This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licito; engaged, that is, in a lawful act, and only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to poena ordinaria.

Quid superbit homo? cujus conceptio culpa, Nasci poena, labor vita, necesse mori! Therefore, in opposition to the above-mentioned form of the Kantian principle, I should be inclined to lay down the following rule: When you come into contact with a man, no matter whom, do not attempt an objective appreciation of him according to his worth and dignity.

The important thing to remember is that these titles were really distinct. The essentials of a poena conventionalis were, stipulation from the first day of the loan, presumption of damage, and attachment to a loan which was itself gratuitous. The Summa Astesana clearly maintained the distinction between the two titles of compensation, as also did the Summa Angelica.

"It matters little," said Bartoline; "all I mean to say is, that Porteous has become liable to the poena extra ordinem, or capital punishment which is to say, in plain Scotch, the gallows simply because he did not fire when he was in office, but waited till the body was cut down, the execution whilk he had in charge to guard implemented, and he himself exonered of the public trust imposed on him."

Now at last I have disposed of the cause of moral evil; physical evil, that is, sorrows, sufferings, miseries, will be less troublesome to explain, since these are results of moral evil. Poena est malum passionis, quod infligitur ob malum actionis, according to Grotius. One suffers because one has acted; one suffers evil because one does evil. Nostrorum causa malorum Nos sumus.

This word in explanation has been thrown in to the reader, while Saddletree was laying down, with great precision, the law upon Porteous's case, by which he arrived at this conclusion, that, if Porteous had fired five minutes sooner, before Wilson was cut down, he would have been versans in licito; engaged, that is, in a lawful act, and only liable to be punished propter excessum, or for lack of discretion, which might have mitigated the punishment to poena ordinaria.

Abl. abs.==when lighter offences are committed; or abl. of circum.==in case of lighter offences. Pro modo poenarum. Such is the reading of all the MSS. Pro modo, poena is an ingenious conjecture of Acidalius. But it is unnecessary.

From that day Vivaldi sank in health; but he ended as became a sage, content to have discharged the task for which he had given up home and substance, and dying with the great Stoic's words upon his lips: Lex non poena mors.

He went off sadly to bed, and hardly once remembered, that he too would come in for certain punishment the next day. "Raro antecedentem scelestum Deseruit pede Poena claudo." After prayers the next morning Dr. Rowlands spoke to his boarders on the previous day's discovery, and in a few forcible vivid words set before them, the enormity of the offence.

We may be sure of the result. After commending her zeal for her own family, he says, "Ego vero et ejus liberis parcam, et genero, et uxori; et ad senatum scribam ne aut proscriptio gravior sit, aut poena crudelior;" adding that, had his counsels prevailed, not even Cassius himself should have perished.