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To these I would in the first instance merely oppose an authority, which they themselves hold venerable, that of Lord Bacon: non inutiles Scientiae existimandae sunt, quarum in se nullus est usus, si ingenia acuant et ordinent.
What matters it that these fines were called court fees, absolution fees, commutation of penance, or by any other name? What signifies it that the proceeds could be applied only in pios usus? The mulcting was none the less real.
I do not take upon me to direct what other men should do in the government of their families, there are plenty that meddle enough with that, but only give an account of my method in my own: "Mihi sic usus est: tibi, ut opus est facto, face." "Terence, Heaut., i.
On the contrary, if the great predominant character of a port is that of a port of naval equipment, it shall be contended that the articles were going for military use, although, merchant ships resort to the same place, and although it is possible that the articles might have been applied to civil consumption; for it being impossible to ascertain the final application of an article, ancipitis usus, it is not an injurious rule which deduces both ways the final use from immediate destination; and the presumption of a hostile use, founded on its destination to a military port, is very much inflamed, if at the time when the articles were going, a considerable armament was notoriously preparing, to which a supply of those articles would be eminently useful."
If the first end of a writer be to be understood, then as his language grows obsolete, his thoughts must grow obscure: Multa renascentur quæ nunc cecidere; cadentque, Quæ nunc sunt in honore vocabula, si volet usus, Quem penes arbitrium est et jus et norma loquendi.
In the earlier period a woman was acquired as wife in three different ways: I. By coemptio a mock sale to her husband ; II. By confarreatio a solemn marriage with peculiar sacred rites to qualify men and women and their children for certain priesthoods ; III. By usus, or acquisition by prescription.
As a matter of fact, as will appear from the illustrations cited, fines were virtually inflicted by way of court or absolution fees. Again, while the canons or injunctions forbade the commutation of penance for money, an exception was made for money taken in pios usus, such as church repair or the relief of the poor. Examples of the practice will be found in Hale, Crim.
The Romans, as we know, explicitly rejected it, and even at a comparatively early period recognized the legality of marriage by usus, thus declaring in effect that marriage must be a fact, and not a mere undertaking.
Venerisque huic maximus usus Progenies; urbi Pater est, urbique Maritus. For I apprehend that passage is generally misunderstood." "I really do not remember," answered the author. "Pray, sir, what do you take to be the meaning?" "I apprehend, sir," replied Booth, "that by these words, Urbi Pater est, urbique Maritus, Cato is represented as the father and husband to the city of Rome."
-Nam quod isti dicunt malevoli, homines nobiles Eum adiutare, adsidueque una scribere; Quod illi maledictum vehemens esse existimant Eam laudem hic ducit maximam, quum illis placet Qui vobis universis et populo placent; Quorum opera in bello, in otio, in negotio, Suo quisque tempore usus est sine superbia-.
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