Actual damages must be shown to justify impounding cattle taken for damage feasant. Where there is no real damage, the cattle cannot be held for the costs.

Had a thunderbolt fallen at my feet I could not have been more thoroughly astounded […]

And since the illustrious Bishop Augustine firmly insisted on it, both the bishops of Calama met for discussion and for the third time they met in conflict concerning their different communions, while a great multitude of Christians at Carthage and througout all Africa awaited the result of the case; and Crispinus was pronounced a hertic by proconsular and libellary sentence.

And his goodness is to be admired, that it refuted not his argument in the punishment of his excusation, and only pursued the first transgression without a penalty of this the second.