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But your true theorist is a man apart: he can withdraw into himself under difficulties. What said one of the breed two thousand years ago? "Media inter praelia semper Sideribus coelique plagis Superisque vacavi." Oh, the great African heart!" said Fullalove after the battle. "By my side he fears no danger.
But he must not delay us. Bologna he dared to visit: thither the ducal pair must needs go anon. Milan received him to some purpose; Venice received him to none at all. Barbarigo was not Doge for nothing. Ferrara was busy with thoughts of piety, the whole court barefoot, howling "Fac me plagis" between the garden walls.
Dion Cassius, C. Julius Caesar, xliv. 17. "Spreta religione." Suetonius. Not perhaps Caius Cassius, but another. Suetonius says "alter e Cassiis." So says Suetonius, the best extant authority, who refers to the famous words addressed to Brutus only as a legend: "Atque ita tribus et viginti plagis confossus est, uno modo ad primum ictum gemitu sine voce edito.
I must preface the argument from precedent with a reference to what has been said already in the first Lecture about early forms of liability, and especially about the appeals. It was there shown that the appeals de pace et plagis and of mayhem became the action of trespass, and that those appeals and the early actions of trespass were always, so far as appears, for intentional wrongs. /1/
The appeals de pace et plagis and of mayhem became, or rather were in substance, the action of trespass which is still familiar to lawyers. /2/ But as the compensation recovered in the appeal was the alternative of vengeance, we might expect to find its scope limited to the scope of vengeance.
Machiavelli's writings, for example, were solid enough for the subject, yet were they easy enough to be controverted; and they who have done so, have left as great a facility of controverting theirs; there was never wanting in that kind of argument replies and replies upon replies, and as infinite a contexture of debates as our wrangling lawyers have extended in favour of long suits: "Caedimur et totidem plagis consumimus hostem;"
Glanvill /3/ mentions melees, blows, and wounds, all forms of intentional violence. In the fuller description of such appeals given by Bracton /4/ it is made quite clear that they were based on intentional assaults. The appeal de pace et plagis laid an intentional assault, described the nature of the arms used, and the length and depth of the wound.
Newman, we know what we are about and what to expect; "'Caedimur, et totidem plagis consumimus hostem. We give you a sharp cut and you return it.... But we at least have not professed to be composing an Eirenicon, when we treated you as foes." Like Archbishop Manning, Dr. Newman is reminded "of the sword wreathed in myrtle;" but Dr.
When we remember that arson was the subject of one of the old appeals which take us far back into the early law, /2/ we may readily understand that only intentional burnings were redressed in that way. /3/ The appeal of arson was brother to the appeal de pace et plagis.
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