Maxim 1.7.37
The minister of the law is not bound, in the execution of his office, to fly or retreat.
Legis minister non tenetur, in executione officii sui, fugere aut retrocedere.
Source: 6 Co. 68; Weisman, 51h
Difficulty 2/5 — Approachable
Explanation
An officer lawfully executing his duty is not required to yield or withdraw — the law backs its own process and the officers who carry it out.
Where this applies
- A sheriff serving a warrant is told to back off by the person being served.
- A law enforcement officer executing a court order is threatened but has no duty to retreat.
Legal domains
See also
Cite this maxim
NeCede Max. 1.7.37 — The minister of the law is not bound, in the execution of his office, to fly or retreat. — 6 Co. 68; Weisman, 51h (Legis minister non tenetur, in executione officii sui, fugere aut retrocedere.)
Found an error? Suggest a correction →