C.
Carcer ad homines custodiendos, non ad puniendos, dari debet.
A prison ought to be assigned for keeping men, not for punishing them.
A prison ought to be assigned for keeping men, not for punishing them.
Carcer non supplicii causa sed custodiæ constitutus.
A prison is ordained not for the sake of punishment, but for ward.
A prison is ordained not for the sake of punishment, but for ward.
Casus fortuitus non est sperandus, et nemo tenetur divinare.
A fortuitous case is not to be calculated upon, and nobody is bound to conjecture what may happen.
A fortuitous case is not to be calculated upon, and nobody is bound to conjecture what may happen.
Casus omissus pro omisso habendus est.
A case omitted is to be considered as omitted.
A case omitted is to be considered as omitted.
Casus omissus et oblivioni datus, depositioni communis juris relinquitur.
A case omitted and consigned to oblivion is left to the disposal of common law.
A case omitted and consigned to oblivion is left to the disposal of common law.
Catella juste possessa amitti non possunt.
A little whelp, (perhaps cattle), lawfully possessed, cannot be lost. [SeeTranscriber’s Note.]
A little whelp, (perhaps cattle), lawfully possessed, cannot be lost. [SeeTranscriber’s Note.]
Catalla reputantur inter minima in lege.
Chattels are considered as among the least things, in law.
Chattels are considered as among the least things, in law.
Causa et origo est materia negotii.
Cause and origin are the subject matters of business.
Cause and origin are the subject matters of business.
Causa publica vicarium non recipit.
A public cause does not admit of a substitute.
A public cause does not admit of a substitute.
Causa vaga et incerta, non est causa rationabilis.
A vague and uncertain cause is not a reasonable cause.
A vague and uncertain cause is not a reasonable cause.
Cautionis in re plus est quam in persona.
There is more security in the thing than in a person.
There is more security in the thing than in a person.
Caveat emptor; caveat venditor.
Let the purchaser beware—let the seller beware.
Let the purchaser beware—let the seller beware.
Caveat emptor; qui ignorare non debuit quod jus alienum emit.
Let the purchaser take care; who ought not to be ignorant what right of another he purchases.
Let the purchaser take care; who ought not to be ignorant what right of another he purchases.
Certa debet esse intentio et narratio, et certum fundamentum, et certa res quæ deducitur in judicium.
The design and narration ought to be certain, and the foundation certain, and the matter certain, which is brought into court to be tried.
The design and narration ought to be certain, and the foundation certain, and the matter certain, which is brought into court to be tried.
Certum est quod certum reddi potest.
What can be rendered certain is certain.
What can be rendered certain is certain.
Cessa regnare si non vis judicare.
Cease to reign if there be no power to judge.
Cease to reign if there be no power to judge.
Cessante causa, cessat effectus.
The cause ceasing, the effect ceases.
The cause ceasing, the effect ceases.
Cessante ratione legis, cessat ipsa lex.
The reason of a law discontinuing, the law itself discontinues.
The reason of a law discontinuing, the law itself discontinues.
Charta ejus quæ sub potestate viri sit in lege nulla.
The writing of that woman who is under the power of her husband has no legal weight—is void in law.
The writing of that woman who is under the power of her husband has no legal weight—is void in law.
Chirographum apud debitorem repertum præsumitur solutum.
A bill found in the possession of a debtor, is presumed to be paid.
A bill found in the possession of a debtor, is presumed to be paid.
Certa res oportet in judicium deducatur.
A certain matter is necessary sometimes to be brought into court for trial.
A certain matter is necessary sometimes to be brought into court for trial.
Clam delinquentes magis puniuntur quam palam.
Clandestine transactions are more severely punished than those openly committed.
Clandestine transactions are more severely punished than those openly committed.
Clausula generalis de residuo non ea complectitur quæ non ejusdem sint generis cum iis quæ speciatim dicta fuerant.
A general clause of reservation does not comprehend those things which may not be of the same kind with those which have been specially expressed.
A general clause of reservation does not comprehend those things which may not be of the same kind with those which have been specially expressed.
Clausula generalis non refertur ad expressa.
A general clause does not refer to things mentioned.
A general clause does not refer to things mentioned.
Clausula vel dispositio inutilis per præsumptionem remotam vel causam ex post facto non fulcitur.
An unnecessary clause, or disposition, is not supported by a remote inference, or an ex post facto cause.
An unnecessary clause, or disposition, is not supported by a remote inference, or an ex post facto cause.
Clausulæ inconsuetæ semper inducunt suspicionem.
Uncustomary clauses always induce suspicion.
Uncustomary clauses always induce suspicion.
Clerici non ponantur in officio seculari.
The clergy cannot be placed in a secular office.
The clergy cannot be placed in a secular office.
Collegium seu corpus corporatum nisi regiis constitutionibus non potest existere.
A college or incorporated body, cannot exist unless by royal authority.
A college or incorporated body, cannot exist unless by royal authority.
Commercium jure gentium commune esse debet, et non in monopolium et privatum paucorum quæstum convertendum.
Commerce by the law of nations ought to be common, and not to be converted into a monopoly, and the private gain of a few.
Commerce by the law of nations ought to be common, and not to be converted into a monopoly, and the private gain of a few.
Commodum ex injuria sua nemo habere debet.
Nobody ought to derive advantage from his injurious behaviour.
Nobody ought to derive advantage from his injurious behaviour.
Communis error facit jus.
A common error makes law necessary.
A common error makes law necessary.
Communiter unum officium est excusatio alterius.
One duty commonly is the excuse for the non performance of another.
One duty commonly is the excuse for the non performance of another.
Concessio versus concedentem latam interpretationem habere debeat.
A grant made to another person granting, should have a wide interpretation.
A grant made to another person granting, should have a wide interpretation.
Condictio dicitur, cum quid in casum incertum, qui potest tendere ad esse aut non esse, confertur.
The appointment of an action for a certain day, is said to take place, when any thing in an uncertain case happens, which may have a tendency to be or not to be. [SeeTranscriber’s Note.]
The appointment of an action for a certain day, is said to take place, when any thing in an uncertain case happens, which may have a tendency to be or not to be. [SeeTranscriber’s Note.]
Condictio rei furtivæ, quia rei habet persecutionem, hæredem quoque furis obligat.
The appointment of an action on a certain day, relating to stolen goods, as it implies the production of these stolen goods, binds the heir of the thief also.
The appointment of an action on a certain day, relating to stolen goods, as it implies the production of these stolen goods, binds the heir of the thief also.
Condictio præcedens adimpleri debet priusquam sequatur effectus.
The appointment of an action preceding, ought to take place before any effect can follow. [SeeTranscriber’s Note.]
The appointment of an action preceding, ought to take place before any effect can follow. [SeeTranscriber’s Note.]
Condictio ad liberum tenementum auferendum non nisi ex facto placitari debet.
An argument for taking away a free tenure, ought not to be pleaded, except from the deed.
An argument for taking away a free tenure, ought not to be pleaded, except from the deed.
Conditio beneficialis quæ statum construit, benigne, secundum verborum intentionem est interpretanda; odiosa, autem, quæ statum destruit, stricte, secundum verborum proprietatem, accipienda.
A beneficial agreement which confirms one state, is to be interpreted favourably, according to the intention of the words; but an odious agreement, which destroys one state, is to be understood strictly, according to the exact meaning of the words.
A beneficial agreement which confirms one state, is to be interpreted favourably, according to the intention of the words; but an odious agreement, which destroys one state, is to be understood strictly, according to the exact meaning of the words.
Conditio ex parte extincta ex toto extinguitur.
An agreement extinguished in part, is wholly extinguished.
An agreement extinguished in part, is wholly extinguished.
Conditio liberum tenementum cassans non per nuda verba sine charta valebit.
An agreement making void a free tenement, will have no weight by bare words without writing.
An agreement making void a free tenement, will have no weight by bare words without writing.
Conditio neminem juvabit nisi qui pars fuerit aut privus.
An agreement shall avail no one, unless he shall have been a party, or privy to it.
An agreement shall avail no one, unless he shall have been a party, or privy to it.
Conditio partim extincta in omnibus extinguitur.
An agreement extinguished in any of its parts, is extinguished in them all.
An agreement extinguished in any of its parts, is extinguished in them all.
Conditiones præcedentes ad normam legis severe exigendæ; aliter de subsequentibus ubi æquitati licet damnum rei infectæ pensari.
Preceding agreements must be rigorously exacted according to the rule of the law; it is otherwise concerning subsequent agreements, where equity is allowed to make up for the loss incurred by the failure.
Preceding agreements must be rigorously exacted according to the rule of the law; it is otherwise concerning subsequent agreements, where equity is allowed to make up for the loss incurred by the failure.
Conditiones præcedentes stricte interpretandæ, sed non ita de subsequentibus.
Preceding agreements are to be strictly interpreted; but not so concerning subsequent ones.
Preceding agreements are to be strictly interpreted; but not so concerning subsequent ones.
Conditiones quælibet odiosæ; maxime autem contra matrimonium et commercium.
Some agreements are odious, but chiefly those against matrimony and commerce.
Some agreements are odious, but chiefly those against matrimony and commerce.
Confessio facta in judicio, omni probatione major est.
Confession made in a trial is stronger than all proof.
Confession made in a trial is stronger than all proof.
Confessus in judicio pro judicato habetur, et quodammodo sua sententia damnatur.
A person who confesses on trial, is considered as judged; and in some measure is condemned on his own admission.
A person who confesses on trial, is considered as judged; and in some measure is condemned on his own admission.
Confirmare nemo potest priusquam jus ei accederit.
Nobody can confirm before the right fall to him.
Nobody can confirm before the right fall to him.
Confirmare est id quod prius infirmum fuit, firmare vel firmum facere.
To confirm is to strengthen, or make strong, that which before was weak.
To confirm is to strengthen, or make strong, that which before was weak.
Confirmat usum qui tollit abusum.
He confirms the use who takes away the abuse.
He confirms the use who takes away the abuse.
Confirmatio est nulla ubi donum præcedens est invalidum.
There is no confirmation where the preceding gift is invalid.
There is no confirmation where the preceding gift is invalid.
Confirmatio est possessionis jure defective per eos quorum jus est ratihabitio.
The confirmation of a possession defective in law, is a ratification by means of those whose right it is.
The confirmation of a possession defective in law, is a ratification by means of those whose right it is.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit.
Confirmation supplies all defects, although that which was done at the beginning hath not been valid.
Confirmation supplies all defects, although that which was done at the beginning hath not been valid.
Conjunctio maris et fœminæ est de jure naturæ.
The conjunction or union of male and female is according to the law of nature.
The conjunction or union of male and female is according to the law of nature.
Conscientia legalis ex lege fundatur.
Legal consciousness is founded upon the law.
Legal consciousness is founded upon the law.
Conscientia legi nunquam contravenit.
Consciousness never contravenes the law.
Consciousness never contravenes the law.
Conscientia legis ex lege pendet.
A consciousness of the law depends upon the law.
A consciousness of the law depends upon the law.
Consensus est voluntas plurium ad quos res pertinet simul juncta, et in criminalibus silentium præsentis consensum præsumit; in civilibus nonnunquam vel absentis et ubi ejus interest etiam ignorantis.
Consent is the joint will of many, to whom the thing at the same time belongs; and in criminal cases the silence of a person present presumes consent: in civil cases, sometimes, that of the person absent, and even ignorant where his interest lies, does the same.
Consent is the joint will of many, to whom the thing at the same time belongs; and in criminal cases the silence of a person present presumes consent: in civil cases, sometimes, that of the person absent, and even ignorant where his interest lies, does the same.
Consensus facit jus.
Consent constitutes law.
Consent constitutes law.
Consensus facit legem.
Consent constitutes written law.
Consent constitutes written law.
Consensus non concubitus facit matrimonium, et consentire non possunt ante annos nubiles.
Consent, and not cohabitation, constitutes matrimony; and the parties cannot consent before marriageable years.
Consent, and not cohabitation, constitutes matrimony; and the parties cannot consent before marriageable years.
Consensus, non coitus, facit matrimonium.
Consent, and not coition, constitutes marriage.
Consent, and not coition, constitutes marriage.
Consensus tollit errorem.
Consent takes away error.
Consent takes away error.
Consentientes et agentes pari pœna plectentur.
Those who consent, and those who act, shall be subjected to the same punishment.
Those who consent, and those who act, shall be subjected to the same punishment.
Consentire matrimonio non possunt infra annos nubiles.
Persons cannot consent to marriage before marriageable years.
Persons cannot consent to marriage before marriageable years.
Consilii non fraudulenti nulla obligatio est. Cæterum si dolus et calliditas intercessit, de dolo actio competit.
There is no obligation not to give fraudulent counsel; but if fraud and cunning intervene, an action is competent concerning the craft.
There is no obligation not to give fraudulent counsel; but if fraud and cunning intervene, an action is competent concerning the craft.
Constructio ad causam refertur.
Construction is referred to the cause.
Construction is referred to the cause.
Constructio ad principia refertur rei.
Construction is referred to the principles of a thing.
Construction is referred to the principles of a thing.
Constructio est secundum æquitatem.
Construction is according to equity.
Construction is according to equity.
Constructio legis non facit injuriam.
The construction of law does not occasion injury.
The construction of law does not occasion injury.
Constructio secundum æqualitatem rationis.
Construction is according to the equality of reason.
Construction is according to the equality of reason.
Consuetudo alicujus loci lex est legis loci; legi communi specie diversa sed non in genere contraria.
The custom of any place is the law of that place; different in species to common law, but not contrary in kind.
The custom of any place is the law of that place; different in species to common law, but not contrary in kind.
Consuetudo, contra rationem introducta, potius usurpatio quam consuetudo appellari debet.
Custom introduced against reason, ought rather to be called usurpation than custom.
Custom introduced against reason, ought rather to be called usurpation than custom.
Consuetudo debet esse certa; nam incerta, pro nullis habetur.
Custom ought to be certain; for if uncertain, it goes for nothing.
Custom ought to be certain; for if uncertain, it goes for nothing.
Consuetudo est bonus, rationabilis, certus et communis loci alicujus usus, cui memoria hominis non currat in contrarium.
Custom is the good, reasonable, certain, and common practice of any place, contrary to which nothing is in the recollection of man.
Custom is the good, reasonable, certain, and common practice of any place, contrary to which nothing is in the recollection of man.
Consuetudo est optima interpres legum.
Custom is the best interpreter of the laws.
Custom is the best interpreter of the laws.
Consuetudo et communis assuetudo vincit legem non scriptam si sit specialis, et interpretatur legem scriptam, si lex sit generalis.
Custom and common practice overrules a law not written, if it be special, and interprets a written law, if the law be general.
Custom and common practice overrules a law not written, if it be special, and interprets a written law, if the law be general.
Consuetudo ex certa causa rationabili usitata, privat communem legem.
Usual custom from a certain reasonable cause, excludes common laws.
Usual custom from a certain reasonable cause, excludes common laws.
Consuetudo licet sit magnæ authoritatis, nunquam tamen præjudicat manifestæ veritati.
Custom, although it be of great authority, is, however, never prejudicial to evident truth.
Custom, although it be of great authority, is, however, never prejudicial to evident truth.
Consuetudo manerii et loci est observanda.
The custom of a manor, and of a place, is to be observed.
The custom of a manor, and of a place, is to be observed.
Consuetudo maneriorum domini voluntatem regit.
The custom of manors rules the will of the master.
The custom of manors rules the will of the master.
Consuetudo neque injuria oriri neque tolli potest.
Custom can neither arise nor be taken away by injury.
Custom can neither arise nor be taken away by injury.
Consuetudo non præjudicat veritati.
Custom is not prejudicial to truth.
Custom is not prejudicial to truth.
Consuetudo populi Anglicani et communis lex liberta.
The custom of the English people, and the common law is free.
The custom of the English people, and the common law is free.
Consuetudo præscripta et legitima, vincit legem.
Lawful and prescribed custom overcomes law.
Lawful and prescribed custom overcomes law.
Consuetudo pro lege servatur.
Custom is observed for law.
Custom is observed for law.
Consuetudo regni Angliæ, est Lex Angliæ.
The custom of the kingdom of England, is the law of England.
The custom of the kingdom of England, is the law of England.
Consuetudo totius Angliæ est lex totius Angliæ communis.
The custom of all England is the common law of all England.
The custom of all England is the common law of all England.
Consuetudo volentes ducit, lex volentes trahit.
Custom guides those who are willing: law draws those who are willing. [SeeTranscriber’s Note.]
Custom guides those who are willing: law draws those who are willing. [SeeTranscriber’s Note.]
Contemporanea expositio est optima, et fortissima in lege.
The exposition of contemporaries is the best, and the strongest in law.
The exposition of contemporaries is the best, and the strongest in law.
Contra bonos mores.
Against good morals.
Against good morals.
Contra jus civilis regulas pacta conventa, rata non habentur.
Agreements made contrary to the civil law, are not considered valid.
Agreements made contrary to the civil law, are not considered valid.
Contra legem facit, qui id facit, quod lex prohibet; in fraudem vero, qui salvis verbis legis, sententiam ejus circumvenit.
He acts against the law, who does that which the law prohibits; but he acts fraudulently, who, observing the words of the law, eludes its meaning.
He acts against the law, who does that which the law prohibits; but he acts fraudulently, who, observing the words of the law, eludes its meaning.
Contra non valentem agere, non currit præscriptio.
Prescription does not run against one unable to act.
Prescription does not run against one unable to act.
Contra veritatem lex nunquam aliquid permittit.
The law never allows any thing against truth.
The law never allows any thing against truth.
Contractus ad mentem partium verbis notatam intelligendus.
A contract is to be understood, according to the intention of parties expressed in words.
A contract is to be understood, according to the intention of parties expressed in words.
Contractus ex turpi causa, vel contra bonos mores nullus.
A contract in an infamous cause, or subversive of good morals, is void.
A contract in an infamous cause, or subversive of good morals, is void.
Contractus infantis invalidus si in damnum sui spectet.
The contract of an infant, or one under age, is invalid, if it tends to his loss.
The contract of an infant, or one under age, is invalid, if it tends to his loss.
Contrectatio rei alienæ, animo furandi, est furtum.
The handling of another man’s property with an intention of stealing it, is theft.
The handling of another man’s property with an intention of stealing it, is theft.
Conventio privatorum non potest publico juri derogare.
The agreement of private persons cannot derogate from public right.
The agreement of private persons cannot derogate from public right.
Copulatio verborum indicat acceptationem in eodem sensu.
The joining together of words, shows their acceptation in the same sense.
The joining together of words, shows their acceptation in the same sense.
Corpus corporatum ex uno potest consistere.
An incorporated body can consist of one person.
An incorporated body can consist of one person.
Corpus corporatum neque in lite sisti neque utlagari, neque bona forisfacere, neque attinctum pati, attornatum facere, neque excommunicari potest.
An incorporated body cannot be brought forward personally in a law suit; nor outlawed; nor forfeit their goods; nor suffer attaint; nor grant power of attorney; nor be excommunicated.
An incorporated body cannot be brought forward personally in a law suit; nor outlawed; nor forfeit their goods; nor suffer attaint; nor grant power of attorney; nor be excommunicated.
Corpus corporatum non habet hæredes, neque executores, neque mori potest.
An incorporated body has no heirs, nor executors, nor can it die.
An incorporated body has no heirs, nor executors, nor can it die.
Corpus humanum non recipit æstimationem.
The human body does not admit of valuation.
The human body does not admit of valuation.
Creditor qui permittit rem venire, pignus dimittit.
The creditor who allows property to be sold, gives up the pledge.
The creditor who allows property to be sold, gives up the pledge.
Crescente malitia, crescere debet et pœna.
While wickedness increases, punishment ought also to increase.
While wickedness increases, punishment ought also to increase.
Crimen ex postfacto non diluitur.
A crime is not attoned for by an after action.
A crime is not attoned for by an after action.
Crimen omnia ex se nata vitiat.
A crime vitiates all things proceeding from it.
A crime vitiates all things proceeding from it.
Crimina morte extinguuntur.
Crimes are extinguished by death.
Crimes are extinguished by death.
Cruciatus legibus invisi.
Tortures are odious to the laws.
Tortures are odious to the laws.
Cui licet quod majus, non debet quod minus est non licere.
To whom what is greater is allowed, what is less ought also to be allowed.
To whom what is greater is allowed, what is less ought also to be allowed.
Cuique aliquis quid concedit, concedere videtur; et id, sine quo res ipsa esse non potuit.
What any one grants to one, he appears to grant; and that without which the thing itself could not be.
What any one grants to one, he appears to grant; and that without which the thing itself could not be.
Cuilibet in arte sua credendum.
We ought to believe every one in his own profession.
We ought to believe every one in his own profession.
Cui jurisdictio data est, ea quoque concessa esse videntur, sine, quibus jurisdictio explicari non potuit.
To whom jurisdiction has been given, those things also seem to be granted, without which jurisdiction could not be explained.
To whom jurisdiction has been given, those things also seem to be granted, without which jurisdiction could not be explained.
Cui plus licet quam par est plus vult quam licet.
He to whom more is allowed than is proper, wishes more than is allowed.
He to whom more is allowed than is proper, wishes more than is allowed.
Cujus est commodum, ejus debet esse periculum.
He should have the risk, who has the advantage.
He should have the risk, who has the advantage.
Cujus est dare, ejus est disponere.
He who has the right to give, has the right to dispose.
He who has the right to give, has the right to dispose.
Cujus est donandi, eidem et vendendi, et concedendi jus est.
He who has the right of conferring a donation, has also the right of selling and granting.
He who has the right of conferring a donation, has also the right of selling and granting.
Cujus est solum, ejus est usque ad cœlum.
He who has a right to the soil, has a right even to the sky.
He who has a right to the soil, has a right even to the sky.
Cujus juris (i.e. Jurisdictionis) est, principale ejusdem juris erit accessorium.
He to whom the jurisdiction belongs, will be the principal accessory of the same jurisdiction.
He to whom the jurisdiction belongs, will be the principal accessory of the same jurisdiction.
Culpa caret qui scit, sed prohibere non potest.
He is free from fault who knows, but cannot hinder.
He is free from fault who knows, but cannot hinder.
Culpa est immiscere se rei ad se non pertinenti.
It is a fault to meddle with that with which one has no business.
It is a fault to meddle with that with which one has no business.
Culpa vel pœna ex equitate non intenditur.
Blame or punishment does not proceed from equity.
Blame or punishment does not proceed from equity.
Cum confitente mitius est agendum.
We must act more mildly with a person confessing.
We must act more mildly with a person confessing.
Cum de lucro duorum quæratur, melior est causa possidentis.
When the question is concerning the gain of two persons, the cause of the one in possession, is the better.
When the question is concerning the gain of two persons, the cause of the one in possession, is the better.
Cum principalis causa non consistit, plerumque ne ea quidem quæ sequuntur locum habent.
When the main cause is not consistent, for the most part, not even the things which follow have a place.
When the main cause is not consistent, for the most part, not even the things which follow have a place.
Curia cancellaria contractibus in plenum redigendis favet.
The chancery court favours the entire reduction of contracts.
The chancery court favours the entire reduction of contracts.
Curia cancellaria non nisi parliamento subdita.
The court of chancery is not subject, unless to the parliament.
The court of chancery is not subject, unless to the parliament.
Curia ecclesiastica locum non habet super iis quæ juris sunt communis.
The ecclesiastical court has no right over those things which are matter of common law.
The ecclesiastical court has no right over those things which are matter of common law.
Curia Parliamenti suis propriis legibus subsistit.
The parliament subsists by its own laws.
The parliament subsists by its own laws.
Curiosa et captiosa interpretatio in lege reprobatur.
An over-refined and captious interpretation is reprobated in law.
An over-refined and captious interpretation is reprobated in law.
Custos corporis cujusque infantis est is esto ad quem hæreditas nequeat pervenire.
Let him be the guardian of the body of any infant, to whom the inheritance cannot come.
Let him be the guardian of the body of any infant, to whom the inheritance cannot come.