sively (ceu per adulterium) employed to express the ideas of victory and martial subjugation, (now inseparable from it) is clearly shown by Spelman, who traces it to the peculiar circumstances under which the great Norman Conquest of England was accomplished. William the First was called "the Conqueror," (Lat. conquestor,) because he succeeded to the throne of England not by hereditary right, but on the bequest of Edward the Confessor; that is, (according to the old French idiom,) by quest and conquest, commonly called purchase. But as the enforcement of his right, thus acquired, was accomplished by means of the signal victory obtained over Harold and the Saxons, the ideas of victory and subjugation became so strongly attached to his peculiar title of Conquestor, as gradually to obscure, and finally to supplant its original and proper meaning. QUESTUS EST NOBIS. L. Lat. Hath complained to us. Initial words of various old writs in the Register. Reg. Orig. 92, 93. QUI, Qi, Qy. L. Fr. Who; whom. De ceux qui par engyn ount; of those who by fraud have. Britt. c. 4. Cely de qui sount tenus; him, of whom they are holden. Id. c. 78. Ne poit saver par qui ne par quex; cannot know by whom (sing.) nor by whom (plur.) Id. c. 6. Qui doit inheriter al pere doit inheriter al fitz. He who should have been heir to the father shall be heir to the son. 2 Bl. Com. 223. Broom's Max. [389.] QUI. Lat. Who; he who. The initial word of numerous maxims. See infra. Qui adimit medium, dirimit finem. He who takes away the mean, destroys the end. Co. Litt. 161 a. He that deprives a man of the mean by which he ought to to come to a thing, deprives him of the thing itself. Id. ibid. Litt. sect. 237. See Qui destruit, &c. Qui aliquid statuerit, parte inaudita al tera, æquum licet dixerit, haud æquum fecerit. He who determines any matter without hearing both sides, though he may have decided right, has not done justice. 6 Co. 52 a, Boswell's case. A quotation from Seneca. Traged. fo. 55, Medea, 195. 4 Bl. Com. 283. Qui alterius jure utitur, eodem jure uti debet. He who uses the right of another, ought to use the same right, [that is, ought to use it subject to the rights and lia bilities pertaining to it.] Broom's Max. [356.] Qui bene interrogat, bene docet. He who questions well, teaches well. 3 Bulstr. 227. Information or express averment may be effectually conveyed in the way of interrogation. Id. ibid. Qui bene distinguit, bene docet. He who distinguishes well, teaches well. 2 Inst. 470. In both these maxims, docet is translated in Branch's Principia, "learns." Qui concedit aliquid, concedit omne id sine quo concessio est irrita. He who grants any thing, grants every thing without which the grant is fruitless. Jenk. Cent. 32, case 63. Qui contemnit præceptum, contemnit præcipientem. He who contemns [contemptuously treats] a command, contemns the party who gives it. 12 Co. 97, Countess of Shrewsbury's case. Qui cum alio contrahit, vel est, vel esse debet non ignarus conditionis ejus. He who contracts with another either is, or ought to be, not ignorant of his condition. Dig. 50. 17. 19. Story's Conf. Laws, § 76. Qui destruit medium, destruit finem. He who destroys the mean, destroys the end. 10 Co. 51 b, Lampet's case. Co. Litt. 161 a. Shep. Touch. 342. Qui ex damnato coitu nascuntur inter liberos non computantur. They who are born of a condemned [or illicit] connection, are not counted among children. Bract. fol. 5. Co. Litt. 8 a. 2 Bl. Com. 247. Bastards are held to be nullius filii, the children of nobody. Id. ibid. Broom's Max. 221, [390.] Qui facit per alium, facit per se. He who acts through another, acts of himself. 1 Bl. Com. 429, 474. Otherwise expressed, Qui per alium facit, per seipsum facere videtur. He who acts by another is considered as acting of himself. Co. Litt. 258 a. He who does an act through the medium of another party, is in law considered as doing it himself. Broom's Max. 373, [643.] An agent is merely the medium through which the principal himself acts. The fundamental principle of the law of agency, and a maxim of almost universal application. Story on Agency, §§ 440, 442. 7 Man. & Gr. 32, 33. See 1 Selden's R. 48, 53. Qui habet jurisdictionem absolvendi, habet jurisdictionem ligandi. He who has jurisdiction to loosen, has jurisdiction to bind. 12 Co. 60. Applied to writs of prohibition. and consultation, as resting on a similar foundation. Id. ibid. Qui non habet, ille non dat. He who has not, gives not. He who has nothing to give, gives nothing. A person cannot convey a right that is not in him. If a man grant that which is not his, the grant is void. Shep. Touch. (by Preston,) 243. Watkins on Conv. (by Preston,) 191. See Nemo dare potest, &c. Qui hæret in litera, hæret in cortice. He judge, [or one lawfully exercising judicial who sticks, [stops] in the letter, stops in the authority,] is not supposed to have acted rind, [or outer covering.] Co. Litt. 54 b. from a wrong or improper motive, because 5 Co. 4 b, Lord Mountjoy's case. 11 Co. it was his bounden duty to obey. 10 Co. 34 b, Powlter's case. 2 Eden, 55. Grose, 76 a, b. Broom's Max. 48, [69.] J. 12 East, 372. He who stops in the mere letter of an instrument, (goes no farther than the mere words of it,) stops in its outer covering, and does not reach its essential meaning. Words are the mere cortex, rind, or bark of an instrument or statute, and are not to be paused upon or dwelt upon, to the neglect of the heart, pith or inner substance.* He who considers merely the letter of an instrument, goes but skin-deep into its meaning. Broom's Max. [534.] Where the intention is clear, too minute a stress should not be laid on the strict and precise signification of words. 2 Bl. Com. 379. Broom's Max. ub. sup. See Cortex, Bark. This is one of the most familiar maxims of the law, but its literal meaning is scarcely expressed by the common translation, "He who sticks to the letter, sticks to the bark," which besides being rude, is grammatically inaccurate, and does not express the full force of hæret, which does not imply adhesion to a thing, but rest or pause upon or in it; hesitancy; a going no farther. The English word "stick" had precisely this meaning, and is often used in the old books to denote hesitancy on the part of a judge. See Hærere. Lord Bacon, citing this maxim, pushes the figure still farther. "This is not worthy the name of cortex; it is but muscus corticis, the moss of the bark." Argument in Case of the Postnati of Scotland; Works, iv. 333. Qui in jus dominiumve alterius succedit, jure ejus uti debet. He who succeeds to the right or property of another, ought to use his right [ought to exercise it as the assignor himself would have exercised it.] Dig. 50. 17. 177, pr. The assignee of property takes it subject to all the liabilities, and clothed with all the rights which attached to it in the hands of the assignor. Broom's Max. [356.] Qui jure suo utitur, nemini facit injuriam. He who uses his own right, harms no Branch's Pr. Another form of the civil law maxim Non videtur vim facere, &c. (q. v.) one. Qui jussu judicis aliquod fecerit, non videtur dolo malo fecisse, quia parere necesse est. He who does any thing by command of a Qui non habet in crumena, luat in corpore. He who has not [the means of satisfaction] in his purse, must pay in his body. If a man cannot pay his fine, he must go to prison. 4 Bl. Com. 380. Otherwise expressed, Qui non habet in ære, luat in corpore. 2 Inst. 173. Si in ære non habeat, in pelle luat. 1 Kent's Com. 423. Qui non obstat quod obstare potest, facere videtur. He who does not prevent [a thing] which he can prevent, is considered to do [as doing] it. 2 Inst. 146. Qui non improbat, approbat. He who does not condemn, approves. 3 Inst. 27. Qui non prohibet quod prohibere potest, assentire videtur. He who does not forbid [an act] which he can forbid, is supposed to assent [to it.] 2 Inst. 305. Otherwise expressed, Qui non prohibet cum prohibere possit, jubet. He who does not forbid [a thing being done] when he can forbid it, commands [it.] 1 Bl. Com. 430. Negligence is a kind of implied consent. Id. ibid. See Grotius de Jur. Bell. lib. 2, c. 21, § 2, n. 2. Qui obstruit aditum, destruit commodum. He who obstructs a way, passage or entrance, destroys a benefit or convenience. Co. Litt. 161 a. He who prevents another from entering upon land, destroys the benefit which he has from it. Id. ibid. Qui "omne" dicit, nihil excludit [excipit.] He who says "all" excludes or excepts nothing. 11 Co. 59 b, Foster's case. Shep. Touch. (by Preston,) 90. Qui peccat ebrius, luat sobrius. He who sins when drunk, shall be punished when sober. Cary's R. 133. Broom's Mar. does the first wrongful act is chargeable as the cause of the quarrel. Branch's Max. Qui prior est tempore, potior est jure. He who is before in time is the better in right. Priority in time gives preference in law. Co. Litt. 14 a. 4 Co. 90 a, Drury's case. 3 East, 93. A maxim of very extensive application, both at law and in equity. Broom's Max. 329-335, [260.] 1 Story's Eq. Jur. § 64 d. Story on Bailm. § 312. 24 Mississippi R. 208. Qui rationem in omnibus quærunt, rationem subvertunt. They who seek a reason in [for] every thing, subvert reason. 2 Co. 75 a, Lord Cromwell's case. A sentence quoted from Theophrastus, in Met. There are some things for which no reason can be given, and for which no reason should be sought or required. Broom's Max. 66, [117.] Qui semel actionem renunciaverit, amplius repetere non potest. He who has once relinquished his action, cannot bring it again. 8 Co. 59 a, Beecher's case. A rule descriptive of the effect of a retraxit and nolle prosequi. Qui semel est malus, semper præsumitur esse malus in eodem genere. He who is once criminal, is presumed to be always criminal in the same kind, or way. Cro. Car. 317. Best on Evid. 345. He who has once committed an offence, is supposed always to have an inclination to repeat it. Qui sentit commodum, sentire debet et onus. He who experiences the benefit, ought also to feel [or bear] the burden. He who enjoys the benefit or advantage of a thing, ought also to be subject to the burden or disadvantage connected with it. 2 Inst. 489. A maxim expressed in a hexameter line, and one of the most extensive application in the law. He who enjoys the benefit arising from a title to land, must bear the burden of the incumbrances attached to it, and of the covenants that run with the land. Broom's Max. 313, [552.] Bacon's Use of the Law, 31. Shep. Touch. 178. All who are to receive benefit from the construction of a thing, must be contributory to its construction. 5 Co. 100 a, Rooke's case. So, in partnership, the agreement to share in the profits of the concern carries with it a corresponding liability for the debts or losses. Broom's Max. 315, [554.] So, a principal will not be allowed to avail himself of the benefits of a transaction by his agent, without at the same time subjecting himself to its burthens. VOL. II. Story on Agency, § 389. And, in equity, the rule has an extensive application. 1 Story's Eq. Jur. § 469. As Qui sentit onus, sentire debet et commodum. He who bears the burden of a thing, ought also to experience the advantage arising from it. i Co. 99 a, Shelley's case. a principal is bound by the acts of his authorized agent, so he may take advantage of them. Broom's Max. 317, [559.] This is the converse of the preceding maxim. QUI statuit aliquid, parte inaudita altera, Equum licet statuerit, haud æquus fuit. He who determines any thing, without hearing both parties, though he may have determined justly, has not himself been just. A quotation from Seneca, which has been adopted as a maxim of the common law. 4 Bl. Com. 283. See Qui aliquid statuerit, &c. Qui tacet, consentire videtur. He who is silent, is supposed to consent; the silence of a party implies his consent. Jenk. Cent. 32, case 64. Id. 68, case 30. Id. 226, case 87. The principle of the doctrine of implied waiver, of the validity of proceedings by default, &c. and of the doctrine of equitable estoppel in equity. Thus, if a person having the legal title to property, stands by and acquiesces in the sale of it by another person claiming or having color of title, he will be estopped afterwards in asserting his title against the purchaser. 2 Kent's Com. 483, note. So, where the owner of land stands by and suffers another who supposes he has an absolute title to the estate, to expend money in improvements and erections on the land, without giving any notice of his own claim, he will not be permitted to avail himself of such improvements, without paying a full compensation therefor. 1 Story's Eq. Jur. §§ 388, 389. Sec 1 Story's R. 493. As to the application of the rule in the law of evidence, see 1 Greenl. Evid. § 199. This maxim is immediately derived from the canon law, and is otherwise expressed with still more brevity, Qui tacet consentit; he who is silent, consents. Bonifacius de Reg. Juris in Sexto, reg. 43. 1 Mackeld. Civ. Law, 162, Kaufmann's note. The civilians have generally supposed it to be of too sweeping a nature, and have accordingly qualified it by the maxim laid down in the Digests, Qui tacet non utique fatetur, sed tamen verum est eum non negare. He who is silent does not thereby confess, but yet it is true that he does not deny. Dig. 24 QUIA EMPTORES. Lat. (Because the purchasers.) The title of the statute of Westminster 3, 18 Edw. I. c. 1, which provided that from thenceforth it should be lawful for every freeman or freeholder to sell his lands or tenements or part thereof at his pleasure, so that, however, the feoffee should hold such lands or tenements of the chief lord of the same fee, by the same services and customs by which his feoffor before held them. 50. 17. 142. But, according to Dr. Kauf- | his right. 3 Bl. Com. 195. Id. Appendix, mann, these two rules apply to matters No. i. sect. 4. that are wholly distinct; consensus belonging to the doctrine of contracts alone, while confessio relates merely to proceedings. QUI TAM. L. Lat. (Who as well.) The name given to an action brought by an informer, where part of the penalty or forfeiture sued for, is given to the king, the state, the poor, or to some public use, and the other part to the informer or prosecutor. So termed from the emphatic words of the clause in which the plaintiff was described in the old forms: QuI TAM pro domino rege, &c. quam pro seipso in hac parte sequitur; who sues as well for the king, &c. as for himself, in this behalf. 3 Bl. Com. 160. Qui tardius solvit, minus solvit. He who pays more tardily [than he ought,] pays less [than he ought.] Jenk. Cent. 58. A maxim of the civil law, in which minus had the technical sense of negation, which is entirely lost sight of in the common English translations. See Minus. Minus solvit admits of (if it does not here require) the translation, "pays not at all;" the maxim importing that a failure to pay at the time stipulated amounts to a breach of the promise to pay, though payment be actually made afterwards. Qui timent, cavent et vitant. They who fear, take care and avoid. Branch's Pr. Qui vult decipi, decipiatur. Let him who chooses to be deceived, be deceived. Where a man procures a fraud to be committed on himself, he must bear the consequences of it, and cannot take advantage of his own wrong to the prejudice of another. Shep. Touch. (by Preston,) 56. QUIA. Lat. Because. A word particularly appropriated to express the cause (causa) or consideration of a grant, in old conveyances. Co. Litt. 204 a. Scito quod ut modus est, si conditio, quia causa. Bract. fol. 18 b. QUIA DATUM EST NOBIS INTELLIGI. L. Lat. Because it is given to us to understand. Formal words in old writs. Rot. Parl. 4 Hen. IV. QUIA DOMINUS REMISIT CURIAM. L. Lat. In old practice. Because the lord hath remised or remitted his court. A clause inserted at the conclusion of a writ of right, where it was brought, in the first instance, in the king's court; the lord in whose court-baron it regularly ought to be first brought, having waived or remitted Cap. 1. So called from its initial words: QUIA EMPTORES terrarum et tenementorum de feodis magnatum, &c. 2 Bl. Com. 91. See Barringt. Obs. Stat. 167. See the New-York case of De Peyster v. Michael, 2 Selden's R. 467. L. QUIA ERRONICE EMANAVIT. Lat. Because it issued erroneously, or through mistake. A term in old English practice. Yelv. 83. QUIA IMPROVIDE EMANAVIT. L. Lat. Because it issued improvidently, or unadvisedly. Ambl. 61. 3 East, 128. QUIA TIMET. Lat. (Because he fears or apprehends.) In equity practice. The technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story's Eq. Jur. § 826. Bills quia timet are so called in analogy to certain writs of the common law, whose objects were of a similar nature; and they are, in themselves, in the nature of writs of prevention to accomplish the ends of precautionary justice. Id. §§ 825, 826. QUICK. Living; alive. "Quick chattel must be put in pound-overt, that the owner may give them sustenance; dead need not." Finch's Law, b. 2, ch. 6. See Quyke. Quicquid acquiritur servo, acquiritur domino. Whatever is acquired by the ser vant is acquired for the master. Pulling on Merc. Accounts, 38, note. Whatever rights are acquired by an agent, are acquired for his principal. Story on Agency, § 403. Quicquid est contra normam recti, est injuria. Whatever is against the rule of right, is a wrong. 3 Bulstr. 313. Quicquid in excessu actum est, lege prohibetur. Whatever is done in excess is prohibited by law. 2 Inst. 107. Quicquid judicis auctoritati subjicitur, novitati non subjicitur. Whatever is subjected to the authority of a judge is not subjected to novelty. Whatever is left Whatever is left to the discretion of a judge, as in cases without precedent, is not for that reason left to the caprice of novelty or innovation. 4 Inst. 66. the grantee shall hold the land, undisturbed QUIETA CLAMANTIA. L. Lat. In old English law. Quit-claim. Charta de quieta clamantia; a charter or deed of quitclaim. Bract. fol. 33 b. Fleta, lib. 3, c. QUIETANCIA, Quietantia. L. Lat. In old English law. A quittance, acquittance, or testimonial of receipt. Cowell. QUIETARE. L. Lat. To quit, acquit, discharge or save harmless. A formal word in old deeds of donation and other conveyances. Cowell. Quicquid plantatur solo, solo cedit. What- 14, § 1. Called also quietè clamantia, (q. v.) ever is planted in the soil, belongs to the | And in some old records, quieta clamatio. soil, [or becomes a part of it.] A maxim Par. Ant. 220. Fleta, lib. 5, c. 39, § 6. derived from the civil law, and embodying the general common law rule, that whatever is planted in the soil passes with it. See this rule and its exceptions considered, in Broom's Maxims, 177-189, [298-310.] By an extension of the meaning of the word plantatur, this maxim has also been applied in the law of fixtures. Wentworth Offic. Exec. 145. Broom's Max. 189, [310,] 2 Smith's Lead. Cas. 114. 2 Steph. Com. 261. But in the civil law, plantatio is confined to its proper signification; ædificatio or inædificatio being the words used to express artificial additions or accessions to the soil. Inst. 2. 1. 29, 30, 31. et seq. Quicquid solvitur, solvitur secundum modum solventis, quicquid recipitur, recipitur seeundum modum recipientis. Whatever is paid, is paid according to the manner of [directed or intended by] the payer,-whatever is received, is received according to that of the receiver. Halk. Max. 149. Broom's Max. [638.] QUID. Lat. What. A word used in old writers, as preliminary to definition. Thus Sheppard, in his Touchstone, arranges his subjects under the two general heads of Quid, (what,) and Quotuplex, (of how many kinds.) Shep. Touch. 37, 50. QUID JURIS CLAMAT. L. Lat. (What right he claims.) In old English practice. A writ which lay for the grantee of a reversion or remainder, where the particular tenant would not attorn, for the purpose of compelling him. Termes de la Ley. Cowell. QUID PRO QUO. Lat. What for what; something for something. An equivalent, or consideration; that which is given in exchange for another thing; that which is done in consideration of another thing. Answering to the Gr. uváλaypa, a reciprocal performance of both parties to a contract. Cowell. 2 P. Wms. 219. QUIET ENJOYMENT, Covenant for. In conveyancing. An ordinary covenant in deeds, whereby the grantor agrees that QUIETE. Lat. Quietly; in quiet; peaceably. A formal word in ancient deeds. Habendam et tenendam,-liberè et quietè, honorificè, benè et in pace; to have and to hold-freely and quietly, honorably, well and in peace. Bract. fol. 35. Bracton, in his exposition of the form from which these words are extracted, observes that by the word quietè, (quietly,) the donor means that the donee shall have quiet and peace, so that he may enjoy the thing given peaceably, and not be disquieted. See Fleta, lib. 3, c. 14, § 5. It seems to be the of the modern covegerm nant for quiet enjoyment. QUIETE CLAMANTIA. old English law. Quit-claim. 33 b. L. Lat. In QUIETE CLAMARE. L. Lat. In old conveyancing. To quit-claim; to renounce all pretension of right and title. Cowell. Quietum clamare is used by Fleta, Littleton and Coke. QUIETUM CLAMARE, L. Lat. In old conveyancing. To quit-claim. Noverint universi per præsentes me, A. de B. remisisse, relaxasse, et omnino de me et heredibus meis quietum clamasse C. de D. totum jus, &c.; Know all men by the presents, that I, A. of B. have remised, released, and altogether from me and my heirs, have quit-claimed to C. of D. all the right, &c. Litt. sect. 445. See Fleta, lib. 5, c. 37, § 5. QUIETUS, Quittus. L. Lat. In old English law. Quit; clear; free; acquitted; discharged. Nisi capitalis debitor monstraverit se inde esse quietum versus eosdem plegios; unless the principal debtor show that he is discharged thereof against the same pledges. Mag. Cart. 9 Hen. III. |