DAM 
Imprifonment, and taking of goods, againft three perfons; 
one commits the battery, another the imprifoimient, the 
third takes the goods, all at one time, all'are guilty of 
the whole, and to be charged in damages. 3 Lev. 324. 
In real actions damages are affeired by writ of enquiry: 
when the jury find the iffue for the plaintiff, they are to 
affefs the damages. And in actions upon the cafe, &c. 
where damages are uncertain, it is left to the jury to en¬ 
quire of them : in debt, which appears certain to the 
court what it is, the damages aflefled by the jury are 
fmall, in fact only nominal, as one (hilling; and the maf- 
ter in the king’s-bench taxeth the cods, which are added 
thereto, and called damages. 1 Lill. 390. When judgment 
is given by default, in action of debt, the court is to af¬ 
fefs the damages, and not the jury: fo if judgment by 
nil dicit, in adtion of debt. Where exceflive damages 
have been given, or there hath been any mifdemeanor in 
executing a writ of enquiry, the court hath fometimes 
relieved the defendant hy a new writ of enquiry. 2 Danv. 
464. And where damages are exceflive, on motion, the 
defendant may have a new trial. 1 Nelf. Abr. 587. In 
trefpafs againft two, one comes and pleads not guilty, 
and it is found againft him ; and afterwards another 
comes and pleads the like, and is found guilty by an¬ 
other inqueit; in this cafe the firft jury (hall aflefs all 
the damages for the trefpafs. New Nat. Br. 236. Trefpafs 
againft divers defendants, they plead not guilty feverally, 
and the jury finds them all guilty: the jury muff aflefs 
the damages jointly, for it is but one entire trefpafs, and 
made joint by the declaration, n Rep. 5. If action is 
brought for two l'everal caufes of action, one of which is 
not actionable, if entire damages are given, the verdict 
is void : contra if the damages are fevered. And where 
damages are entirely aflelfed, and they ought not to be 
given for fome part, no judgment can be given on the 
verdiCt. 10 Rep. 130. Where damages are awarded for 
delay of execution, and being kept out of the money, 
they are ufually aflelfed by allowing the party what law¬ 
ful intereft he might have. 1 Salk. 208. 
For money lent, intereft (hall be given from the time 
the money was payable, to the time of liquidating the 
debt, by the court’s giving judgment. 2 Burr. 1081, 6. 
So on a bill of exchange it is ufual to calculate the in¬ 
tereft up to the time when judgment may be entered up. 
And it is now fettled as a general rule, that where a new 
aCtion may be brought, and a new futisfaCtion obtained 
on that, for duties or demands arifen fince the commence¬ 
ment of the depending fuit, thefe (hall not be included 
in the judgment on the former aCtion. But where the 
intereft is an acceflory to the principal, and the plaintiff 
cannot bring a new aCtion for intereft grown due between 
the commencement of the aCtion and judgment, it (hall 
be included. A jury may, and now frequently do, give 
intereft on book-debts in the name of damages. Doug. 67 6. 
In aCtion upon the cafe, the jury may find lefs damages 
than the plaintiff lays in his declaration ; but ought not 
to find more, though cofts may be increafed beyond the 
fum mentioned in the declaration for damages : the 
plaintiff may releafe part of the damages, upon entering 
up his judgment. 10 Rep. 115. If he does not, but takes 
judgment for damages (exclufive of cofts) to a larger 
amount than laid in the declaration, it is error, and not 
within any of the ftatutes of amendment or jeofails. San- 
diford v. Been, MSS. In debt againft a fheriff or jailer, 
for an efcape, the jury cannot give a lefs fum than the 
creditor would have recovered againft the prifoner, viz. 
the fum indorfed on the writ, and the legal fees of exe¬ 
cution. 2 Term Rep. 126. 
In aftions upon any bond, &c. for non-performance of 
covenants, the jury (hall aflefs damages for thofe the 
plaintiff proves broken ; and the plaintiff may afiign as 
many breaches as he thinks fit- 8 & 9 Will. Ill; c. ii ; In 
debt for a penalty in articles, the jury ought to aflefs da¬ 
mages on the breach afligned under this fiatute, and (hall 
not find the debt. 2 Wilf. 377. Damages are not to be 
DAM 571 
given for that which is not contained in the plaintiff’s 
declaration; and only for what is materially alleged. 1 
Lill. 3 81. 
When damages double or treble are given in an aftion 
newly created by ftatute, if no damages were formerly 
recoverable, there the demandant or plaintiff (hall reco¬ 
ver thofe damages only, and (hall not have cofts, being 
a new creation in recompence where there was none be¬ 
fore : as upon ftat. 1&2P. & M. c. 12. for driving of dif- 
trefles out of the hundred, &c. whereby damages are 
given, the plaintiff (hall recover no cofts, only his da¬ 
mages, becaufe this aftion is newly given. But in an 
aCtion upon the ftat. 8 Hen. VI. c. 9. of forcible entry, 
which giveth treble damages, the plaintiff fliall recover 
his damages and his cofts to the treble amount, by reafon 
he was entitled to Angle damages before by the common 
law ; and the ftatute, as part of the damages, increafes 
the cofts to treble; and when a ftatute increafes damages, 
cofts (hall likewife be increafed. 2 Injl. 289. 10 Rep. 116. 
Double, treble, &c. damages, are allowed, in feveral 
cafes, by a great variety of ftatutes; as, for not fetting 
forth tithes; diftrefles wrongfully taken; refeues, See. 
though if it be not found by the jury, that the plaintiff 
hath fuftained fome damage, in cafes where treble da¬ 
mages, &c. are inflicted by law, no damages can be 
awarded. 2 Danv. Abr. 449. Plaintiff may take judgment 
de melioribus damnis where feveral damages are given, or 
enter a remittitur. Sabin v. Long, 1 Wilf. 30. The court 
in their diferetion may increafe the damages in mayhem. 
Brown v. Seymour. Wilf. 5. 3 Salk. 113. 2 Injl. 200. 
DAMALA', a town of European Turkey, in the Mo- 
rea : forty miles fouth-eaft of Napoli di Romania. 
DAMANHOU'R, or Demenhur, a town of Egypt* 
near the canal of Alexandria: thirty-two miles eaft-iouth- 
eaft of Alexandria. 
DAMAPET'TA-, a town of Hindooftan, in the coun¬ 
try of Golconda: forty-five miles north-weft of Raja- 
mundry, and 140 eaft of Hydrabad. 
DAMA'R, a town of Arabia, in the country ofYe- 
men : 136 miles north-eaft of Sanaa. 
DAMA'R, a town of Arabia, in the country of Oman: 
feventy miles north of Oman. Lat. 16. N. Ion, 67. E* 
Ferro. 
DAMA'RTS, the name of a woman. 
DAMAR ISCOT'TY, a river of United America, in 
the diftrict of Maine, which runs into the fea. Lat. 43. 
46. N. Ion. 6 9. 30. E. Greenwich. 
DAMASCE'NE, f. \_damajcenus, from Damafcus.~\ A 
fmall plum; a damfon, as it is now fpoken.—In fruits 
the white comjnonly is meaner, as in pear-plums and da- 
maj'cenes\ and the choiceft plums are black. Bacon. 
DAMASCE'NUS (John), a learned Chriftian philo- 
fopher of the eighth century, born at Damafcus, where 
his father, though a Chriftian, filled the office of coun- 
fellor of ftute to the caliph of the Saracens. He was edu¬ 
cated by a monk of Jerufalem, named Cofmus, v\ bom his 
father had redeemed from flavery ; under whofe inftruc- 
tions he made uncommon progrefsfor the age in which he 
lived, in mathematical and philofophical learning, while 
at the fame time he became thoroughly imbued with the 
mod orthodox religious doftrines of the times. After 
his father’s death he fucceeded to the ftation which he 
had filled at the caliph’s court. His religious zeal led 
him, while in that Situation, to become an active de¬ 
fender of image worftiip, and to caufe letters to be dif- 
perfed throughout the Roman empire, arraigning the 
conduct of the Iconoclafts, and, in particular, an edidt 
of the emperor Leo Ifauricus, that all images, except¬ 
ing that cf Chrift’s crucifixion, fliould be removed out 
of the churches. The effeft of thofe letters, which were 
adapted to make an impreffion on fuperftitious minds; 
was very confiderable; and it is not unlikely that they 
contributed to excite the rebellions which broke out 
among the ignorant and enthufiaftic populace, who, by 
the fuggeftions of the priefts and monks, were led to red 
