Maxim 11.3.8
The clause, "Of our special grace, certain knowledge, and mere motion," is of no avail where it may be presumed that the prince was ignorant.
De gratia speciali, certa scientia, et mero motu; talis clausula non valet in his in quibus praesumitur principem esse ignorantem.
Source: 1 Co. Rep. 53; Jackson
Difficulty 3/5 — Intermediate
Explanation
A royal grant claiming to be made from the sovereign’s personal knowledge is void if the facts show the sovereign could not have known the circumstances — the recital does not cure the ignorance.
Where this applies
- A royal or executive grant claims special knowledge that the grantor couldn't have had.
- The sovereign's claim of personal knowledge doesn't cure actual ignorance of the facts.
- A grant based on the ruler's supposed personal knowledge is void if they couldn't have known.
Legal domains
See also
Cite this maxim
NeCede Max. 11.3.8 — The clause, "Of our special grace, certain knowledge, and mere motion," is of no avail where it may be presumed that the prince was ignorant. — 1 Co. Rep. 53; Jackson (De gratia speciali, certa scientia, et mero motu; talis clausula non valet in his in quibus praesumitur principem esse ignorantem.)
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