KFLCC Kingdom Law 2nd Ed.

IDONKUM SE FAOERE

589

IGNORANTIA FACTI EXCUSAT

the mind is ignorant of a fact, its condition still remains sound; the power of thinking, of judging, of willing, is just as complete before communication of the fact as after; the essence or texture, so to speak, of the mind, is not, as in the case of insanity, affected or impaired. Ignorance of a particular fact consists in this: that the mind, although sound and capable of healthy action, has never acted upon the fact in question, because the subject has never been brought to the notice of the perceptive faculties. Meeker v. Boylan, 28 N. J. Law, 274. Synonyms. "Ignorance" and "error" or "mistake" are not convertible terms. The former is a lack of information or absence of knowledge; the latter, a misapprehension or confusion of Information, or a mistaken supposition of the possession of knowledge. Error as to a fact may imply ignorance of the truth; but ignorance does not necessari ly imply error. Hutton v. Edgerton, 6 Rich. (S. C.) 489; Culbreath v. Culbreath, 7 Ga. 70, 50 Am. Dec. 375. Essential ignorance is ignorance in re lation to some essential circumstance so inti mately connected with the matter in question, and which so influences the parties, that it in duces them to act in the business. Poth. Vente, nn. 3, 4; 2 Kent, Comm. 367. Non-essential or accidental ignorance is that which has not of itself any necessary connection with the business in question, and which is not the true consideration for entering into the contract. In voluntary ignorance is that which does not proceed from choice, and which cannot be over come by the use of any means of knowledge known to a person and within his power; as the ignorance of a law which has not yet been promulgated. Voluntary ignorance exists when a party might, by taking reasonable pains, have acquired the necessary knowledge. For ex ample, every man might acquire a knowledge of the laws which have been promulgated. Doct & Stud. 1, 46; Plowd. 343. IGNORANTIA. Lat Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld. Rom. Law, § 178; Dig. 22, 6. Divided by Lord Coke into ignorantia facti (ignorance of fact) and ignorantia juris, (ignorance of law.) And the former, he adds, is twofold,— lec tionis et lingua, (ignorance of reading and ignorance of language.) 2 Coke, 36. Ignorantia eorum quae quis scire ten etur non excusat. Ignorance of those things which one is bound to know excuses not. Hale, P. C. 42; Broom, Max. 267. Ignorantia facti excusat. Ignorance of fact excuses or is a ground of relief. 2 Coke, So. Acts done and contracts made under mistake or ignorance of a material fact are voidable and relievable in law and equity. 2 Kent, Comm. 491, and notes. Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of the fact excuses; ignorance of the law excuses not. Every man must be taken to be cognizant of the law; otherwise there is no saying to what extent the excuse of ignorance may not be carried. 1 Coke, 177; Broom, Max. 253.

king to any subject who had interest enough to obtain them. 1 Bl. Comm. 303.

IDONEAEE

IDONEUM SE FACERE;

SE. To purge one's self by oath of a crime •f which one is accused. EDONEUS. Lat. In the civil and com mon law. Sufficient; competent; fit or proper; responsible; unimpeachable. Ido neus homo, a responsible or solvent person; a good and lawful man. Sufficient; ade quate; satisfactory. Idonea cautio, suffi cient security. IDONIETAS. In old English law. Abil ity or fitness, (of a parson.) Artie. Cleri, c. 13. IF. In deeds and wills, this word, as a rule, implies a condition precedent, unless it be controlled by other words. 2 Crabb, Real Prop. p. 809, § 2152; Sutton v. West, 77 N. O. 431. IFUNGIA. In old English law. The fin est white bread, formerly called "cocked bread." Blount IGNITEGIUM. In old English law. The curfew, or evening bell: Cowell. See CUBFEW. IGNOMINY. Public disgrace; infamy; reprouch; dishonor. Ignominy is the op posite of esteem. Wolff, § 145. See Brown v. Kingsley, 38 Iowa, 220. IGNORAMUS. Lat. "We are igno rant;" "We ignore it." Formerly the grand jury used to write this word on bills of in dictment when, after having heard the evi dence, they thought the accusation against the prisoner was groundless, intimating that, though the facts might possibly be true, the truth did not appear to them; but now they usually write in English the words "Not a true bill," or "Not found," if that is their verdict; but they are still said to ignore the bill. Brown. Ignorance of law is want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration. Igno rance of fact is want of knowledge of some fact or facts constituting or relating to the subject-matter in hand. Marshall v. Cole man, 187 111. 556, 58 N. E. 628; Haven v. Foster, 9 Pick. (Mass.) 130, 19 Am. Dec. 353. Ignorance is not a state Of the mind in the sense in which sanity and 'nsanity are. When IGNORANCE. The want or absence of knowledge. IGIi lSE. L. Fr. A church. Kelham. Another form of "eglise." IGNIS JUDICIUM. La t The old ju dicial trial by fire. Blount