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"When we read of a certain number of freemen chosen by the parties to decide in a dispute all bound by oath to vote in foro conscientia and that their decision, not the will of the judge presiding, ended the suit, we at once perceive that a great improvement has been made in the old form of compurgation an improvement which impartial observation can have no hesitation to pronounce as identical in its main features with the trial by jury."
But legislation had not yet touched the extraordinary privileges arrogated to itself by the Church. One of these, the Foro ecclesiastico, a special court for the judgment of ecclesiastical offenders against the common law, it was now proposed to abolish. It was a test measure like throwing down the gauntlet.
Having thus compounded with men, one compounded with God, when confession was generally established. Finally, Pope John XXII., who made money out of everything, prepared a tariff of sins. The absolution of an incest, four turonenses for a layman; ab incestu pro laico in foro conscientiæ turonenses quatuor.
How? by whom? in what way? where? Presto! Foro! Magico! As much knew the alchemists at their furnaces reading Herr Trippa. Only the old woman knew well the crucible, and the great work the one was cuckoldom, and the other the private property of Madame Advocate.
Fleta, L 1. c. 37. says, 'Pecorantes et Sodomise in terra, vivi confodiantur. The Mirror makes it treason. Bestiality can never make any progress; it cannot therefore be injurious to society in any great degree, which is the true measure of criminality in foro cirili, and will ever be properly and severely punished, by universal derision. It may, therefore, be omitted.
"Meministis tum, judices, corporibus civium Tiberim compleri, cloacas referciri, e foro spongiis effingi sanguinem.... Caedem tantam, tantos acervos corporum extruetos, nisi forte illo Cinnano atque Octaviano die, quis unquam in foro vidit?" Oratio prov P. Sextio, xxxv. 36. Ad Quirites post Reditum. "Ejus vir Catilina."
There are a few propositions, however, which appear to me to be sound in themselves, and calculated to solve this problem practically in the majority of cases: at least to assist the mind in coming to a safe conclusion in foro conscientiæ, in the discharge of professional duty.
Whether the peremptory order of a superior will, in foro conscientio, justify an officer who hath committed an illegal or inhuman action, is a question that an English reader will scarce leave to the determination of a German casuist with one hundred and fifty thousand armed men in his retinue. Be this as it will, Mr.
He gets his degree to-morrow." "In foro conscientiae," said the other. "Let's 'eave 'arf a brick at 'im." Jacob ignored the Latin, but the brick pleasantry was not too hard for him. There was no mandragora in the honorary draught of learning that he had bought. That was before the passage of the Pure Food and Drugs Act. Jacob wearied of philanthropy on a large scale.
"If you do remember it," cries Jones, "I find you don't understand it; but I tell thee, friend, in plain English, that he who finds another's property, and wilfully detains it from the known owner, deserves, in foro conscientiae, to be hanged, no less than if he had stolen it.
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