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And it is the same with everything that really falls to our lot. So that the form of time itself, and how much is reckoned on it, is a definite way of proving to us the vanity of all earthly enjoyment. Our existence, as well as that of all animals, is not one that lasts, it is only temporary, merely an existentia fluxa, which may be compared to a water-mill in that it is constantly changing.
Yet Bracton, in the very passage in which he expressly makes that statement, uses a phrase which, but for the explanation, would seem to import ownership, "Poterit rem suam petere." /4/ The writs of later days used the same language, and when it was objected, as it frequently was, to a suit by a bailee for a taking of bona et catalla sua, that it should have been for bona in custodia sua existentia, it was always answered that those in the Chancery would not frame a writ in that form. /5/
As the being, the existentia of these future people is conditioned by our instinct of sex in general, so is the nature, the essentia, of these same people conditioned by the selection that the individual makes for his satisfaction, that is to say, by love, and is thereby in every respect irrevocably established. This is the key of the problem.
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