Maxim 1.5.151
No one is presumed to be forgetful of his own eternal welfare, and more particularly in the moment of death.
Nemo presumitur esse immemor suae aeternae salutis, et maxime in articulo mortis.
Source: 6 Co. 76; Jackson; Weisman, 103l
Difficulty 1/5 — Foundational
Explanation
Deathbed declarations are given special weight because a person facing death is presumed to speak truthfully, being mindful of his eternal soul and the judgment to come.
Where this applies
- A dying person makes a statement and its trustworthiness is evaluated.
- A deathbed confession is offered as evidence in a case.
Legal domains
Cite this maxim
NeCede Max. 1.5.151 — No one is presumed to be forgetful of his own eternal welfare, and more particularly in the moment of death. — 6 Co. 76; Jackson; Weisman, 103l (Nemo presumitur esse immemor suae aeternae salutis, et maxime in articulo mortis.)
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