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Quare sonuerunt nisi ut audiantur? Again, commenting on psalm 146, he writes, "David teaches that we sing wisely; let us not seek the mere sound for the ear, but a light for the soul." St. Nam, ille qui intelligit reficitur quantum ad intellectum et quantum ad affectum; sed mens ejus qui non intelligit est sine fructu refectionis."
This argument 'ad affectum' is beautifully and forcibly stated; but yet defective by the omission of the point; not for unbelief or misbelief of any article of faith, but simply for not being a member of this particular part of the Church of Christ.
Sir Edward Coke reduces the heads of challenge to four. 1st, propter honoris respectum; as if a lord of Parliament be impannelled. 2d, propter defectum; as if a juryman be an alien born, or be in other respects generally objectionable. 3d, propter affectum; for suspicion of bias or partiality: and 4th, propter delictum; or, for some crime that affects the juror's credit, and renders him infamous; In treason and felony, the prisoner is allowed the privilege of a limited number of peremptory challenges; after which, as in misdemeanours, there is no limit to the number of challenges, if the party shows some cause for each challenge to the court.
Qualis vestis erit, talia corda gerit. Hic notandum est, that in this respect the pleaders, litigants, and law-suitors are happier than the officers, ministers, and administrators of justice. For beatius est dare quam accipere. ff. commun. l. 3. extra. de celebr. Miss. c. cum Marthae. et 24. quaest. 1. cap. Od. gl. Affectum dantis pensat censura tonantis.
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