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Terentius Clemens in Dig., 23, 2, 21. Paulus, ii, 19, 2. Ulpian, 24, 17. Cf. Ulpian, Tit., vi, 6: Divortio facto, si quidem sui juris sit muller, ipsa habet rei uxoriae actionem, id est, dotis repetitionem; quodsi in potestate patris sit, pater adiuncta filiae persona habet actionem. The technical recognition of the father's power was still strong. Cf.
Whatsoever grace God giveth us, it ought to be used and exercised, and not to lie idle in us; but God giveth us actionem cognoscendi, τα διαφεροντα discernendi, &c. a certain measure of the spirit of discretion, to teach us what to choose as good, and what to refuse as evil, 1 John ii. 27, “The same anointing teacheth you of all things;” 1 Cor. ii. 15, “He that is spiritual judgeth all things.” Therefore God would have us to exercise that measure of the gift of discretion which he hath bestowed on us, in discerning of things which are propounded to us, whether they ought to be done or not.
It is not every man’s part, saith one of our opposites, to judge de circumstantia, quae reddit actionem vel bonam vel malam. “Some circumstances, saith another of them, are intrinsical and essential to actions, and specially making up their nature.” The principal circumstances which here we speak of, are comprehended in this versicle:— Quis, quid, ubi, quibus auxiliis, cur quomodo, quando.
As soon as the destruction of the Iroquois towns was known, prayers were changed to thanksgiving. The Te Deum was solemnly chanted, and on November 14 a mass was said in the church of Notre-Dame-de-Quebec, followed by a procession in gratiarum actionem. New France might well rejoice. A great result had been attained.
Even when it comes to the election, yet populus non solus judicat, sed proeunte et moderante actionem clero et presbyterio, let the elders of the congregation, together with some of the clergy concurring with them, moderate the action, and go before the body of the people.
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