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In the one, the maxim in pari delicto potior est conditio defendentis, and the invalidity of contracts contemplating it, show that the conduct is outside the protection of the law. In the other, it is otherwise. /1/ This opinion is confirmed by the fact, that almost the only cases in which the distinction between prohibition and taxation comes up concern the application of these maxims.
But down to the latest period of Roman jurisprudence there was a certain class of transactions which never admitted of being directly modified by a condition, or of being limited to or from a point of time. In technical language they did not admit conditio or dies.
Chapter vi. 7. Si vous promenez auec vne personne seule dans la maison, & qu'il soil d'vne conditiõ qui luy fasse meriter quelque deference, dés le premier pas de la promenade, ne manquez pas de luy donner la droite: Ne cessez point de marcher, s'il ne vient
Phil. That would be very probable, if it were allowed to be true only in an allegorical sense. But it claims to be exactly true, and true in the proper sense of the word: herein lies the deception, and it is here that the friend of truth must oppose it. Demop. But this deception is a conditio sine qua non.
And a rising young Hebraist, Eliezer ben Yehudah, while still a student of medicine, wrote, in 1878, and again in 1880, stirring letters to the editor of Ha-Shahar, in which he advocated the return to the Holy Land and the revival of the holy tongue as a conditio sine qua non for the realization of the Jewish mission.
As the spiritual head of Hinduism, and the recognized source of religious power among its devotees, he required and devised this organization, with himself as its undisputed head, and with a distinct recognition by all others of his supremacy in the Hindu faith as a conditio sine quâ non of their admission as castes into the Hindu system.
The Ambassador, in a spirit of prophecy, quoted the saying of Domitian: "Misera conditio imperantium quibus de conspiratione non creditor nisi occisis." Meantime the fugitives continued their journey. The Prince was accompanied by one of his dependants, a rude officer, de Rochefort, who carried the Princess on a pillion behind him.
There are two ways of reaching a great age, both of which presuppose a sound constitution as a conditio sine quâ non. They may be illustrated by two lamps, one of which burns a long time with very little oil, because it has a very thin wick; and the other just as long, though it has a very thick one, because there is plenty of oil to feed it.
Tiberius's character was such as to call for the strongest expressions of reverence even from those who disapproved his political conduct. Cicero speaks of him as homo sanctissimus, and Velleius Paterculus says of him, "vita innocentissimus, ingenio florentissimus, proposito sanctissimus, tantis denique ornatus virtutibus, quantas perfecta et natura et industria mortalis conditio recipit."
But when it is a crime, God can only will the permission of it: the crime is neither an end nor a means, it is only a conditio sine qua non; thus it is not the object of a direct will, as I have already demonstrated above.
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