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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.
The answer is this "Besides the obligation of penance, he incurs none; quia puella habet jus usum sui corporis concedendi." Trachala published a volume which he facetiously entitled the "Laver of Conscience;" and at p. 96, he presents us with this astounding recipe to purify the conscience "An Concubinarius sit absolvendus antequam concubinam dimittat?"
This in itself might be good for a nation; but, so far as their understanding of Englishmen is concerned, it has unfortunately led them to suppose that those characteristics which they possess in so eminent a degree are proportionately lacking in the English character, which thereby incurs their contempt.
So that when a man and a woman who had lived under the rule of Thelema married each other, Rabelais tells us, their mutual love lasted undiminished to the day of their death. When the loss of autonomous freedom fails to lead to licentious rebellion it incurs the opposite risk and tends to become a flabby reliance on an external support.
The congress, in view of the vast social and moral influence of woman, urges upon every woman to sustain the things that make for peace, as otherwise she incurs grave responsibility for the continuance of the systems of militarism.
I knew, and he knew it also, that the constant custom of noble Venetians was, when once returned to their country, never to pay the debts they had contracted abroad. When means are taken to force them to payment, the wretched creditor finds so many delays, and incurs such enormous expenses, that he becomes disgusted and concludes by giving up his debtor accepting the most trifling composition.
Fenelon incurs the displeasure of the crafty, bigoted king, who, for all his pride, would resent the most trivial offence with the humbleness of humblest vanity; who was great in small things, and petty in all that was great for such was Louis XIV. Fenelon is condemned, persecuted, exiled.
Foremost amongst these is what I may call the current morality of debts. A man incurs a debt with a tradesman which he has no intention or no reasonable prospect of paying, knowing that the tradesman has no grounds for suspecting his inability to pay.
A family incurs debt; a part of the members of the house are strong and capable of productive labor, and a part are not; the whole burden of the payment comes upon the productive members of the home. The weak and helpless and the indolent, though strong, bear no part of the burden. This family has a home, and a mortgage is placed upon it to secure the present needs.
The facts disclosed in the evidence before the magistrates must be put in a legal form; the offence must be clearly and accurately defined in writing, by which the accused may be informed what specific charge he is to answer, and from which he may be able to learn what liability he incurs; whether his life is put in peril, or whether he is in danger of transportation or of imprisonment, or merely of a pecuniary fine.
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