Menial

This term is applied to servants who live under their master's roof. See St. 2 Hen. IV. c. 21. MENS (Lat.) Mind.

Pertaining to servants or domestic service; servile. This term is applied to servants who live under their master’s roof. See stat. 2 Hen. IV. c. 21; 1 Bla. Com. 425. It has been held not applicable to a housekeeper in a large hotel; I. R. 10 0. L. 188. with the maxim, aotus non faott reum, nisi mens sit rea. The use of the term and the maxim has been criticised. “Though the phrase is in common use, I think it most unfortunate... and actually misleading. •., It naturally suggests that, apart from all particular definitions of crimes, such a thing exists as a 'mens rea' or 'guilty mind,* which Is always expressly or by implication involved in every definition. This is obviously not the case, for the mental elements of different crimes differ widely. 'Mens rea’ means, in the case of murder, malice aforethought; in the case of theft an intention to steal. •.. In some cases it denotes mere inattention. For instance, in the case of manslaughter by negligence it may mean forgetting to notice a signal. It appears confusing to call dissimilar states of mind by one name.... To an unlegal mind, it suggests that, by the law of England, no act is a crime which is done from laudable motives; In other words, that immorality is essential to crime." Stephen, J., in L. R. 23 Q. B. D. 186. The maxim relating to “mens rea’* means no more than that the definition of all, or nearly all, crimes contains not only an outward and visible element, but a mental element, varying according to the different nature of different crimes. To comprehend “mens rea’’ we must have a detailed examination of the definitions of particular crimes, and therefore the expression is unmeaning. 2 Steph. Hist. Cr. L. 95. In offences against the acts relating to adulterating food, etc., the defence of mens rea is not good unless the acts use the word “wilfully**; [1896] 1 Q.. B. 65. See 13 Cr. L. Mag. 831; 1 Bisb. New Cr. L. $9 287, 288, 303 a; 8 Eng. Rul. Cas. 16; Ignorance; Motive; Intent; Scienter; Animus Furandi. MENSA (Lat.). An obsolete term, comprehondiug all goods and necessaries for livelihoods.

<A servant of the lowest order; more strictly, a domestic servant living under his master’s roof.

See Servant.

This term is applied to servants who live under their master’s roof. Vide stat. 2 H. 4, ec. 21.: