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NEMO PUNITDR Definition & Legal Meaning

Definition & Citations:

Nemo in propria causa testis esse debet. No one ought to be a witness in his own cause. 3 Bl. Comm. 371. Nemo inauditus condcmnari debet si non sit contumax. No man ought to be condemned without being heard unless he be contumacious. Jenk. Cent. p. 18, case 12, In rnarg. Nemo jus sibi dicere potest. No one can declare the law for himself. No one is entitled to take the law into his own hands. Tray. Lat. Max. 360. Nemo militans Deo implicetur sec- ularibus negotiis. No man who is warring for [in the service of] God should be involved in secular matters. Co. Litt. 706. A principle of the old law that men of religion were not bound to go in person with the king to war. Nemo nascitur art if ex. Co. Litt. 97. No one is born an artificer. Nemo patriam in qua natus est exuere, nec ligeantise debitum ejurare possit. No man can renounce the country in which he was born, nor abjure the obligation of his allegiance. Co. Litt. 129a; Broom, Max. 75; Post. Cr. Law, 184. Nemo plus commodi heredi suo relin- quit quam ipse habuit. No one leaves a greater benefit to his heir than he had himself. Dig. 50, 17, 120. Nemo pins juris ad alium transferre potest quam ipse habet. No one can transfer more right to another than he has himself. Dig. 50, 17, 54; Broom, Max. 467, 469. Nemo potest contra recordum verifi- care per patriam. No one can verify by the country against a record. 2 Inst. 380. The issue upon matter of record cannot be to the jury. A maxim of old practice. Nemo potest esse dominns et haeres. No man can be both owner and heir. Hale, Com. Law, c. 7. Nemo potest esse simul actor et judex. No one can be at once suitor and judge. Broom, Max. 117. Nemo potest esse tenens et dominns. No man can be both tenant and lord [of the same tenement] Gilb. Ten. 142. Nemo potest facere per alium quod per se non potest. No one can do that by another which he cannot do of himself. Jenk. Cent. p. 237, case 14. A rule said to hold in original grants, but not in descents; as where an office descended to a woman, in which case, though she could not exercise the office in person, she might by deputy. Id. Nemo potest facere per obliquum quod non potest facere per directum. No man can do that indirectly which he cannot do directly. 1 Eden, 512. Nemo potest mutare consilium suum in alterius injuriam. No man can change his purpose to another’s Injury. Dig. 50, 17, 75; Broom, Max. 34. Nemo potest plus juris ad alium transferre quam ipse habet. Co. Litt. 309; Wing. Max. 50. No one can transfer a greater right to another than he himself has. Nemo potest sibi debere. No one can owe to himself. Nemo prsesens nisi intelligat. One is not present unless he understands. Nemo praesumitur alienam posterita- tem suae prsetulisse. No man is presumed to have preferred another’s posterity to his own. Wing. Max. p. 285, max. 79. Nemo pra>suinitur donare. No one is presumed to give. Ilaren v. Foster, 9 Pick. (Mass.) 128, 10 Am. Dec. 353. Nemo praesumitur esse immemor suae oeteriiai salutis, et mnxime in articnlo mortis. 0 Coke, 70. No one is presumed to be forgetful of his own eternal welfare, and particularly at the point of death. Nemo praesumitur ludere in extremis. No one is presumed to trifle at the point of death. Nemo praesumitur mains. No one is presumed to be bad. Nemo prohibetur plnrcs ncgotiationev sive artes exercere. No one is prohibited from following several kinds of business or several arts. 11 Coke, 54a. The common law doth not prohibit any person from using several arts or mysteries at his pleasure. Id. Nemo prohibetur pluribus defension- ibus uti. Co. Litt. 304a. No one is prohibited from making use of several defenses. Nemo prudens punit nt prseterita revocentnr, sed ut futura prsevenian- tur. No wise man punishes in order that past things may be recalled, but that future wrongs may be prevented. 2 Bulst. 173. Nemo punitur pro alieno delicto. Wing. Max. 336. No one is punished for another’s wrong. NEMO PUNITUR SINE INJURIA 815


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