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Updated: June 11, 2025
His Muse is not one of the Daughters of Memory, but the old toothless, mumbling dame herself, doling out the gossip and scandal of the neighbourhood, recounting totidem verbis et literis, what happens in every place of the kingdom every hour in the year, and fastening always on the worst as the most palatable morsels.
The obligatio literis was a written acknowledgment of debt chiefly employed when money was borrowed, but the creditor could not sue upon the note within two years from its date, without being called upon also to prove that the money was in fact paid to the debtor. Contracts perfected by consent consenses had reference to sale, hiring, partnership, and mandate.
Apud Oxonienses bonis literis Haud leviter imbutus; In urbe hac Nordovicensi medicinam Arte egregia, et foelici successu professus; Scriptis quibus tituli, RELIGIO MEDICI Et PSEUDODOXIA EPIDEMICA, aliisque Per orbem notissimus. Vir prudentissimus, integerrimus, doctissimus; Obijt Octob. 19, 1682. Pie posuit moestissima conjux Da. Doroth. Br.
'Gaudium mihi, says the latter author, 'et solatium in literis: nihil tam laete quod his non laetius, nihil tam triste quid non per hos sit minus triste. God d n ye, you scoundrel, give me my gin! ar'n't you ashamed of keeping a gentleman of my fashion so long waiting?"
Of this description are the contracts of loan, deposit, and pledge, security for indebtedness. Till the subject is actually lent, deposited, or pledged, it does not form the special contract of loan, deposit, or pledge." Next to the perfection of contracts by re, the intervention of things, were obligations contracted by verbis, spoken words, and by literis, or writings.
We need little doctrine to live at our ease; and Socrates teaches us that this is in us, and the way how to find it, and the manner how to use it: All our sufficiency which exceeds the natural is well-nigh superfluous and vain: 'tis much if it does not rather burden and cumber us than do us good: "Paucis opus est literis ad mentem bonam:"
The Institutes of Gaius and Justinian distinguish four sorts of obligation, aut re, aut verbis, aut literis, aut consenser. Gibbon, in his learned chapter, prefers to consider the specific obligations of men to each other under promises, benefits, and injuries. Lord Mackenzie treats the subject in the order of the Institutes.
Natus in Hibernia Forniae Longfordiensis, In loco cui nomen Pallas, Nov. xxix. MDCCXXXI.; Eblanse literis institutus; Obiit Londini, April iv. The following translation is from Croker's edition of Boswell's Johnson: OF OLIVER GOLDSMITH
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