Balbus

From which it is concluded that, since all the parts of the world are sustained by heat, the world itself too is preserved by a like and equal nature through so long a span of time;

And since there are two most excellent forms — among solids the globe (for so it pleases me to render sphaira), among plane figures the circle or disc (which in Greek is called kyklos) — to these two forms alone it belongs that all their parts are most like one another, and the outermost is everywhere equally distant from the centre,

And, this divinity of the world being perceived, the same divinity must be assigned to the heavenly bodies, which are generated from the most mobile and purest part of the ether, and have besides no other nature mingled in, and are wholly hot and translucent, so that they too may most rightly be said both to be living and to feel and understand.

Balbus admits the truth of these arguments, but says that the opinion of Angeli is to be accepted on the ground that time immemorial is believed to have the same validity as prerogative for setting up a title, since a perfect title is presumed from such efflux of time.

‘It appears then, from what has gone before that the opinion held by Johannes Faber, Angeli, Baldus, and Franciscus Balbus, whom we have cited above, is not to be trusted, because they think that places common by the law of nations, even if not open to acquisition by prescription, can nevertheless be acquired by custom;

‘Ex superioribus etiam apparet suspectam esse sententiam Iohannis Fabri, Angeli, Baldi, et Francisci Balbi, quos supra retulimus, existimantium loca iuris gentium communia, et si acquiri non possint praescriptione, posse tamen acquiri consuetudine, quod omnino FALSVM est, eaque traditio CAECA ET NVBILA est, OMNIQVE RATIONIS LVMINE CARENS, legemque verbis non rebus imponens.