Blacks Law Dict. 1st ed

PROPTER, ETC.

QUESTIONES PERPETU^E

972

QTTJERE. A query; question; doubt. This word, occurring in the syllabus of a re* ported case or elsewhere, shows that a ques tion is propounded as to what follows, or that the particular rule, decision, or state ment is considered as open to question. Quaere de dubiis, quia per rationes pervenitur ad legitimam rationem. In quire into doubtful points, because by rea soning we arrive at legal reason. Litt. §377. QTLSIRENS. A plaintiff; the plaintiff. QILSJRENS NIHIL CAPIAT PER BILLAM. The plaintiff shall take nothing by his bill. A form of judgment for the de fendant. Latch, 133. QUJERENS NON INVENIT PLE GIUM. L. Lat. The plaintiff did not find a pledge. A return formerly made by a sheriff to a writ requiring him to take secu rity of the plaintiff to prosecute his claim. Cowell. Quserere dat sapere quse sunt legitima vere. Litt. § 443. To inquire into them, is the way to know what things are truly lawful. QUiESTA. An indulgence or remission of penance, sold by the pope. QUiESTIO. In Roman law. Ancient ly a species of commission granted by the comitia to one or more persons for the pur pose of inquiring into some crime or public offense and reporting thereon. In later times, the quwstio came to exercise plenary criminal jurisdiction, even to pronouncing sentence, and then was appointed periodical ly, and eventually became a, permanent com mission or regular criminal tribunal, and was then called "qucestio perpetua." See Maine, Anc. Law, 369-372. In medieval law. The question; the torture; inquiry or inquisition by inflicting the torture. QUJ3STIONARII. Those who carried gucesta about from door to door. QTJiESTIONES PERPETU2E, in Ro man law, were commissions (or courts) oi inquisition into crimes alleged to have been committed. They were called "perpetuce," to distinguish them from occasional inquisi tions, and because they were permanent courts ior the tiial of offendeis. Brown.

Quae propter necessitatem recepta sunt, non debent in argumentum trahi. Things which are admitted on the ground of necessity ought not to be drawn into ques tion. Dig. 50, 17, 162. Quse rerum natura prohibentur nulla lege conflrmata sunt. Things which are forbidden by the nature of things are [can be] confirmed by no law. Branch, Princ. Positive laws are framed after the laws of nature and reason. Finch, Law, 74. Qu89 singula non prosunt, juncta ju vant. Things which taken singly are of no avail afford help when taken together. Tray. Lat. Max. 486. Quse sunt minoris culpse sunt majoris infamise. [Offenses] which are of a lower grade of guilt are of a higher degree of in famy. Co. Litt. 66. Quseeunque intra rationem legis in veniuntur intra legem ipsam esse judi cantur. Things which are found within the reason of a law are supposed to be within the law itself. 2 Inst. 689. Quselibet concessio domini regis eapi debet stricte contra dominum regem, quando potest intelligi duabus viis. 3 Leon. 243. Every grant of our lord the king ought to be taken strictly against our lord the king, when it can be understood in two ways. Quselibet concessio fortissime contra donatorem interpretanda est. Every grant is to be interpreted most strongly against the grantor. Co. Litt. 183a. Quselibet jurisdictio cancellos suos habet. Jenk. Cent. 137. Every jurisdiction has its own bounds. Quselioet pardonatio debet capi se cundum intentionem regis, et non ad deceptionem regis. 8 Bulst. 14. Every pardon ought to be taken according to the intention of the king, and not to the decep tion of the king. Quselibet poena corporalis, quamvis minima, major est qualibet poena pecu uiaria. 8 Inst. 220. Every corporal pun ishment, although the veiy least, is greater than any pecuniary punishment. Quseras de dubiis legem bene discere si vis. Inquire into doubtful points if you wish to understand the law well. Litt. §443.

Archive CD Books USA