NIHIL SIMUL INVENTUM

2 definitions found across Law Mind sources

NIHIL SIMUL INVENTUMAuthored
The Law Mind • 784 words
Definition
A Latin maxim meaning "nothing is invented and perfected at the same moment." The full form is *Nihil simul inventum est et perfectum*. The principle holds that no institution, doctrine, or rule of law springs into existence in its complete and final form. Law, like any human endeavor, develops incrementally — what begins as rough or imperfect takes shape over time through use, interpretation, and refinement. The maxim is a caution against expecting early legal instruments, doctrines, or statutes to carry the precision or completeness they may later acquire. ---
Common Confusion
The maxim is sometimes loosely treated as a general philosophical observation about human imperfection, which dilutes its legal function. In legal usage, the maxim is not merely rhetorical. It has been invoked to justify construction of early statutes and instruments charitably — that is, a court or commentator relying on this maxim is making an argument that deficiencies or ambiguities in an early form of a rule or document should not be held fatal, because no rule is perfect at inception. Researchers should distinguish this use from the related but distinct maxim *nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est* (nothing is so consonant to natural equity as that a thing be dissolved by the same means by which it was bound), which appears in the same vicinity of Coke's *Littleton* and Black's and is sometimes confused with it in transcription. ---
Why It Matters in Research
This term appears primarily in maxim collections and treatises rather than in operative statutory or case law. Its research significance is twofold. First, it is a Coke maxim — Lord Coke invoked it frequently in his *Institutes*, and Broom's *Legal Maxims* notes it with the qualification that modern law does not apply it without reservation. Researchers working in early common law sources, particularly seventeenth- and eighteenth-century English legal literature, will encounter it as part of Coke's broader jurisprudential framework for interpreting early instruments and customary law. Its presence signals an argument about interpretive latitude. Second, Black's 2nd edition entry is fragmentary — the text as preserved cuts off mid-sentence, a known artifact of early digitization and transcription of that edition. Researchers relying on Black's 2nd for this entry should consult Broom's *Legal Maxims* (Herbert Broom, *A Selection of Legal Maxims*, multiple editions) and Coke's *Institutes* directly, particularly *Co. Litt. 230*, for the full context. The citation *Co. Litt. 66b, 97b* associated with surrounding maxims in Black's points to Coke upon Littleton as the primary source. The maxim is occasionally cited in arguments about statutory interpretation and the common law's evolutionary character — the idea that a legislature or court should not be understood to have achieved final perfection of a rule at first passage or pronouncement. It carries more rhetorical than binding weight in modern practice, but its appearance in a brief or opinion signals that the author is drawing on the classical maxim tradition. ---
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) reproduces the maxim in its Latin form with the translation "Nothing is invented and perfected at the same moment" and attributes it to *Co. Litt. 230*. The entry as preserved in the corpus is incomplete, trailing off into an adjacent maxim, which limits what can be drawn from Black's alone on this point. Broom's *Legal Maxims*, cited by Black's at pages 186 and 366, provides the substantive treatment. Broom's caution that the maxim is "to be taken in modern law with some qualification" is notable — it indicates that even by the mid-nineteenth century, commentators recognized limits on using the maxim as a broad warrant for excusing legal imprecision. The qualification likely reflects the growing formalism of Victorian-era statutory interpretation, which was less tolerant of the loose constructive methods the maxim could support. No significant divergence between historical sources exists here, primarily because so few historical dictionaries treat the maxim at length. The maxim is consistent in meaning across all sources that mention it. What the historical sources collectively miss is any sustained application to constitutional interpretation or modern administrative law — uses that would require independent analysis beyond the maxim collections. ---
Jurisdictional Note
As a Latin maxim of the common law tradition, this principle is not jurisdiction-specific. Its practical relevance is confined largely to historical common law jurisdictions and to arguments grounded in classical legal scholarship. It carries no operative force as a rule of decision in any modern U.S. jurisdiction. ---
Related Terms
LEGAL MAXIMS — CONSTRUCTION OF STATUTES — COKE UPON LITTLETON — NIHIL TAM CONVENIENS EST NATURALI AEQUITATI — BROOM'S LEGAL MAXIMS — INTERPRETIVE CANON — COMMON LAW DEVELOPMENT
NIHIL SIMUL INVENTUMmain
Black's Law Dictionary (2nd Ed.) • 1910
ful. Co. Litt. 66¢, 970. A maxim very frequently quoted by Lord Coke, but to be taken in modern law with some qualification. Broom, Max. 186, 366. Nihil simul inventum est et perfectum. Co. Litt. 230. Nothing is invented and perfected at the same moment. Nihil tam oonveniens est naturali squitati quam unumquodgque dissolvi co ligamine quo ligatum est. Nothing is so consonant to natural equity as that a thing should be dissolved by the same means by which it was vound. 2 Inst. 359; Broom, Max. 877. Nihil tam conveniens est naturali sequitati quam voluntatem domini rem suam in alium transferre ratam habere. 1 Coke, 100. Nothing is so consonant to natural equity as to regard the intention of the owner in transferring his own property to another. Nihil tam naturale ost, quam eo gemere quidgque dissolvere, quo colligatum est; ideo verberum obligatio verbis tollitur; mudi consensus obligatio ocontrario consensu dissolvitur. Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent. Dig. 50, 17, 35; Broom, Max. 887. Nihil tam proprium imperio quam legibus vivere. Nothing is so becoming to authority as to live in accordance with the laws. Fileta, lib. 1, ec 17, § 11.

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