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Updated: May 19, 2025
The first volume of a separate list of the analogous inquisitions Ad pod damnum is also announced. Other rolls such as the LIBERATE ROLLS have not yet been published for the reigns here treated. A fine in this technical sense is an agreement arrived at by a money transaction.
The montes, although their aim was exclusively philanthropic, found themselves obliged to make a small charge to defray their working expenses, and, although one would think that this could be amply justified by the title of damnum emergens, it provoked a violent attack by the Dominicans.
The title damnum emergens never presented any serious difficulty. It was recognised by Albertus Magnus, and laid down so clearly by Aquinas that it was not afterwards questioned: 'A lender may without sin enter an agreement with the borrower for compensation for the loss he incurs of something he ought to have, for this is not to sell the use of money, but to avoid a loss.
'I was going to say Flagito additis damnum, but I think I think I see the process. Beetle, the translation of delubris, please. Beetle raised his head from his shaking arm long enough to answer: 'Ruins, sir. There was an impressive pause while King checked off crimes on his fingers. Then to Beetle the much-enduring man addressed winged words: 'Guessing, said he.
The first thing to be noted on passing from the poena conventionalis to interest proper is that the latter ground of compensation was generally divided into two kinds, damnum emergens and lucrum cessans.
The justice of the poena conventionalis was recognised by Alexander of Hales, and by Duns Scotus, who gives a typical form of the stipulation as follows: 'I have need of my money for commerce, but shall lend it to you till a certain day on the condition that, if you do not repay it on that day, you shall pay me afterwards a certain sum in addition, since I shall suffer much injury through your delay. The poena conventionalis must not be confused with either of the titles damnum emergens or lucrum cessans, which we are about to discuss; it was distinguished from the former by being based upon a presumed injury, whereas the injury in damnum emergens must be proved; and for the latter because the damage must be presumed to have occurred after the expiration of the loan period, whereas in lucrum cessans the damage was presumed to have occurred during the currency of the loan period.
"Merely," replied Sir Dugald, "that you will visit my brother knight, and let your maiden bring some medicaments for his wound, which threatens to be what the learned call a DAMNUM FATALE." Annot Lyle never lingered in the cause of humanity.
In this tower are also kept the inquisitions post mortem, from the first year of King Henry III., to the third year of Richard III. The inquisitions ad quod damnum, from the first of Edward II. to the end of Henry V. Writs of summons, and returns to Parliament, from the reign of Edward I. to the 17th of Edward IV. Popes' bulls, and original letters from foreign princes.
Although the division between these two titles was very indefinite, they did not meet recognition with equal readiness; the title damnum emergens was universally admitted by all authorities; while that of lucrum cessans was but gradually admitted, and hedged round with many limitations.
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