(229) of a defendant. Id. ibid. This rule is derived from that of the civil law, Nemo prohibetur pluribus exceptionibus uti, quamvis diversæ sint. Dig. 44. 1. 8. Nemo prudens punit ut præterita revocentur, sed ut futura præveniantur. No wise man punishes in order that past things may be recalled, but that future wrongs may be prevented. 3 Bulstr. 173. Nemo punitur pro alieno delicto. No man is punished for the crime of another. Wingate's Max. 336, max. 87. Nemo punitur sine injuria, facto seu defalta. No one is punished unless for some wrong, act or default. 2 Inst. 287. Nemo tenetur ad impossibile. No man is bound to do an impossibility. Jenk. Cent. 7, case 10. Held, on this ground, that when the king's command to the judges was contrary to law, it ought not to be obeyed. Id. ibid. Nemo tenetur armare adversarium suum contra se. No man is bound to arm his adversary against himself; (as to furnish him with an instrument to enable him to state his cause of action.) Bract. fol. 34. An observation of Bracton, which Britton (c. 39,) has rendered in French, Nul n'est tenu de armer son adversarie, and which has passed into a maxim of the common law, though its strictness has been much relaxed in modern practice. Co. Litt. 36 a. Wingate's Max. 665, max. 171. Best on Evid. 487, § 442. Nemo tenetur divinare. No man is bound to divine, or to have foreknowledge of a future event. 10 Co. 55 a. 4 Id. 28. Nemo tenetur edere instrumenta contra se. No man is bound to produce writings against himself. A rule of the Roman law, adhered to in criminal prosecutions, but departed from in civil questions. Bell's Dict. Nemo tenetur informare qui nescit, sed quisquis scire quod informat. No one is bound to give information on a subject of which he is ignorant, but every one is bound to know that which he gives information about. Branch's Princ. nem. Nemo tenetur jurare in suam turpitudiNo one is bound to swear to the fact of his own criminality; no one can be forced to give his own oath in evidence of his guilt. Bell's Dict. See Criminate. harm will excuse the performance of an act in law. Id. ibid. Nemo tenetur seipsum accusare. No one is bound to accuse himself. Wingate's Max. 486. 1 Bl. Com. 443. Nemo tenetur prodere seipsum. No man is bound to betray himself. 1 Greenl. Ev. § 224. Nemo videtur fraudare eos qui sciunt et consentiunt. No one seems [is supposed] to defraud those who know and assent [to his acts.] Dig. 20. 17. 145. NEMY, Nemi. L. Fr. Not. Nemy come heire; not as heir. Litt. sect. 3.