One known early use of the phrase is in a legal text of 1628:
Repetitio legis Imperialem de prohibita feudi alienat. per Fridericum: cum summariis & indice locupletissimo, by Horatius Montanus (
Naples, Secondino Roncagliolo, 1628). Montanus gives the example of a vassal's duty to his lord, and considers whether the vassal discharges his duty if he disobeys his lord's instructions to purchase a particular house but instead buys another house of much greater value for the same price. He concludes that you cannot legally argue whether the vassal has discharged his duty until you know the lord's attitude to the decision—because no legal argument can be made about what people may prefer. The phrase is misquoted in Act I of
Anton Chekhov's play
The Seagull. The character Shamrayev conflates it with the phrase
de mortuis nil nisi bonum (in its alternative form:
de mortuis, aut bene aut nihil: "of the dead, either [speak] good or [say] nothing"), resulting in — "Let nothing be said of taste but what is good." == See also ==