Latin Translator -- https://www.webtran.eu/latin_english_translator/
p 12 -- Actus non facit reum nici mens sit rea. The act is not guilty unless the mind is guilty.
"No felony or murder may be committed without a felonious intent and purpose;"
p. 207 -- Ubi non est lex, ibi non est transgreſſio, quoad mundum.
Th; purpoſe or intent of a man without ačt, is not puniſhable by law.
God only can ſearch the heart, and know the thoughts of man; for the thoughts of man are deceitful above meaſure, much less can one man dive into the thoughts of another; for they are unsearchable and past finding out nothing being more inconſtant and deceitful, ſo as they can only be gueſſed at by overt ačts, and that with great incertainty, and therefore human - laws can go no further than to judge of the intent by the act.
P. 21 -- Apices juris non sunt jura -- The tips of rights are not the rights.
"The law of England reſpečteth the effe&t and ſubſtance of the mat ter, and not every nicety or form of circumſtance."
p. 26 -- Caveat emptor -- Buyer Beware. Buyer is responsible for due dilligence
p 275 -- Purchaſer, without notice, not bound to diſcover to his own hurt.
When one is obliged to give notice to another, it is thus, when the matter lieth more in the knowledge of the one that, the other, and he cannot come to that knowledge but by his means; but when one knows as well as the other, neither is bound to give notice.
p. 31 -- Pater et mater et puer ſunt una caro - The father and mother and child are one body.
p. 36 -- "Conscience must always be grounded upon some law."
p. 42 -- "Contračis are to be taken according to the intent of the parties, expreſſed by their own words. I. A'. contraćts are to be taken according to the intent of the parties expreſſed by their own words, and if there be any doubt in the ſenſe of the words, ſuch interpretation muſt be made as is moſt ſtrong againſt the grantor or obligor, that he may not by obſcure wording of the contračt find means to evade and elude it."
p. 56 -- Dona clandestina sunt semper suspiciosa. -- Claims of gifts are always suspicious.
p. 57 -- Donatio principis intelligitur sine praejudicio tertii -- Presentation of the captain is without prejudice to a third party.
Though the king may dispense with a statute prohibiting a matter indifferent to be done, yet he cannot change the common law by his patent.
The king may not grant that if a man treſpaſs upon me, I ſhall not have an action againſt him.
p. 101 -- Every issue ought to conſiſt of an affirmative and a negative.
p. 107 -- Exceptio probat regulam. The exception proves the rule.
p. 118 -- Felony, the puniſhment annexed to it was, ut poena ad paucos, metus ad omnes, perveniat. so that punishment may come to a few, but the fear of it all, (Make an example)
The puniſhment of felony is grievous, 1. To lose his life; 2. In so odious a manner, as to be hanged by the neck between heaven and earth as unworthy of both ; 3. To loſe his blood, as well to his anceſtry; for he is reckoned the ſon of the earth without any anceſtor ; as well as to his poſterity, for his blood is corrupt, and he hath neither heir nor poſterity; 4. His lands; 5. His goods; and in ſuch caſe the king hath, annum, diem et vaſium, to the intent that his wife and children may be caſt out, his houſes and buildings laid waſte, his trees rooted up by the roots, his meadows ploughed, and all things that he hath for his comfort, delight or ſuſtenance, be waſted and deſtroyed, becauſe he hath so feloniously offended againſt the law; and all this was,
p. `122 -- Fictio cedit veritati. Fiction yields to truth
p. 142 -- Impotentia excusat legem. Inability to perform excuses the law.
p. 172 -- King, head of the law, and fountain of juſtice.
THE king is stabilimentum justitiae (upholds justice) The king is the fountain of juſtice and common right, and God's vicegerent, and, as ſuch, can do no wrong,
p. 176 -- Law favours juſtice and truth, but abhors falſhood, variance, contrariety, folly, negligence, delay, unneceſſary circumſtances, circuity of actions and matters of vexation, infiniteness and uncertainty.
Favours juſtice and truth.
Executio juris non babet injuriam, the law is good, the abuſe thereof is the fault. Hob. 266. 2. Statutes to ſuppreſs tort, or toll fraud, bind the king, though not named ; for juſtice and truth are the ſupporters of his diadem.
3. The king may not determine the office of a ſheriff or any part of it, without making a new ſheriff for the execution and adminiſtration of ju ſtice. 4 Co. 33
4. Entries of feigned ačtions in London, were utterly condemned by the whole court; for that by colour of law and juſtice, they by ſuch means aćted againſt both, and made law and juſtice the author and cauſe of tort and injuſtice. 4 Co. Counteſs of Rutland's caſe.
p. 179 -- Uncertainty is the mother of contention and confuſion.
p. 188 -- [Conflicts of Interest] The law was provided not to engender, but prevent suits; and - therefore provides that things be done by indifferent means and perſons; that there be no suspicion of indifferent dealing.
196 -- Liberty is the greatest jewel
p. 241 -- Drunkard, who by his own vicious ačt depriveth himſelf of his memory and underſtanding, ſhall have no benefit or privilege, as being non compos mentis, either to him or his heirs, &c. Co. Lit. 247. a. See 4 Co. Beverley's caſe. 2. As for a drunkard who is voluntarius daemon, he hath, as hath been ſaid, no benefit or privilege thereby; but what hurt or ill ſoever he doth, his drunkenneſs aggravateth it. Omne crimen ebrietas et incendit et detegit.
p. 260 -- Particeps criminis -- accomplice to a crime
p. 270 -- Plus peccat author quam actor. More seriously as an actor responsible
One preſent at the death of another, whom he incited a third perſon to kill; by this he is principal, as well as he who actually committed the murder.
p. 286 -- Qui semel malus semper praesumitur else malus in codem genere. He once bad is presumed else bad in the same class.
ACTION for words, ſaying of a merchant, he came a broken merchant from Hamborough, held actionable; and not like the caſe where one ſaid of a merchant, That he was a poor man within theſe feven years; or of a workman, That he was a weak workman, and had but little ſkill within theſe few years, where adion lieth not; for that he may be a rich man, or a good workman at the time of the ſpeaking; and there they do not charge him with any crime, and by intendment it may have a good conſtruction ; but here he chargeth him with having been once broken,
p. 296 -- Ratio legis eft anima legis. Reason is the soul of the law.
The outward words of the law are not the law, but the inward ſenſe and meaning thereof; for our law, as all others, hath two parts, fleſh and ſoul, the letter reſembleth the fleſh, and the intent and reaſon the ſoul;
p. 304 -- Res judicata pro veritate habetur. It has been judged to have truth.
When a matter hath received the ſanétion of a judgment or decree on its fide, the preſumption is, that it is right; for res judicata pro veritate habetur; as when our judges or courts of law acknow ledged the pope head and grand ſovereign from whom all eccleſiaſtical per ſons had their power.
