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In the next reign /4/ it was decided that, in such a case, the plaintiff could not recover without having executed the release, which is explained by the editor on the ground that ex nudo pacto non oritur actio. But the most important fact is, that from Edward I. to Henry VI. we find no case where a debt was recovered, unless a consideration had in fact been received.

To a certain degree these Latin poems of the 'Clerici vagantes' of the twelfth century, with all their remarkable frivolity, are, doubtless, a product in which the whole of Europe had a share; but the writer of the song 'De Phyllide et Flora' and the 'Aestuans Interius' can have been a northerner as little as the polished Epicurean observer to whom we owe 'Dum Diana vitrea sero lampas oritur. Here, in truth, is a reproduction of the whole ancient view of life, which is all the more striking from the medieval form of the verse in which it is set forth.

A similar fallacy is committed by Cicero, in his second book De Finibus, where, speaking in his own person against the Epicureans, he charges them with inconsistency in saying that the pleasures of the mind had their origin from those of the body, and yet that the former were more valuable, as if the effect could surpass the cause. “Animi voluptas oritur propter voluptatem corporis, et major est animi voluptas quam corporis? ita fit ut gratulator, lætior sit quam is cui gratulatur.” Even that, surely, is not an impossibility; a person’s good fortune has often given more pleasure to others than it gave to the person himself.

In England the communication of venereal disease by illicit intercourse is not an actionable wrong if the act of intercourse has been voluntary, even although there has been wilful and intentional concealment of the disease. Ex turpi causâ non oritur actio, it is sententiously said; for there is much dormitative virtue in a Latin maxim.

'Beatitudo non est virtutis pretium, sed ipsa virtus. Nihil aliud est quam ipsa animi acquiescentia, quæ ex Dei intuitivâ cognitione oritur. The same spirit of generosity exhibits itself in all his conclusions.

Augustine, "Antipodes esse fabulantur, id est, homines a contaria parte terrae, ubi sol oritur, quando occidit nobis, adversa pedibus nostris calcare vestigia, nulla ratione credendum est.

Oportet vt peregrinus in finibus Hungariae transeat magnum Danubij flumen, et vadat in Belgradum; Hoc flumen oritur inter Montana Almaniae, et currens versus Orientem, recipit in se 40. flumina antequam finiatur in mare.

That mastery of phrase is astonishing. From the silver beauty of the moonlit line from his Melanippe Lumine sic tremulo terra et cava caerula candent, to the thunderous oath of Achilles Per ego deum sublimas subices Umidas, unde oritur imber sonitu saevo et spiritu they give examples of almost the whole range of beauty of which the Latin language is capable.

In Hermunduris Albis oritur, flumen inclitum et notum olim; nunc tantum auditur. XLII. Juxta Hermunduros Narisci, ac deinde Marcomanni et Quadi agunt. Praecipua Marcomannorum gloria viresque, atque ipsa etiam sedes, pulsis olim Boiis, virtute parta. Nec Narisci Quadive degenerant. Eaque Germaniae velut frons est, quatenus Danubio peragitur.

In these, I say, and these only, scandalum quod oritur ex rebus per se bonis et necessariis, non licet evitare, &c., at rerum legitimarum sed non necessariarum dispar est ratio, &c., saith a great Formalist. 12th.