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All this will be still more applicable to the unconnected, rotatory, biennial national assemblies, in this absurd and senseless constitution. Qualitas, Relatio, Actio, Passio, Ubi, Quando, Situs, Habitus. See l'État de la France, p. 363. In reality three, to reckon the provincial republican establishments.
Descartes's simple, naïve habits of thought and speech, which were those of a man of the world rather than of a scholar, were quite incompatible with the adoption and consistent use of a finely discriminated terminology; he is very free with sive, and not very careful with the expressions actio, passio, perceptio, affectio, volitio.
The prayers ended with a special reference to those present, that they might persevere in the Lord even to the end. And then the priest began the Sursum corda, and said the Sanctus. The Canon or Actio seems to have run, in all but a few words, as it does now, and the solemn words of consecration were said secretly.
Otherwise it would be inexplicable that even the best pedagogical skill proves powerless in the case of many individuals. Herbart's psychology was preceded by a philosophy of nature, which construes matter from attraction and repulsion, and declares an actio in distans impossible.
The magistrate carefully simulated the demeanour of a private arbitrator casually called in. In order to show that this statement is not a mere fanciful conceit, I will produce the evidence on which it rests. Very far the most ancient judicial proceeding known to us is the Legis Actio Sacramenti of the Romans, out of which all the later Roman Law of Actions may be proved to have grown.
"`O retributio! stat brevis actio, vita perennis; O retributio! caelica mansio stat lue plenis." "How blessed an exchange, how grand a reward! I trust God, but thou seest Him. I believe He hath done well, with thee, as with me, but thou knowest it." "`Jamais soyf n'auras A l'eternite!" Baudekyn, the richest variety of this rich silk, in which threads of gold were probably intermingled.
The evidence he must bring forward. And he would so appall these corrupt judges that they should not dare to acquit the accused. This Actio Prima contains the words in which he did appall the judges. As we read them, we pity the judges. There were fourteen, whose names we know. That there may have been many more is probable. There was the Prætor Urbanus of the day, Glabrio.
"It's a matter of terminology," said the president sternly. "And it's not the name that makes a thing, but what it does! Actio sequitur esse, as the sayin' goes. You'll not be denyin' that! Now, a diny hangs around a man's house and it eats his food and his tools and it's no sort of good to anybody while it's alive. Is that the action of a lizard? It is not!
In the next reign /4/ it was decided that, in such a case, the plaintiff could not recover without having executed the release, which is explained by the editor on the ground that ex nudo pacto non oritur actio. But the most important fact is, that from Edward I. to Henry VI. we find no case where a debt was recovered, unless a consideration had in fact been received.
Pliny, Letters, ii, 20. Digest, xiv, 1 and 3 and 8 on the actio exercitoria and institoria. Cf. Codex, iv, 25, 4: et si a muliere magister navis praepositus fuerit, etc. CIL, xiv, 326. Martial, xi, 71. Apuleius, Metam., v, 10. Soranus, i, 1, ch. 1 and 2. E.g. Suetonius, Nero, 27. Carmina Priapea, 18 and 27. Ulpian, xiii, 1.
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