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When we measure the goodness or the badness of a human action, we must not only measure it by the object and the end, but by all the circumstances which accompany it. Fed. Morellus, upon those words of Seneca, Refert quid, cui, quando, quare, ubi, &c., saith, that without those circumstances of things, persons, times, places, facti ratio non constat.

Livy's account of the business, however, differs from Sallust's, and the expression is perhaps not authentic. "At ego scio, Quirites, qui, postquam consules facti sunt, acta majorum, et Graecorum militaria praecepta legere coeperint. Homines praeposteri!" Speech of Marius, Sallust, Jugurtha, 85. "Caesus ab utero matris."

See also Mueller's Dorians, vol. ii. p. 41. Pueros puberos neque prius in urbem redire quam viri facti essent. Justin, iii. 3. When Themistocles sought to extort tribute from the Andrians, he said, "I bring with me two powerful gods Persuasion and Force." "And on our side," was the answer, "are two deities not less powerful Poverty and Despair!"

Far from repenting, if I had to come ten times to life in order ten times to die by these same torments, I should not hesitate to dedicate my blood and all my powers to an object so sublime. When the hangman stood above him, ready to begin the work of mutilation, he is said to have exclaimed: Mors acerba, fama perpetua, stabit vetus memora facti my death is untimely, my fame eternal, the memory of the deed will last for aye. He was only twenty-two years of age.

Unhappy race! how sweetly does St. Austin say of them "Librarii nostri facti sunt, quemadmodum solent libros post dominos ferre."

The last point which tends to teach profit, is of a Discourser; which name I give to whosoever speaks non simpliciter de facto, sed de qualitatibus et circumstantiis facti: and that is it which makes me and many others, rather note much with our pen than with our mind. Again, sometimes he gives precept of war, both offensive and defensive.

The losing party, if the jury were allowed to decide the law for him, would be deprived of his exception, and of his unquestionable right to have the law of his case pronounced upon by the Supreme Court. Ad questiones juris respondeant judices, ad questiones facti juratores.

The sages propose to themselves a nobler and more just end in so important an enterprise: "Recte facti, fecisse merces est: officii fructus, ipsum officium est."

Hi mores, hæc vita fuit, dum fata sinebant, Dum neque languebam morbis, nec inerte senectâ; Quæ tandem obrepsit, veterique satellite cæcum Orbavit dominum: prisci sed gratia facti Ne tola intereat, longos deleta per annos, Exiguum hunc Irus tumulum de cespite fecit, Etsi inopis, non ingratæ, munuscula dextræ; Carmine signavitque brevi, dominumque canemque Quod memoret, fidumque canem dominumque benignum.

Girolamo was twenty-three years of age, and exhibited no less composure at his death than resolution in his previous conduct, for being stripped of his apparel, and in the hands of the executioner, who stood by with the sword unsheathed, ready to deprive him of life, he repeated the following words, in the Latin tongue, in which he was well versed: "Mors acerba, fama perpetua, stabit vetus memoria facti."