'
A majority of the members of the Society prosecuted Mr. Robertson, the
publisher of the paper, for damages; and the first judgement of the
whole Court very wisely dismissed the action: _Solventur risu tabulae,
tu missus abibis_[418]. But a new trial or review was granted upon a
petition, according to the forms in Scotland. This petition I was
engaged to answer, and Dr. Johnson with great alacrity furnished me this
evening with what follows:--
'All injury is either of the person, the fortune, or the fame. Now it is
a certain thing, it is proverbially known, that _a jest breaks no
bones_. They never have gained half-a-crown less in the whole profession
since this mischievous paragraph has appeared; and, as to their
reputation, What is their reputation but an instrument of getting money?
If, therefore, they have lost no money, the question upon reputation
may be answered by a very old position,--_De minimis non curat Praetor_.
'Whether there was, or was not, an _animus injuriandi_, is not worth
inquiring, if no _injuria_ can be proved. But the truth is, there was no
_animus injuriandi_.
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