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We have finally to consider the lex Falcidia, the most recent enactment limiting the amount which can be given in legacies.
The lex Hostilia subsequently permitted the bringing of an action of theft on behalf of persons who were in the hands of an enemy, or absent on State employment, and their pupils.
All writers agree that this means the common law.Thus, Sir Matthew Hale says: "The common law is sometimes called, by way of eminence, lex terrae,as in the statute of Magna Carta,chap. 29, where certainly the common law is principally intended by those words, aut per legem terrae;as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III., chap. 3, which is but an exposition and explanation of that statute.
By George, sir, before daylight to-morrow we'll run up a nine-pounder, and have this rubbish down in five minutes! Yes, yes and I'd do it to-day, if it weren't the Sabbath." "I don't see that the Sabbath ought to count against what we may fairly call the dictates of national urgency," said the Doctor. " Salus patriae suprema lex." "What's that?" "Latin.
My intention is to await the time for legislation, and, if the law is defeated, I shall avail myself of the resolution of the senate, and prefer to be deprived of my life rather than of my country. Make haste, I beg, to come to me. The prevailing opinion was that his interdictio having been illegal, the senate could quash it. But Pompey, for the sake of security, recommended a lex.
The two volumes of his biography, with all their absorbing interest, have not, I think, added much to the effect of his books. A Much-abused Letter, Lex Orandi, Scylla and Charybdis, and Christianity at the Cross-Roads have settled nothing. What book of real influence does? They present many contradictions; but are thereby, perhaps, only the more living.
A singular example of the lex talionis occurred among the natives at this place.
The Lex Voconia de mulierum hereditatibus aimed at securing the continuance of property in families.
The sum was 500,000 sesterces. Their paramours were beaten to death. A full account of the Vestals will be found in Aulus Gellius, i, 12. Quintilian, vii, 3, 27: ad servum nulla lex pertinet. On the rare instances when a slave could inform against his master in a public court, see Hermogenianus in Dig., v, 1, 53. Gaius, i, 52 ff. Gaius, iii, 222. Cf. Juvenal vi, 219-223, and 474-495.
If the seducer be of reputable condition, the punishment is confiscation of half his fortune; if a mean person, flogging and relegation. 5 The lex Cornelia on assassination pursues those persons, who commit this crime with the sword of vengeance, and also all who carry weapons for the purpose of homicide.
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