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He seems to imagine that lex terrae, the common law, at the time of Magna Carta, included everything, even to the practice of courts, that is, at this day, called by the name of Common Law; whereas much of what is now called Common Law has grown up, by usurpation, since the time of Magna Carta, in palpable violation of the authority of that charter.
When Gabinius was accused de repetundis and found guilty of accepting enormous sums from Ptolemy, Rabirius was involved in the same prosecution as having received part of the money; Cicero defended him, and as it seems with success, on the plea that equites were not liable to prosecution under the lex Julia.
This is a principle which has its origin in the relations of the units whereof they are composed, of whom it may be said as of the sons of Ishmael, that every man's hand is against his neighbour. The vendetta, a result of the lex talionis of "eye for eye and tooth for tooth," flourishes still.
A Law of Nature, lex naturalis is defined, a general rule, found out by reason, forbidding a man to do what directly or indirectly is destructive of his life, or to omit what he thinks may best preserve it. Right and Law, though generally confounded, are exactly opposed, Right being liberty, and Law obligation.
You consult no precedents save those of the law and custom of parliamentary bodies. You are a law unto yourselves, bound only by the natural principles of equity and justice, and salus populi suprema est lex. Feb. 24, 1868, Mr. Mr. Mr.
For not only were the Italians who had submitted since the terms of the Lex Plautia took effect without the franchise, but from the fact of their rebellion they had lost their old privileges as allied States. Even those who had benefited by these concessions had benefited only in name.
An interesting feature, from which it is lucky that we have in these days escaped, is the application of the "lex talionis" an eye for an eye, bone for a bone, and tooth for a tooth, which is a striking feature of the code. Some of the laws of the code may be quoted: Paragraph 215.
The arguments against the measure were chiefly these: The objectors drew a distinction between what was legal according to the strict letter of the law, and what was constitutional; contending that there might be exercises of the prerogative which could not be affirmed to be illegal, but which no one would deny to be altogether inconsistent with the principles and practice of the constitution, since a great part of the constitution rested on unwritten law, on long-continued usage, Lex et consuetudo Parliamenti.
For though they that speak of this subject, use to confound Jus, and Lex, Right and Law; yet they ought to be distinguished; because RIGHT, consisteth in liberty to do, or to forbeare; Whereas LAW, determineth, and bindeth to one of them: so that Law, and Right, differ as much, as Obligation, and Liberty; which in one and the same matter are inconsistent.
It is not so much to know the law, ran Henry D. Feldman's motto, paraphrasing a famous dictum of Judge Sharswood, as to look, act and talk as though you knew it. To this end Mr. Feldman seldom employed a word of one syllable, if it had a synonym of three or four syllables, and such phrases as res gestæ, scienter, and lex fori delicti were the very life of his conversation with clients.
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