Si quiddam humanum passus fuerit was the extreme form to which men advanced in such cases. And this scrupulous feeling, originally founded on the supposed efficacy of words, prevails to this day. But good taste is not in itself sufficient to account for a scrupulousness so general and so austere.
His jurisdiction was confined to the small fortified towns and villages of the civitas, where he administered justice and collected fines, forfeitures, etc., in much the same manner as did the judex in the largest town of the civitas; his judgments, however, were not final, but always subject to appeal to a higher authority: "Si vero talis causa fuerit, quod ipse Sculdahis minime deliberare possit, dirigat ambas partes ad judicem suum."
Wr. Nec fuerit. Nor will it have been inglorious, sc. when the thing shall have been done and men shall look back upon our achievements. The fut. perf. is appropriate to such a conception. Naturae fine. Cf. note, G. 45: illuc usque natura. XXXIV. Hortarer. Literally, I would be exhorting you. The use of the imperf. subj. in hypothetical sentences, where we should use a plup.
Descartes, in like manner, whose works are a rich mine of almost every description of a priori fallacy, says that the Efficient Cause must at least have all the perfections of the effect, and for this singular reason: “Si enim ponamus aliquid in ideâ reperiri quod non fuerit in ejus causâ, hoc igitur habet a nihilo;” of which it is scarcely a parody to say, that if there be pepper in the soup there must be pepper in the cook who made it, since otherwise the pepper would be without a cause.
Quisquis amat vitam, sobriam, castamque tueri, Perpetuò esto illi casta Geneva domus: Quisquis amat vitani hanc bene vivere, virere et illam, Illi iterum fuerit casta Geneva domus. Illic iuvenies, quidquid, conducit utrique: Relligio hic sana est, aura, ager, atque lucus.
In fact, the king and his ministers, in the interests of impartial justice, kept constant watch on the acts and judgments of the scabini, and a law of Lothar I. tells us that "quicumque de Scabinis deprehensus fuerit propter munera, aut propter amicitam injuste judicare" should be sent up to the king to render an account of the manner in which he had fulfilled the duties of his office.
The great antiquity of this custom is proved by the 17th Art. of the Capitulars of Pepin, in the year 752, which bears a direct allusion to it: inasmuch as that article established as a principle that the impotency of a husband should be considered as a lawful cause for divorce, and that the proof of such impotency should be given, and the fact verified at the foot of the Cross exeant ad crucem, et si verum fuerit, separantur.
Atque hoc adhuc factum non est; quum vero factum fuerit, melius de scientiis sperare licebit." A considerable portion of lead must certainly have been added to the intellect of Bacon when he wrote this Aphorism.
As every treason includes within it a misprision of treason, so every felony includes a misprision, or misdemeanor. 1 Hale P. C. 652. 75S. 'Licet fuerit felonia, tamen in eo continetur misprisio. 2 R. 3.10. Both principal and accessary, therefore, may be proceeded against in any case, either for felony, or misprision, at the Common law.
Briit c. 15, 'De robbours et de larouns et de semblables mesfesours, soitaussi ententivernent enquis et tauntost soient ceux robbours juges a la morl. Fleta says, 'Si quis conviclus fuerit de bonis viri robbatis vel asportatis ad sectam regis judicium capitale subibit. L. 1. c. 39. See also Bract. L. 3. c. 32 § I.