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Updated: May 23, 2025
"The humiliating and despised position of the illegitimate child need hardly be pointed out. He was the son of nobody, filius nullius, without name or kin so far as kinship meant rights of inheritance or of succession.
Occupancy is the advised assumption of physical possession; and the notion that an act of this description confers a title to "res nullius," so far from being characteristic of very early societies, is in all probability the growth of a refined jurisprudence and of a settled condition of the laws.
His answer, therefore, partook of the feeling of the moment. Now, there he was, ashore among the dead and dying, just as ignorant of the meaning of filius nullius, which is boy's Latin, as if he had never seen a horn-book!
"Half-blood; only half Tom and the rest, whole. Sir Reginald, no nullius young Tom, a nullius." "A nullius, Mr. Rotherham! You understand Latin, sir; what can a nullius, mean? No such rope in the ship, hey! Atwood?"
Since then it had received the position that the earth and its fruits were once res nullius, and since its peculiar view of Nature led it to assume without hesitation that the human race had actually practised the Occupancy of res nullius long before the organisation of civil societies, the inference immediately suggested itself that Occupancy was the process by which the "no man's goods" of the primitive world became the private property of individuals in the world of history.
Was the epithet, as you well term it, filius nullius?" "I rather think it was nullus though I do believe the word filius was muttered, once or twice, also." "Yes, sir, this has been the case; and I am not sorry Sir Wycherly is aware of the fact, as I hear that the young man affects to consider himself in a different point of view.
A filius nullius is the legal term for a bastard the 'son of nobody, as you will at once understand. I am fully aware that such is the unfortunate predicament of Mr. Thomas Wychecombe, whose father, I possess complete evidence to show, was never married to his mother."
I have heard it whispered that you were actually married to Martha; in which case, Tom might drop into our shoes, so readily, without any more signing and sealing." "A filius nullius," returned the other, too conscientious to lend himself to a deception of that nature. "Why, brother, Tom often seems to me to favour such an idea, himself."
The judge was a most accurate lawyer, particularly in all that related to names; and I'll engage, if he were living at this moment, he would tell you the legal appellation of a changeling ought to be filius nullius."
He leans heavily on Epicurus, and gives all praise to Socrates and to Plato; but he is comparatively free: "Nullius adductus jurare in verba magistri," as Horace afterward said, probably ridiculing Cicero. "I live for the day. Whatever strikes my mind as probable, that I say. In this way I alone am free." Let us take his dogmas and go through them one by one, comparing each with his own life.
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