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Gratian, Causa, 30, Quaest. 5, c. 9 Friedberg, i, p. 1107. Gratian, Causa, 28, Quaest. i, c. 17 Friedberg, i, p. 1089: illorum vero coniugia, qui contemptis omnibus illis solempnitatibus solo affectu aliquam sibi in coniugem copulant, huiuscemodi coniugium non legitimum, sed ratum tantummodo esse creditur. Sessio xxiv, cap. i De Reformatione Matrimonii.
In the fifth act Morose, who has married a Silent Woman and discovered her tongue after marriage, is played upon by the introduction of Otter, disguised as a Divine, and Cutbeard, as a Canon Lawyer, to explain to him 'for how many causes a man may have 'divortium legitimum', a lawful divorce.
To censure guilt, my lords, is undoubtedly necessary, and to inquire into the conduct of men in power, incontestably just; but by the laws both of heaven and earth, the means as well as the end are prescribed, rectum recte, legitimum legitime faciendum; we must not only propose a good end in our conduct, but must attain it by that method which equity directs, and the law prescribes.
The passage from Gerson which we quoted above shows that, when a just price had been fixed by the competent authority, the parties to a contract were bound to keep to it. In other words, the pretium legitimum was ipso facto the justum pretium. On this point there is complete agreement among the writers of the period.
It may not be superfluous to remark, that the -iudicium legitimum-, as well as that -quod imperio continetur-, rested on the imperium of the directing magistrate, and the distinction only consisted in the circumstance that the -imperium- was in the former case limited by the -lex-, while in the latter it was free. II. I. Restrictions on the Delegation of Powers
Comites quidem & barones prænominati vnusquisq; postquam liberauerit obsidem suum, scilicet filium legitimum, qui habuerit, & alij nepotes suos vel propinquiores sibi hæredes, & castellis vt dictum est redditis liberabuntur.
It may not be superfluous to remark, that the -iudicium legitimum-, as well as that -quod imperio continetur-, rested on the imperium of the directing magistrate, and the distinction only consisted in the circumstance that the -imperium- was in the former case limited by the -lex-, while in the latter it was free. II. I. Restrictions on the Delegation of Powers
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