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If a man is prepared to give us information on one Quaesitum, why should he be constrained to use a mode of speech which forces on his attention at the same time a second and distinct Quaesitum so that he must either give us information about the two at once, or confess himself ignorant respecting the second?
Because forma dat esse. rei. l. si is qui. ff. ad leg. Falcid. in c. cum dilecta. de rescript. Barbat. consil. 12. lib. 2, and before him, Baldus, in c. ult. extra. de consuet. et l. Julianus ad exhib. ff. et l. quaesitum. ff. de leg. 3. The manner is such as is set down in gl. p. quaest. 1. c. Paulus. Debile principium melior fortuna sequetur.
You want a system that will combine both things, the scientific loyalty to facts and willingness to take account of them, the spirit of adaptation and accommodation, in short, but also the old confidence in human values and the resultant spontaneity, whether of the religious or of the romantic type. And this is then your dilemma: you find the two parts of your quaesitum hopelessly separated.
Frumenta ceterosque fructus patientius, quam pro solita Germanorum inertia, laborant. Sed et mare scrutantur, ac soli omnium succinum, quod ipsi glesum vocant inter vada atque in ipso littore legunt. Nec, quae natura quaeve ratio gignat, ut barbaris, quaesitum compertumve.
Quid si non interdixem ne illuc fugitivum Mitteret ad se intro, sed magis eiiceret? Ibimus quaesitum: verum ne ipsi teneamur Formido: quid ago? Da, Venus, consilium." A more pleasing example of his style, and this time perhaps original, is given by Cicero.
The explanation of the imperfect in such cases is that it marks out, more clearly than the pluperfect would, the fact that the action of the principal verb and the action of the dependent verb are practically contemporaneous. In our passage if quaesitum esset had been written it would have indicated merely that at some quite indefinite time after the question was put the answer was given. Cf.
After the briefest acquaintance with her future husband, the young wife quits the convent or the paternal roof to enter upon a world in which her character begins rapidly to develop. The rights of the husband are for this reason conditional, and even the man who regards them in the light of a 'ius quaesitum' thinks only of the outward conditions of the contract, not of the affections.
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