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This is what is to be examined, and by that you are to judge of the vast differences betwixt man and man. Is he: "Sapiens, sibique imperiosus, Quern neque pauperies, neque mors, neque vincula terrent; Responsare cupidinibus, contemnere honores Fortis; et in seipso totus teres atque rotundus, Externi ne quid valeat per laeve morari; In quem manca ruit semper fortuna?"
Besides this aedilician action, that on pauperies may also be sometimes brought against the same defendant; for when two or more actions, especially penal ones, may be brought on one and the same ground, the bringing of one does not debar the plaintiff from subsequently bringing the other.
Thus, if a bear runs away from its owner, and causes damage, the quondam owner cannot be sued, for immediately with its escape his ownership ceased to exist. The term pauperies, or 'mischief, is used to denote damage done without there being any wrong in the doer of it, for an unreasoning animal cannot be said to have done a wrong. Thus far as to the noxal action.
He answered, I was but a young man and did not know the world, or I would not tax him with extortion, whose only aim was to live contentus parvo, and keep off importuna pauperies. My fellow traveller could not so easily put up with this imposition; but swore he should either take one-third of the money or go without.
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