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Wherefore, since the girl is not sui juris, she must be in the power, either of Virginius, who says he is her father, or of Claudius, who says he is her master. But since Virginius is not present, that she can be in the power of no one but Claudius, until Virginius arrive. I cannot resist the temptation of giving in full Mr.
I was detained at the Parliament House till nearly three by the great case concerning prescription, Maule v. Maule. This was made up to me by hearing an excellent opinion from Lord Corehouse, with a curious discussion in apicibus juris. I disappointed Graham of a sitting for my picture.
It approved and ratified the Peace of Ghent, in consideration that the prelates and clergy, with the doctors 'utriusque juris' of Louvain, had decided that nothing in that treaty conflicted either with the supremacy of the Catholic Church or the authority of the King, but, on the contrary, that it advanced the interests of both.
Many a marriage is thus concocted or destroyed between the corpus juris on the one side, and Bouffler's works on the other, while fashionable novels, as a sort of intermediate link, lie on the tables in the middle. Early in February the prince paid a visit to Brighton, where he made the acquaintance of Count D'Orsay, and was entertained by Mrs. Fitzherbert.
Nay, a story is told of a house seeming irretrievably on fire, until the flames, coming in contact with the folio Corpus Juris and the Statutes at Large, were quite unable to get over this joint barrier, and sank defeated.
Jerome thought that one man's gain in trading must always be another's loss; and that, in any event, trade was a dangerous occupation since it offered so many temptations to fraud to the merchant. St. Augustine proclaimed all trade evil because it turns men's minds away from seeking true rest, which is only to be found in God, and this opinion was embodied in the Corpus Juris Canonici.
But the true inference from the premises would be that although duress or banishment from the kingdom might be essential, yet punishment, so-called, ought not to be visited upon the offender. For he or she could not be nostri juris, and that which were abominable to us might well be reasonable to him or her, and indeed a fulfilment of the law of his being.
"We come now to the challenge: and of old the suitors in court, who were judge, could not he challenged; nor by the feudal law could the pares be even challenged. "Ad questionem juris non respondent Juratores." And this is the province of the judge on the bench, namely, to show, or teach the law, but not to take upon him the trial of the delinquent, either in matter of fact or in matter of law."
The thirty-eight years of his reign are the most brilliant period of the later Roman empire, and if the military triumphs he conceived were the work of Belisarius and Narses we must attribute to him alone the magnificent conception, the tireless energy, and the heroic purpose which established the great pillars of the Corpus Juris Civilis which is the legal foundation of mediaeval and of modern Europe, the basis of all Canon Law and of all Civil Law in every civilised country.
Gunn's note on the passage, as found in his very neat edition of our author. "Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who were sui juris, entirely free, and those who were subject to the patria potestas.
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