Part 1

# A collection of Latin maxims and phrases literally translated: Intended for the use of students for all legal examinations ### By Cotterell, John N.

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A COLLECTION OF LATIN MAXIMS AND PHRASES =Literally Translated.= 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 auctoritas, atque quod maximè omnibus probetur.”—_Co. Litt._, 1 Inst. xi.

_THIRD EDITION._

LONDON: STEVENS AND HAYNES, =Law Publishers,= BELL YARD, TEMPLE BAR. 1913.

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 convinced 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; therefore, 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.

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, 1881.

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 doubtfulness—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 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.

A COLLECTION OF LATIN MAXIMS AND PHRASES.

=* 1. A verbis legis non recedendum est.= _The words of the law must not be departed from._

Acts of Parliament must be interpreted strictly according 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 principale.= _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. 171.)

=* 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_, 1 Smith, L. C. 11th ed. p. 132.)

=* 5. Actio personalis moritur cum personâ.= _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. Compensation may also be recovered in some cases of trespass. (See Chitty, 16th ed. p. 347.)

=6. Actus curiae neminem gravabit.= _The act of the Court shall prejudice no man._

(_Cumber_ v. _Wane_, 1 Sm. L. C. 11th 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.

=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 person’s 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, 116 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 questions 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 principle of law. (See Max. No. 74.) Where a person is 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 contracted 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_, 1 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 poenâ 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 elsewhere, 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 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.= _The 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 Donis_, 13 Edw. I. c. 1 and _Quia emptores_, 18 Edw. I. c. 1, 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 afterwards, allowance being made for gestation where the same actually exists.

=16. Allegans 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. Allegans 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 intentionally done wrongly. See _In re Hallett, Knatchbull_ 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 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 ambiguously, the same being words of the lessor, are construed most strongly as against him. (See Chitty on Contracts, 16th ed. p. 113; also Max. No. 272.)

=* 19. Ambiguitas verborum latens verificatione suppletur; 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 nullâ verificatione excluditur.= _A patent ambiguity of the words cannot 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 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 possession 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 midstream, 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. 15th ed. Cap. 1.)

=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 possessing similar rights.

=24. Auctori incumbit onus probandi.= _The onus of proof lies on the plaintiff._

(See Maxs. Nos. 69 and 252.)

=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 chartarum, ut res magis valeat quam pereat.= _Constructions 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 £100, 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._

=* 28. Caveat emptor (Qui ignorare non debuit quod jus alienum emit).= _Let the buyer 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, 16th 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 praesumitur solutum.= _A deed found with a debtor is presumed to be satisfied._

If a person, who has effected a mortgage on his property, 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 suspicionem.= _Unusual clauses always excite suspicion._

In _Twyne’s Case_ (1 Sm. L. C. 11th ed. p. 1), a deed containing a clause that the gift was made “honestly, truly, and bonâ fide,” was held fraudulent and void, even although made for valuable consideration. (See Maxs. Nos. 61 and 63.) The French maxim of “Qui s’excuse s’accuse” may in like cases be noted with advantage.

=32. Cognovit actionem.= _He had admitted the action._

=33. Commodum ex injuriâ suâ 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 tollit errorem.= _Consent removes a mistake_; 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. Consuetudo ex certâ 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.)

=38. Consuetudo pro lege servatur.= _Custom is protected by the law._

(See also Max. No. 37.)

=39. Contemporanea exposito est optima et fortissima in lege.= _A contemporaneous interpretation is the best and strongest in law._

In interpreting an old document or statute, consideration 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, 16th ed. p. 95, and Max. No. 275.)

=* 40. Contra non valentem agere nulla currit praescriptio.= _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, nullus.= _A contract arising from a base consideration, 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.

=* 42. Cuicunque aliquid conceditur, conceditur et id sine quo res ipsa esse non potuit.= _To whomsoever 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 conclusive, 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 voluntarily, 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.)

=46. Cujus est solum, ejus est usque ad coelum et ad inferos.= _Whose is the soil, his it is even to the skies and to the depths below._

Upon a conveyance of land, _simpliciter_, buildings, and timber being thereon will also pass, as also the mines thereunder,—“donec probeter in contrarium” (_i.e._, 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 generalissimum_—a most general term. (See Maxs. Nos. 188 and 224.)

=47. Culpa lata dolo 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 its application generally will do this. Moreover, it has no reference to deeds, where, if there be two such repugnant clauses, the first is received and the latter rejected. (See Maxs. Nos. 78 and 275.)

=50. Curia advisare vult.= _The court desires to consider._

In difficult cases judgment is frequently reserved.

=51. De fide et officio 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 immediately 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 debitoris.= _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 presumed, in the absence of any contrary intention, that such legacy was meant and given by the testator as a satisfaction of the debt. (See _Talbot_ v. _Shrewsbury_, 2 Wh. & Tu. 8th ed. p. 378.) This presumption of satisfaction, 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, 16th 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, 16th ed. p. 278; and Maxs. Nos. 194, 208, and 280.)

=56. Delicatus debitor est odiosus in lege.= _An extravagant 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 operation, 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 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 down._