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The sentence might be strictly legal, and, at the same time very severe, according to the maxim, summum jus, summa injuria. In such cases, and perhaps in such cases only, the rigour of the law ought to be softened by the lenient hand of the royal prerogative.
Bazalgette was at the window in a moment, and lo! at the end of the garden, walking slowly side by side, were Lucy and Mr. Dodd. Ridiculous as it may appear, a pang of jealousy shot through the married flirt's heart that made her almost feel sick. This was followed at the interval of half a second by as pretty a flame of hatred as ever the spretoe injuria formoe lighted up in a coquette's heart.
On what principle, then, is the line drawn, so as to specify certain injuries which the State may prohibit and to mark off others which it must leave untouched? Well, it may be said, volenti non fit injuria. No wrong is done to a man by a bargain to which he is a willing party. That may be, though there are doubtful cases.
Her vanity might be appeased, but her bitterness the spretoe injuria formoe remained; and she lost no time in plotting further mischief.
We talked to-night of Luther's allowing the Landgrave of Hesse two wives, and that it was with the consent of the wife to whom he was first married. JOHNSON. 'There was no harm in this, so far as she was only concerned, because volenti non fit injuria. But it was an offence against the general order of society, and against the law of the Gospel, by which one man and one woman are to be united.
Fountain recognized his superior, and put himself under the lady's orders in an evil hour for Lucy. The poor girl's triumph over the forces was but momentary; her ground was not tenable. The person promised can release the person who promises volenti non fit injuria. Lucy found herself attacked with female weapons, that you and I, sir, should laugh at; but they made her miserable.
There was, consequently, wonder in the land as to what manner of utangani this one might be. It is only fair to own that the ladies endured with great philosophy the spretae injuria formae, and made no difference in their behaviour on account of their charms being unappreciated.
Judicem nec de obtinendo jure orari oportet nec de injuria exorari. It may be in place to remark here that the counsel in a cause ought to avoid all unnecessary communication with the jurors before or during any trial in which he may be concerned. He should enforce the same duty upon his client.
"I would hardly have proposed this measure," said, or rather mumbled, Father Aldrovand, who had recently lost four of his front teeth by a stone from a sling, "yet, being so generously offered by the party principally concerned, I hold with the learned scholiast, Volenti non fit injuria."
It is true that Buckingham and Suffolk were the practicers and contrivers of the Duke's death: Buckingham and Suffolk, because the Duke gave instructions to their authority, which otherwise under the Queen had been absolute; the Queen in respect of her personal wound, "spretaeque injuria formae," because Gloucester dissuaded her marriage.
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