Blacks Law Dict. 1st ed

87

ARISTOCRACY

ARGENTUM

Argumentum ab auctoritate est for tissimum in lege. An argument from authority is the strongest in the law. "The book cases are the best proof of what the law is." Co. Litt. 254a. Argumentum ab impossibili valet in lege. An argument drawn from an impos sibility is forcible in law. Co. Litt. 92a. Argumentum ab inconvenienti est validum in lege; quia lex non permit tit aliquod inconveniens. An argument drawn from what is inconvenient is good in law, because the law will not permit any in convenience. Co. Litt. 66a, 258. Argumentum ab inconvenienti pluri mum valet [est validum] in lege. An argument drawn from inconvenience is of the greatest weight [is forcible] in law. Co. Litt. 66a, 97a, 1526, 2586; Broom, Max. 184. If there be in any deed or instru ment equivocal expressions, and great incon venience must necessarily follow from one construction, it is strong to show that such construction is not according to the true in tention of the grantor; but where there is no equivocal expression in the instrument, and the words used admit only of one meaning, arguments of inconvenience prove only want of foresight in the grantor. 8 Madd. 540; 7 Taunt. 496. ARIBANNUM. In feudal law. A fine for not setting out to join the army in obedi ence to the summons of the king. ARIERBAN, or ARRIERE-BAN. An edict of the ancient kings of France and Germany, commanding all their vassals, the noblesse, and the vassals' vassals, to enter the army, or forfeit their estates on refusal. Spelman. ARIMANNI. A mediaeval term for a class of agricultural owners of small allodial farms, which they cultivated in connection with larger farms belonging to their lords, paying rent and service for the latter, and being under the protection of their superiors. Military tenants holding lands from the em peror. Spelman. ARISTOCRACY. A government in which a class of men rules supreme. A form of government which is lodged in a council composed of select members oi nobles, without a monarch, and exclusive of the people. A privileged class of the people; nobles and dignitaries; people of wealth and station

ARGENTUM. Silver; money. ARGENTUM ALBUM. Bullion; un coined silver; common silver coin; silver coin worn smooth. Cowell; Spehnan. ARGENTUM DEI. Lat. God's mon ey; God's penny; money given as earnest in making a bargain. Cowell. ARGUENDO. In arguing; in the course of the argument. A statement or observa tion made by a judge as a matter of argu ment or illustration, but not directly bearing upon the case at bar, or only incidentally in volved in it, is said (in the reports) to be made arguendo, or, in the abbreviated form, arg. ARGUMENT. In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly prob able. The argument of a demurrer, special case, appeal, or other proceeding involving a question of law, consists of the speeches of the opposed counsel; namely, the "opening" of the counsel having the right to begin, (q. «.,) the speech of his opponent, and the "reply" of the first counsel. It answers to the trial of a question of fact. Sweet. ARGUMENT ABINCONVENIENTI. An argument arising from the inconvenience which the proposed construction of the law would create. ARGUMENTATIVE. In pleading. In direct; inferential. Steph. PI. 179. A pleading is so called in which the state ment on which the pleader relies is implied Instead of being expressed, or where it con tains, in addition to proper statements of facts, reasoning or arguments upon those facts and their relation to the matter in dispute, such as should be reserved for presentation at the trial. Argumentum a oommuniter acciden tibus in jure frequens est. An argument drawn from things commonly happening is frequent in law. Broom, Max. 44. Argumentum a divlsione est fortissi mum in jure. An argument from division [of the subject] is of the greatest force in law. Co. Litt. 2136; 6 Coke, 60. Argumentum a majori ad minus neg ative non valet; valet e oonverso. An argument from the greater to the less is of no force negatively; affirmatively it is. Jenk. Cent. 281. Argumentum a slmlli valet in lege. An argument from a like case (from analogy) is good in law. Co. Litt. 191.

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