Principles

By this term is understood truths or propositions so clear that they cannot be proved nor contradicted unless by propositions which are still clearer. They are of two kinds: One when the principle is universal, and these are known as "axioms" or "maxims;" as, "no one can transmit rights which he has not;" "the accessory follows the principal," etc. The other class are simply called "first principles." These principles have known marks, by which they may always be recognized. These are, first, that they are so clear that they cannot be proved by anterior and more manifest truths; second, that they are almost universally received; third, that they are so strongly impressed on our minds that we conform ourselves to theia whatever may be our avowed opinions. First principles have their source in the sentiment of our own existence, and that which is in the nature of things. A principle of law is a rule or axiom which is founded in the nature of the subject, and it exists before it is expressed in the form of a rule. Domat, Lois Civ. liv. prel. tit. 1, §2; Toullier, Dr. Civ. tit. prel. note 17. "The right to defend one's self continues as long as an unjust attack" was a principle before it was ever decided by a court; so that a court does not establish, but recognizes, principles of law. That which constitutes the essence of a body, or its constituent parts.

8 Term R. 107.

See "Patent." PRIOR PETENS (Lat.) The first applicant. Priori petenti, to the first applicant.