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Principio quidem illud apud plerosque milites Hispanos, pessimo sane exemplo, in more positum fuit, vti ab oculatis et fide dignis testibus perscriptum est, vt seruos suos grauissime punirent, si mercedem diurnam aut non attulissent, aut pensum in auro argentoue effodiendo non absoluissent, aut si quid leuioris denique delicti perpetrassent.
"Ac velati montis saxum de vertice praeceps Quum ruit avolsum vento, seu turbidus imber Proluit, aut annis solvit sublapsa vetustas, Fertur in abruptum vasto mons improbus actu, Exsultatque solo, silvas armenta virosque Involvens secum." The copy is found Stat.
All writers agree that this means the common law.Thus, Sir Matthew Hale says: "The common law is sometimes called, by way of eminence, lex terrae,as in the statute of Magna Carta,chap. 29, where certainly the common law is principally intended by those words, aut per legem terrae;as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III., chap. 3, which is but an exposition and explanation of that statute.
Cf. a very similar passage in The Lady of Pleasure, v. 1. The cant language of thieves. In Harman's Caveat for Cursitors, or some of Dekker's tracts, "Pedlars' French" may be found in abundance. I print this passage exactly as I find it in the MS. With a little trouble it might be turned into good law. Aut Shirley aut Diabolus. Cf.
Last night I accompanied my daughter and son-in-law to the Lyceum Theatre. On coming out we had to walk down Wellington Street into the Strand to find our carriage, and in the surging crowd about there I am almost sure I saw the Hernando Courtney whom I believed to be dead. Aut Courtney aut Diabolus.
"'Tis a very wise saying of Terence," said he, "omnibus nobis ut res dant sese; ita magni aut humiles sumus. When the King's commissioners hear of the King's navy from Spain, they are in such jollity that they talk loud. . . . In the mean time as the wife of Bath sath in Chaucer by her husband, we owe them not a word.
We might as well maintain that Greek art was not real or great, because it had nihil simile aut secundum, as say that Greek physics were a failure because they admire no subsequent progress. The charge of premature generalization which is often urged against ancient philosophers is really an anachronism. For they can hardly be said to have generalized at all.
Ac velut in somnis oculos ubi languida pressit Nocte quies, nequiquam avidos extendere cursus Velle videmur, et in mediis conatibus aegri Succidimus, nec lingua valet, nec corpore notae Sufficiunt vires aut vox et verba sequuntur is an instance of the amazing mastery with which he makes language have the effect of music in expressing the subtlest processes of feeling.
I find myself here fettered by the laws of ceremony; for it neither permits a man to speak well of himself, nor ill: we will leave her there for this time. Horace, Sat., ii. he always committed to paper his actions and thoughts, and there portrayed himself such as he found himself to be: "Nec id Rutilio et Scauro citra fidem; aut obtrectationi fuit." Tacitus, Agricola, c.
Ordinary transactions do not give scope to grace and dignity like romantic situations or prepared pageants, and the little is apt to prevail over the great, if we come to count the instances. The motto of a great actor should be aut Caesar aut nihil.
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