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Updated: May 19, 2025
"I would not blame him for that, Cornal," he said: "that was what the Sheriff calls damnum fatale. Upon my word, though Gilian has been something of a heart-break to myself, I must say you give him but scant justice among you here." "I can see in him but youth wasted, and the prodigal of that is spendthrift indeed." "I would not just say wasted," protested the dominie.
HINC etc.: cf. Cic. Hortensius fragm. quod turpe damnum, quod dedecus est quod non evocetur atque eliciatur voluptate? Observe the singular patriae followed by the plural rerum publicarum; the plural of patria is rare. On the significance of this passage see Lecky, Hist. of European Morals, I. p. 211, n. CUM HOSTIBUS etc.: attributive phrase; cf. Phil. 12, 27 colloquia cum acerrimis hostibus.
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.
The question, however, was still hotly disputed at the end of the fifteenth century, and was finally settled in favour of the admission of the title as late as 1645. Other Cases in which more than the Loan could be repaid. We have now discussed the extrinsic titles poena conventionalis, damnum emergens, lucrum cessans, and periculum sortis.
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.
Closely allied to the title of damnum emergens was that of lucrum cessans. According to some writers, the latter was the only true interest. Dr. Cleary quotes some thirteenth-century documents in which a clear distinction is made between damnum and interesse; and it seems to have been the common custom in Germany at a later date to distinguish between interesse and schaden.
dist di enavant in quant de isto die in posterum quantum et in adjudha et in cadhuna cosa si cum om per adjumento qualicunque caussa sic quomodo homo per si fazet; et abludher nul plaid nunquam prendrai, qui sic faciet; ab Lothario nullum consilium unquam accipiam, quod meon vol cist meon fradra Karlo in damno sit." mea voluntate isti meo fratri Carolo damnum
Yet, in the events at Cideville, and the depositions of witnesses, we have all the characteristics of witchcraft. First we have men by habit and repute sorcerers. Then we have cause of offence given to these. Then we have their threats, malum minatum, then we have evil following the threats, damnum secutum.
"Man, attend to me, because the consequences concern you. If you renounce your execrable silence, and if you confess, you will only be hanged, and you will have a right to the meldefeoh, which is a sum of money." "Damnum confitens," said the Serjeant, "habeat le meldefeoh. Leges Inæ, chapter the twentieth."
All this, of course, we must take as 'the clash of the country side, intent, as there was certainly damnum secutum, on establishing malum minatum.
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