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Flagitio additis Damnum: neque amissos colores Luna refert medicata fuco He thought they were not worthy to be trusted again: To shew them pity, in his mind, would betray the Romans to perpetual danger: Et exemplo trahenti Perniciem veniens in aevum, Si non periret immiserabilis Captiva pubes
It is to anticipate what is called damnum infectum, or damnum nondum factum, that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether the innovation be damageable or not, the judge is competent to issue a prohibition to innovate, until the point can be determined. This prompt interference is grounded on principles favourable to both parties.
It will be seen that this order of development is not quite consistent with an opinion which has been held, that it was a characteristic of early law not to penetrate beyond the external visible fact, the damnum corpore corpori datum.
Orig., f. 89: quod ipse praefatam A bene et honeste tractabit et gubernabit, ac damnum vel malum aliquod eidem A de corpore suo, aliter quam ad virum suum ex causa regiminis et castigationis uxoris suae licite et rationabiliter pertinet, non faciet nec fieri procurabit. "Except in so far as he may lawfully and reasonably do so in order to correct and chastise his wife."
There was, as the magistrate observed in his law language, damnum minatum a damage, or evil turn, threatened, and malum secutum an evil of the very kind predicted shortly afterwards following.
Just as of old, that damnum, that damage, declares itself in the 'possession' of young people, who become, more or less, subject to trances and convulsions. One of them is haunted, as in the old witchcraft cases, by the phantasm of the sorcerer. Finally, the house where the obsessed victims live is disturbed by knocks, raps, flight of objects, and inexplicable movements of heavy furniture.
It may also happen that the borrower avoids a greater loss than the lender incurs, wherefore the borrower may repay the lender with what he has gained. The usual example given to illustrate how damnum emergens might arise, was the case of the lender being obliged, on account of the failure of the borrower, to borrow money himself at usury.
Here Ertogrul was to be a Warden of the Marches, to hold his territory for the Seljuk and extend it for himself at the expense of Nicaea if he could. If he won through, so much the better for Sultan Alaeddin; if he failed, vile damnum! Hardly were his tribesmen settled, however, among the Bithynians and Greeks of Yenishehr, before the Seljuk collapse became a fact.
There was, as the magistrate observed in his law language, damnum minatum a damage, or evil turn, threatened and malum secutum an evil of the very kind predicted shortly afterwards following.
It is to anticipate what is called damnum infectum or damnum nondum factum, that is, a damage justly apprehended, but not actually done. Even before it is clearly known whether the innovation be damageable or not, the judge is competent to issue a prohibition to innovate until the point can be determined. This prompt interference is grounded on principles favorable to both parties.
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