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Indicate the points of resemblance between the scene above delineated by Homer and the formalities of the ancient 'Legis Actio Sacramenti,' as described by Gaius.
5. Explain clearly the office of the 'Intentio' in a Roman Formula. Has it any counterpart in English Pleading?
6. What peculiarities would the pleadings in a Roman Personal Action exhibit in the following cases, (1) where the plaintiff wished to admit that no more than a single instalment of a debt was at present due; (2) where the defendant alleged that the plaintiff was a slave; (3) where the defendant insisted that he had a set-off against the plaintiff's demand.
7. What was the great use of the 'Exceptio Doli Mali’ in Roman Law ?
8. Describe the 'Actio Tributoria,' and state what there was in Roman society which rendered this Action peculiarly important.
9. What arguments do you consider that the language of Gaius furnishes for and against the theory that Roman pleadings were universally framed under the superintendence of the tribunal?
10. What was · Litis Contestatio?' As soon as it was reached, in what manner were the relations of the parties to the suit changed ?
11. Explain clearly the original office of Interdicts. What were the circumstances which led to their becoming modes of litigation ?
12. What was the nature of the Possession which entitled the Possessor to an Interdict ?
13. State why it is that the views of Savigny respecting Possession are supposed to be strongly confirmed by the language of Gaius in reference to the ‘Fructuum Licitatio.'
14. Assuming that Livy has accurately related the story of Appius Claudius and Virginia, what was the exact illegality of which the Decemvir was guilty? How is this shewn by the expressions of Gaius?
15. What was the machinery which in Roman Law represented the Costs of our system?
CONSTITUTIONAL LAW. 1. What was the treason with which Algernon Sidney was charged, and what overt acts were laid in the indictment?
2. In what, if any, respects was the conviction of Sidney not according to law? Give your reasons.
3. On what grounds was the attainder of Sidney reversed? Which of these grounds appear to have been valid, and which invalid, according to the Report in Howell's State-Trials?
4. What is the law at the present time relating to the proof of hand. writing (1) in civil, and (2) in criminal cases ?
5. State the principal enactments now in force relating to Treason, and regulating the mode of trial for that crime.
6. With what qualification, according to Sir M. Hale, must the following proposition of Sir E. Coke's be taken, in order to be good law; 'An alien enemy cannot be guilty of treason; but must be dealt with by martial law'? State the grounds of your answer.
7. Can an ambassador of a foreign power, residing in this country, be tried in the same manner as a British subject for treason or felony? Illustrate your answer by examples from Hale's Pleas of the Crown, or elsewhere.
LAW OF MAGISTRATES, AND CRIMINAL LAW. 1. What is the meaning of the term 'Session of the Peace'? Why is it so called ? Give a short sketch of the origin and progress of the authority exercised by Justices of the Peace.
2. Enumerate the different kinds of business transacted (1) at Quarter Sessions, (2) at Petty Sessions.
3. Explain fully the expressions 'Justices of the Quorum,''the Quorum Clause,' 'Justices of Oyer and Terminer,' 'Summary Conviction,' 'Bench Warrant.'
4. In what cases may Justices at Petty Sessions summarily convict persons charged with larceny?
5. Describe a Recognizance, and explain how it is used in connexion with a prosecution by indictment.
6. Draw out the present form of an indictment, (1) for forgery of a cheque, (2) for manslaughter, (3) for murder, and shew in what respects the last of these would have been deficient a few years ago.
7. What proof is necessary to render the deposition of a witness, taken before a magistrate upon the examination of a prisoner on a charge of felony, admissible against such prisoner upon his trial for the felony, upon its mere production?
8. The following are held to be requisites of larceny (1) a taking, (2) a carrying away, (3) of the goods and chattels, (4) of somebody, (5) from his possession, (6) feloniously.
Give instances in which acts, which in popular language would be called 'stealing,' fail to come within the law of larceny, owing to their failure in some or one of the above requisites.
9. State shortly the principal provisions of the 11 and 12 Vic. c. 44, 'An Act to protect Justices of the Peace from vexatious actions for acts done by them in the execution of their office.'
10. Point out the difference between the Grand and Petty Jury at the Assizes, and their functions. What are the respective rights of challenge of the Crown and the prisoner upon an indictment for felony? and how are these rights to be exercised ?
Beginning, Άλλ' άγε, μοι τον όνειρον υπόκριναι, και άκουσον κ.τ.λ.
Hom. Od. xix.
Soph. Philoctet. 468–487. Beginning, Φεϋ, φευ, τί προσδέρκεσθέ μ' όμμασιν, τέκνα, κ.τ.λ. Ending, το και πρόεσθαι μαλθακούς λόγους φρενί. .
EURIP. Med. 1036_1048.
I. TRANSLATE and explain :
Beginning, Est quidem vera lex, recta ratio, naturæ congruens...
Fragm. 1. iii. Cic. de Republ. apud Lactant. II. State the arguments in favour of the Immortality of the Soul, drawn (1) from the general consent of mankind, and (2) from the nature and faculties of the mind. What remark does Cicero make on those 'qui negant animum sine corpore se intelligere posse? Explain : 'Nos enim ne nunc quidem oculis cernimus ea, quæ videmus. Neque enim est ullus sensus in corpore; sed, (ut non solum physici docent, verum etiam medici, qui ista aperta et patefacta viderunt,) viæ quasi quædam sunt ad oculos, ad aures, ad nares, a sede animi perforatæ. Itaque sæpe aut cogitatione, aut aliqua vi morbi impediti, apertis atque integris et oculis et auribus, nec videmus, nec audimus: ut facile intelligi possit, animum et videre et audire, non eas partes, quæ quasi fenestræ sunt animi; quibus tamen sentire nihil queat mens, nisi id agat et adsit.'
Tusc. Disp. 1. 20.
III. What was the common language of the Jews in the time of our Lord? Explain:
προσελθόντες οι εστωτες, είπον τω Πέτρω" αληθώς και συ εξ αυτών εί· και γαρ η λαλιά σου δηλόν σε ποιεί. Μatt. Χxvi. 73.
Shew fully the evidence for the authenticity of the Books of the New Testament which arises from the peculiar style and idiom of the different writers.
IV. State the difficulties which have been found in the following passages, and the modes of solution which have been suggested : (1) Beginning, "Οπως έλθη εφ' υμάς παν αίμα δίκαιον, κ.τ.λ.
Ending, μεταξύ του ναού και του θυσιαστηρίου. Μatt. xxiii. 35. (2) Beginning, Tότε επληρώθη το ρηθέν δια Ιερεμίου, κ.τ.λ.
Ending, καθα συνέταξέ μοι Κύριος. Μatt. Χxvii. 9, 10. (3) Beginning, Προ γαρ τούτων των ημερών ανέστη θευδάς, κ.τ.λ.
Ending, όσοι επείθοντο αυτώ, διεσκορπίσθησαν. Acts v.36, 37. V. Translate accurately the following passages, adding short explanatory notes: (1) Beginning, Υμείς δε λέγετε: "Ος αν είπη τω πατρί, κ.τ.λ.
Ending, τον πατέρα αυτού ή την μητέρα αυτού. Μatt. XV. 5. (2) Beginning, Άνευθέτου δε του λιμένος υπάρχοντος, κ.τ.λ.
Ending, το σκεύος, ούτως εφέροντο. Acts Χxvii. 12-18. (3) Beginning, Βλέπετε μή τις υμάς έσται ο συλαγωγών, κ.τ.λ.
Ending, θριαμβεύσας αυτούς εν αυτώ. Coloss. ii. 8-16. VI. State, briefly, the main design of the Epistle to the Romans, and state in what manner the following questions are introduced, and how they are answered by the Apostle:
(1) Τί ούν το περισσόν του Ιουδαίου ; ή τίς η ωφέλεια της περιτομής;
(2) Ει δε η αδικία ημων θεου δικαιοσύνην συνίστησι, τί έρούμεν; μη άδικος ο θεός ο επιφέρων την οργήν;
(3) Τί ούν έρούμεν Αβρααμ τον πατέρα ημών ευρηκέναι κατά σάρκα;
TRANSLATE into GREEK PROSE:
For the hope of the ungodly is like dust that is blown away with the wind; like a thin froth that is driven away with the storm; like as the smoke which is dispersed here and there with a tempest, and passeth away as the remembrance of a guest that tarrieth but a day. But the righteous live for evermore; their reward also is with the Lord, and the care of them is with the most High. Therefore shall they receive a glorious kingdom, and a beautiful crown from the Lord's hand: for with his right hand shall he cover them, and with his arm shall be protect them.
Wisdom of Solomon, ch. v.
For LATIN HEXAMETERS:
E’En as the bird, who midst the leafy bower
For LATIN LYRICS :
Soft and stingless now the breeze is,
Beginning, Homines Græci, quos antea nominavi,...
CICERO, Pro Sextio, 68. Give a brief account of the principal persons mentioned or alluded to in the above passage.