Jestimatio

Lat. [from cestimare, to value; L. Fr. cestims.^ Valuation, rating, consideration. Cerpo* hamanaai, [libernnt cerp«tt,l nea reciplt Kstimatieaeai. The human body, [the body of a freen7an,J does not admit of valuation. Hob. 59, JEstl Biatie pr»lerltl dcliell ex peetrenie facte aaaqaam crescft. The estimation (rating of the degree, or nature) of a past offence never increases from (is never influenced in the way of aggravation by) a subsequent fact or act. Bacon's Max. 38, reg. 8. Broom's Max. 17. The law, in judging of the character of a past offence, never allows a subsequent act or matter to be taken into account, so as to aggravate it.* The law construeth neither penal laws nor penal facts by intendments, but considereth the offence in degree, as it standeth at the time when it is committed; so as, if any circumstance or matter be subsequent, which, laid together with the beginning, should seem to draw it to a higher nature, yet the law doth not extend or amplify the offence. Therefore, if a man be wounded, and the percussor [striker] is voluntarily let go by the jailor, and after death ensueth of the hurt, yet this is no felonious escape in the jailor. Bacon's Max. ub. sup. Lord Bacon illustrates this maxim by several cases from the old books, but makes no sort of reference to the civil law from whence it is derived: (if aaqaamcre Msif ex peet Dnete prwteriti delicti «»ti MatleO the difference consisting only in' the arrangement of the words. Dig. 50. 17. 139. 1. The principle of this maxim forbids the passage of ex post facto laws. See Ex post facto. ^STIMATIO CAPITIS. L. Lat. [Sax. toere.] In Saxon law. The estimation or valuation of the head; the price or value of a man, (pretium hominis.) By the laws of Athelstan, the life of every man, not excepting that of the king himself, was estimated at a certain price, which was called the were, or (BStimatio capitis, Cra Jbh's Hist, E. L. ch. 4. Blount. ^TAS. Lat. Age; full age. Irfra miatem, (q. v.); under age. ^maiuhit asma usque ad atatem omnium; the assise sfaal] stay until they are all of age. Bract. fol. 276 a. See Parol demurrer, MJkB INFANTI^ PROXIMA. In the civil law. The age next to infancy; the first half of the period of childhood, ( pueritia,) extending from seven years to ten and a half. Inst 3. 20. 9. 4 Bl Com. 22. ^ETASPUBERTATI PROXIMA. Lat. In the civil law. The age next to puberty; the last half of the perioa of childhood, (puS" ritia^) extending from ten years and a half to fourte^. InsL 3. 20. 9. 4 BL Com. 22. ^TATE PROBANDA. See De estate probanda.