Pactum

Lat. In old English law, A deed; a person’s act and deed; unything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract. fol.

16.

In testamentary law. The execution or due execution of a will. The factum of an instrument means nob barely the signing of it, and the formal publication or delivery, but proof that the party well knew and understood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained.

11 How. 354.

In the civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law.

Dig. 41, 2, 1, 3.

In French law. A memoir which contains concisely set down the fact on which a coutest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. Viecat. ( tum a judice quod ad ejusa offim non spectat non ratum est. An on of a judge which relates not to his ofais of no forces. Dig. 50, 17,170; 10 Coke, _ Factum cuique suum non adversario, noceré debet. Dig. 50, 17,155. A party’s own det should prejudice himself, not his adversary..

Factum infectum fleri nequit

A thing done cannot be undone.

1 Kames, Eq. 96, 259.