One of the best things about running an OCR farm is that we are never short of quality content with which to populate this blog. Below is a very astute appendix from “A Plain Outline of Law”
THE following are translations of many of the numerous Latin maxims bearing on the law, those selected being mostly taken from the collec¬tion embodied in Wharton’s useful Law Lexicon.
Reason is the soul of law ; the reason of law being changed, the law is also changed.
Reason is the formal cause of custom.
Reason can be alleged when the law is defective; but reason must be true and legal, and not apparent. Law is the rule of right, and that which is contrary to the rule of right is an injury. Law is the highest reason, which commands those things which are useful and necessary, and prohibits the contrary. Law is a sacred sanction, commanding what is honourable, and prohibiting what is contrary. The law is the safest helmet; under the shield of the law none are deceived.
The law intends what is consistent with reason.
The law speaks to all with the same mouth.
The law makes use of a fiction where equity subsists.
The law will always give a remedy.
The law dislikes delay.
The law looks forward, not backward.
The law never allows anything contrary to truth.
The law cares not for trifles.
The law is not defective in administering justice.
The law intends not anything impossible.
The law regards the order of nature.
The law aids the ignorant.
The law punishes a lie.
The law does not favour the wishes of the dainty.
The law works harm to no one, does injury to no one.
The law of necessity is the law of time and place.
The law is not to be violated by the king.
The law dispenses what use has approved.
The safety of the people is the supreme law.
The laws are silent amidst arms.
The custody of the law is stronger than that of mah.
The disposition of the law is stronger and more equitable than that
The laws consist, not in being read, but in being understood.
Simplicity is favourable to the laws; and too much subtilty in law is to be reprobated.
Allegiance is the essence of law ; it is the chain of faith.
As nature does not do anything by a leap, neither does the law.
The laws of nature are immutable.
Laws are abrogated by the same means by which they are con¬stituted. What is done contrary to law, is considered as not done. Ignorance of the fact excuses; ignorance of the law excuses not. Politics are to be adapted to the laws, and not the laws to politics. Law regards equity. Law sometimes follows equity. Equity follows the law. Where the equities are equal, the common law must prevail. Equity operates on the conscience. Equity never counteracts the laws. Equity is a correction of the law, when too general, in that part in which it is defective.
Equity is tantamount to equality.
That which is equal and good is the law of laws.
Justice is to be denied to none.
Justice is neither to be denied nor delayed.
Justice, truly preventing, is better than severely punishing.
Justice regards truth alone.
Let right be done, though the heavens should fall.
Let nothing be rashly changed.
Evidence is to be weighed, not enumerated.
An eye-witness is preferred to others.
One eye-witness is more than ten ear-witnesses.
It is the province of the law to determine what right is, and what constitutes injury.
It is the duty of the judge to declare, not to make the law.
The best interpretation is made from the context.
As judges do not answer to questions of fact, so juries do not answer to questions of law.
Juries are the judges of fact.
No one should be judge in his own cause.
Judgments are the dicta of law, and are accepted as truth.
A judge is the spokesman of the law.
A judge ought always to have equity before his eyes.
A judge cannot punish an injury done to himself.
A judge should have two salts; the salt of wisdom, lest he be insipid and the salt of conscience, lest he be diabolical.
Where there is a right, there is a remedy.
Public rights are preferred to private.
A right does not arise out of a wrong.
All things are presumed against a wrong-doer.
The king can do no wrong.
No time or place affects the king.
The king protects the law, and the law protects right.
Right cannot die.
Every man’s house- is his castle.
Silence gives consent.
Use your own rights so that you do not hurt another.
The intention is to be taken for the deed.
The will, not the consequence, is regarded in crimes.
The will of a testator is ambulatory until his death.
No one is bound to an impossibility.
No one is punished for the crime of another.
No one can do, through another, what he cannot do through him¬
No one can transfer to another a greater right than he has himself.
No one is presumed to be bad.
No one is bound to accuse himself.
No one is bound to arm his adversary against himself.
No one can take advantage of his own wrong.
No one is the heir of the living.
No one is punished except for some injury, deed, or default.
An act does not make one guilty, unless it be his intention to do it.
Neither an act of God nor of law operates as an injury.
The burden of proof lies on a plaintiff.
Let the purchaser beware.
Let the principal answer.
You ought to know with whom you bargain.
The risk of a thing sold, and not yet delivered, is the purchaser’s.
Whatever is affixed to the soil belongs to the soil
To write is to act.
That is certain which can be rendered certain—but that is more
certain which is certain on the face of it.
The mention of one person is the exclusion of another.
What is expressed makes what is silent to cease.
It is the same thing to say nothing as to Say insufficiently.
An action does not arise out of a fraud.
It is fraud to conceal fraud.
Fraud and justice never dwell together.
Fraud and deceit ought not to be beneficial to any one.
An action does not arise out of a nude contract, i,e., one made with¬
Debt and contract are of no place. A debtor is not presumed to give. He who pays tardily pays too little. He who gives quickly gives twice. He who acts through another acts through himself. He who sticks to the letter sticks to the rind. Fiction yields to truth ; where there is truth, there is no fiction of
Execution is the execution of the law, according to the judgment. Custom is the best interpreter of the law. Custom is another law. A custom ought to be certain; for an uncertain custom has no
Custom and agreement overrule law. Necessity overcomes law; it derides the fetters of law. Deeds are more powerful than words. The exception proves the rule as to things not excepted. A double negative is an affirmative. False spelling or false grammar does not vitiate a grant. Remove the cause, the effect ceases. Remove the foundation, the superstructure falls. Whose it is to give, his it is to dispose of. Whose is the soil, his it is even to the sky.