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I think we have no evidence whatever that, at the time of Magna Carta, or indeed at any other time, lex terrae, the common law, fixed the punishment in cases where the question of guilt was tried by a jury; or, indeed, that it did in any other case.
Finally the party of Tiberius resolved to attempt a startlingly bold move. They decided to cripple the opposition by means of a terrible scandal in the very person of Julia. The Lex Julia de adulteriis, framed by Augustus in the year 18, authorized any citizen to denounce an unfaithful wife before the judges, if the husband and father should both refuse to make the accusation.
Gregorius Sayrus following them herein, saith, Debet lex homines a malo retrahere, et idio dicatur necessaria debet etiam promovere in bonum, et ideo dicitur utilis—A law ought to draw back men from evil, and therefore is called necessary, it ought also to promove them unto good, and therefore is called profitable.
In cases of violent dispossession the wrongdoer is liable under the lex Iulia relating to private or public violence, by the former being meant unarmed force, by the latter dispossession effected with arms; and the term 'arms' must be taken to include not only shields, swords, and helmets, but also sticks and stones. 7 Thirdly, interdicts are divided into simple and double.
As the head directs the hands and feet, so must the king control the members of the body politic. Royal power was thus the most natural and the most effective instrument for suppressing anarchy and rebellion. James I summarized his idea of government in the famous Latin epigram, "a deo rex, a rege lex, " "the king is from God, and law from the king."
7 Under certain circumstances money which is not owed, and which is paid by mistake, is not recoverable; the rule of the older lawyers on this point being that wherever a defendant's denial of his obligation is punished by duplication of the damages to be recovered as in actions under the lex Aquilia, and for the recovery of a legacy he cannot get the money back on this plea.
They are, moreover, exclusive and peculiar, as stated by Johnson; but their exclusiveness and peculiarity are not to be constructed in the vulgar acceptations. In treating of the vast interests of a state, the mind must take a wide range; and I hold, brother Longbeard, there is no principle more settled than the fact, that prerogativa is one thing, and lex, or the law, another."
An ecclesiastical law, saith Junius, διαταξις sive depositio, non vere lex est, sed διατυπωσις aut canon, ac proindedirigit quidem ut canon agentem voluntarie: non autem necessitate cogit, ut lex etiam involuntarium quod si forte ante accedit coactio, ea non est de natura canonis sed altunde pervenit.
Isaac showed off, all right, with his 'Bipets are sings vis two lex! I guess Miss Lee decided that day that the Pennsylvania Dutch is ingrained in our English and hard to get out." To Phœbe each Memory Gem of her school days became, in truth, a gem stored away for future years.
When Caius renewed his brother's laws he purposely charged the land distributed to the poor with a yearly vectigal. How different was this from the mere demagogic trick of Drusus! It appears, then, that the Lex Frumentaria of Caius is not the indefensible measure which modern writers, filled with modern notions, have called it.
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