Page:The New International Encyclopædia 1st ed. v. 13.djvu/238

MAXIMITE. Buitablo fuze, it is practically impossible to ex- plode maximite by shock, ami it can withstand not only discharge from a <riin but also the shock of impact of the projectile on the target, not being exploded until the fuze operate.;. Tncon- fined maximite burns slowly without explosion, and its property of melting and of solidifying on cooling enables projectiles to be filled with it with great facility. See Explosives; Projec- tiles.

MAXIMS (Fr. mnxime, from JITj. maxuna, maxim, alibreviation of maxima propositio, chief premise, fcm. sg. of Lat. maxiinus. greatest, superlative of magtiiis. great). Legal. A term used by members of the legal profession and writers on jurisprudence to denote those brief and pithy utterances which by general consent have been accepted as stating in condensed though necessarily imperfect form the general principles which are the foundation of botb'law and equity. As the ultimate foundation of these general prin- ciples is the natural law of justice, safety, and public policy, the basis of the common or cus- tomary law is the same in all countries, and its general principles remain substantially un- changed by statute or local enactment. Hence many of the utterances of ancient Roman magis- trates and authors of legal treatises retain as much force and truth as when first promulgated.

In very few instances can the maxims be traced to their original sources. Many are derived from the Roman law ; man.y are from Continental jurists of the .Middle Ages; while a very large number were eiumciated by early Knglish judges and writers, and still others are of quite modern origin. Like other expressions of the connuon law. maxims derive their force and authority in the first place through the truth and justice of the principles which they enunciate, and, sec- ondly, through the universality of their accept- ance' and application by courts in the past. They are not, therefore, of absolutely equal and bind- ing authority, and it is impossible to draw a line strictly dividing accepted maxims from mere expressions of 0|iinion. The number of tluise universally accepted as having some authority in law is "very large indeed. Works devoted en- tirely to the consideration of the meaning and application of this form of law have been pub- lished by several authors.

Examples are: caceat emptor — let the buyer be on his guard — an important principle of the law of sales, but not to be construed too strictly; Qui facit per alium, fncit per sr — he who acts by another, acts himself — in which may lie seen the main principle of the law of agency; .T:<jiiitiis sciiuitiir Icuriii — equity follows the law; Ex nihito nihil fit — from nothing comes nothing; Fraiis est cclarc frauiirm — to conceal a fraiul is itself a fraud; .1 I'impoxsihlc iiiil n'rat iciiii — no one is bound to do what is impossible, the language being what is called 'law French'; Vbi jus. ibi rcmcdium — where there is a right there is a remedy; Irinnrnitlin Irf/ix iirmiiirm r.rnisat — igno- rance of the law excuses no one: I'riar l<mpnri potior jure — first in time, first in right: Id cer- ium est. iiuod cerium rcddi potest — that is cer- tain which may be rendered so. .mong those commonly given in Knglish may be mentioned: Acts indicate the intention; When the equities are equal the law shall prevail; Once a fraiid, always a fraud.

The difficulty in practically employing maxims is twofold; first, in correctly amplifying and cx- ])ounding the extended meaning sought to be eiinveyed in the condensed l'(}rni ; and. secondly, in properly applying it tu the adjudication of the particular facts of the case in question; and it is the work more especially of the writer of treatises on the various branches of law and e(|uity to iJcrforni the first duty, while to the active practitioners and to the judges emergencies arc constantly presented calling for the exercise of the latter function. It may safely be said that legal maxims play a nmch less im|iortant part in the law than formerly. Generally they have lost whatever character they may have pos- sessed in early times as precise governing rules determining the rights of jiarties to a litiga- tion. Thej' are now regarded only as convenient forms of expression denoting important legal jirinciples which have many variations* or modi- fications, and. consequently are not capable of any complete statement or exposition which at the same time has the convenience of brevity. Con- sult Broom, Lcyal Maxims (Gth ed., London, 1884).

MAX'IMUS. The name of four Roman em- perors. — il.i!ci s Clodhs PiriExrs Maximis, elected by the Senate as the ccdleague of Balbinus (q.v.) in ..i). 238, but soon afterwards nuirdered by the praHorian guards. — Mag.xvs Cle.men.s JIaxi- Mrs,boni of obscure parentage in Spain ; from 368 held high military rank in Britain; was pro- claimed Emperor by his soldiers, as a result of their disaft'eetion toward Gratian, whom he de- feated and slew (383). Theodosius and Valentin- ianus II. were induced to recognize him as their colleague and as Augustus of (iaul. Spain. Brit- ain, etc.; but when he sought to extend his sway over Italy also, he was defeated by Theodosius, taken prisoner, and executed (388). — Ma.ximus TvRAXXts, proclaimed Emperor in Spain (408) when Gerontius rebelled against the usurper Con- stantine III.; was deposed on the defeat of (Jerontius (411) ; again rebelled (418). and was defeated and slain ( 422) .— I'lrrROXirs .Maximu.s, the intimate friend of Valentinianus III., against whom he turned ( loo), succeeding him after his nuirdcr in the same year; but at the end of three months Maximus was slain as he was lleeing from an invasion of the X'andals. invited by Eidoxia, the widow of Valentinianus.

MAXIMUS, Saint, called Coxfessob (c.iSO- ( (!2). An advcicate of orthodoxy against the
 * Mran Synod. Dill, to

anathematize the .Monothijlitc doctrine, in which condeuuiation Heraclius and Constans 11. were impliiated. My command of the latter. .Maximus was banished to Thrace. O,")") ; being recalled to Constantinople in 0(12. he was commanded to ac- cept the Monothelite heresy. Refusing to do so. bis timgue was cut out, his right hand cut n(T, and he was banished to Lazika. Colchis, where he died August 13. 002. He is called among the Greeks Theologos. and is venerated as a saint by the Western and Eastern Churches. He was a voluminous author; his works are in Migne, I'ltlnd. Ii'riren, xc.-xci.

MAX'WELL, James Clerk- (1831-70). One of the greatest of modern physicists. He was