A collection of Latin maxims and phrases literally translated Intended for the use of students for all legal examinations

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.