Inst
Categories: Criminal Law
Definition (1910 Edition)
8, 6 6; Dig. 38, 10, 3. Called amita mazima. Id. 38, 10, 10, 17. Called, in Bracton, abamita magna. Bract. fol. 68d.
4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8, So called from noze, the offense or injury com mitted. Inst. 4, 8, 1—Actio pignoratitia. An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 18, 7;
4, 6. 28; Gaius, iii. 137; Mackeld. Rom. Law, § 210.—Actio tutele. _ Action founded on the duties or obligations arising on the relatien analogous to that of guardian and ward. —Actio utilis. <A beneficial action or equitable action. An action founded on equity instead of strict law,’ and available for those who-had equitable rights or the beneficial ownership of property. Actions are divided into directe or utiles actions. The former are founded on certain legal obligations which from thei? eprigin were accurateby defined and recognized as actionable. The latter were formed analogically in imitation of the former. They were permitted in legal obligations for which the acttones directe® were not originally intended, but which resembled the legal obligations which
4, 6,1; Bract. fols. 102, 103.
4, 1, 18. AOTIONS RESCISSORY. In Scotch
80. By the word “fee” is intended feesimple, fee-tail not being intended by it, unless there be added to it the addition of the word 2 Bl. Comm. 106; Litt. § 1.
2, 1, 26-34; Dig. 6, 1, 23; Mackeld. Rom. Law, § 276. See ACCESSIO.
2, 3.
3, 6, 1.
2, 5, 18..
3, 6, 3.
3, 6. 1.
3, 8, 48. But it is sometimes used in a more limited sense. Bell.
2,
110, 2 Bl. Comm. 429; Griffith v. Railroad Co., 23 S. C. 32, 55 Am. Rep. 1.
3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1;
3, 25, pr. 2.
17.
4, 18, 3.
552. The court of chancery is the workshop of justice.
3, 15, 1; Bract. fol. 150.
3, 8, 96. A deed is understood to be in death-bed, if, before signing and delivery thereof, the grantor was si and never convalesced thereafter. 1 Forbes, Inst. pt. 3, b. 2, c. 4, tit. 1, $1. But it is not necessary that he should be actually confined to his bed at the time of making the deed. Bell.
34. This maxim is taken-from Bracton.
4, 4, 108.
2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who ac-
506.
4, 18, 1—Exceptio im personam. A plea or defense of a personal nature, which may be alleged only by the person himself: to whom it is granted by the law. Mackeld. Rom Law, § 217.—Exceptio in rem. A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, including the heirs and sureties of the proper or original debtor. Mackeld. Rom. Law, § 217.—Exceptio jurisjurandi. An exception of oath; an exception or plea that the matter had been sworn to.
4, 13, 4. This kind of exception was allowed where a debtor, at the instance of his creditor, (creditore deferente,) had sworn that nothing was due the latter, and had notwithstanding been sued by him.—Exceptio metus. An exception or plea of fear or compulsion.
4, 13, 1, 9; Bract. fol. 1003. Answering to the modern plea of duress.—Exceptio non pleti contractus. An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plaintiff is not entitled to sue because he has not performed his own part of the agreement. Mackeld. Rom. Law, § 394.—Exceptio non soluts pecunis. <A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an ac quittance or receipt given by the person t whom the payment is stated to have been made. Mackeld. Rom. Law, § 534.—Exceptio pacti conventi. An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.—Exceptio pecunis= mon numeratss. An exception or plea of money not paid; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.—Exceptio peremptoria. A peremptory exception; called also “‘perpetua,”’ (perpetual;) one which forever destroyed the subject-matter or ground of the action, (quA semper rem de qua agitur perimit;) such as the exceptio doli mali, the exceptio mctus,ete. Inst. 4, 13, 9. See Dig. 44, 1, 3—Exceptio ref judicatss. An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and is constantly used in modern law to denote a defense founded upon a previous adjudication of the same matter. Bract. fols. 1000, 177; 2 Kent, Comm. 120. A plea of a former recovery or judgment.—Exceptie rei vendits et tradits. <An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence of the rule that no one can transfer to another a greater right than he himself has, no property was transferred, yet because of some particular circumstance the real owner is estop from contesting it. Mackeld. Rom. Law, § 299.—Exceptio senatusconsulti Maocedo . A defense to an action for the re covery of money loaned, on the ground that the loan was made to a minor or person under thé
1, 8, 2.
6. 1, c 18, § 10.
2, 19, 1.—Hseredes pro Nearest or next heirs. ‘The children or descendants of the deceased.—Heeres rectus. In old ‘Englis
pt. 3, p. 75.—Heir of the blood. An inheritor who suceeds to the estate by virtue of consanguinity with the decedent, either in the ascending or descending line, including illegitimate children, but excluding husbands, wives, and adopted children. Hay en v. Barrett, 172
178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of A prisoner. Id.
no. 3828; 1 Story, Eq. Jur. § 111; 7 Watts, 374.
p. 676, § 23.
210.
4, 11, 3.
2, 7, 2.
79.
2, 8, 2; Bract. fols. 538b, 222.
56. See Borden v. State, 11 Ark. 528, -44 Am. Dec. 217; Duncan v. Magette, 25
315. The law of England is a law of mercy.
240. The law always abhors delays.
pt. 3, p. 102.
2, 1, 45.
291.
348. Many men have known many things; no one has known everything.
2, 9, 19.
170.
275. °
217. A person may not be punished differently than according to what the sentence enjoins. —
273; Jenk. Cent. 88; Broom, Max. 65.
116; Wharton.
282; Broom, Max. 917, 930, 931
pt. 2, pp. 112, 118.
113. <A pirate is an enemy of the human race.
4, 6, 18, 19. —Pona corporalis. Corporai punishment.—
3; 6, 3; Dig. 38,
3, 6 1; Bract.
proem.
48. That which cannot be done directly shall not be done indirectly. Broom,
2, 1, 12. Adopted in the common law. 2 Bl. Comm. 258.
2, 1,1; Mackeld. Rom. Law, § 169.—Res controversa. In the civil law. A matter controverted; a matter in controversy; a point in question; a question for determination. Calvin. —Res corons. In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fileta, lib. 3, c. 6, § 3.. —Res corporales. In the civil law. Corporeal things; things which can be touched, or are perceptible to the senses. Dig. 1, 8, 1, 1; Inst. 2; Bract. fols. 7b, 100, 13).—Res derelicta. Abandoned property; property thrown away or. forsaken by the owner, so as to become open to the acquisition of the first taker or occupant.
2, 1, 6; Mackeld. Rom. Law, § 170.
44.
2; 1, :10.:
4.
51. If a man kill one, meaning to kill another, he is held guilty of felony.
169.
714; 4.Reeve, Eng. Law, 18.
4, 6, 24.
878. A statute is said to be by the grace of the king. when the king deigns to yield some portion of his royal rights for the good and quiet of his people.
2, 9, 7; Heinece. Elem. lib. 2, tit. 10.
279. An eye-witness is preferred to others.
no. 4237.
220. It is safer to err on the gentler side.
289.
43. Where the law is special, and the reason of it general, it ought to be taken as being general.
4, 15, 4; Mackeld. Rom. Law, § 260.
108.
2, 6, 4; 1 Bl. Comm. 298.
8, 24; Bract. fol. 41. —Wenditor regis. In old English law. The king’s seller or salesman; the person who ex-
de Nuntiis. The modern way is to give the number of the book, title, and paragraph. thus ;—Inst. I. 10, 12; would be read Inst.,
4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8, So called from noze, the offense or injury com mitted. Inst. 4, 8, 1—Actio pignoratitia. An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 18, 7;
4, 6. 28; Gaius, iii. 137; Mackeld. Rom. Law, § 210.—Actio tutele. _ Action founded on the duties or obligations arising on the relatien analogous to that of guardian and ward. —Actio utilis. <A beneficial action or equitable action. An action founded on equity instead of strict law,’ and available for those who-had equitable rights or the beneficial ownership of property. Actions are divided into directe or utiles actions. The former are founded on certain legal obligations which from thei? eprigin were accurateby defined and recognized as actionable. The latter were formed analogically in imitation of the former. They were permitted in legal obligations for which the acttones directe® were not originally intended, but which resembled the legal obligations which
4, 6,1; Bract. fols. 102, 103.
4, 1, 18. AOTIONS RESCISSORY. In Scotch
80. By the word “fee” is intended feesimple, fee-tail not being intended by it, unless there be added to it the addition of the word 2 Bl. Comm. 106; Litt. § 1.
2, 1, 26-34; Dig. 6, 1, 23; Mackeld. Rom. Law, § 276. See ACCESSIO.
2, 3.
3, 6, 1.
2, 5, 18..
3, 6, 3.
3, 6. 1.
3, 8, 48. But it is sometimes used in a more limited sense. Bell.
2,
110, 2 Bl. Comm. 429; Griffith v. Railroad Co., 23 S. C. 32, 55 Am. Rep. 1.
3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1;
3, 25, pr. 2.
17.
4, 18, 3.
552. The court of chancery is the workshop of justice.
3, 15, 1; Bract. fol. 150.
3, 8, 96. A deed is understood to be in death-bed, if, before signing and delivery thereof, the grantor was si and never convalesced thereafter. 1 Forbes, Inst. pt. 3, b. 2, c. 4, tit. 1, $1. But it is not necessary that he should be actually confined to his bed at the time of making the deed. Bell.
34. This maxim is taken-from Bracton.
4, 4, 108.
2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who ac-
506.
4, 18, 1—Exceptio im personam. A plea or defense of a personal nature, which may be alleged only by the person himself: to whom it is granted by the law. Mackeld. Rom Law, § 217.—Exceptio in rem. A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, including the heirs and sureties of the proper or original debtor. Mackeld. Rom. Law, § 217.—Exceptio jurisjurandi. An exception of oath; an exception or plea that the matter had been sworn to.
4, 13, 4. This kind of exception was allowed where a debtor, at the instance of his creditor, (creditore deferente,) had sworn that nothing was due the latter, and had notwithstanding been sued by him.—Exceptio metus. An exception or plea of fear or compulsion.
4, 13, 1, 9; Bract. fol. 1003. Answering to the modern plea of duress.—Exceptio non pleti contractus. An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plaintiff is not entitled to sue because he has not performed his own part of the agreement. Mackeld. Rom. Law, § 394.—Exceptio non soluts pecunis. <A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an ac quittance or receipt given by the person t whom the payment is stated to have been made. Mackeld. Rom. Law, § 534.—Exceptio pacti conventi. An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.—Exceptio pecunis= mon numeratss. An exception or plea of money not paid; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.—Exceptio peremptoria. A peremptory exception; called also “‘perpetua,”’ (perpetual;) one which forever destroyed the subject-matter or ground of the action, (quA semper rem de qua agitur perimit;) such as the exceptio doli mali, the exceptio mctus,ete. Inst. 4, 13, 9. See Dig. 44, 1, 3—Exceptio ref judicatss. An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and is constantly used in modern law to denote a defense founded upon a previous adjudication of the same matter. Bract. fols. 1000, 177; 2 Kent, Comm. 120. A plea of a former recovery or judgment.—Exceptie rei vendits et tradits. <An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence of the rule that no one can transfer to another a greater right than he himself has, no property was transferred, yet because of some particular circumstance the real owner is estop from contesting it. Mackeld. Rom. Law, § 299.—Exceptio senatusconsulti Maocedo . A defense to an action for the re covery of money loaned, on the ground that the loan was made to a minor or person under thé
1, 8, 2.
6. 1, c 18, § 10.
2, 19, 1.—Hseredes pro Nearest or next heirs. ‘The children or descendants of the deceased.—Heeres rectus. In old ‘Englis
pt. 3, p. 75.—Heir of the blood. An inheritor who suceeds to the estate by virtue of consanguinity with the decedent, either in the ascending or descending line, including illegitimate children, but excluding husbands, wives, and adopted children. Hay en v. Barrett, 172
178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of A prisoner. Id.
no. 3828; 1 Story, Eq. Jur. § 111; 7 Watts, 374.
p. 676, § 23.
210.
4, 11, 3.
2, 7, 2.
79.
2, 8, 2; Bract. fols. 538b, 222.
56. See Borden v. State, 11 Ark. 528, -44 Am. Dec. 217; Duncan v. Magette, 25
315. The law of England is a law of mercy.
240. The law always abhors delays.
pt. 3, p. 102.
2, 1, 45.
291.
348. Many men have known many things; no one has known everything.
2, 9, 19.
170.
275. °
217. A person may not be punished differently than according to what the sentence enjoins. —
273; Jenk. Cent. 88; Broom, Max. 65.
116; Wharton.
282; Broom, Max. 917, 930, 931
pt. 2, pp. 112, 118.
113. <A pirate is an enemy of the human race.
4, 6, 18, 19. —Pona corporalis. Corporai punishment.—
3; 6, 3; Dig. 38,
3, 6 1; Bract.
proem.
48. That which cannot be done directly shall not be done indirectly. Broom,
2, 1, 12. Adopted in the common law. 2 Bl. Comm. 258.
2, 1,1; Mackeld. Rom. Law, § 169.—Res controversa. In the civil law. A matter controverted; a matter in controversy; a point in question; a question for determination. Calvin. —Res corons. In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fileta, lib. 3, c. 6, § 3.. —Res corporales. In the civil law. Corporeal things; things which can be touched, or are perceptible to the senses. Dig. 1, 8, 1, 1; Inst. 2; Bract. fols. 7b, 100, 13).—Res derelicta. Abandoned property; property thrown away or. forsaken by the owner, so as to become open to the acquisition of the first taker or occupant.
2, 1, 6; Mackeld. Rom. Law, § 170.
44.
2; 1, :10.:
4.
51. If a man kill one, meaning to kill another, he is held guilty of felony.
169.
714; 4.Reeve, Eng. Law, 18.
4, 6, 24.
878. A statute is said to be by the grace of the king. when the king deigns to yield some portion of his royal rights for the good and quiet of his people.
2, 9, 7; Heinece. Elem. lib. 2, tit. 10.
279. An eye-witness is preferred to others.
no. 4237.
220. It is safer to err on the gentler side.
289.
43. Where the law is special, and the reason of it general, it ought to be taken as being general.
4, 15, 4; Mackeld. Rom. Law, § 260.
108.
2, 6, 4; 1 Bl. Comm. 298.
8, 24; Bract. fol. 41. —Wenditor regis. In old English law. The king’s seller or salesman; the person who ex-
de Nuntiis. The modern way is to give the number of the book, title, and paragraph. thus ;—Inst. I. 10, 12; would be read Inst.,
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.