PREFACE.
Maxims are general principles. General principles afford the most beneficial subjects of reflection: hence it is obvious, that the memory cannot be too well stored with Maxims. With regard to Law, Maxims are the pillars upon which the system is erected. When the memory is stored with them, the Lawyer can have no difficulty in his practice, to fill up the outline.
The collection of Maxims here presented to the Public, is, I believe, as extensive as any that has hitherto been published. I have omitted none that I could discover to be of any utility. With regard to the translation, it does not become me to say much. It has cost me some labour, and I trust will be found to be useful. That it is in every respect perfect, it would be wrong in me to suppose. I trust, however, that on the whole it will be found pretty correct.
PETER HALKERSTON.
St. James’s Square, 18th December, 1822.
THE NATURE OF A RULE IN LAW.
Regula est quæ rem quæ est breviter enarrat, non ut ex regula jus sumatur, sed ex jure, quod est, regula fiat. Per regulam igitur brevis rerum narratio est, quæ, simul cum in aliquo vitiata est, perdit officium suum.—L. 1. ff. de Regulis Juris Antiqui.
TRANSLATION.
A rule of law is a maxim inferred from several cases depending on the same ground of law. The rule is formed from the law that governs these cases, and not the law from the rule. And the rule must be applied duly to the proper cases; for otherwise it loses its force, and is of no significancy.