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In short, I will make my way into court, even if it should cost me the committing a DELICT, or at least a QUASI DELICT. You see all is not lost of what Erskine wrote, and Wallace taught. Thus far I have fooled it off well enough; and yet, Alan, all is not at ease within me. I am affected with a sense of loneliness, the more depressing, that it seems to me to be a solitude peculiarly my own.
Almost everybody who has knowledge enough of Roman law to appreciate the Roman penal system, the Roman theory of the obligations established by Contract or Delict, the Roman view of Debts and of the modes of incurring, extinguishing, and transmitting them, the Roman notion of the continuance of individual existence by Universal Succession, may be trusted to say whence arose the frame of mind to which the problems of Western theology proved so congenial, whence came the phraseology in which these problems were stated, and whence the description of reasoning employed in their solution.
1 Actions which will lie against a man under either the civil or the praetorian law will not always lie against his heir, the rule being absolute that for delict for instance, theft, robbery, outrage, or unlawful damage no penal action can be brought against the heir. The heir of the person wronged, however, may bring these actions, except in outrage, and similar cases, if any.
The acts which have the effect of attracting an Obligation are chiefly those classed under the heads of Contract and Delict, of Agreement and Wrong; but a variety of other acts have a similar consequence which are not capable of being comprised in an exact classification.
"Say to him, then, to his beard," continued Malvoisin, coolly, "that you love this captive Jewess to distraction; and the more thou dost enlarge on thy passion, the greater will be his haste to end it by the death of the fair enchantress; while thou, taken in flagrant delict by the avowal of a crime contrary to thine oath, canst hope no aid of thy brethren, and must exchange all thy brilliant visions of ambition and power, to lift perhaps a mercenary spear in some of the petty quarrels between Flanders and Burgundy."
5 So, too, the obligation of an heir to discharge legacies cannot properly be called contractual, for it cannot be said that the legatee has contracted at all with either the heir or the testator: yet, as the heir is not bound by a delict, his obligation would seem to be quasicontractual.
In actions on theft, robbery, outrage, and fraud, it is not only infamous to be condemned, but also to compound, as indeed is only just; for obligation based on delict differs widely from obligation based on contract.
Having enumerated the different kinds of contracts, let us now examine those obligations also which do not originate, properly speaking, in contract, but which, as they do not arise from a delict, seem to be quasicontractual.
I was told to believe, and I did believe, that doubt about any of them was a sin, not less reprehensible than a moral delict. I suppose that, out of a thousand of my contemporaries, nine hundred, at least, had their minds systematically warped and poisoned, in the name of the God of truth, by like discipline.
"Assuredly," said Saddletree, "it being a statute made by our Sovereign Lord and Lady, to prevent the horrid delict of bringing forth children in secret The crime is rather a favourite of the law, this species of murther being one of its ain creation." "Then, if the law makes murders," said Mrs.