A COLLECTION
OF
LATIN MAXIMS & PHRASES
THIRD EDITION
JOHN N,COTTERELL
KJ)
mi
Cornell University Library
KD 315.C84 1913
A collection of Latin maxims and phrases
3 1924 021 688 670
CORNELL
UNIVERSITY
LIBRARY
BOUGHT WITH THE INCOME
OF THE SAGE ENDOWMENT
FUND GIVEN IN 189I BY
HENRY WILLIAMS SAGE
Digitized by Microsoft®
QJnrupll ICam Bcl^aal Blibratg
Digitized by Microsoft®
This book was digitized by Microsoft Corporation in
cooperation witli Cornell University Libraries, 2007.
You may use and print this copy in limited quantity
for your personal purposes, but may not distribute or
provide access to it (or modified or partial versions of it)
for revenue-generating or other commercial purposes.
Digitized by Microsoft®
A COLLECTION
OF
LATIN MAXIMS AND PHRASES.
Digitized by Microsoft®
The original of tiiis book is in
tine Cornell University Library.
There are no known copyright restrictions in
the United States on the use of the text.
http://www.archive.org/details/cu31924021688670
' Digitized by Microsoft®
A COLLECTION
OF
LATIN MAXIMS
AND PHRASES
Xiteralli? UranslateD.
INTENDED FOR THE USE OF STUDENTS FOR
ALL LEGAL EXAMINATIONS.
BY
JOHN N. COTTERELL,
SOLICITOR AND NOTARY PUBLIC.
" Scire leges : non est verba earum tenere, sed vim ac mentem.*'
*' Maxima ita dicto quia maxima est ejus dignitas, et certissima auctorttas,
atque quod maximfe omnibus probetur." — Co. Litt., i Inst. xi.
THIRD EDITION.
LONDON :
STEVENS AND HAYNES,
BELL YARD, TEMPLE BAR.
1913-
Digitized by Microsoft®
1^0 i I
Digitized by Microsoft®
PREFACE TO FIRST EDITION.
The Author, from the commencement of his study of
the law, and more especially during his course of reading
for the intermediate and final examinations, became con-
vinced of the very great advantage to be reaped from a
knowledge of the leading Latin Maxims, now so frequently
quoted in all legal works ; those given hereafter will
be found to comprise all that occur in the recognised
examination text-books, having been collected from such
works.
It will be remembered that a maxim is a general
principle and universally approved leading truth ; there-
fore, even the most elementary student cannot do better
than store away in his memory some of the more
important of these rules as a foundation for future study.
At every law examination questions are to be found
that bear directly on some one or other of the principles
contained in these maxims, and they are often quoted,
the student being required to translate and explain
their meaning and application — they are, in fact, equally
important with Leading Cases,
Digitized by Microsoft®
VI PREFACE TO FIRST EDITION.
Those maxims only have been selected which are
constantly met with by the student, and which he would
do well to commit to memory ; leading cases are also
referred to. The explanations have been made as
brief as possible, and for deeper research the student
is referred to Broom's Legal Maxims.
Walsall, i88i.
Digitized by Microsoft®
PREFACE TO SECOND AND THIRD
EDITIONS.
After a busy and practical experience of many years
the writer can now in all earnestness — as during the
days of studentship he did in all distrust and doubtful-
ness — emulate the writer of old who said —
" Cognitio legis est copulata et complicata."
Our greatest writers of more recent years have also
recognised the intricate and ever-changing study of the
Law. The late Lord Tennyson, in that most beautiful
poem, " Aylmer's Field," tells us —
" So Leolin went ; and as we task ourselves
To learn a language known but smatteringly
In phrases here and there at random— toiled
Mastering the lawless science of our law,
That codeless myriad of precedent.
That wilderness of single instances,
Thro' which a few, by wit or fortune led.
May beat a pathway out to wealth and fame."
Those who wish to follow successfully the law as a
profession must remain students to the last, and the
leading truths and time-honoured legal principles, as
Digitized by Microsoft®
viii PREFACE TO SECOND AND THIRD EDITIONS.
defined by the maxims hereafter contained, will ever
serve alike as safe landmarks, and sheet anchors, in times
of doubt and uncertainty.
Since the publication of the First Edition, the number
of maxims (very properly defined as the condensed good
sense of nations) has been considerably enlarged, but
the student will find the more important ones prefixed
by an asterisk, and these may with advantage be
memorized.
Walsall, 1913.
Digitized by Microsoft®
A COLLECTION
LATIN MAXIMS AND PHRASES.
* 1. A verbis legis non recedendum est. The words of
tJie law must not be departed from.
Acts of Parliament must be interpreted strictly accord-
ing to the express letters of their respective clauses.
Although in certain cases an equitable construction can
be placed on the words, yet this principle is confined
within certain limits ; and a judge cannot, in favour of a
presumable intention, depart from such words when, for
anything that appears, the wording may correspond with
the design of the legislature. (See Steph. Comm.)
* 2. Accessorium non ducit sed sequitur suum prin-
cipale. The accessory does not lead but follows its
principal.
The grant of a reversion will also include a rent
incident thereto — so heir- looms follow the inheritance.
3. Accusare nemo se debet, nisi coram Deo. No one
is in duty bound to accuse himself unless before
God.
In certain cases a witness is not compelled to answer,
if by so doing he would incriminate himself. (See -Max.
No. i/i.)
B
Digitized by Microsoft®
2 A COLLECTION OF LATIN
* 4. Acta exteriora indicant interiora secreta. Overt
acts make known latent thoughts, or Acts indicate
the intention.
Where an authority given by law is abused, the person
becomes a trespasser ab initio, but not so if authority be
given by party, or in cases of mere non-feasance. {Six
Carpenters' Case, i Smith, L.C. nth ed. p. 132.)
* 5. Actio personalis moritur cum persona. A personal
action dies with the person.
In actions of tort this was formerly a general rule,
but recently its application has been so generally
narrowed that it probably affects only actions for libel
and slander. By Lord Campbell's Act, 9 & 10 Vict,
c. 93, compensation may, however, now be recovered by
the relatives of a person negligently killed. Compensa-
tion may also be recovered in some cases of trespass.
(See Chitty, i6th ed. p. 347.)
6. Actus curiae neminem gravabit. The act of the
Court shall prejudice no man.
(Cumber v. Wane, i Sm. L. C. i ith ed. p. 338.)
* 7. Actus Dei nemini facit injuriam. The act of God
causes injury to no one.
Storms, tempests, and the like, are acts of God, being
inevitable accidents not caused by man.
Digitized by Microsoft®
MAXIMS AND PHRASES. 3
8. Actus me invito, non est meuS actus. An involuntary
act is not one's own act, i.e., an act done against one's
will is not such persons act.
The law presumes coercion in certain cases — by a
husband over his wife. Intentions denominate the
action, and especially so in criminal cases. (See next
Max. and Nos. 116 and 285.)
* 9. Actus non facit reum, nisi mens sit rea. The act
itself does not make a man guilty, unless his intention
be so.
There must be a vicious will or criminal intention as
well as an unlawful act. (See Maxs. Nos. 8, 1 16 and 285.)
Where one engaged in doing a lawful act, without any
wrongful intention, unfortunately and inadvertently kills
another person, the homicide is excusable.
10. Ad questiones facti non respondent judices; ad
questiones legis non respondent juratores.
Judges do not decide questions of fact ; the jury do
not decide qiiestions of law.
This applies to trials by jury, and where the issue
turns rather upon facts than legal construction, such
method of trial is usually, but not necessarily, followed.
* 11. Aequitas factum habet quod fieri oportuit.
Equity looks upon that as done which ought to have
been done.
The doctrine of satisfaction well illustrates this prin-
ciple of law. (See Max. No. 74.) Where a person is
Digitized by Microsoft®
4 A COLLECTION OF LATIN
under an obligation to perform an act, equity looks on
it as done, and allows the same results to follow as if
it were actually done. Thus, when one who has con-
tracted to sell realty dies, the purchase money therefor
forms part of his estate, and goes to his next of kin, if
intestate, such realty being deemed in equity to be vested
in the contractee. (See Fletcher v. Ashburner, i Wh. &
Tu. 8th ed. p. 347.)
12. Aequitas nunquam contravenit leges. Equity never
opposes the law.
To supplement, and not to contravene, is its object.
* 13. Aequitas sequitur legem. Equity follows the law.
Equity cannot alter the law of the land, but follows
it.
Both in the sense of obeying the law, and conforming
to its general rules and policy, and also in applying to
equitable estates and interests the rules by which at
common law legal estates and interests of a similar kind
are governed,
14. Agentes et consentientes pari poena plectentur,
Acting and consenting parties are liable to the same
punishment.
A person aiding and abetting the actual commission of
a crime, either at the scene of its commission or else-
where, is equally liable with the perpetrator, the former
being a principal in the second degree, and the latter in
the first degree. If A., with intent to murder, inflicts on
Digitized by Microsoft®
MAXIMS AND PHRASES.
B. an injury dangerous to life, aided and abetted by C,
who is aware of the intent, they are both equally guilty
and punishable.
* 15. Alienatio rei praefertur juri accrescendi.
law favours alienation rather than accumulation.
This maxim has always been the policy of our law,
even from the time when the right of subinfeudation was
first recognised. The statutes of De Bonis, 13 Edw. I.
c. I, and Quia emptor es, 18 Edw. I. c. i, are examples in
proof of this doctrine. Also the rules against perpetuities,
which forbid any executory interests to take effect later
than a life or lives in being or twenty-one years after-
wards, allowance being made for gestation where the
same actually exists.
16. AUegans contraria non est audiendus. One who
contradicts himself is not to be heard.
A rule of evidence relative to the credibility of a
witness. Cross-examination is frequently used to this
end.
17. AUegans suam turpitudinem non est audiendus.
A person boasting of his own wrong-doing is not to
be heard.
When a person does an act which may be rightfully
performed, he cannot say that such act was inten-
tionally done wrongly. See In re Hallett, Knatchbiill v.
Hallett, 13 Ch. Div. 696, where an obiter dictum found
in the judgment of the Court is as follows : " When
we come to apply that principle " {i.e., the one given
Digitized by Microsoft®
6 A. COLLECTION OF LATIN
above) "to the case of a trustee who has blended
trust moneys with his own, it seems perfectly plain that
he cannot be heard to say that he took away the trust
money, when he had a right to take away his own
money."
* 18. Ambiguitas contra stipulatorem est. An ambiguity
is taken against the party using it.
Thus, if in a lease, words of exception be used am-
biguously, the same being words of the lessor, are
construed most strongly as against him. (See Chitty on
Contracts, i6th ed. p. 113 ; also Max. No. 272.)
* 19. Ambiguitas verborum latens verificatione sup-
pletur; nam quod ex facto oritur ambiguum
verificatione facti tollitur. A hidden ambiguity
of the words may be interpreted by evidence ; for an
ambiguity which arises from an extrinsic fact may
be removed by proof of such fact.
(See Max. No. 20.)
* 20. Ambiguitas verborum patens nulla verificatione
excluditur. A patent ambiguity of the words can-
not be removed by extrinsic evidence.
The last two maxims are most important in the
construction of contracts. Thus upon a devise, " to one
of the sons of J. S.," who has several sons, parol
evidence would not be admissible to ascertain which son
in particular was referred to. (Max. No. 19.) But where
there is a devise of " the Manor of A.," the testator
Digitized by Microsoft®
MAXIMS AND PHRASES. 7
having two estates of that description, this being a latent
ambiguity, parol evidence is admissible to explain which
was meant.
21. Amicus curie. A friend to the Court, i.e.. One who
advises disinterestedly and spontaneously.
22. Aqua cedit solo. Water passes with the soil.
From a legal point of view, water is land covered by
water, and an action cannot be brought to recover posses-
sion of a pool, &c., by the name of water only, but as so
much land covered by water. Water, being a movable
thing, must continue common, and its ownership therefore
goes with the land below.
Where a river divides the property of two different
persons, the bed of the river is equally divided between
them ; and, according to Bracton, if an island rise in mid-
stream, it belongs in common to those possessing land on
each side thereof, but if it be nearer to one bank than the
other, it belongs to the proprietor of the nearer shore.
(See Steph. Comm. Vol. I. isth ed. Cap. i.)
23. Aqua currit et debet currere. Water flows and
should be allowed to flow.
No one can have any right of property in a running
stream, but only a right to use it ; and this must be so
exercised as not to interfere with other persons possess-
ing similar rights.
24. Auotori incumbit onus proband!. The onus of proof
lies on the plaintiff.
(See Maxs. Nos. 69 and 252.)
Digitized by Microsoft®
8 A COLLECTION OF LATIN
25. Audi alteram partem. Hear the other side (i.e., Do
not condemn a man unheard.)
This is one of the fundamental principles of the British
Constitution.
* 26. Benignae faciendae sunt interpretationes char-
tarum, ut res magis valeat quam pereat. Con-
structions of documents are to be made favourably,
that the instrument may rather avail than perish.
See hereon Roe v. Tranmarr, 2 Sm. L. C. 556, which
is a most important case for reference with regard to the
construction and interpretation of written instruments.
The facts as quoted from Smith were as follows. " A., in
consideration of natural love, and of ;^ioo, by deeds of
lease and release granted, released, and confirmed certain
premises after his own death, to his brother, B., in tail,
remainder to C. (the son of another brother of A.) in fee ;
and he covenanted and granted that the premises should
after his death be held by B. and the heirs of his body,
or by C. and his heirs, according to the true intent of the
deed. Held, that the deed could not operate as a release,
because it attempted to convey a freehold in futuro, but
that it was good as a covenant to stand seised." Want
of technical knowledge on the part of contracting parties
must be allowed for. Words should be subservient to the
intention, if this can be gathered from the instrument itself.
(See Maxs. Nos. 211, 236, 250, 273, and 275.)
27. Bis dat qui cito dat. He gives twice who gives
quickly.
Digitized by Microsoft®
MAXIMS AND PHRASES. 9
28. Caveat emptor (Qui ignorare non debuit quod
jus alienum emit). Let the bjcyer beware (who
ought not to be ignorant what he buys from
another^
The law implies no warranty of goodness or quality
on sale of goods, and the maxim applies in such cases,
it being remembered that "Simplex commendatio non
obligat" (See Max. No. 255.) If goods be ordered for
any particular purpose, or of a particular description, or if
the purchaser has had no opportunity of judging for himself,
the maxim would not apply, as in such cases warranty is
implied. — Nor in cases where' there is " suppressio veri "
or " suggestio falsi " on the part of the vendor. And see
hereon Brown v. Eddington, 2 Scott, N. R. 504 ; and
Chitty on Contracts, i6th ed. pp. 63 and 726.
29. Cessante ratione legis, cessat ipsa lex. The
reason of the law being at an end, the law itself
ceases.
Reason is always the acknowledged soul of the law.
30. Chirographum apud debitorem repertum prae-
siimitur solutum. A deed found with a debtor is
presumed to be satisfied.
If a person, who has effected a mortgage on his pro-
perty, again gets the deeds into his possession, it is
presumed that the loan has been repaid, even though no
reconveyance has been taken.
*
31. Clausulae inconsuetae semper inducunt suspi-
cionem. Unusual clatises always excite suspicion.
In Twynds Case (i Sm. L. C. nth ed. p. i), a deed
containing a clause that the gift was made " honestly, truly.
Digitized by Microsoft®
lo A COLLECTION OF LATIN
and bona fide," was held fraudulent and void, even
although made for valuable consideration. (See Maxs.
Nos. 6i and 63.) The French maxim of" Quis'excuse
s'accuse " may in like cases be noted with advantage.
32. Cognovit actionem. He had admitted the action.
33. Commodum ex injuria sua nemo habere debet.
No one should have an advantage from his own
wrong.
34. Conditio sine qua non. A condition without which
the matter cannot be.
35. Consensus toUit errorem. Consent removes a mis-
take ; or, as Broom says, "-the acquiescence of a
party who might take advantage of an error, obviates
its effect"
The doctrine of waiver is referable to this maxim
(See also Maxs. Nos. 216, 217 and 222.)
»
36. Constructio legis, non fecit injuriam. Construction
of the law causes no injury.
* 37. Consuetude ex certa causa rationabili usitata
privat communem legem. A custom based on a
certain reasonable foundation obrogates the common
law.
For example may be cited the custom of gavelkind,
under which the land of a deceased person descended to
all his sons equally, and the custom of Borough English,
under which it descended alone to the youngest son.
Both these customs supersede the common law of
descent. (See Steph. Comm., Vol. I., and Maxs. Nos. 38,
153 and 197.)
Digitized by Microsoft®
MAXIMS AND PHRASES. ii
38. Consuetudo pro lege servatur. Custom is protected
by the law.
(See also Max. No. 37.)
39. Contemporanea exposlto est optima et fortissima
in lege. A contemporaneous interpretation is the
best and strongest in law.
In interpreting an old document or statute, considera-
tion must be had for the intention and intended effect at
the time of its execution, on the ground that the same
were then best known and appreciated. (See Chitty on
Contracts, i6th ed. p. 95, and Max. No. 275.)
* 40. Contra non valentem agere nulla currit prae-
scriptio. No prescription runs against one unable
to act.
Generally, prescription runs only from the time when
the plaintiff might have brought his action, unless then
under disability. In actions brought to recover land, rent,
or legacies, a certain additional time is allowed after the
disability ceases. In actions having reference only to
things strictly personal, the same time is allowed after
the disability ceases, as would have been allowed at the
time the cause of action accrued had no such disability
then existed.
* 41. Contractus ex turpi causa, vel contra bonos
mores, nuUus. A contract arising from a base con-
sideration, or against morality, is void.
A contract made in consideration of past seduction is
not binding. {Beaumont v. Reeve, 8 Q. B. 483.) Also a
betting or wagering contract.
Digitized by Microsoft®
2 A COLLECTION OF LATIN
42. Cuicunque aliquid oonceditur, conceditur et id
sine quo res ipsa esse non potuit. To whomso-
ever anything is conceded, that also is given, without
which the thing itself cannot be.
(See Max. No. 210.)
43. Cuilibet in sua arte perito est credendum. Each
one skilled in his own art is to be believed.
Medical men and other .skilled witnesses, may give
their opinion in evidence, as to the state or condition of
a patient or thing at any particular time. Expert evidence
is always admissible, but being expensive and not con-
clusive, is weighed cautiously and little relied upon.
(See Max. No. 226.)
44. Cujus est dare, ejus est disponere. Whose it is to
give, his it is to dispose ; or, as Broom says, " The
bestower of a gift has a right to regulate its
disposal."
This rule is a general one, but considerably curtailed
and qualified at the present time, especially so by the
Acts which restrict and regulate the tying up of Real
Estate, and accumulation of personal property beyond
specified periods.
45. Cujus est divisio, alterius est electio. When one
divides, the other has the right of first choice.
In the case of an estate being held in coparcenary,
partition thereof was formerly sometimes made volun-
tarily, by the eldest parcener dividing, in which case she
chose last. But by Statute 8 & 9 Vic. c. 106, s. 3, all
partitions must now be by deed in order to be binding.
(See Steph. Comm. Vol. I.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 13
46. Cujus est polum, ejus est usque ad coelum et ad
inferos. Whose is the soil, his it is even to the skies
and to the depths beloiv.
Upon a conveyance of land, simpliciter, buildings, and
timber being thereon will also pass, as also the mines
thereunder, — " donee probeter in contrarium " («>., until
the contrary is proved). Property, however, must be so
used and enjoyed as not to injure or prejudice the rights
of adjoining owners, as by overhanging buildings. (See
Max. No. 254.) This maxim affords an illustration of the
rule that the word land is nomen generalissimwn — a most
general term. (See Maxs. Nos. 188 and 224.)
47. Culpa lata dole aequiparatur. Gross negligence is
equivalent to intentional wrong.
(See Max. No. 223.)
48. Cum confitente sponte, mitius est agendum. He
who willingly confesses, should be dealt with more
leniently.
Confession to a crime, when committed, always
operates in mitigation of punishment. Penitence for
wrong-doing should not be allowed to go unrecognised.
* 49. Cum duo inter se pugnantia reperiuntur in
testamento ultimum ratum est. Where two
repugnant clauses (or statements) occur in a will,
the latter shall prevail
It will be remembered, however, that the intention
must in all cases be looked to and if possible carried
out, and the above maxim is a rule only inasmuch as
Digitized by Microsoft®
14 A COLLECTION OF LATIN
its application generally will do this. Moreover, it has
no reference to deeds, where, if there be two such re-
pugnant clauses, the first is received and the latter
rejected. (See Maxs. Nos. y8 and 275.)
50. Curia advisare vult. T/ie court desires to consider.
In difficult cases judgment is frequently reserved.
51. De fide et oflacio juridicis non recipitur quaestio,
sed de scientia sive sit error juris sive facti.
The decision of a judge may be impugned only for
error either in law or of fact, but his honesty of
purpose or office cannot be questioned.
* 52. De minimis non curat lex. The law cares not
about mere trifles.
Where the ocean gradually recedes, or washes up
sand and earth, and thus in time forms terra firma, the
land so resulting belongs to the owner of that imme-
diately behind and adjoining ; if, however, the dereliction
or alluvion be sudden, the land thus formed belongs to
the Crown. (See Westbury-on-Severn Rural Sanitary
Authority v. Meredith, 30 Ch. Div. 387.)
53. Debita sequuntur personam detaitoris. Debts
follow the debtor's person.
* 54. Debitor non praesumitur donare. A debtor is
not presumed to give.
This maxim has reference to the law of satisfaction.
Where a debtor bequeaths to his creditor a sum of money
equal to, or exceeding the amount of his debt, it is
Digitized by Microsoft®
MAXIMS AND PHRASES. 15
presumed, in the absence of any contrary intention, that
such legacy was meant arid given by the testator as a
satisfaction of the debt. (See Talbot v. Shrewsbury,
2 Wh. & Tu. 8th ed. p. 378.) This presumption of satis-
faction, however, does not arise where the debt was not
contracted until after the will was made, or where it was
secured by a Bill of Exchange or other negotiable
instrument, or where the legacy was contingent, not
payable immediately on testator's death, or of a specific
chattel. (See Snell's Equity, i6th ed. p. 184 ; also Max.
No. 56.)
* 55. Delegatus non potest delegare. An agent
cannot delegate his authority.
A principal (except by his own assent) is not bound
by the acts or contracts of subagents unless they be of
necessity, or in accordance with the usual custom of
trade. Delegata potestas non potest delegari. (See Chitty
on Contracts, i6th ed. p. 278 ; and Maxs. Nos. 194, 208,
and 280.)
56. Delicatus debitor est odiosus in lege. An extrava-
gant debtor is contemned in the eye of the law.
By the Bankruptcy Act, 1883, the Court may either
refuse a bankrupt his discharge, or suspend its opera-
tion, on proof that he has brought on his bankruptcy
by an unjustifiable extravagance in living. (See Max.
No. 54.) __^
57. Dentur omnes decimae primariae ecclesiae ad
quam parochia pertinet. All tithes must be paid
to the Mother Church to which the parish belongs.
This was a law of King Edgar, prior to which every
Digitized by Microsoft®
i6 A COLLECTION OF LATIN
man paid his tithe to whatever church or parish he
thought fit. (See Steph. Comm. 15th ed. Vol. I. p. 71.)
58. Descendit jus quasi ponderosum quid, cadens
deorsum recta linea; et nunquam reascendit
ea via qua descendit. The right of inheritance
descends like a heavy body, falling in a straight line ,-
and it never ascends by the same line that it came
dozvn.
This was one of the old laws of descent, under which
the lineal ancestor himself was always excluded, although
his issue, being the collateral heirs of the deceased, might
inherit the latter's land. Now, however, by the Inheritance
Act, 1833, 3 & 4 Will. IV. c. 106, on failure of the issue
of the purchaser, the inheritance descends to the nearest
lineal ancestor in the preferable line, provided that no
issue of a nearer deceased ancestor in that line exists.
(See Steph. Comm. Vol. I. p. 257 et seq., and Max.
No. J02.)
59. Deus solus haeredem facere potest, non homo.
God alone is able to make an heir and not man.
(See Max. No. 165.)
60. Dies Dominicus non est juridicus. Sunday is
not a day for judicial proceedings.
61. Dolosus versatur in generalibus. A deceiver deals
in generalities — i.e., uses ambiguous terms.
One of the reasons for the decision in Twines Case,
I Sm. L. C. nth ed. p. i, was "That the gift had the
Digitized by Microsoft®
MAXIMS AND PHRASES. 17
signs and marks of fraud, because it was general, without
exception even of his apparel or anything of necessity,
for it is commonly said ' quod dolosus versatttr in
generalibus.' " (See Maxs. Nos. 31 and 63.)
* 62. Domus sua cuique est tutissimum refugium. To
every man his own house is the safest refuge — i.e.,
Every man's house is his castle — " Nemo de domo
sua extrahi potest."
It has been decided, however, that the sheriff may
lawfully break into the house of a defendant in the
following cases : — where the house is recovered by any
real action, or by ejectment in pursuance of the writ
" ]tabere facias possessionem" also where the king is a
party. The house of one man is a privilege or castle
for himself only, and not for one who flies to him for
protection. {Semayn^s Case, i Sm. L. C. 121. See
Max. 162.)
63. Dona clandestina sunt semper suspiciosa.
Clandestine gifts are always suspicious.
The gift in Twyne's Case, i Sm. L. C. ilth ed. p. i,
was made in secret. .(See Maxs. Nos. 31 and 61.)
64. Donatio non praesumitur. A gift is not presumed.
The law with reference to gifts is most stringent, and
strict proof is usually required.
* 65. Donationes sint strict! juris, ne quis plus
donasse praesumatur quam in donatione
expressit. Gifts are to be construed strictly
according to law, lest any one be presumed to have
C
Digitized by Microsoft®
i8 A COLLECTION OF LATIN
given more than he may actually have set forth in
the gift or grant.
See Stat. De Bonis Conditionalibus, 13 Ed. I. c. i,
which by its enactments laid the foundation of our
present Estates Tail.
The word " heirs " was formerly necessary in order
to create by deed an estate in fee simple, or in tail ; if
land were given to a man for ever, or to him and his
assigns for ever, he would take only an estate for life.
By the Conveyancing Act the use of the word " heirs "
is no longer necessary, the words " in fee simple," or " in
fee tail," being sufficient, as the case my be.
66. Duces tecum. You must bring with you.
A form of subpoena when production of documents
is required.
67. Duo non possunt in solido unam rem possidere.
Two cannot possess the whole of one thing in its
entirety.
68. Ea quae raro laccidunt, non temere in agendis
negotiis computantur. Such things as seldom
occur, are not rashly to be taken into account in
business transactions.
* 69. Ei incumbit probatio qui affirmat, non qui
negat ; cum per rerum naturam factum
negantis probatio nulla sit. He must prove a
thing who says it, not he who denies it, since by the
nature of things he who denies a fact cannot
produce any proof ; i.e., the proof lies upon him
who affirms, and not upon him who denies.
It is a general rule that in the trial of all actions the
plaintiff should begin. (See Maxs. Nos. 24 and 252.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 19
* 70. Equality is Equity,
Persons making purchases for a joint undertaking are
held tenants in common in equity, although at law they
are joint tenants. (See Lake v. Gibson and Lake v. Craddock^
2 Wh. and Tud. L. C. Eq. 8th ed. 973.) Equity, where
possible, always favours a tenancy in common as opposed
to a joint tenancy.
* 71. Equity acts in personam : i.e., against the person.
Judgments of Courts of Law were always enforced
in rem, by writ oi fieri facias, &c., but the decrees of the
Court of Chancery could always be enforced in personam,
by attachment. (See Penn v. Lord Baltimore, i Wh. and
Tud. L. C. 8th ed. p. 800.)
* 72. Equity imputes an intention to fulfil an
obligation. {If the thing actually done might have
been done with an intention to fulfil an obligation^
The equitable doctrines of satisfaction (see Talbot v.
Duke of Shrewsbury and Chancey's Case, 2 Wh. & Tud. L.
C. Eq. 8th ed. pp. 378-9) and performance (see Wilcocks
V. Wilcocks, and Blandy v. Widmore, 2 Wh. and Tud. L. C.
Eq. 8th ed. pp. 413-14 respectively), have recourse to this
maxim, and the principle upon which they are founded
is the one therein contained.
73. Equity never wants a trustee.
Where a valid trust exists, equity will impose on the
person in whom the legal estate is vested the duty and
obligation of carrying out such trust.
Digitized by Microsoft®
io A COLLECTION OF LATIN
* 74. Equity regards the spirit and not the letter.
Equity looks at the intention of the parties, and not at
the actual words employed in any transaction. Equity
always regarded a mortgage as an instrument to secure
the repayment of money, and allowed the mortgagor to
redeem at any time, but at Common Law, unless the
mortgagor paid back the money by the day named in the
mortgage deed, his right of redemption was gone. (See
Maxs. Nos. II and 196.)
75. Erant omnia communia et indivisa omnibus,
veluti unum cunctis patrimonium esset. All
things were common and undivided to all people, as
if there were one property for all.
See Justin I. 43, c. i. While there were yet few inha-
bitants on the face of the globe, it seems probable and
reasonable that all things were in common among them,
and that each took from the public stock what he might
require for immediate purposes, and that the right of pos-
session was coexistent only with actual possession. (See
Steph. Comm. Vol. I. Book II.)
76. Esse optime constitutam rempublican, quae ex
tribus generibus illis, regali {monarchy), optimo
(aristocracy), et populari (democracy), sit modice
confusa. That State is the best constituted which is
made up in moderation of the three classes, royalty,
nobility, and commons.
The truth of this is generally admitted — our own
country, which comprises the three above essentials,
being universally acknowledged the best governed king-
dom in the world.
Digitized by Microsoft®
MAXIMS AND PHRASES. 21
77. Est boni judicis ampliare jurisdictionem (et
justitiam). It is the duty of a good judge to enlarge
his jurisdiction and also justice itself ; i.e., to extend
the remedies of the law, and without usurping jtiris-
diction, to apply its rules to the ddvancement of
justice.
Where a case comes before a court of law, in which it
has hitherto been the practice to refuse relief to the
plaintiff or defendant, as the case may be, and conse-
quently to drive such party to seek redress in the Court
of Chancery, it is expedient for all parties and the public
at large, that such court of law, and its judge, should act
in a liberal and uncramped manner, and if possible apply
the necessary remedy. (See Collins v. Blantern, i Smith,
L. C. nth ed. p. 369.) By the Judicature Acts, " law"
and " equity " are to be concurrently administered in all
Courts, but the true spirit of this maxim must ever stand
good.
* 78. Ex antecedentibus et consequentibus fit optima
interpretatio. From what goes before and what
follows, the best interpretation is arrived at.
The context must be most thoroughly looked into
before a correct interpretation can be obtained. This
maxim is one of the most important rules for the construc-
tion of contracts, which in all cases are to be favourably
construed according to their object, and the whole of their
terms. (See Chitty on Contracts, i6th ed. p. 100, and
Maxs. Nos. 26, 177, 214 and 272.)
79. Ex diuturnitate temporis omnia praesumuntur
rite esse acta. After a length of time all things
are presumed to have been properly done.
The Prescription Act, 2 & 3 Will. IV. c. 71, is in
point upon this maxim.
Digitized by Microsoft®
22 A COLLECTION OF LATIN
* 80. Ex dolo malo non oritur actio. An action doe
not arise from a fraud.
(See Maxs. Nos. 82, 182 and 234.)
* 81. Ex nudo pacto non oritur actio. An action does
not arise from a nude contract.
Every simple contract must be supported by a valuable
consideration, as money, marriage, or the like. A good
consideration {i.e., relationship, or natural love and affec-
tion) will not support an assumpsit. Chitty lays down
the rule "that a sufificient consideration or recompense
for making, or motive or inducement to make, the promise
upon which a party is charged, is of the very essence of a
contract not under seal, both at law and in equity ; and
that such consideration must exist, or the promise will be
void and no action be maintainable thereon." Such con-
sideration may be either executed, executory, concurrent
or continuing.
* 82. Ex turpi causEl non oritur actio. No action arises
from an immoral cause {or base consideration).
Contracts founded on a consideration which is contra
bonos mores are void. See also Merryweather v. Nixan
2 Smith, L. C. 398, where it was decided that there is no
right of contribution between joint tort-feasors. (See
Maxs. Nos. 80, 182 and 232.)
83. Exceptio probat regulam. Exception proves the
rule.
(See Max. No. 174.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 23
84. Executio juris non habet injuriam. The execution
of the law works no injury. Actus legis neminem
est damnosum. The act of the law is hurtful to
notie.
'■' 85. Expressio coram quae tacite insunt, nihil opera-
tur. The express mention of those things which
are tacitly implied, has no effect.
A voluntary courtesy is insufficient to support a subse-
quent promise, unless there has been an antecedent
request, and such request must be proved at the trial,
except where the consideration, though executed, is of
such a nature that it must necessarily have been moved
by a previous request, and in which case therefore, such a
statement becomes merely " expressio eorum quae tacite
insunt," and is consequently unnecessary. {Lampleigh v.
Braithwait, i Smith, L. C. nth ed. p. 141.)
86. Expressio unius est exclusio alterius. The express
mention of one thing causes the exclusion of another.
Where in a mortgage of several properties the follow-
ing general words were used, "together with all grates,
boilers, &c., and other fixtures in and about the said two
dwelling-houses and the brewhouse thereunto belonging,"
it was ruled that the fixtures in the other mortgaged
property did not pass to the mortgagee, although without
these words they would have done. By particularising
one or more members of a class, an intention may be
inferred to exclude the rest.
Digitized by Microsoft®
24 A COLLECTION OF LATIN
* 87. Expressum facit cessare taciturn. What is ex-
pressed makes what is implied to cease.
The word " demise " in a lease implies a covenant for
quiet enjoyment, but if such covenant be inserted, then
the maxim will not apply. Implied contracts in law exist
only where there is no express promise between the parties.
(See Chitty on Contracts, i6th ed. pp. 47 and 385.)
* 88. Falsa demonstratio non nocet. An erroneous
description does not vitiate.
Where in the former part of an instrument there is to
be found a sufficiently clear and certain description, it
will not be vitiated by a subsequent erroneous addition.
(See Chitty on Contracts, i6th ed. p. 104, and Maxs.
Nos. 89 and 274.)
89. Falsa orthographia, sive falsa grammatica, non
vitiat concessionem. Incorrect spelling or un-
grammatical expressions do not mar a gift.
(See Maxs. Nos. 88 and 146.)
90. Falsus in uno falsus in omnibus. False in one
thing false in all.
It will always be found best, " honeste vivere, alterum
non laedere, sua cuique tribuere." Honesty is the best
policy ; once a knave always a knave.
91. Fatetur facinus qui judicium fugit. He who flies
from justice acknowledges himself a criminal.
Under such circumstances the presumption is one of
guilt.
Digitized by Microsoft®
MAXIMS AND PHRASES. 25
* 92. Fides est obligatio conscientiae alicujus ad in-
tentionem alterius. A ti-ust is the obligation of
on^s conscience to fulfil the intention of another.
A trust is also defined as a beneficial interest in, or
ownership of, real or personal property, unattended with
the legal ownership thereof. (Snell's Eq. i6th ed.
Part II.)
93. Fieri non debuit, sed factum valet. It ought not
to have been done, but having been done is valid.
A marriage by persons under the age of twenty-one
years without the consent of their father is valid, although
by 4 Geo. IV. c. 76, s. 16, such consent is made requisite.
(See Max. No. 228.)
94. Foreclose down, redeem up.
A mortgagee can only foreclose those claiming an
interest in the mortgaged property after himself ; but a
mortgagor must redeem every mortgage, and any
mortgagee, in order to obtain the rights of a first
mortgagee, must redeem all mortgages prior to his own.
(See Snell's Eq. i6th ed. Chap. XVI.)
95. Fractionem diei non recipit lex. The law takes no
note of a fraction of a day.
When an act has to be done on a certain day, the
whole of that day is allowed in which to do it. This
rule has exceptions, however, for in case of documents
registered on the same day, priority of registration may
be shown by the numbers, and this becomes, at times, of
the utmost importance.
Digitized by Microsoft®
26 A COLLECTION OF LATIN
96. Prater fratri sine legitime haerede defuncto, in
beneficio quod eorum patris fuit, succedat ;
sin autem unus e fratribus a domino feudum
acceperit, eo defuncto sine legitimo haerede,
frater ejus in feudum non succedit. A brother
may succeed a brother who has died without lawful
heir in the benefice which belonged to their father ;
but if one brother shall have received a feud from
a lord, if he dies without a lawful heir, his brother
does not succeed to the feud.
This is one of the old laws of inheritance, which are
still of importance as leading to a perfect understanding
of the Act of 1833. Formerly no one could succeed to
an inheritance unless he was not only of the blood of
the purchaser, but also his lineal issue, consequently one
brother could not succeed to another brother's inherit-
ance, of which the latter was the purchaser, because he
could not be his brother's lineal issue, but where the
inheritance had originally descended from an ancestor,
one brother could succeed another, as he might be the
lineal issue of such ancestor. (See Steph. Comm. I.
15th ed. p. 257 et seq., also next Maxim and No. 203.)
97. Prater fratri uterino non suceedat in haereditate
paternS,. A brother shall not succeed a brother of
the half blood in the father s estate.
Another old law of inheritance, under which the half-
blood were totally excluded, the land escheating to the
lord of the manor rather than go to a kinsman bearing
this relationship to the person from whom descent was
to be traced. Now, however, since the Inheritance Act,
s. 9, it is otherwise, the place in which any such relation
by the half-blood stands in the order of inheritance being
next after any relative in the same degree of the whole
blood, and his issue, where the common ancestor is a
Digitized by Microsoft®
MAXIMS AND PHRASES. 27
male, and next after the common ancestor, where such
common ancestor is a female. (See Steph. Comm. I.
15th ed. p. 257 et seq., also last Maxim and No. 203.)
98. Fraus est celare fraudem. He who conceals a fraud
perpeti-ates one himself.
This illustrates the doctrine of constructive frauds.
Where a man designedly produces a false impression on
another, and the latter consequently commits some act,
or enters into some contract, injurious to himself and his
own interests, the former is guilty of fraud. (See Max.
No. 260.)
99. Prustrk fit per plura, quod fieri potest perpauciora.
That is unnecessarily done by many [words), tvhich is
capable of being done by fewer.
That the force of this maxim has been appreciated by
our legislature is shown and evidenced by most of the
recent Acts of Parliament, and especially so by the
Conveyancing and Law of Property Act, 1881, which has
considerably curtailed the length of many legal documents.
Accuracy and precision are ever to be commended in
preference to verbosity. Short titles are now given to all
important statutes.
100. Puriosus solo furore punitur. Let a madman be
ptmished by his madness alone.
Thus, in general, idiots and lunatics are not liable on
contracts, and bear a certain analogy to infants. (Chitty
on Contracts, i6th ed. pp. 158-61.)
Digitized by Microsoft®
38 A COLLECTION OF LATIN
101. Generalis regula generaliter est intelligenda. A
general rule must be generally understood.
102. Haereditas nunquam ascendit. Inheritance never
ascends.
This rule was exploded by 3 & 4 Will. IV. c. 106, s. 6,
by which, on failure of issue of the purchaser, the inherit-
ance goes to the nearest lineal ancestor. Bracton and
Lord Coke compared the descent of an inheritance to
that of a falling body, which never went upwards in its
course. " Descendit jus quasi ponderosum quid, cadens
deorsum rectS linea : et nunquam reascendit ea vii qud
descendit." (See Max. No. 58.)
103. Haeres legitimus est quam nuptiae demonstrant.
He is the legitimate heir whom marriage declares.
* 104. He who comes into equity must come with clean
hands.
An infant, although not generally liableon his contracts,
cannot make use of his own fraudulent acts as a means
whereby to benefit himself
* 105. He who seeks equity must do equity.
It is in pursuance of this maxim that the right of the
wife's equity to a settlement is enforced. (Snell's Eq.
1 6th ed. p. 13.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 29
106. Hoc quidem perquam durum est, sed ita lex
scripta est. This indeed is hard, but it is the
zvritten law.
Although, in some cases, equity mitigated the rigours
of the law, yet in others it was quite incapable of so
doing ; as, for example, many of the old laws of inheri-
tance were certainly hard and unjust, yet equity gave no
relief, the legislature having to intervene with the Act
3 & 4 Will. IV. c. 106.
107. Ibi esse poenam ubi et noxa est. Tlie punishment
should be in the same place as the guilt.
This is so according to the dictates of common sense
and fairness.
* 108. Id eertum est quod certum reddi potest. That
is certain which can be reduced to a certainty.
This maxim is ahke a rule of logic as of law. Customs
must not be optional, but compulsory, reasonable, defi-
nite, &c.
109. Idem est non esse et non apparere. Not to be and
not to legally prove are the same thing.
According to the laws of evidence, where he, on whom
the onus of proving the afifirmative lies, fails in such
proof, the contrary is presumed, though there be no
evidence in support of such presumption.
* 110. Ignorantia facti excusat, ignorantia juris (quod
quisque tenetur scire) neminem excusat. Ignor-
ance of fact excuses, ignorance of the law
Digitized by Microsoft®
30 A COLLECTION OF LATIN
{which every one is presumed to know) excuses
no one.
Applicable only to the general laws of the country
" quod quisque tenetur scire!' No action can be maintained
to recover money paid under process of law. (See
Harriot v. Hampton, 2 Sm. L. C. 421, and Snell's Eq.
i6th ed. p. 393, and Max. No. 176.)
111. In consimili casu, consimile debet esse remedium.
In similar cases, the remedy should be similar.
(See Max. No. 265.)
* 112. In contractu tacite insunt quse sunt moris et
consuetudinis. Those things which are customary
and of general usage are tacitly implied in a con-
tract.
As a general rule, the law of the country in which a
contract is entered into presumably governs its interpre-
tation in the absence of a contrary and express intention
of the parties. {Jacob v. Credit Lyonnaise, 12 Q. B. D.
p. 600.)
113. In criminalibus probationes debent esse luce
clariones. In all criminal charges the proofs should
be as clear as day.
An accused person is always entitled to receive the
benefit of the doubt if any such exists on the evidence.
114. In judicio non creditur nisi juratis. In a trial only
sworn witnesses are believed.
This has been modified of late years, especially by
Digitized by Microsoft®
MAXIMS AND PHRASES. 31
17 & 18 Vict. c. 125, which, inter alia, provides that any
person called as a witness, who shall refuse or be un-
willing to be sworn from conscientious motives, may
make affirmation instead. (As to the form of such
affirmation, see 31 & 32 Vict. c. 72.)
* 115. In jure, non remota, sed proxima spectantur.
The law has regard to things near at hand, and
not to those remote.
Especially applicable in questions of damages, with
reference to which one of the most important rules is,
that they must not be too remote, but must be the
natural and probable result of the defendant's wrongful act.
Mayne on Damages says : " Damage is said to be too
remote when, although arising out of the cause of action,
it does not so immediately and necessarily flow from it,
as that the offending party can be made responsible for
it." (See also hereon Hadley v. Baxendale, 9 Ex. 343,
and Kelly v. Partington, 5 B. & A. 645.)
116. In maleficiis voluntas spectatur non exitus. In
criminal acts the intention is to be sought or
examined rather than the result.
A bad or criminal intention must be shown in all such
cases. (See Maxs. Nos. 9 and 285.)
* 117. In pari delicto potior est conditio defendentis.
In case of equal fault the position of the defendant
is the better.
Where an immoral contract has been executed, and
Digitized by Microsoft®
32 A COLLECTION OF LATIN
both parties are equally in fault, the maxim applies, and
the contract will not be set aside. In divorce actions, a
wife guilty herself of adultery is not entitled to a decree
nisi for which she may petition as against an offending
husband. (See Chitty on Contracts, i6th ed. p. 695, and
next Max.)
118. In pari delicto potior est conditio possidentis.
In case of equal guilt, the condition of the possessor
is the better.
Where a marine policy is void, ab initio, from a cause
not amounting to any fraud or breach of law on the part
of the assured, the insurer is bound to return the premium
paid ; yet, when such policy is void by reason of fraud on
the assured's part, the latter cannot then reclaim the
premium, and the rule applies. (See Steph. Comm, II.
pp. 88-9, and last Max.)
119. In presumptione juris semper sequitas existit.
Equity is always to be found in a prestimption of
law.
\ Where the object of such presumption is satisfied, and
there is no equity in continuing it, it should cease. (See
Colborne v. Patmore, 4 Tyrwh. 677 ; C. M. & R. 73.)
120. In re communi potior est conditio prohibentis.
In a partnership the condition of one who forbids is
the more favourable.
When partners are equally divided, those who forbid
any change or other alteration have the better right.
Digitized by Microsoft®
MAXIMS AND PHRASES. 33
121. In sooietatis contractibus fides exuberet. The
strictest good faith must be exercised in partnership
transactions.
The highest standard of honour is requisite from every
member of a partnership towards every other member of
the firm.
122. In testamentus plenius testatoris intentionera
scrutamur. In wills we seek more especially for
tlie testator's intention.
This intention must be agreeable to law, and the intent
must be collected from the actual words of the will. (See
Maxs. Nos, 123,273, and 275.)
123. In testamentis plenius voluntates testantium
interpretantur. In wills the wishes of testators
are more liberally expounded.
Thus Broom says : " A will should receive a more
liberal construction than its strict meaning, if alone
considered, would permit." (See Maxs. Nos. 122, 273,
and 275.)
124. In traditionibus chartarum non quod dictum sed
quod factum est inspicitur. In the delivery of
deeds, not what was said at the time, but what was
done, must be looked at.
A document under seal may be delivered to a third
person only, to be delivered by him to the grantee, when
the latter has performed certain specified conditions.
Such documents are known as escrows,, and do not
D
Digitized by Microsoft®
34 A COLLECTION OF LATIN
acquire the force of a deed until the conditions precedent
have been fulfilled and delivery thereupon made to the
grantee. (See Staph. Comm. I. Cap. XVII., and Max,
No. 264.)
125. Ineertam et caducam haereditatem relevant.
They take tip again a doubtful and lapsed inherit-
ance.
Upon the succession to a feud, on the death of the last
tenant, the heir formerly succeeded thereto not as of
right, but only by the favour of the lord of the manor, to
whom a fine, called a relief, was paid — this relief con-
tinued payable even after feuds became hereditary,
although the reason for its being claimed had ceased.
(See Steph. Comm. Vol. I. Cap. II.)
126. Injuria non excusat injuriam. One wrong does not
justify another. Or to use a colloquial expression.
Two wrongs will not make a right.
127. Interest reipublicae, ut sit finis litium. It is to
the advantage of the State that there should be a
limit to lawsuits.
The Statutes of Limitations have been passed with a
view to limit the time within which actions may be
brought. But for these Statutes, a plaintiff might delay
bringing his action until the defendant had lost, by
casualty or otherwise, the evidence on which his case
rested. (See Steph. Comm. III. Cap. XIII., and Max.
No. 282.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 35
128. Invito beneficium non datur. A benefit is not
conferred upon an unwilling recipient.
No one can be compelled to accept a gift against his
wish. A legatee may refuse a gift, an executor may
renounce probate, and a trustee may disclaim his office.
129. Judices non tenetur exprimere causam sententiae
suae. Jtcdges are not compelled to give reason for
their opinions ; \.g. judgments or sentences.
It is the general opinion that judges not only ought
not to be compelled to explain, but also that they should
not do so voluntarily. Recent years have witnessed a
few instances in which an explanation has been vouch-
safed ; but it has been almost universally disapproved of
by members of the legal profession.
130. Judicis est judicare secundum allegata et probata.
It is the duty of a judge to decide according to facts
alleged and proved.
In every action a litigant should be prepared to
adduce proof of all facts upon which his case depends.
131. Judicis est jus dicere non dare. It is for the judge
to administer, not to make the law.
Unwilling magistrates frequently shield themselves
behind this, at times, very convenient rule.
132. Jura publica anteferenda privatis. Public rights
are to be preferred to private ones.
133. Juris praecepta sunt haec : honeste vivere,
alterum non laedere, suum cuique tribuere.
The maxims (or requirements) of the law are :
Digitized by Microsoft®
36 A COLLECTION OF LATIN
To live honourably. To injure no one. To render
to every one his due.
* 134. Jus accrescendi inter mercatores locum non
habet, pro beneficio commercii. The right of
survivorship has no existence among merchants, for
the encouragement of trade.
* 135. Jus accrescendi praefertur oneribus ac ultimae
voluntati. The right of survivorship is prefen-ed
to encumbrances and to the last will.
This has reference to, and forms one of, the principal
rules affecting joint tenancies. Dower and courtesy do
not apply to joint estates.
136. Jus respicit aequitatem. Law has regard to equity.
(See Jud. Act, 1873, sec. 25, ss. 11, and Max. No.
141.)
137. Leges posteriores priores abrogant. Subsequent
laws repeal former ones.
Statutes may repeal prior ones, either by express
provision or by implication. Every statute impliedly
repeals an earlier one, so far as the latter is contrary
thereto. Unless otherwise expressed, a statute must be
construed as prospective in its operation. (See Steph.
Comm. I. p. 43, and Max. No. 233.)
138. Leges sola memoria et usu retinebant. Laws
were only preserved by memory and custom.
Among the primitive Saxons, owing to the small skill
Digitized by Microsoft®
MAXIMS AND PHRASES. 37
in writing that generally obtained, all laws were tradi-
tional, being handed down from one generation to another
solely by word of mouth. Our " unwritten " or Common
Law of the present day, however, is not merely oral, but
is to be sought in the records of the various Courts
and in the reports of judicial decisions, (See Steph.
Coram. I. sec. III.)
139. Lex non cogit ad impossibilia. The law does not
force to impossibilities.
This rule does not apply where a thing is impossible
on account only of the defendant's personal inability to
perform a contract. (See Chitty on Contracts, l6th ed.
pp. 763-4, and Max. 170.)
140. Lex prospicit non respicit. The law looks forward-,
not backward.
It is but seldom that statutes are made retrospective.
141. Lex respicit aequitatem. The law lias regard to
equity.
The provisions of the Judicature Acts are a good
illustration. (See Max. No. 136.)
142. Linea recta semper praefertur transversali. The
right line is always preferred to the collateral.
By 3 & 4 Will. IV. c. 106, " The lineal descendants in
infinitum of any persons deceased shall represent their
ancestor ; that is, shall stand in the same place as the
person himself would have done had he been living."
Digitized by Microsoft®
38 A COLLECTION OF LATIN
The eldest male alone inherits where two or more are in
equal degree of consanguinity to the purchaser ; females
inherit altogether. (See Williams on Real Property, 20th
ed. Cap. IX.)
143. Littera scripta manet, vox emissa volat. What
is written endures, things spoken speed away.
The distinction of damages in actions for libel and
slander form a good illustration of what is meant by this
maxim, (See Max. No. 286.)
144. Lofcus regit actum. The place governs the act.
The law of the place where a legal transaction was
entered into — Lex loci contractus — usually governs its
validity.
* 145. Magis de bono quam de malo lex intendit. The
law is in favour rather of a good than of a bad
construction {or intention).
If in a contract the words used ar,e capable of two
constructions, thfe one in conformity with, and the other
against the law, the former is adopted. Every accused
person is presumed in the law to be innocent until he be
proved guilty. (See Chitty on Contracts, i6th ed. p. 97,
and Max. No. 169.)
146. Mala grammatica non vitiat chartam. Bad
grammar does not vitiate a deed or document.
(See Chitty on Contracts, i6th ed. p. 112, and Max.
No. 89.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 39
147. Malus usus est abolendus. An evil custom ought
to be abolislied.
148. Melior est justicia vere praeveniens quam severe
puniens. Justice is better when it prevents rather
than punishes tvith sevet-ity.
149. Melius est petere fontes quam sectari rivulos. It
is better to go to the fountain head than to follow
rivulets.
All students will find this advice the best and safest
to follow. (See Preface to this edition.)
150. Minatur innocentibus qui parcit nocentibus. He
who spares the guilty threatens the innocent.
151. Minimi mutanda sunt quae eertam habet inter-
pretationem. Such things as have a clear inter-
pretation ought to be changed but little.
This maxim is well illustrated by many of the old-
fashioned technical terms used in . conveyancing, and
which by long usage have obtained a well-defined mean-
ing, and one that cannot be well met by the use of any
other word or expression, as the case may be.
* 152. Mobilia sequuntur personam. Movables follow
the person.
On an intestacy, personal chattels are distributed
Digitized by Microsoft®
40 A COLLECTION OF LATIN
according to the law of the country where deceased was
domiciled at the time of death, and not according to the
law of the place where they happen to be located.
* 153. Modus et conventio vincunt legem. Custom
and agreement overrule the law.
This is one of the leading principles relative to the law
of contracts. The exceptions to the rule here laid down
are in cases against public policy, morality, &c. (See the
case of Richardson v. Langridge, Tudor's L. C. Convey.
4th ed. p. 4; Chitty on Contracts, i6th ed. p. 592, and
Maxs. Nos. 37 and 197.)
154. Mors dicitur ultimum supplicium. Death is said
to be the extreme penalty.
Death is the utmost limit of all things. Capital
punishment is now only inflicted in cases of high treason
and murder.
155. Multi multa, nemo omnia novit. Many have
known many things ; no one has known everything.
So long, at least, as the law is ever changing, this
must remain true.
156. Mutatis mutandis. Making such changes or
alterations as the sense requires.
157. Nam silent leges inter arma. Laws are silent in
time of war.
It is to be noticed that during those periods of our
history in which wars, civil or foreign, were most
Digitized by Microsoft®
MAXIMS AND PHRASES. 41
prevalent, very little was accomplished in the way of
legislature. Domestic legislation is always a sure index
of a peaceful administration.
158. Necessitas non habet legem. Necessity has no law.
(See next Max.)
159. Necessitas vincit legem. Necessity defeats the law.
(See last Max. and No. 230.)
160. Nemo contra factum suum venire potest. No
one can go against his own deed.
This maxim illustrates the doctrine of estoppel, of
which there are three kinds, (i) By matter of record ;
(2) by deed ; (3) by matter in pais. No person can, after
execution, dispute his own solemn deed, which is conclu-
sive against him and those claiming under him, even as to
facts recited therein. (See Chitty on Contracts, i6th ed.
p. SO
161. Nemo dat quod non habet. No one can give what
lie has not.
No one can, other than by sale in market overt,
confer upon another a better title than he himself has.
A great exception to this principle occurs in the case
of "negotiable securities," which by custom are trans-
ferable like cash by delivery. (See Miller v. Race, i Sm.
L. C. p. 463.) A thief can confer no title to stolen goods.
(See Maxs. Nos. 166 and 232.)
Digitized by Microsoft®
42 A COLLECTION OF LATIN
162. Nemo de domo sua extrahi potest. No man can
be dragged out of his own house.
(See Max. No. 62.)
163. Nemo debet bispunari, pro uno delicto. No one
should be twice punished for the same offence.
(See next Max.)
* 164. Nemo debet bis vexari pro una et eadem causa.
No one ought to be tried twice {twice put to trouble')
for one and the same cause.
It is a well-established principle of Criminal Law, that
where a man is indicted for an offence and acquitted, he
cannot afterwards be again indicted for the same offence,
if he might have been convicted at the onset by proof of
the facts contained in the second indictment. (See last
Max.)
* 165. Nemo est haeres viventis. No man is heir of a
living person.
There may be either an heir apparent, as the eldest
son, or an heir presumptive, as an only daughter. The
question of actual heirship arises only on the death of
the owner. No inheritance can vest, and no one can be
a complete heir until the ancestor is dead. (See Max.
No. 59.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 43
* 166. Nemo plus juris in alium transferre potest
quam ipse habet. No one can confer a better
right to another than lie has himself.
(But see Miller v. Race, i Sm. L. C. Iith ed. p. 463,
and Max. No. 161.)
167. Nemo potest esse agens et patiens. No one can
be alike an active and a passive party.
* 168. Nemo potest mutare consilium suum in alterius
injuriam. No one can change his purpose (or
advice) to the injury of another.
It will be noticed that Acts of Legislation are
generally prospective and not retrospective in their
application. The doctrine of estoppel also illustrates the
meaning intended to be conveyed.
169. Nemo praesumitur malus. No one is presumed to
be bad.
(See Max. No. 145.)
* 170. Nemo tenetur ad impossibile. No one is bound
to an impossibility.
If a man contracts to do anything which is physically
impossible, such contract is not binding on him ; but
where the contract is to do a thing which, though possible
at the time, subsequently becomes impossible, it is
Digitized by Microsoft®
44 A COLLECTION OF LATIN
otherwise ; also if the impossibility is one personal only
to the contractor. (See Max. No. 139.)
171. Nemo tenetur seipsum prodere. No one is bound
to betray himself; i.e., cannot be compelled to
criminate himself.
A well recognised rule of evidence in all cases. (See
Max. No. 3.)
172. Nihil tarn conveniens est natural! aequitati,
quam unumquodque dissolvi eo ligamine quo
legatum est. Nothing is so consonant to natit.ral
equity, as that a thing may be dissolved by the same
means which made it binding.
173. Non accipi debent verba in demonstrationem
falsam quae competunt in limitationem veram.
Words which admit of a true meaning ought not to
be received in a false sense, or one inconsistent with
the facts.
Thus, where there is a subject-matter which answers in
every particular to a description contained in a will or
deed, no part of the description can be rejected so as to
make it include more.
174. Non est regula quin fallat. There is no rule but it
may fail ; exceptioiz proves the rule.
(See Max. No. 83 )
Digitized by Microsoft®
MAXIMS AND PHRASES. 45
175. Non quod dictum est, sed quod factum est,
inspicitur. Regard is to be had, not to zvhat is
said, hit to ivkat is done.
Where a lessor gives a receipt for money tendered to
him as rent, this is in point of law a receipt for rent, and
a waiver of any forfeiture which may have been pre-
viously incurred ; although the lessor, before the tender,
and on taking the rent, expressed his intention to accept
the money only as compensation for the use of the land.
(Croft v. Lnmley, 5 E. & B. 648.)
176. Non videntur qui errant consentire. Tliose who
make a mistake are not considered to consent.
Mistake is of two kinds, either of fact or of law, the
former, as a rule, will be relieved against " Ignorantiafacti
excusat," provided there had been no acquiescence ; but
with regard to the latter the Court will only grant relief
in exceptional cases, " Ignorantia legis neminem excusat!'
(See Lansdowne v. Lansdowne, 2 Jacob & Walker, 205.)
Ignorance of foreign law is deemed ignorance of fact. (See
generally hereon Snell's Eq. i6th ed. p. 396, and Max.
No. no.)
177. Noscitur a sociis. // may be known or explained
from its associates ; i.e., the meaning may often be
gathei'ed from the context {^'si non cognoscitur ex se").
This refers to the construction of words and clauses in
contracts and written instructions. (See Chitty on Con-
tracts, i6th ed. p. 102, and Max. No. 78.)
178. Nudum pactum. A naked agreement ; i.e., a bare
promise ; a contract not supported by necessary
consideration.
Digitized by Microsoft®
46 A COLLECTION OF LATIN
179. Nullum scutaglum ponatur in regno nostro, nisi
per communes consilium regni nostris. No
scutage can be imposed in otir realm, save by the
common council of the kingdom.
All imperial taxes are fixed and settled by the House
of Commons, in which House all " money Bills "
originate.
* 180. Nullum tempus aut locus occurrit Regi. No
time or place affects the king.
Lapse of time will not generally bar the right of the
Crown.
181. NuUus olericus nisi causidicus. A clerk {in holy
orders) was ever a pleader.
In early times the clergy monopolised all learning, and
out of their ranks all judges were formally appointed, all
the inferior legal offices being also filled by the lower
clergy : hence their name of clerks. From the year 1373-
1530 A.D. no lawyer filled the office of Lord Chancellor,
the post being all along occupied by the clergy. " Les
jnges sont sages personnes et aiitentiqiies, sicomme, les
archevesques, evesqiies, les chanoines, &c."
* 182. NuUus commodum capere potest de injuria sua
propria. No one can obtain an advantage by his
own wrong.
The examples of this maxim are numerous in every
branch of the law. (See Twyn^s Case, i Sm. L. C. nth
ed. p. I, and Maxs. Nos. 80 and 82.)
Digitized by Microsoft®
MAXIMS AND PHRASES, 47
183. NuUus simile est idem, nisi quotuor pedibus
ourrit. No like is exactly identical unless it rtms
on all fours.
184. Obiter dictum. Said by the way ; i.e. in passing.
The " obiter dicta " of learned judges are frequently
quoted, although the same do not directly relate to the
actual facts upon which judgment is being delivered,
consequently they are not so important.
185. Odiosa et inhonesta non sunt praesumunda in
lege. Odious and dishonest things are not to be pre-
sumed in law.
186, Officium nemini debet esse damnosum. A djity
should be injurious to no one.
No one should sustain any loss by reason of doing his
duty. Thus, Justices of the Peace and County Court
bailiffs should not personally suffer loss on account of
their having, in the performance of their duty, to do
things which are sometimes distasteful alike to themselves
and others.
* 187. Omne majus continet in se minus. The greater
contains the less.
A tender by a debtor to his creditor of an amount in
excess of that owing is perfectly good for what is actually
due. (See Chitty on Contracts, i6th ed. p. 326.)
Digitized by Microsoft®
48 A COLLECTION OF LATIN
188. Omne quod solo inaedificatur solo cedit. Every-
thing built on the soil belongs to the soil.
The grant of certain land will pass to the grantee
all buildings and erections thereon, even though such
erections be not specifically mentioned. (See Steph.
Comm. I. p. 313, and Maxs. Nos. 46 and 224.)
* 189. Omne testamentum morte consummatum est,
et voluntas testatoris est ambulatoria usque ad
mortem. Every testament is perfected by death, and
the will of a testator is " ambulatory " (revocable)
even unto death.
A will is of no effect and does not operate until the
death of the testator, until which time it may be revoked
or altered by him at his pleasure. It speaks from the
date of death, and not that of its execution.
A will may be defined as follows : — Voluntatis nostrae
justa sententia de eo quod quis post mortem suam fieri
velet. (See Max. No. 261.)
190. Omnia praesumuntur contra spoliatorem. Eveij
presumption is made against a wrongdoer.
See the third point of decision in A rmory v. Delamirie,
I Sm. L. C. nth ed. p. 356, where it was decided that if
a person withhold evidence in his possession, every
presumption shall be adopted to his disadvantage, that
is, such evidence shall be taken as adverse to his
interest.
Digitized by Microsoft®
MAXIMS AND PHRASES. 49
191. Omnia praesumuntur rite et solenniter esse
acta, donee probetur in contrarium. All things
are presumed to have been rightly and properly per-
formed, until the contrary is proved.
Where there is a proper attestation clause to a will
which appears on the face of it to be duly executed, the
Court assumes that the Wills Act has been complied with,
even although the witnesses may forget the circumstances.
(See Vinnicombe v. Btitler, 34 L. J. (P. & M.) 18.)
192. Omnis coactio a legato abesse debet. Every suit
against an ambassador shotild fail.
It has now been decided that an ambassador is entitled
to absolute exemption from suits in the Courts of the
country to which he is sent. (See The Magdalene Steam
Navigation Co. v. Martin, 2 El. & El. 94, 28 L. J.
Q. B. 310.)
193. Omnis innovatio plus novitate perturbat quam
utilitate prodest. Every innovation occasions more
harm by its novelty than benefit by its utility.
The principle here laid down applies rather to the
immediate, than to the ultimate and permanent effects.
(See Ashbyv. White, i Smith, L. C. nth ed. p. 240, and
Chitty on Contracts, i6th ed. p. 900.)
* 194. Omnis ratihabitio retrotrahitur et mandate
priori aequiparatur. Every ratification has a
retrospective effect and is equivalent to a previous
authority or contract.
Where a person acts as agent for another, and professes
E
Digitized by Microsoft®
50 A COLLECTION OF LATIN
(without authority) to contract for him, a subsequent
assent by the principal is equivalent to a previous
authority. (See Chitty on Contracts, i6thed. pp. 21 and
279, also Maxs. Nos. 55 and 208.)
195. Omnium contributione sarciatur quod per
omnibus datum est. That which is given for all
should be contributed by all.
This maxim is the essence of the law as to general
average, under which, where goods have been thrown
overboard for the safety of a ship, that being the only
alternative, contribution to the loss is made proportionately
by the owners of the ship and all who have goods on
board. (See Steph. Comm. II. Cap. V. Sec. X.)
* 196. Once a mortgage always a mortgage. Where a
document is once satisfactorily established as a
mortgage, a mortgage it always will remain.
This was not formerly so at Common Law, but now,
since the Judicature Act, 1873, the rule of equity
prevails. (See Snell's Eq. i6th ed. p. 238, and Max.
No. 74.)
197. Optimus legis interpres est consuetude. Custom
is the best interpreter of law.
(See also Maxs. Nos. 37 and 153.)
198. Pacta privata juri publico derogare non possunt.
Private contracts cannot repeal the public right — i.e.
cannot adversely affect a public right.
Digitized by Microsoft®
MAXIMS AND PHRASES. 51
* 199. Partus sequitur ventrem. The offspring follows
the womb.
This maxim illustrates the doctrine of property
arising from accession, and is grounded on the right of
occupancy. It has been held in the case of all tame
and domestic animals, that the offspring belong to the
owner of the mother, although in the case of human
beings it is otherwise, except as to bastards. (See
Steph. Comm. II. p. 21.)
200. Patria potestas in pietate debet, non in atrocitate,
consistere. A father's power ought to be based on
affection and not on cruelty.
Parents' power over their children is derived from
their duty towards them, being given them, partly to
enable them the more effectually to perform their duty,
and partly as a recompense for their trouble in its dis-
charge. (See Steph. Comm. II. Cap. III., also the recent
Acts for the Prevention of Cruelty to Children.)
201. Pendente lite nihil innovetur. Whilst a lawsuit
is pending nothing must be altered.
This principle or effect is limited to the rights of parties
in that particular suit.
202. Pluris est occulatus testis usus quam auriti
decern. One eye-witness is worth more than ten
hearsay.
Hearsay or second-hand evidence is generally inad-
missible except in certain cases, such as questions of
custom or pedigree.
Digitized by Microsoft®
52 A COLLECTION OF LATIN
203. Possessio fratris (de feodo simplici) facit sororem
esse haeredem. Possessio?i by the brother of an
estate in fee simple constitutes the sister heiress.
Applicable to the old law of inheritance, under which
the half-blood were totally excluded from the succession,
land descending to a sister of the whole-blood of the
person last seised, rather than to a brother of the half-
blood. Now, however, by 3 & 4 Will. IV. c. 106, the
half-blood are admitted. (See Steph. Comm. I. p. 274,
also Maxs. Nos. 96 and 97.)
204. Potior est conditio possidentis. The condition of
one in possession is tlie more preferable.
The old English adage, " Possession is nine-tenths of
the law," now very qualified in its truth and application,
probably had its origin in this maxim. (See Max.
No. 118.)
205. Praestat cautela quam medela. Caution is better
than c?tre.
206. Principia probant non probantur. It is not
necessary to prove first principles — i.e. maxims (see
Preface).
207. Quaelibet concessio fortissime contra donatorem
interpretanda est. Every grant is to be interpreted
most strongly against the donor.
(See Max. No. 272.)
* 208. Quando aliquid mandatur, mandatur et omne
per quod pervenitur ad illud. When anything is
Digitized by Microsoft®
MAXIMS AND PHRASES. 53
ordered to be done, everything by which it is to be
accomplished is also impliedly authorised.
One of the rules affecting the law of principal and
agent, is that the latter's authority includes all medium
powers " per quod pervenitur ad illud."
209. Quando jus domini regis et sutaditi concurrunt
jus regis praeferri debet. When the right of the
king and that of a subject ai'ise simultaneously the
former takes precedence.
* 210. Quando lex aliquid alicui concedit, concedere
videtur et id sine quo res ipsa esse non potest.
When the law gives a man anything it gives him
that also without which the thing itself cannot exist.
Under the following circumstances a way of necessity
is implied — e.g. if A. grant to B. a piece of land
surrounded on all sides by other land of A.'s B. will (in
case there be no right of way to his land) have a right of
way over A.'s surrounding land for such time as the
necessity exists. The application of this maxim is very
limited, and it refers more especially to contracts under
seal. (See Chitty on Contracts, i6th ed. p. 115, and
Max. No. 42.)
* 211. Quando res non valet ut ago, valeat quantum
valere potest. When anything does not operate in
the way one intends, let it operate as far as it can.
In the case of Roe v. Tranmarr, 2 Sm. L. C. p. 506,
a deed purporting to be a release which could not
operate as such because it attempted to convey a free-
hold " in futuro," was held valid under the circumstances
as a covenant to stand seised (see Max. No. 26). A
lease in writing but not under seal, is not absolutely void,
Digitized by Microsoft®
54 A COLLECTION OF LATIN
but held good in equity as an agreement for a lease.
(See Maxs. Nos. 271, 273, and 275.)
212. Qui ex damnato coitu nascuntur inter liberos
non computantur. Those born from an unlawful
intercourse are not to he deemed among the lawful
children.
Bastards are incapable under our law of being heirs,
and are held to be " nullius filii." By the civil law they
could inherit being legitimated by the lawful marriage of
their fathers and mothers.
* 213. Qui facit per alium facit per se. He who acts
throitgh another acts through himself.
A contract made by an agent is looked upon in law
as the contract of the principal, so agents need not be
" sui juris" and infants, married women, and others are
competent to act as such. The agent must, however,
act within the scope of his authority. In Scott v.
Shepherd, 2 Black. 892, an action was held to lie against
the person who originally threw a squib which, after
being knocked about by other persons in self-defence,
ultimately hit and put out the plaintiff's eye. (See
Chitty on Contracts, i6th ed. pp. 262-7, and Max.
No. 240.)
214. Qui haeret in litera haeret in cortice. He who
considers only the mere wording of a document goes
but skin deep into its meaning.
(See Maxs. Nos. 26, ji, 177, and 273.)
215. Qui minimum probat nihil probat. He proves
nothing who proves too much.
Digitized by Microsoft®
MAXIMS AND PHRASES. 55
216. Qui non improtaat, approtaat. He who does not
blame, approves,
(See next Max.)
* 217. Qui non prohibet id quod prohibere potest,
assentire videtur. He who does not forbid what
he is able to prevent, appears to assent.
So one who enables another to commit a fraud is
answerable. A person who has a title to property offered
for sale at an auction, and, knowing his title, stands by
and encourages the sale or does not forbid it, will be
bound by the sale, for " Qni non obstat quod obstare
potest, facer e videtur" Teasdale v. Teasdale, Sel. Ch. Cas.
59. (See Snell's Eq. i6th ed. cap. 3, and also Maxs.
Nos. 35, 98, 216, and 222.)
218. Qui pareit nocentibus, innocentes punit. He
who spares the guilty, punishes the innocent.
219. Qui peccat ebrius, luat sobrius. Let him who
sins when drunk, be punished when sober.
An intoxicated person can derive no privilege from a
madness thus voluntarily contracted. On an indictment
for murder, however, intoxication may be taken into
consideration, to show that the act was not premeditated,
and if there has been some contrivance or inducement to
allure the party into drink, or any unfair advantage
taken of his intoxication, the Court will sometimes
relieve. (But see Chitty on Contracts, i6th ed. pp. 161-
162.)
Digitized by Microsoft®
56 A COLLECTION OF LATIN
* 220. Qui prior est tempore potior est jure. He who
is first in point of time is preferred in law.
(See Brace v. Duchess of Marlborough, 2 P. Wms. 49
I, and Marsh v. Lee, 2 Wh. and Tud. L. C. Eq. 8th ed.
p. 118.) Subject to the provisions of the Conveyancing
and Law of Property Act, 1881, a mortgagee may recover
in ejectment without giving notice to quit against a tenant
who claims under a lease from the mortgagor, granted
after the mortgage without the privity of the mortgagee.
The rule stated in this maxim applies as between finders
of "treasure trove," derelicts, and such like. (See also
Keech v. Hall, i Sm. L. C. ilth ed. p. 511.) Where
several persons have interests in the same property, and
equal equities in every point except time, as in the case
of a third mortgagee who had no notice of a second
mortgage when making his advance, here both mort-
gagees have equal equities, but the second mortgagee,
being first in point of time, has the prior right. In this
instance, however, the third mortgagee could avail
himself of the advantages of tacking. (See Max. No.
288, and Snell, i6th ed. pp. 10, 262-3.)
* 221. Qui sentit commodum sentire debet et onus.
He who receives the advantage ought also to siiffer
the burden.
Equity always acted on this principle when enforcing
contribution between co-sureties. {Bering v. Earl of
Winchilsea, 2 Wh. and Tud. L. C. Eq. 8th ed. 539, and
Waugh v. Carver, 2 Hen. Blacks tone, 235 ; Cox v. Hick-
man, I Sm. L. C. 414.)
222. Qui tacet sentire videtur. He who is silent
appears to consent.
(See Maxs. Nos. 35, 216, 217.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 57
223. Qui vult decipi, decipiatur. Let him be deceived
who wishes to be deceived.
A person who has been guilty of such gross negli-
gence as to court deception will obtain no relief from the
Court. (See Maxs. Nos. 47 and 61.)
* 224. Quicquid plantatur solo solo cedit. Whatever
is planted in {or affixed to the soil) belongs to the
soil.
This principle is stringently adhered to as between
the heir-at-law and the executor of a deceased person,
and as between mortgagors and mortgagees ; but it has
been very considerably relaxed in its application to
fixtures as between landlord and tenant. (See Chitty
on Contracts, i6th ed. p. 415, and Maxs. Nos. 46 and
188.)
• 225. Quicquid solvitur, solvitur secundum modum
solventis, quicquid recipitur, recipitur secun-
dum modum recipientis. Whatever money is
paid, is paid according to the direction of the payer,
whatever money received, is received according to
that of the recipient.
A debtor has, at the time of payment, the first right
to direct the same to be appropriated in liquidation of
whatever debt due to his creditor he chooses. If the
debtor omit to do this, the creditor has the next right of
appropriation to what debt he chooses. If neither party
makes appropriation, the law makes it — generally to the
earlier debt. (See Rule in Clayton's Case and Snell's
Eq. 1 6th ed. pp. 470-1.)
Digitized by Microsoft®
58 A COLLECTION OF LATIN
226. Quisque sua acte perito est credendum. Every
one experienced in his own calling is to be believed.
(See Max. No. 43.)
* 227. Quod ab initio non valet, in tractu temporis
non convalescit. That which was void from its
commencement, does not improve by lapse of time.
Where any contract amounts to a constructive fraud,
on account of its being opposed to some positive law,
or public policy, it is void and incapable of ratification —
it is different, however, when the contract is voidable
only.
228. Quod fieri non debuit factum valet. That which
ought not to be done, is yet valid {sometimes) when
done.
Money paid in pursuance of an illegal contract which
has been performed cannot, as a rule, be recovered back.
(See also Max. No. 93.)
229. Quod naturalis ratio inter homines constituit
vocatur jus gentium. That which by natural
reason prevails among men is called the law of
nations.
International law is not grounded upon the caprice of
any particular nation, but depends entirely upon mutual
compacts and treaties between the various States. The
construction also of such compacts is governed by the
law of nations, being the only one to which all com-
munities are equally amenable. Civil Law, as distin-
guished from International Law, is thus defined : " Jus
civili, est quod quisque sibi populus constituit"
Digitized by Microsoft®
MAXIMS AND PHRASES. 59
230. Quod necessitas cogit, excusat. That which ne-
cessity compels, she excuses.
A person is not held criminally responsible for actions
which he is forced to commit under threats of death or
grievous bodily harm, continuing during the whole time
of the commission of such acts. This non-liability, how-
ever, does not extend to cases where the death of an
innocent person results. (See Reg. v. M'Growther, 18 St.
Tr. 394, and Maxs. Nos. 158 and 159.)
231. Quod nuUius est, est domini regis. What is the
property of no one, belongs to the king.
Land will go to the Crown on the decease of the last
owner or person actually seised intestate, and without
heirs. So also do waifs (bona vacantia), and unclaimed
wreckage. (See Wills Act.)
232. Quod per me non possum, nee per alium. That
which one cannot himself do, he cannot do by another.
No one can delegate a power which he himself does
not possess. (See Max. No. 161.)
233. Quod populus postremum jussit, id jus ratum
esto. That which a people has last ordained shall
be the established law.
(See Steph. Comm. I. p. 43, and Max. No. 137.)
Digitized by Microsoft®
6o A COLLECTION OF LATIN
* 234. Quod turpi ex causa promissum est, non valet.
A n immoral {illegal or base) consideration will not
siipport a promise (i.e. a contract).
So also one founded on an impossible or purely moral
consideration.
(See Chitty on Contracts, i6th ed. p. 4, and Maxs.
Nos. 80 and 82.)
■ 235. Quoties in verbis nulla est ambiguitas, ibi nulla
expositio contra verba fienda est. When there is
no ambiguity in the language of an instrument, no
interpretation is to be made contrary to the words.
It is a rule that parol evidence contrary to the express
written language itself is excluded, and the instrument
itself is the only criterion of the intention of the parties.
Parol evidence may be admissible to explain, but not to
contradict or override, the express written contents of an
instrument.
(See Chitty on Contracts, i6th ed. p. 116)
236. Quoties idem sermo duas sententias exprimit ea
potissimum accipiatur, quae rei gerendae aptior
est. When the same expression carries two mean-
ings, that shall be preferred which is the more fitted
to elucidate the subject-matter.
This is one of the numerous rules for the construction
of legal documents. (See Max. No. 26.)
237. Res ipse loquitur. The thing speaks for itself
{without proof).
Frequently quoted in actions for damages for negli-
gence. (See Max. No. 69, and Chitty on Contracts,
i6th ed. pp. 523-723.)
Digitized by Microsoft®
MAXIMS AND PHRASES. 6i
238, Res inter alios acta alteri nocere non debet. A
thing done between two persons ought not to injure
another.
(See Duchess of Kingston's Case, 2 Sm. L. C. 731.)
239. Res judicata pro veritate accipiatur. A point
judicially decided is taken to be correct.
This is conclusive so far as Courts of inferior jurisdic-
tion are concerned, until the judgment is reversed.
* 240. Respondeat superior. Let tlie principal answer .
One authorising an unlawful act to be done by his
servant, is himself answerable. The maxim does not
apply as against the Crown. See also Max. No. 213.
Also " Qui per alium facit per seipsum facere videtur."
Also the case of Thompson v. Davenport, 2 Sm. L. C. p.
37g. Where at the time of sale the vendor is aware that
there is a principal, but does not know who he is and
debits the agent, he may nevertheless resort to the
principal when known.
241. Rex debet esse sub lege, quia lex facit regem.
The king otight to be subservient to the law, for the
law makes the king.
This is so in our realm at the present time, although
many of our earlier Sovereigns appeared to think other-
wise, and acted accordingly.
Digitized by Microsoft®
62 A COLLECTION OF LATIN
242. Rex in sao regno non habet parum. In his own
kingdom the king has no equal.
243. Rex nunquanx moritur. The king never dies.
The person only is changed, but the Sovereign always
exists — i.e. the Crown never falls vacant.
244. Rex peccare non potest. The king can do no wrong
245. Salus populi est suprema lex. The public safety
{welfare) is the supreme law.
The prosperity of its people, and the proper mainten-
ance of order and security, as also the diffusion of domestic
and social happiness, should be the first and main object
of every government.
246. Scientia utrinque par pares contrahentes facit.
Equal knowledge on both sides makes the position of
the contracting parties the same.
In an insurance policy there are many things relating
to the subject-matter thereof as to which the insured can
be innocently silent — for instance, he need not mention
any facts within the insurer's own knowledge ; for an
insurer cannot insist that a policy is void because the
insurer did not inform him that which he already knew.
Digitized by Microsoft®
MAXIMS AND PHRASES. 63
247. Scire debes cum quo contrabis. One should know
zvith whom he contracts.
This is self-evident, so that a person may know whom
to sue and look to for damages in case of a breach of the
contract.
248. Scribere est agere. To write is the same thing as
to act.
A deed in writing is, at the present time, sufficient to
effect the transfer of property, without any actual livery
of seisin.
* 249. Seisina(nonjus)facit stipitem. Seisin {not the
law) makes the root of descent.
This was formerly a most important maxim, but the
doctrine is exploded by the Inheritance Act, 3 & 4 Will.
IV. c. 106, which enacts that " Descent shall in all cases
be traced from the last purchaser, whether he may or may
not have actually obtained possession." The purchaser is
defined by the Act as being the last person who had a
right to the land who cannot be proved to have acquired
the land by descent, or by certain means which render
the land part of, or descendible in the same manner as
other land acquired by descent {e.g., escheat, partition, or
enclosure). Under the old law no one could be such an
ancestor as to have descent traced from him, unless he had
been in actual possession of the land, or in receipt of the
rents and profits prior to his death.
Digitized by Microsoft®
64 A COLLECTION OF LATIN
250. Semper in dubiis benigniora praeferenda. In
doubtful matters the more liberal {constructions) are
to be preferred.
(See Max. No. 26.)
251. Semper in obscuris quod minimum estsequimur.
In obscure (constructions) the law follows that which
is least obscure.
( Williams v. Crosling, 3 C. B. 962, and Max. No. 26.)
252. Semper praesumitur pro negante. Presumption
is ever in favour of the negative.
The " onus probandi " lies on the plaintiff (see Maxs.
Nos. 24 and 69). It is also to be remembered that every
one is presumed in law to be innocent until the contrary
is proved.
253. Si plura sint debita, vel plus legatum fuerit^ ad
quae catalla defuncti non sufflciant, fiat ubique
defalcatio, excepto regis privilegio. If the debts
or legacies of a deceased are greater than the assets
will satisfy, the same shall abate rateably, the
privilege of the Crown excepted.
If the assets of a deceased person are insufficient to
pay the debts and the legacies bequeathed by his will, all
the general legacies abate rateably. A specific legacy, as
of a piece of plate, is not liable to abatement, until the
fund applicable for general legacies is exhausted ; but, on
the other hand, it is liable to ademption — i.e., it may have
been otherwise disposed of by the testator in his lifetime
Digitized by Microsoft®
MAXIMS AND PHRASES. 6$
Debts in every case form a first charge on the estate.
(See Steph. Comm. II. p. 300.)
* 254. Sic utere tuo ut alienum non laedas. So enjoy
your own rights as not to injure those of another.
Where the natural course of a stream is over the
surface of lands belonging to different proprietors, no
proprietor above can diminish the quantity or injure the
quality of the water which descends ; nor can a proprietor
below throw back the water without licences from the
proprietors above. Aedijicare in tuo propria solo non
licet quod alteri noceat.
255. Simplex eommendatio non obligat. Mere recom-
mendation will not render a man liable.
Where a purchaser is satisfied without express war-
ranty, a mere representation of the quality by the seller
will not entitle him to recover, unless he can show the
same to have been fraudulently made. (See Chandelor v.
Lopus, I Sm. L. C. p. 54, and Max. No. 28.)
256. Socius mei socii, socius meus non est. The
partner of my partner is not necessarily my partner.
257. Statuta pro publico commode late interpretan-
tur. Statutes passed for the public good should be
constriced literally.
F
Digitized by Microsoft®
66 A COLLECTION OF LATIN
258. Sublata caussl, toUitur efifectus. The cause being
gone, the effect also ceases.
This is a fact applicable alike to law as to physics.
259. Summum jus, summa injuria. Where the law is
most strictly administered, it sometimes causes the
greatest wrong.
It frequently happens that a plaintiff or defendant loses
his case, although morally in the right, on account of
some technicality which has not been observed.
* 260. Suppressio veri suggestio est falsi. With-
holding the truth suggests falsehood.
(See also Max. No. 98.)
261, Testamentum omne morte consummatur. Every
will is perfected by death.
A will speaks from the time of death only. (See Max.
No. 189.)
262. Testes ponderantur, non numerantur. Witnesses
are weighed {considered at their proper worth), not
numbered.
The evidence of one credible witness counts for more
than that of any number who cannot be relied upon.
Digitized by Microsoft®
MAXIMS AND PHRASES. 67
263. Testis nemo in sua causa esse potest. No one
can be a witness on his own behalf.
This rule applies to criminal charges, and its effect
is continually being modified by legislation. The
opinion of those best qualified to judge, differs whether
or not all accused persons should not be competent
witnesses.
264. Traditio loqui facit chartam. The delivery of a
deed makes it effectual.
The delivery of a deed is equally important with the
signing and sealing. Both the delivery and sealing are
performed at the present day, by placing the finger on
the seal and repeating the words, " I deliver this as my
act and deed." A delivery may be either absolute or
conditional. (See Steph. Comm. I. Cap, XVII., and
Max. No. 124.)
265. Ubi eadem ratio, ibi eadem lex; et de similibus
idem est judicium. Where there is the same
reason, there is the same law ; and concerning
things similar, the judgment is similar.
(See Max. No. in.)
* 266. Ubi jus ibi remedium. There is no wrong
without a remedy, or, Where there is a legal right
there is a remedy.
An action will lie for an injury although no actual
damage be sustained, as in the case of Ashby v. White
(temp. 2 Anne, 1704, 14 State Trials, 695), where it was
decided that an action lay against a returning officer for
Digitized by Microsoft®
68 A COLLECTION OF LATIN
refusing to admit the vote of a duly qualified elector,
although the persons for whom he tendered his votes
were elected. There may be a " dammtm absque
injurid" (loss without a wrongful act) for which no
action will lie. Thus no action will lie against one's
neighbour, who builds on his own land a mill, whereby
the profits of one's own mill (built on adjoining property)
are diminished, although in the case put considerable
loss may result. This maxim formed the root of all
equitable decisions, and was the basis upon which the
Court of Chancery originally acted, when interfering with
Courts of Law, or in supplying remedies for those wrongs
which the latter failed "to redress.
267. Ubi nullum matrimonium, ibi nulla dos. Where
there is no marriage, there is no dower.
A woman, in order to be entitled to dower on the
death of her husband, must have been his actual wife at
the time of his decease : there must have been no dis-
solution of the marriage. The law as to dower is now
governed by 3 & 4 Will. IV. c. 105. (See Steph.
Coram. I. p. 169.)
268. Unum est tacere, aliud celare. To be silent or to
conceal are two different things.
A party to a contract is not bound to disclose latent
defects, but he must not fraudulently conceal, or the
contract will be voidable. The rule as to defects that
are patent to all is otherwise.
Digitized by Microsoft®
MAXIMS AND PHRASES. 69
269. Unumquodque dissolvitur eodem modo quo
coUigatum est. Every obligation can only be dis-
solved in the same manner as it was created.
Thus a deed can only be revoked by deed, and not
by a simple written instrument. This, of course, subject
to the ruling of Courts of competent jurisdiction.
270. Utile per inutile non vitiatur. That which is use-
ful is not vitiated by that which is useless.
Where the meaning of any document is clear, its
effect is not marred or upset by the insertion therein of
superfluous and meaningless words.
271. Valeat quantum valere potest. Let it stand as far
as possible. Let it pass for what it is worth.
(See Max. No. 211.)
* 272. Verba ehartarum fortius accipiuntur contra
proferentem. Words of deeds or gi'ants are to be
taken most strongly against the grantor.
Thus, a rent of \os. granted by tenants in com-
mon is several, and the grantee will have ioj. from
each : aliter if a rent of ioj. be reserved. This principle
does not apply to a grant by the Crown at the suit of
the grantee. Nor must such a rule of construction be
followed till all others fail, for the law supposes that a
person will not use language to his own detriment. (See
Chitty on Contracts, i6th ed. p. 113, and Maxs. Nos. 18
and 207.)
Digitized by Microsoft®
70 A COLLECTION OF LATIN
* 273. Verba debent intelligi cum effectu, ut res
magis valeat quam pereat. Words ought to be
understood with effect, that a thing may rather be
preserved than destroyed.
(See Roe v. Tranmarr, 2 Sm. L. C. 506.) This rule
is closely allied to Benignae faciendae sunt interpretationes
chartarum ut res magis valeat quam pereat. (The con-
struction of deeds shall be made liberally that the
subject-matter may rather prevail than perish.) Con-
struction must in all cases be reasonable, liberal, and
favourable. (See Chitty on Contracts, i6th ed, p. 97, and
Maxs. Nos. 26, y%, 145, and 275.)
* 274. Verba generalia restringuntur ad habilitatem
rei vel aptitudinem personae. General words
must be narrowed either to the nature of the subject-
matter or to the capability of the person.
Such words must be understood with reference to the
estate which is in the grantor at the time of the grant.
Thus a bill of sale which purported to assign to R. " all
the household goods and furniture of every kind and
description in a certain house, and more particularly
mentioned and set forth in an inventory or schedule of
even date therewith," was held to apply only to the
goods specified in the inventory which did not comprise
all the goods in the house. In construing a statute
general words must not be extended unduly. (See
Chitty on Contracts, i6th ed. p. 102, and Max. No. 88.)
* 275. Verba intentioni debent inservire. Words
ought to be made subservient to the intention — i.e.
should be construed so as to give effect to the
intention — " ut res magis valeat quam pereat."
{Roe V. Tranmarr, 2 Sm. L. C. 506.) The rule laid
Digitized by Microsoft®
MAXIMS AND PHRASES. 71
down in this maxim is one of the first and most important
in the construction of contracts, so that they may be
enforced according to the sense in which the parties
mutually intended. Words and expressions are to be
understood in their plain, ordinary, and popular sense,
unless they may by custom of trade or the like have
acquired a peculiar or technical sense and meaning. The
" golden rule " as regards Acts of Parliament is that the
words must be construed in their plain and grammatical
sense and as mentioned in the preceding paragraph. (See
Chitty on Contracts, i6th ed. p. 95, and Maxs. Nos. 26,
39, 122, and 273.)
276. Verba relata in esse videntur. Words referredto
are deemed to be incorporated.
Where a father infeoff his son, to have and to hold to
him and his heirs, and the son then infeoff his father,
purporting to do so only as fully as his father infeoffed
him, by this, the father has a fee simple. On this same
principle, existing but unattested papers, or documents,
may be incorporated in a will, if referred to in such a way
as to render their identity indisputable.
277. Veritas uominis toUit errorem demonstrationis.
Correctness in the name removes an error of demon-
stration.
In the construction of wills, this rule has frequently
been acted on, but it must be first shown that there is an
error of demonstration ; until when the above maxim
has, of course, no application, (See Drake v. Drake, 8
House of Lords Cases, 172 ; also 2 Smith, L. C. p. 515.)
Digitized by Microsoft®
72 A COLLECTION OF LATIN
278. Vetustas pro lege semper habetur. An old custom
is ever regarded as law.
279. Via trita est tutissima. The beaten track is the
safest.
This is a good and safe rule to follow, but has its
" proving exceptions " in the many originators, scientists,
&c., of whom England is so justly proud.
280. Vicarius non habet vicarium. A locum tenens
(i.e. substitute) cannot appoint another in his stead.
(See Max. No. 55.)
* 281. Vietus vietori in expensis eondemnandus est.
The loser must defray the costs of a successful
litigant.
By the Judicature Acts, in the case of a trial by jury,
costs follow the event, unless the judge shall, for good
cause, order otherwise, but in all other cases, they are in
the discretion of the Court. (See Steph. Comm. III.
p. 561.)
* 282. Vigilantibus et non dormientibus succurrunt
jura (or aequitas subvenit). Laws come to the help
of the vigilant, not of the sleepy (also written " equity
assists the vigilant" &c.).
Before relieving a party from a contract on the ground
of fraud, it must be shown to the Court that he exercised
a due degree of caution before entering into such contract.
The misrepresentation must be material, and the party
claiming relief have been misled by it It is not essential
that the person making the false statement should know
it to be such. The Statutes of Limitations are founded on
Digitized by Microsoft®
MAXIMS AND PHRASES. 73
the principle that a dilatory claimant deserves no assist-
ance. (See Chitty on Contracts, i6th ed. p. 725, and
Max. No. 127.)
* 283. Volenti non fit injuria. No injury can be done
to a willing person.
If a person voluntarily consents to an injury, he must
bear the loss. A woman cannot herself support an action
for seduction to which she is a consenting party. Her
parent or employer, however, may do so, and is entitled
to damages for loss of her service, the seduction in such
case being the cause, ^^ per quod servitiani amisit." ,»
*"
284. Voluntas, est justa sententia de eo quod quis post
mortem suam fieri velit. A will is an exact
opinion or determination concerning that which each
one wishes to be done after his death.
285. Voluntas in delietis, non exitus spectantur. In
criminal cases the intention and not the result is
regarded.
(See Maxs. Nos. 9 and 1 16.)
286. Vox emissa volat, litera scripta manet. Word
of mouth files away, things written remain.
The effect of a written contract cannot be varied in
its terms by parol evidence. (See Max. No. 143.)
* 287. Where one of two innocent parties must sufl'er
by the fraud of another, he who has enabled the
fraud to be committed must be the sufferer.
Thus, if A. on the strength of a representation by B.,
G
Digitized by Microsoft®
74 A COLLECTION OF LATIN MAXIMS.
which is false, signs a receipt, and C, on the faith of the
receipt, completes a purchase — here A. must suffer, and
not C. (See French v. Hope, 56 L. J. Ch. 363.)
* 288. Where there is equal equity the law must pre-
vail. That is, who is first in point of time.
(See Max. No. 220.)
PRINTED BY WILLIAM CLOWES AND SONS, LIMITED, LONDON AND BECC
Digitized by Microsoft®
Digitized by Microsoft®
Digitized by Microsoft®
Digitized by Microsoft®
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11