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Updated: May 10, 2025
This attitude of mind, the combination of perfect freedom of thought with full recognition of the legal obligations of the State and its citizens in matters of religion, is not difficult for any one to understand who is acquainted with the nature of the ius divinum and the priesthood administering it.
He looked upon the right of the magistrate to "observe the heaven" as a part of an excellent constitution, and could not forgive Caesar for refusing in 59 B.C. to have his legislation paralysed by the fanatical declarations of his colleague that he was going to "look for lightning." He firmly believed in the value of the ius divinum of the State.
Similar consequences to some extent were produced by the exercise of the -ius hospitii-, in so far as by virtue of it foreigners settled permanently in Rome and established a domestic position there. In this respect the most liberal principles must have prevailed in Rome from primitive times. The Roman law knew no distinctions of quality in inheritance and no locking up of estates.
So identical were the laws concerning the gods and the laws concerning men that though in the earliest period of Roman jurisprudence the ius divinum and the ius humanum are already separated, they are separated merely formally as two separate fields or provinces in which the spirit of the law and often even the letter of its enactment are the same.
This sort of revenge differs clearly from the avenging of blood, which has already been spoken of; while the latter keeps more or less within the limits of retaliation the 'ius talionis' the former necessarily goes much further, not only requiring the sanction of the sense of justice, but craving admiration, and even striving to get the laugh on its own side.
Octavius was speedily wide-awake. He had always liked the Judge's children, and took a special interest in Lynn, who had composed the following song for him: "You must deal at the shop of Octave Ius Smith if you're anxious to save. But into the small shop of Sept We hope that you never have stept." But this was beyond everything good and thoughtful of the child.
Catiline was now under notice of prosecution for vis, and when leaving Rome he professed to be going to Marseilles, which had the ius exilii. But when it was known that he had stopped short at Fæsulæ, the senate at once declared both him and Manlius hostes, and authorized the consuls to proceed against them.
Aulus Gellius, x, 15: Matrimonium flaminis nisi morte dirimi ius non est. Tacitus, Annals, iv, 16. Ulpian, vi, 6; id. in Dig., 24, 3, 2. Pauli fragmentam in Boethii commentario ad Topica, 2, 4, 19. Paulus in Dig. ii,3, 41. Ulpian, vi, 13. Ulpian, vi, 9-17, and vii, 2-3. Pauli frag, in Boethii comm. ad Top., ii, 4, 19.
As in the ius sacrum his legal mind leads him to assume that the deities accept the responsibility of the contract, when his own part is fulfilled, so here, like a practical man of business, he assumes their construction of a code of communication, which he has learned to interpret.
Nothing so rare as beauty of the high type: genius and beauty, indeed, are both rare; genius, which is the beauty of the mind,-beauty, which is the gen ius of the body. But, of the two, beauty is the rarer. All of us can count on our fingers some forty or fifty persons of undoubted and illustrious genius, including those famous in action, letters, art.
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