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Nigra scuta, tincta corpora: atras ad proelia noctes legunt: ipsaque formidine atque umbra feralis exercitus terrorem inferant, nullo hostium sustinente novum ac velut infernum aspectum: nam primi in omnibus proeliis oculi vincuntur. Trans Lygios Gothones regnantur, paulo jam adductius, quam ceterae Germanorum gentes, nondum tamen supra libertatem.
Such were the days which Seged of Ethiopia had appropriated to a short respiration from the fatigues of war and the cares of government. This narrative he has bequeathed to future generations, that no man hereafter may presume to say, "This day shall be a day of happiness." No. 206. Propositi nondum pudet, atque eadem est mens, Ut bona summa putes, alien<a vivere quadr<a. JUV. Sat. v. 1.
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.
The common view that nondum was avoided because it would have implied that Cato expected to lose the canorum is certainly wrong. ET VIDETIS: 'though you see my years'. The adversative use of et for autem or tamen after the negative is not very uncommon in Cicero, but there are few examples of the usage in the speeches. Cf.
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