On his application afterwards for aid to the pope, he excused it, saying, "fuisse vim manifestam: jam enim statuerant Scoti presbyterani personam suam parliamento Anglicano tradere, si illam declarationem ab ipsis factam non approbasset."

Nemo potest personam diu ferre fictam, says Seneca; ficta cito in naturam suam reciduntno one can persevere long in a fictitious character; for nature will soon reassert itself.

Strictly speaking, it is half-way between the argumentum ad personam, which will there be discussed, and the argumentum ad hominem.

It may be called the argumentum ad personam, to distinguish it from the argumentum ad hominem, which passes from the objective discussion of the subject pure and simple to the statements or admissions which your opponent has made in regard to it.

But he points out, "If the treaty only created a right in personam the case is different."

In the case where the treaty grants the so-called right in personam, a merely contractual or promissory right exists, and the exercise of the right would be analogous to the sale of a warship to a belligerent by the neutral granting the permission stipulated in the treaty.

Mr. Baty is of the opinion that while the belligerent might have "a right in rem to the ship so far as the civil law was concerned," it would have only a "quasi-contractual right in personam against the state in whose waters it lay, to allow it to be handed over."

If England only possessed a right in personam, this right was a valid one in times of peace and for the purposes stipulated by the terms of the treaty, but became void in time of war, and, being purely personal in character, depended upon the promise of the State through which the road passed.