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Sed credo deos immortalis sparsisse animos in corpora humana, ut essent qui terras tuerentur quique caelestium ordinem contemplantes imitarentur eum vitae modo atque constantia. Nec me solum ratio ac disputatio impulit ut ita crederem, sed nobilitas etiam summorum philosophorum et auctoritas.
It binds not, then, by its own authority in his mind. And what saith the canon law itself? Sed sciendum est quod ecclesiasticae prohibitiones proprias habent causas quibus cessantibus, cessant et ipsae. Hence Junius saith, that the law binds not per se, but only propter ordinem charitatem, et cautionem scandali.
We deny not, then, that the church’s canons about rites, which serve for public order and edification, do bind. We say only, that it is not the authority of the church framing the canon that binds, but the matter of the canon chiefly warranted by God’s word. Scimus enim quaecunque ad decorum et ordinem pertinent, non habenda esse pro humanis placitas, quia divinitus approbantur.
These were doubtless a class of acts which the theory of Roman jurisprudence treated merely as wrongs; but the growing sense of the majesty of society revolted from their entailing nothing worse on their perpetrator than the payment of money damages, and accordingly the injured person seems to have been permitted, if he pleased, to pursue them as crimes extra ordinem, that is by a mode of redress departing in some respect or other from the ordinary procedure.
Qua in re decernenda cum ego casu non affuissem, sensissemque id equestrem ordinem ferre moleste, neque aperte dicere: objurgavi senatum, ut mihi visus sum, summa cum auctoritate, et in causa non verecunda admodum gravis et copiosus fui." To Atticus, i. 17. A nickname under which Cicero often speaks of Pompey.
"It matters little," said Bartoline; "all I mean to say is, that Porteous has become liable to the poena extra ordinem, or capital punishment which is to say, in plain Scotch, the gallows simply because he did not fire when he was in office, but waited till the body was cut down, the execution whilk he had in charge to guard implemented, and he himself exonered of the public trust imposed on him."
The precise period of Roger is not definitely settled by the unanimous agreement of modern historians, but in the "Epilogus" of the "Glosulae Quatuor Magistrorum" it is said that Roger's "Chirurgia" was "in lucem et ordinem redactum" by Guido Arietinus, in the year of our Lord 1230. This date, while perhaps not unquestionable, is also adopted by De Renzi, the Italian historian of Medicine.
"It matters little," said Bartoline; "all I mean to say is, that Porteous has become liable to the poena extra ordinem, or capital punishment which is to say, in plain Scotch, the gallows simply because he did not fire when he was in office, but waited till the body was cut down, the execution whilk he had in charge to guard implemented, and he himself exonered of the public trust imposed on him."
The title of the work is: Historia Gothorum, Vandalorum, & Longobardorum, ab Hugone Grotio partim versa, partim in ordinem digesta: præmissa sunt ejusdem Prolegomena; ubi Regum Gothorum ordo e Chronologia, cum elogiis; accedunt nomina appellativa & verba Gothica, Vandalica, Longobardica, cum explicatione. Auctorum omnium ordinem tabula centenorum indicat.
Even Gilbert considers it advisable to preface this gruesome chapter with a sort of "Caveat emptor" apology to the reader: "Ut tamen secundum ordinem procedamus, in primis cognosactur cognoscere desiderantibus, ne dolus dolo patrocinetur, vel simplex dolose muscipula claudatur."
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