Ignorantia
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
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 tgnorantia juris, (igs norance of Jaw.) And the former, he adds, is twofold,—tlectionis et lingua, (ignorance of reading and ignorance of language.) 2 Coke, 3b. Ignorantia eorum ques quis scire tenetur 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 isa ground of relief. 2 are voidable and relievabiein law and equity. 2 Kent, Comm. 491, and notes. Tgnorantia facti excusat, ignorantia juris non excusat. Isguorance of the fact excuses; ignorance of the law excuses not. livery 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, Ignorantia juris quod quisque tenetur scire, neminem excusat. Ignorance of the [or a] law, which every one is bound to know, excuses no man. A mistake in point of law is, in criminal cases, no sort of defense, 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 258; 7 Car. & P. 456. And, in civil cases, ignorance of the law, with a full knowledge of the facts, furnishes no ground, either in law or equily, to rescind agreements, or reclaim money paid, or set aside solemn acts of the parties. 2 Kent, Comm. 491, and note, Ignorantia juris sui non prejudicat juri. Ignorance of one’s right does not prejudice the right.
Lolft, 552.
Ignorantia legis neminem excusat
Ignorance of law excuses no one.
4 Bouv, Inst. no. 3828; 1 Story, Eq. Jur. § 111; 7 Watts, 374.