The legal character of this transaction is summed up in a well-known passage in the Digest: - Interdictum de precariis merito introductum est, quia nulla eo nomine juris civilis actio esset, magis enim ad donationes et beneficii causam, quam ad negotii contracts spectat precarii conditio.
The edict to this effect seems, however, not to have been in force after the death of its royal author in 1154 ("eo magis virtus legis invaluit quo eam amplius nitebatur impietas infirmare," Joh.
Fn6 Matthew Paris gives a letter from Philip, prior of the Dominicans in Palestine, which reached the pope in 1237, and which speaks of a prelate from whom he had received several letters, "qui praeest omnibus quos Nestoriana haeresis ab ecclesia separavit (cujus praelatio per Indiam Majorem, et per regnum sacerdotis Johannis, et per regna magis proxima Orienti dilatatur)."
He was much 1 Orator, § 212 " cursum contentiones magis requirunt, expositiones rerum tarditatem."
4, which is sometimes quoted to prove the existence of processions at this date, appears to use procedere in the same way as the above passages; "sl procedendum erit, nunquam magis familiae occupatio obveniat.
Non invideo equidem, miror magis, was Johnson's good-natured remark, when he was taken over his friend's fine house and pleasant gardens.