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# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Against Nestorius/Book VI/Chapter 13

Chapter XIII.
He replies to the objection in which they say that the child born ought to be of one substance with the mother.
But indeed in your deceit and blasphemy you use a grand argument for denying and attacking the Lord God, when you say that “the child born ought to be of one substance with the mother.” I do not entirely admit it, and maintain that in the matter of the birth of God it would not be observed; for the birth was not so much the work of her who bore Him as of her Son, and He was born as He willed, whose doing it was that He was born. Next, if you say that the child born ought to be of one substance with the parent, I affirm that the Lord Jesus Christ was of one substance with His Father, and also with His mother. For in accordance with the difference of the Persons He showed a likeness to each parent. For according to His Divinity He was of one substance with the Father: but according to the flesh He was of one substance with His mother. Not that it was one Person who was of one substance with the Father, and another who was of one substance with His mother, but because the same Lord Jesus Christ, both born as man, and also being God, had in Him the properties of each parent, and in that He was man He showed a likeness to His human mother, and in that He was God He possessed the very nature of God the Father.

## Footnotes

* ↑ Nativitas.
* ↑ Homoousios parienti debet esse nativitas.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Against Nestorius/Book V/Chapter 8

Chapter VIII.
He confirms the judgment of the Apostle by the authority of the Lord.
And though this is the saying of an Apostle, yet it is the very doctrine of the Lord. For the same Person says this to Christians by His Apostle, who had Himself said something very like it to Jews in the gospel, when He said: “But now ye seek to kill me, a man, who have spoken the truth to you, which I heard of God: for I am not come of Myself, but He sent me.” He clearly shows that He is both God and man: man, in that He says that He is a man: God, in that He affirms that He was sent. For He must have been with Him from whom He came: and He came from Him, from whom He said that He was sent. Whence it comes that when the Jews said to Him, “Thou art not yet fifty years old and hast Thou seen Abraham?” He replied in words that exactly suit His eternity and glory, saying, “Verily, verily, I say unto you, Before Abraham came into being, I am.” I ask then, whose saying do you think this is? Certainly it is Christ’s without any doubt. And how could He who had been but recently born, say that He was before Abraham? Simply owing to the Word of God, with which He was entirely united, so that all might understand the closeness of the union of Christ and God: since whatever God said in Christ, that in its fulness the unity of the Divinity claimed for Himself. But conscious of His own eternity, He rightly then when in the body, replied to the Jews, with the very words which He had formerly spoken to Moses in the Spirit. For here He says, “Before Abraham came into being, I am.” But to Moses He says, “I am that I am.” He certainly announced the eternity of His Divine nature with marvellous grandeur of language, for nothing can be spoken so worthily of God, as that He should be said ever to be. For “to be” admits of no beginning in the past or end in the future. And so this is very clearly spoken of the nature of the eternal God, as it exactly describes His eternity. And this the Lord Jesus Christ Himself, when He was speaking of Abraham, showed by the difference of terms used, saying, “Before Abraham came into being I am.” Of Abraham he said, “Before he came into being:” Of Himself, “I am,” for it belongs to things temporal to come into being: to be belongs to eternity. And so “to come into being” He assigns to human transitoriness: but “to be” to His own nature. And all this was found in Christ who, by virtue of the mystery of the manhood and Divinity joined together in Him who ever “was,” could say that He already “was.”

## Footnotes

* ↑ S. John viii. 40, 42.
* ↑ Ibid. ver. 58.
* ↑ Exod. iii. 14.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Against Nestorius/Book VI/Chapter 15

Chapter XV.
He shows that those who patronize this false teaching acknowledge two Christs.
But still, I had begun to say, that as you certainly make out two Christs this very matter must be illustrated and made clear. Tell me, I pray you, you who sever Christ from the Son of God, how can you confess in the Creed that Christ was begotten of God? For you say: “I believe in God the Father, and in Jesus Christ His Son.” Here then you have Jesus Christ the Son of God: but you say that it was not the same Son of God who was born of Mary. Therefore there is one Christ of God, and another of Mary. In your view then there are two Christs. For, though in the Creed you do not deny Christ, you say that the Christ of Mary is another than the one whom you confess in the Creed. But perhaps you say that Christ was not begotten of God: how then do you say in the Creed: “I believe in Jesus Christ the Son of God?” You must then either deny the Creed or confess that Christ is the Son of God. But if you confess in the Creed that Christ is the Son of God, you must also confess that the same Christ, the Son of God, is of Mary. Or if you make out another Christ of Mary, you certainly make the blasphemous assertion that there are two Christs.
# North Dakota Law Review/Volume 1/Number 6/Work of Americanization Committee

WORK OF AMERICANIZATION COMMITTEE
Attorney Clarence G. Mead, of Lisbon, recently reported on the work being accomplished in Ransom County, giving these details of an essay contest in the schools of that county:
* Districts taking part—17 out of a total of 25;
* Consolidated Schools represented—9 out of a total of 11;
* One-room schools entered—35 out of a total of 50;
* City High Schools participating—3, all in the county;
* Number of Essays Written—
    024 in Consolidated High Schools;
    045 by grade pupils in Consolidated Schools;
    090 by pupils in one-room schools;
    150 by grade pupils of Lisbon and Sheldon;
    334 by High School Students of Lisbon, Enderlin and Sheldon;
    285 by grade pupils in county;
    358 by High School pupils in county.
Forty-seven elimination contests were held, ten inter-school contests, three inter-district contests, and a final contest at Lisbon. It is estimated that between 2,000 and 3,000 people were present at the various contests.
# North Dakota Law Review/Volume 1/Number 6/To Their Memory

TO THEIR MEMORY
As unafraid as they were untrained, as virtuous as they were valorous, as quiet and unassuming as later they proved courageous and resourceful, we saw them go. Without anger, without bitterness, without hatred, but with the pent-up fury of outraged humanity lurking in every crooked grin, they approached their task.
The spirits of our departed heroes saw these new millions springing to arms—saw this race of farmers and fishermen, bell-hops and bill-clerks, go on their crusade for humanity; saw them enter the arena, where yellow waters once more ran red as frothing wine; saw them strike down another citadel of oppression and tyranny, and drive its possessors into inglorious seclusion; saw Belleau Wood and Cantigny, Chateau Thierry and the Argonne, Verdun, San Mihiel and The Meuse become a part of American history, fit to take their places by the side of Little Round Top and Lookout Mountain, Chickamauga and Chancellorsville, Antietam, Shiloh and The Wilderness.
Yes, they went. And may we not forget that these, the instruments of Divine Providence, were men of flesh and blood like ourselves, men and boys from our own communities, men and boys claiming such common, ordinary things as names.
—Seck.
# North Dakota Law Review/Volume 1/Number 7/Getting a Jury in Chicago

GETTING A JURY IN CHICAGO (Editorial in Fargo Forum)
The difficulty experienced by prosecution and defense attorneys in securing a jury to try William Shepherd focuses attention again upon certain weaknesses in the jury system of trial. So far, the Chicago trial has been absurd. It has brought out all the evils that possibly can be brought out in a criminal trial. It has shown how justice can be impeded when attorneys, without any check on them, resort to subterfuges and bickerings, and take advantage of every little technicality and legal “protection” that occurs.
This is not an argument against the jury system. Not at all. So far, it is the only workable system known, and, therefore, should be respected and used for the high purpose for which it was intended: the protection of the individual, the determination of guilt or innocence and the serving of justice. But, as the New York Times pointed out the other day, “many peculiarities of the system still are those imposed on it at a time when it was of enormous importance to protect common people from the oppression and the tyranny of the great.” The Times declares that protection of the innocent often is distorted “into protection for the guilty” by the way in which attorneys make use of the jury system.
In the Shepherd case, counsel for both sides are endeavoring to secure men or women without any preconceived notion as to the guilt or innocence of the defendant. They seek people who are not familiar with the case, and that, of course, is a difficult task, for the Shepherd affair has been aired in every paper in the land for many weeks. What if the talesmen have read of it? What if they have formed some idea? Does that disqualify them? Does it preclude sane thinking and a balanced weighing of the evidence on their part? Not at all.
It is not a difficult thing for a man capable of common sense to dismiss any notion or opinions he may have of a case and to consider the evidence alone. Being unbiased in a jury box, no matter what the previous opinion, is not so difficult and not so impossible as it may sound to attorneys.
As a matter of fact, a jury should be selected for its intelligence, its ability to reason and weigh one bit of evidence against another, rather than for a lack of intelligence or disinterestedness in matters of public import. But it is the latter that attorneys frequently demand. It is the kind of a jury the attorneys are trying to find in Chicago, and if they keep at it long enough, they’ll find it. But in the meantime they are making a farce of justice.
# North Dakota Law Review/Volume 1/Number 7/Fargo Publicity Committee Talks

FARGO PUBLICITY COMMITTEE TALKS
The Cass County Bar Association is laying extensive plans for the State Bar Association meeting to be held in Fargo, September 9th and 10th.
Fargo pledges to the North Dakota Bar the biggest and best meeting that has ever been held in this State. Speakers of national importance will be provided for the scheduled programs and banquet.
While ordinarily the business program and banquet have always been the most important part of every meeting, the Cass County Association plans to provide in addition thereto entertainment for every hour not actually used in the regular business of the meeting.
The Committee in charge are particularly anxious to have a full attendance of not only the lawyers but also their ladies. To that end a Women’s Auxiliary has been formed under the direction of Mrs. A. W. Cupler of Fargo. The Auxiliary will provide entertainment for all visiting ladies.
Present plans include a luncheon the first day of the meeting for all visiting lawyers and their guests, exhibitions of golfing skill (in which visiting members may participate if they desire), a theater party, automobile tour, reception and banquet.
Fargo looks forward to your coming.
# North Dakota Law Review/Volume 1/Number 6/Women's Auxiliary

WOMEN’S AUXILIARY
At the last annual meeting of the Bar Association there was organized the Women’s Auxiliary of the Association, with Mrs. A. W. Cupler of Fargo as President.
Information from Fargo is to the effect that this will be an active, functioning organization this year, with plenty of work and entertainment provided. This assurance ought to have the effect of quieting the “shopping bogey,” and bring more members of the Bar in accord with the new slogan of “Bring the Mrs.”
# North Dakota Law Review/Volume 1/Number 7/Important U.S. Supreme Court Decisions

IMPORTANT U.S. SUPREME COURT DECISIONS (From Amer. Bar Assn. Journal)
Lewis vs Roberts. Judgments in tort for personal injuries are provable against the estate of a bankrupt. Sup. Ct. Rep. 45-357.
Oliver vs U. S. In distributing a bankrupt’s estate, a tax claim is to be paid before preferred wages, unless the particular tax has been subordinated to claims for wages by some relevant law. Sup. Ct. Rep. 45-386.
U. S. vs Kaufman. In bankruptcy proceedings against a partnership, the U. S. is not entitled to any priority of payment out of partnership assets for a tax due from an individual partner, until the partnership debts are satisfied. Sup. Ct. Rep. 45.
Wolff Packing Co. vs Court of Industrial Relations. The provisions of the Kansas Industrial Court Act respecting the fixing of hours of labor constitute merely a feature of the system of compulsory arbitration, and share the invalidity of the whole. Sup. Ct. Rep. 45-441.
Ind. Assn. of San Francisco vs U. S. A combination of manufacturers to frustrate a strike by refusing to allow contractors to buy certain domestic materials, thus incidentally diminishing interstate commerce in other materials, is not within the condemnation of the Sherman Act. Sup. Ct. Rep. 45.
Cooke vs U. S. The delivery of a contemptuous letter to a judge in chambers by counsel for a party to a pending action is not contempt committed in open court, and may not be punished summarily by the judge. Where the intention with which acts of contempt have been committed must have an important bearing on the degree of guilt, the Court can not exclude evidence in mitigation. Sup. Ct. Rep. 45-390.
May vs Henderson. The Federal Court in bankruptcy may by summary proceedings require to be turned over to the trustees: 1. Property of the bankrupt or his assignees in which any person has acquired an interest adverse to the creditors after the filing of the petition with notice of it; 2. Property which the assignees for the benefit of creditors have received within four months of the bankruptcy and dissipated without a colorable claim of right. Sup. Ct. Rep. 45-456.
U. S. vs Dunn. Where a beneficiary seeks to avoid a fraudulent transfer of the trust property by the trustee, it is not necessary to prove damages, but it is sufficient to establish—that the fiduciary has disposed of the property for his own benefit. The beneficiary of a trust may either follow the trust res fraudulently diverted until it reaches an innocent purchaser for value, or he may claim the proceeds of the sale of the res in the hands of him who fraudulently acquired it. Suit to establish an equitable claim to specific property does not bar a recovery of the proceeds of that property if it develops in the course of the trial that the defendant has conveyed it away in violation of his equitable obligation to the plaintiff. Sup. Ct. Rep. 45-451.
# North Dakota Law Review/Volume 1/Number 6/Reports of Committees

REPORTS OF COMMITTEES
An effort was made last year to have the standing committees of the Association file their annual reports with the Secretary some time prior to the annual meeting, without much success. The matter is again urged this year, and sufficiently early to permit of compliance. With the establishment of this publication, there should be afforded full opportunity for the practicing attorneys to know what matters are to be discussed and acted upon at the annual meeting. If the various committees will co-operate to the extent of presenting their reports and recommendations, in writing, to the Secretary, by the 5th of August, the August number of Bar Briefs can carry a summarization that will advise the membership sufficiently to enable them to formulate their opinions and prepare for a proper expression of them at the meeting. Full and free discussion alone may be expected to result in action that may be said to be representative of the composite opinion of the Bar membership. Free discussion may be obtained if the membership is confronted only with a program, that is, it will be free discussion among those who ​happen to be present, but the urge to be present will be much stronger if they know in advance what proposals are pressing for consideration, and the greater the attendance the fuller will be the discussion and the more representative the resulting action.
# North Dakota Law Review/Volume 1/Number 7

BAR BRIEFS
PUBLISHED MONTHLY AT BISMARCK
——By——
STATE BAR ASSOCIATION OF NORTH DAKOTA
Entered as Second Class Matter Jan. 15, 1925, at the Postoffice at Bismarck, North Dakota, Under the Act of August 24, 1912
1925 ANNUAL MEETING Fargo, September 9th
* Is There Not More to It?
* Review of Important Decisions
* Getting a Jury in Chicago
* Here and There
* Important U.S. Supreme Court Decisions
* Request for Action from Committee on Fees
* The American Law Institute
* Fargo Publicity Committee Talks
This work is in the public domain in the United States because it was published before January 1, 1929.
This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# Nicene and Post-Nicene Fathers: Series II/Volume XI/Sulpitius Severus/Doubtful Letters/Letter II/Chapter XVIII

Chapter XVIII.
Delight thyself rather in fastings than in feastings, mindful of that widow who did not depart from the temple, but served God with fastings and prayers day and night. Now, if she who was a widow, and a Jewish widow, proved herself such, what is it fitting that a virgin of Christ should now attain to? Love more than any other thing the feast of the divine word, and desire that you be filled with spiritual dainties, while you seek for such food as refreshes the soul, rather than for that which only pleases the body. Flee from all kinds of flesh and wine, as being the sources of heat and provocatives to lust. And only then, if need be, use a little wine, when the stomach’s uneasiness, or great infirmity of body, requires you to do so. Subdue anger, restrain enmity, and whatever there may be which gives rise to remorse when it is done, avoid as an abomination giving rise to immediate sin. It is fitting that that mind should be very tranquil and quiet, as well as free from all the tumults of anger, which desires to be the dwelling-place of God, as he testifies through the prophet, saying, “Upon what other man shall I rest than upon him who is humble and quiet, and who trembleth at my words?” Believe that God is a witness of all thy deeds and thoughts, and take good heed lest you either do or think anything which is unworthy of the divine eyesight. When you desire to engage in prayer, show yourself in such a frame of mind as becomes one who is to speak with the Lord.

## Footnotes

* ↑ “velut proximi criminis abominationem declina”: the text and construction are both very uncertain, so that we can only make a guess at the meaning.
* ↑ Isa. lxvi. 2.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/Sulpitius Severus/Doubtful Letters/Letter VII

Letter VII.
To an Unknown Person, Begging the Favor of a Letter.
The faith and piety of souls, no doubt, remain, but this should be made known by the evidence of a letter, in order that an increase of affection may be gained by such mutual courtesy. For just as a fertile field cannot bring forth abundant fruits, if its cultivation has been neglected, and the good qualities of soil are lost through the indolence of one who rests, instead of working, so I think that the love and kindly feelings of the mind grow feeble, unless those who are absent are visited, as if present, by means of a letter.

## Footnotes

* ↑ Most editions add “Deo gratias, Amen.”
# Nicene and Post-Nicene Fathers: Series II/Volume XI/Sulpitius Severus/Doubtful Letters/Letter III

Letter III.
A Letter of Severus to Holy Paul the Bishop.
After I learned that all thy cooks had given up thy kitchen (I believe because they felt indignant at having to fulfill the duty towards cheap dishes of pulse), I sent a little boy to you out of our own workshop. He is quite skillful enough to cook pale beans and to pickle homely beet-root, with vinegar and sauce, as well as to prepare cheap porridge for the jaws of the hungry monks. He knows nothing, however, of pepper or of laser, but he is quite at home with cumin,
and is especially clever in plying the noisy mortar with sweetly smelling plants. He has one fault, that he is no kindly foe to admit to any garden; for if let in, he will mow down with a sword all things within his reach, and he will never be satisfied with the slaughter simply of mallows. However, in furnishing himself with fuel he will not swindle you. He will burn whatever comes in his way; he will cut down and not hesitate to lay hands upon buildings, and to carry off old beams from the household. We present him, then, to you, with this character and these virtues; and we wish you to regard him not as a servant, but as a son, because you are not ashamed to be the father of very small creatures. I myself would have wished to serve you instead of him; but if good-will may be taken as in some measure standing for the deed do you only, in return, take care to remember me amid your breakfasts and delightful dinners because it is more proper to be your slave, than the master of others. Pray for me.

## Footnotes

* ↑ “renuntiasse.”
* ↑ “pulmentariis”: this word generally means some sort of relish, but here it seems to denote a kind of pottage.
* ↑ Laser was the juice of a plant called laserpitium.
* ↑ Clericus remarks, “Jocosa hæc est epistola,” but the fun is certainly of a very ponderous kind. We are, by no means, sure of the sense in some parts of the letter.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/Sulpitius Severus/Letters

Letters

## Contents

* Letter I
* Letter II
* Letter III