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Banishment was common, aquae et ignis interdictio; and this was equivalent to the deprivation of the necessities of life and incapacitating a person from exercising the rights of citizenship. Under the emperors persons were confined often on the rocky islands off the coast, or in a compulsory residence in a particular place assigned.
There is no doubt that in many cases a man may be insane, and yet perfectly capable of taking the precautions, and of being influenced by the motives, which the circumstances demand. But if insanity of a pronounced type exists, manifestly incapacitating the sufferer from complying with the rule which he has broken, good sense would require it to be admitted as an excuse.
All the vital exercise of the seventeenth century had left the language buoyant; it was as elastic as deep and mobile waters; then followed the grip of that incapacitating later style. It is in our own day that English has been so over-strained.
To look always from overhead at the crowd of one's fellow-men must be in many ways incapacitating, even with the best will and intelligence. The serious blunders it must lead to in the effort to manage them for their good, one may see clearly by the mistaken ways people take of flattering and enticing those whose associations are unlike their own.
As he bent over her hands and kissed them he seemed to feel himself renewed, remade. "Senorita," he said, "I am happy to be your servant. I can conceive of no greater pleasure than giving the service you require." "And what is that?" inquired Thorne, hurriedly. "That of incapacitating Senor Rojas for to-night, and perhaps several nights to come," replied Gale.
This appears, not only by their earnest contendings against the abuse of that ordinance among them; but also, by the public acts of parliament, obliging prince and people to be of one perfect religion, and wholly incapacitating all persons, for bearing any office, supreme or subordinate, who refused, by their solemn oath, to approve of, and, to the utmost of their power, engage to defend the true religion, as contained in the word of GOD, and confession of faith founded thereon, then believed, and publicly professed within the realm, ratified and generally sworn to in the National Covenant, during the whole course of their lives, in all their civil administrations.
The Lords hesitated about some parts of it, and were especially anxious for a provision in it incapacitating all from being officers or soldiers in the new army who should not have taken the Covenant: there were conferences on this point, and a kind of compromise on it by the Commons; and on the 15th of February the Ordinance for New Modelling of the Army was finally passed.
Simon he held many an anxious conference on the matter, but nothing could either think of except the heart-wearing endeavour after favour with one or other of the magazines involving an outlay of much time, a sick deferment of hope, and great discouragement; for how small were the chances of his work proving acceptable to this or that man who, with the best intentions for the SUCCESS of the magazine in his charge, and a keen enough perception of the unworthy in literature, had most likely no special love for the truth, or care to teach it, and was besides under the incapacitating influence, the deadening, debilitating, stupefying effect of having continually to judge not to mention the enervating hopelessness that at length falls, I presume, upon every editor of a popular magazine, of finding one pearl among the cartloads of oysters sent him by unknown divers in the gulf of literature filling him with amazement that there should be so many to write so well, and so few to write better.
During this same period of general war, it was frequently the case that the guns of English armed ships were found in the mornings with their breechings cut over night. This maiming of the guns, and for the time incapacitating them, was only to be imputed to that secret spirit of hatred to the service which induced the spiking above referred to.
This capital objection, therefore, though dwelt upon and improved to the utmost at the trial, was looked upon by the judges as an after-thought; and merely because it had not been seized upon by herself, and urged in the first moments of her almost incapacitating terror on finding this amongst the circumstances of the charge against her as if an ingenuous nature, in the very act of recoiling with horror from a criminal charge the most degrading, and in the very instant of discovering, with a perfect rapture of alarm, the too plausible appearance of probability amongst the circumstances, would be likely to pause, and with attorney- like dexterity, to pick out the particular circumstance that might admit of being proved to be false, when the conscience proclaimed, though in despondence for the result, that all the circumstances were, as to the use made of them, one tissue of falsehoods.
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