 2 Steph.Comm. 338n.” Page 1161 “NAME. The designation of an individual person, or of a firm or corporation. Riley v. Litchfield, 168 Iowa 187, 150 N.W. 81, 83, Ann.Cas.1917B, 172._ A persons name consists of one or more Christian or given names and one surname or family name. Blakeney v. Smith, 183 Miss. 151, 183 So. 920, 921. It is the distinc- tive characterization in words by which one is known and distinguished from others, - and description, or abbrevia- tion, is not the equivalent of a name. Putnam v. Bes- som, 291 Mass. 217, 197 N.E. 147, 148. Custom gives one his fathers family name, and such prxnomina as his par- ents choose to put before it, but this is only general rule, from which individual may, depart, if he choose. In re Cohen, 142 Misc. 852, 255 N.Y.S. 616, 617. As to the history of Christian names and surnames and their use and relative importance in law, see In re Snook, 2 Hilt., N.Y., 566.” Page 1174 “OBLATIONES DICUNTUR QUZECUNQUE A. HIS FIDELIBUSQUE CHRISTIANS OFFER- UNTUR DEO ET ECCLESLE, SIVE RES SOLI- DIE SIVE MOBILES. 2 Inst. 389. Those things are called oblations which are offered to God and to the Church by pious and faithful Christians, whether they are movable or immovable.” Page 1223 “OFFERINGS. In English ecclesiastical law. Per- sonal tithes, payable by custom to the parson or vicar of a parish, either occasionally, as at sacra- ments, marriages, churching of women, burials, etc., or at constant times, as at Easter, Christmas, etc. See Obventio.” Page 1233 Pope makes himself God. “PAPAL SUPREMACY. The supremacy which the Pope claimed not only over the Emperor of the Holy Roman Empire, but over all other Christian princes. The theory was that they stood to the Pope as feudal vassals to a supreme lord; as such, the Pope claimed the right to enforce the duties due to him from his feudal subordinates through an ascending scale of penalties culminating in the absolution of the princes subjects from the bonds of allegiance, and in the disposition of the sover- eign himself. The papal supremacy was over- thrown in England by acts of the Parliament which met in 1529 and was dissolved in 1536, ending in the Act of Supremacy. Hannis Taylor, Science of Jurispr.; Boyce, Holy Rom. Emp.; Freeman, Sel. Hist. Essays; 2 Phill. Intern. Law.” Page 1265 1266 “PARISH CHURCH. This expression has various significations. It is applied sometimes to a select body of Christians, forming a local spiritual as- sociation, and sometimes to the building in which the public worship of the inhabitants of, a parish IS celebrated; but the true legal notion of a paro- chial church is a consecrated place, having at- tached to it the rights of burial and the admin. istration of the sacraments. Story, J., Pawlet v. Clark, 9 Cranch, 326, 3 L.Ed. 735.” Page 1271 “PASTOR. Lat. A shepherd. Applied to a minis- ter of the Christian religion, who has charge of a congregation or parish, hence called his flock. First Presbyterian Church v. Myers, 5 Okl. 809, 50 P. 70, 38 L.R.A. 687; Griswold v. Quinn, 97 Kan. 611, 156 P. 761, 762; Dupont v. Pelletier, 120 Me. 114, 113 A. 11, 13.” Page 1281 “QUOD NON CAPIT CHRISTUS, CAPIT FISCUS. What Christ [the church] does not take the treas- ury takes. Goods of a felo de se go to the king. A maxim in old English law. Yearb. P. 19 Hen. VI. 1.” Page 1419 “RELIGIOUS BOOKS. Those which tend to pro- mote the religion taught by the Christian dispen- sation, unless by associated words the meaning is so limited to show that some other form of wor- ship is referred to. Simpson v. Welcome, 72 Me. 500, 39 Am.Rep. 349.” Page 1455 “TEMPLARS. A religious order of knighthood, in- stituted about the year 1119, and so called because the members dwelt in a part of the temple of Jerusalem, and not far from the sepulcher of our Lord. They entertained Christian strangers and pilgrims charitably, and their profession was at first to defend travelers from highwaymen and robbers. The order was suppressed A.D. 1307, and their substance given partly to the knights of St. John of Jerusalem, and partly to other religious orders. Brown.” Page 1633 “YULE. The times of Christmas and Lammas.” Page 1792
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