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We have this (a) Description the Sanction or sepimentum legis [the fence of the law]: Namely the penalty or pain of the violation (b) of it which is punishment either expressed or determined as in some Law's or left undetermin'd to the arbitrium (c) iudicis [judgment of the judge] to infict prudentially under various degrees proportionable to the Circumstances of the Offence or contempt as is (d) in other Laws;
Hence the human will is not free, not liberum arbitrium, but, according to Luther, servum arbitrium, a menial and slavish will.
Mirow, The Legality Principle and the Constitution of Cadiz, in FROM THE JUDGE'S ARBITRIUM TO THE LEGALITY PRINCIPLE: LEGISLATION AS A SOURCE OF LAW IN CRIMINAL TRIALS 189-205 (Georges Martyn, Anthony Musson & Heikki Pihlajamaki eds.
If one surveys the various uses of the maxim in the Thomistic corpus, particularly in his treatments of liberum arbitrium, there is no doubt that Thomas is usually treating the causa as nominative and taking it to mean "cause.
Ainsi, comme le souligne l'auteur du Arbitrium Redivivium, << [a]rbitrament is much esteemed and greatly favoured in our common law .
The Augustinian liberum arbitrium or free will makes possible standing in freedom or libertas, a liberty that signifies abandonment of all that is not God-pleasing to cling to God alone.
Hubmaier] taught with inevitabili necessitate geri, contra exceedingly effective reasons vero solidissimis argumentis liberum that it was false and impious to arbitrium constabilivit, nixus believe that everything was authoritate utriusque testamenti.
29) For a convincing refutation see GCA 2000, 412 on 10,35 meis cogitationibus liberum tribuebatur arbitrium.
In the Summa totius artis notariae, Rolandino Passaggieri separates the instrumentum compromissi from the arbitrium et laudum contract.
at 510 ("princeps ad arbitrium suum, irrequisitio assensu subditorum, valorem monetae constituere potest"--that is, "the prince may set the value of money at his own discretion, without the consent of his subjects").
comes from the arbitrium [elective will]" alone (Sermons, p.
Carsten Bach-Nielsen, "Cranach, Luther und servum arbitrium," Analecta Romana 19 (1990): 145-184.