A collection of Latin maxims and phrases literally translated Intended for the use of students for all legal examinations
Edition facts
John N. Cotterell, a solicitor and notary public, compiled this collection of Latin maxims and phrases specifically for students facing legal examinations. The work, first published in 1881 and reaching a third edition by 1913, reflects a practical study aid shaped by the author's own experience. Cotterell notes in the preface that he became convinced of the advantage of knowing leading Latin maxims during his own reading for intermediate and final exams. The maxims are drawn from recognized examination textbooks, with explanations kept brief and leading cases referenced for deeper study.
Purpose and Structure
Cotterell's preface makes clear the book's targeted function: to supply maxims that 'occur in the recognised examination text-books' and that are 'constantly met with by the student.' He advises committing them to memory, likening their importance to that of leading cases. The maxims are numbered sequentially, each with a Latin phrase, a literal English translation, and a concise explanatory note. Many entries also cite legal authorities such as Chitty on Contracts or Miller v. Race, and cross-reference other maxims by number. This structure allows the student to move quickly between related principles, such as the pair Necessitas non habet legem and Necessitas vincit legem (maxims 158–159).
Recurring Doctrinal Threads
Several legal doctrines appear repeatedly across the maxims. Estoppel, for instance, is illustrated by Nemo contra factum suum venire potest (no one can go against his own deed) and is linked to the principle that a person cannot change his purpose to another's injury (Nemo potest mutare consilium suum). The concept of impossibility surfaces in Nemo tenetur ad impossibile (no one is bound to an impossibility), which distinguishes physical impossibility from subsequent impossibility. Criminal law principles such as double jeopardy (Nemo debet bis punari pro uno delicto) and the privilege against self-incrimination (Nemo tenetur seipsum prodere) are also treated. These threads give the collection a coherence beyond a mere alphabetical list.
The Author's Voice and Context
Cotterell's prefaces reveal a personal dimension. In the first edition he writes from the perspective of a student who 'in all distrust and doubtfulness' approached the law. By the second and third editions, after 'a busy and practical experience of many years,' he speaks with more authority, yet still acknowledges the law's complexity, quoting Tennyson's phrase 'the lawless science of our law, that codeless myriad of precedent.' He also observes that periods of war produce little legislation, while domestic legislation indicates peaceful administration. These asides, though brief, give the reader a sense of the compiler's own intellectual journey and his view of law as an intricate, ever-changing study.
Cotterell's collection is best used as a companion to systematic legal study rather than as a standalone text. The maxims are arranged for quick reference, but the cross-references invite the reader to explore connections between principles. Students may find it helpful to read the explanatory notes alongside the primary sources cited, such as Broom's Legal Maxims, which Cotterell recommends for deeper research. The book's value lies in its distillation of frequently tested material into a portable format.