Delictum

Lat. [from delinquere, to offend or transgress.] A crime or offence; a violation of law either natural or positive. Liber homo non amercietur pro parvo delicto, nisi secundum modum illius delicti, et pro magna delicto secundum magnitudinem delicti; a freeman shall not be amerced for a small offence, unless according to the measure of that offence, and for a great offence according to the greatness of the offence. Magna Charta, c.

14.

Exc Bsat «Mt exte Mvat delie Caai in capi UiUbas «aa4 aaa aperaiar Mem la el Tilibas. That excuses or extenuates an offence in capital cases, which does not operate the same in civil cases. Bacon's Max, 36, regula 7. "The offence was deposited with the voyage, and the delictum ended with the termination of the cruise."

1 Kent's Com, 123.

7 Wheaton's E. 283. "The delictum is completely done away when the blockade ceases."

1 Rents Com, 152. 6 Rob. Adm, E. 387.

A tort or wrong, as distinguished from a contract; a private offence, as distinguished from a ciime. The word delictum was extensively used in this sense in the civil law, and as a synonyme of malejicium (malfeasance.) Inst. 4. tit. & pr.

Id, 3. 14. 2.

From this source it appears to have been introduced into the law of England through Bracton. Ex malejitio vel delicto procedunt injuries et transgressiones; from malfeasance or tort arise injuries and trespasses. Bract, fol.

101.

In vis delictis sive maleftiis obligatur ills qui delinquit ei contra quem delinquitur; in those torts or malfeasances, he who commits the offence is boimd to him against whom it is committed, [that is, to make satisfaction.] Id, fol.

101b.

Ex delicto (q. v.) is still a common term in the law of actions. Guilt, criminality; fault or blame. la pari delicta patiar cut caadiiia dcfradaatis. In a case of equal guilt, the condition of the defendant is the better one; where both the parties to a transaction are equally guilty or equally to blame, and one of them institutes legal proceedings against the other, the party proceeded against is in the better position, or has the advantage.* Lord Mansfield, Cowp. 199, 200. Digitized by Google Delictum, considered with reference to its derivation (from delinquere, q. v.) properly signifies an omisswn of duty, or neglect to comply with the requisition of the law (quid prcetermissum,) rather than a positive act in violation of it; but the latter has long been the received meaning.