Francisci Hotomani iurisconsulti observationum liber IIII

Digest, on the administration of things belonging to the city; law 1, section "this also," Digest, on obligations and actions; which are enumerated in law "contract" 23, section "of animals," below, on rules of law. But it seems more convenient to make these species of it. The first is Divine force. Law "of rivers" 24, section "Servius," below, on damage, which is called in other places "Greater force" Vis maior force majeure, divine force θεὸς βία god-force: in law "if merchandise" 25, section "greater force," Digest, on letting; and it is separated from fatal damage in law 2, section 1, Digest, on peril and loan. Plinius writes that it is called a "Tempest," such as hail and storms: Book XVIII, chapter XXIX, from which places it is understood that "Greater force" can be defined as that which is sent from heaven and cannot be provided for by human diligence. And since Plinius calls it a "tempest," I judge that greater rains also should be referred to that number, especially those that bring a "Slump" Labes landslide/collapse: that is, those that take away the surface or crust of the field. Law "from contract" 15, section 1, and the last law, Digest, on letting. Likewise lightning, whence trees are called "lightning-struck": likewise fires, sent by those same lightnings. Likewise shipwrecks, which happen from the crashing of the heavens and storms. And the force of winds which casts down trees. To this heavenly force must also be referred that silent one, which Plinius writes in the same place is called "sterility," when the sky being silent, no one perceiving it, destruction is brought upon the crops: which others (he says) call "Rust," others "Mildew," others "Blight." Ulpianus calls it "Mildew" in the said law "from contract" 15, section 1, Digest, on letting. The second species is, Natural force: such as an Earthquake. For so it is called in law "Marcius" 59, Digest, on letting; therefore we shall refer a chasm to it, or a gaping, or a crashing which happens from an earthquake, so that the farm does not appear. The said law "from contract" 15, section 1, Digest, on letting. Cicero calls it a "Slump" Labes collapse.