First Estate
We The People

Second Estate
Executive Branch

Third Estate
Judicial Branch

Fourth Estate
Legislative Branch

An Educational Resource for
"Sovereign Souls
On The Dry Land"
brought to you by the
Texian First Estate


“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”  - Benjamin Franklin

“Still, if you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.” – Winston Churchill - The Second World War

"All that is necessary for evil to succeed is that good men do nothing." - Edmund Burke

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you.  May your chains set lightly upon you, and may posterity forget that ye were our countrymen.” - Samuel Adams, speech at the Philadelphia State House on August 1, 1776.

All Lesson are available on iTunes!

MAXIM.  An established principle or proposition.  A principle of law universally admitted, as being a correct statement of the law, or as agreeable to reason. - Black's Law Dictionary, 4th Edition.

"Throughout the history of western civilization certain principles of law have existed whose truth and validity are self-evident.  These 'maxims of law' relate to matters surrounding property, contracts, government, evidence, marriage, economics and nearly every subject that our lives touch upon.  Maxims of law are so manifestly founded on reason, necessity, and Divine order as to find a place in the code of every civilized nation."

- From "Maxims of Law", Compiled and Edited by Charles A. Weisman
(ISBN 0-9668921-4-3)


Agree, Agreement

  • 5b.  An agreement induced by fraud cannot stand. Dig. 2, 14, 7, s. 9.
  • 5c.  Those things which are impossible to be given, or which are not in the nature of things, are regarded as no part of an agreement. Dig. 50, 17, 135.
  • 5i.  Nothing can be effected by an agreement that there shall be no accountability for fraud. Dig. 2, 14, 27, 3; Broom, Max. 3d. Lond. ed. 622, 188, n.
  • 5j.  By special agreement, things are allowed which are not otherwise permitted. Co. Litt. 166.
  • 5l.  The expressed agreement of the parties overcomes or prevails against the law, because the agreement of the parties makes the law of the contract. Story, Ag. S 368; Dig. 16, 3, 1, 6; 2 Coke, 73.

Agree, Agreements Audio



  • 45a.  Where truth is, fiction of law does not exist. Black’s 494; Bouv. 127.
  • 45d.  In the fiction of law there is always equity; a legal fiction is always consistent with equity.  11 Coke, 51a; Broom, Max. 127, 130.
  • 45f.  Fictions arise from  the law, and not law from fictions. Bouv. 136.
  • 45g.  Fiction of law is wrongful if it works loss or injury to any one. 2 Coke, 35; Broom, Max. 3d Lond. ed. 122.
  • 45h.  Fiction is a poor ground for changing substantial rights. C.L.M.

Fiction Audio


Rules & Principles of Law

  • 95b.  Every general principle [or maxim of law] is its own pledge or warrant;  and things that are clearly true are not to be proved. Branch, Princ.; Co. Litt. 11.
  • 95c.  The exception to the rule should not destroy the rule. C.L.M. An exception proves the existence of a rule. Groves, 40 U.S. 449, 505.
  • 95h.  As to things not apparent, and those not existing, the rule is the same. 5 Coke, 6.
  • 95y.  Not only what is permitted, but what is convenient, is to be considered, because what is inconvenient is illegal. Co. Litt. 66a.
  • 95bb.  The law does not arise from the rule (or maxim), but the rule from the lawTray. Lat. Max. 384.

Rules & Principles of Law Audio


Legal Rights

  • 77d.  Every one may renounce or relinquish a right introduced for his own benefit. 2 Inst. 183; Wing. Max. p. 483, max. 123; 4 Bl. Comm. 317; The People v. Van Rensselaer, 9 N.Y. 291, 333.
  • 77i.  He who has the legal right to do the greater or more important act shall not be debarred from the lesser act. 4 Coke, 23; Dig. 50, 17, 21; Broom, Max. 176; Co. Litt. 355b; 2 Inst. 307; Noy, Max.26.
  • 77l.  No one is bound to expose himself to misfortune and dangers. Co. Litt. 253.
  • 77r.  He who has the right to elect to do a thing has also the right to refuse it. C.L.M.
  • 77t.  A fact does not necessarily constitute a right. Branch, Max. 15.

Legal Rights Audio


Good Faith

  • 50a.  Good faith does not suffer the same thing to be demanded twice; and in making satisfaction [for a debt or demand] it is not allowed to be done more than once.  9 Coke, 53; Dig. 50, 17, 57.
  • 50b.  By good faith a possessor makes the fruits consumed his own.  Tray. Max. 57.
  • 50c.  Good faith demands that what is agreed upon shall be done. Dig. 19, 20, 21; Id. 19, 1, 50; Id. 50, 8, 2, 13.
  • 50e.  Good faith does not allow us to demand twice the payment of the same thing. Dig. 50, 17, 57; Perline v. Dunn, 4 Johns Ch. (NY) 143.
  • 50f.  A possessor in good faith is only liable for that which he himself has obtained. 2 Inst. 285.

Good Faith Audio


Judicial Acts & Procedures

  • 65a.  It matters not what is known to the judge, if it is not known to him judicially.  3 Bulstr. 115; Best, Ev. Introd. 31, s. 38.
  • 65b.  The decree (or act) of a court shall prejudice no man. Jenk. Cent. 118; C.L.M.
  • 65e.  It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state that an end be put to litigation. 4 Coke, 15b; 5 Coke, 31a.
  • 65g.  A judicial writ fails not through defect of form. Jenk. Cent. 43.
  • 65h.  No court which has not a record can impose a fine, or commit any person to prison;  because those powers belong only to courts of record. 8 Coke, 60.

Judicial Acts & Procedures Audio


Act, Acts, Action

  • 2a. The frequency of an act effects much. 4 Coke (Sir Edward Coke’s English King’s Bench Reports), 78; Wing. Max. 192 (Wingate’s Maxims of Law).
  • 2f. Things that are done simultaneously with an act are supposed to be inherent in it; to be a constituent part of it. Co. Litt. 236b (Coke on Littleton).
  • 2i. Where there is no act, there can be no force. 4 Coke, 43 (Sir Edward Coke’s English King’s Bench Reports)
  • 2s. To write is to act. 2 Rolle (Rolle’s English King’s Bench Reports), 89; 4 Bl. Comm. 80 (Sir William Blackstone’s Commentaries on the Law); Broom, Max. 312, 967 (Broom’s Legal Maxims).
  • 2y. No one can do that indirectly which cannot be done directly. C.L.M. (Common Law Maxims)

Act, Acts and Action Audio


Judgment & Decision

  • 64a.  A judgement given by one who is not the proper judge is of no force and should not harm any one. 10 Coke, 70, 766; Bouv. 133; Fleta, 1. 6, c. 6, s. 7; Broom, Max. 92.
  • 64f.  The judge in his decision ought to follow the rule, when the exception is not provided.  Black’s, 2d. 669; Bouv. 133.
  • 64h.  Nothing in law is more intolerable than that the same case or matter should be subject (in different courts) to different views of the law. 4 Coke, 93.
  • 64p.  The intention, count, foundation, and thing, brought to judgment, ought to be certain. Co.Litt. 303a; Jenk. Cent. 84.
  • 64bb.  He who determines any matter without hearing both sides, though he may have decided right, has not done justice. 6 Coke, 52a; 4 Bl. Comm. 283.

Judgment & Decision Audio



  • 88a.  It is not a new thing that prior statutes shall give place to later ones. Dig. 1. 3. 26; 1. 1. 4; Broom, Max. 3d. Lond. ed 27.
  • 88d.  A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46.
  • 88e.  Things introduced contrary to the reason of law ought not to be drawn into a precedent. 12 Coke, 75; Dig. 1, 3, 14; Dig. 50, 17.
  • 88i.  One absurdity being allowed (established as precedent), an infinity follow. 1 Coke, 102.
  • 88o.  It is perilous to introduce new and untried things (laws). Co. Littl. 379a.

Precedent Audio


Annul, Abrogate, Revoke

  • 7a.  When the form is not observed, it is inferred that the act is annulled. 12 Coke, 7.
  • 7b.  It matters not whether a revocation be by words or by acts. Cro. Car. 49; Branch, Princ.
  • 7e.  Laws are abrogated or repealed by the same authority by which they are made. Broom, Max. 3d Lond. ed. 785.
  • 7h.  To derogate from a law is to take away part of it;  to abrogate a law is to abolish it entirely. Dig. 50, 17, 102; 1 Bouv. Inst. n. 91.
  • 7i.  All shall have liberty to renounce those things which have been established in their favor. Code. 2, 3, 29; Broom, Max. 625.

Annul, Abrogate, Revoke Audio