Ei incumbit probatio qui acccusatur

A

ain'ttranslationfun?

Senior Member
US English
Topic: Ei incumbit probatio qui acccusatur
Copied from title. Cagey, moderator

Ave,

A member posted this (and only these five words) in another Forum. I'm guessing from the context of the thread it means something like "He who smelt it, dealt it." Am I close?

Gratias, omnes!
 
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    • Hello

    I would literally translate the sentence as follows:
    Furnishing evidence falls on the one who is accused.

    ( normally, it is actually the accuser who has to provide the proof... )
     
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    saluete amici!

    Of course in a modern court of law the principle is usually maintained that the burden of proof lies with the prosecution, as friend bearded observes.

    But with great respect, I have a suspicion that this Latin maxim may mean something like 'It is a defendant's responsibility to examine/test the evidence'. I am no expert in Roman jurisprudence, and regrettably we have insufficient context here (Quintilian? One of the Jurists?). Perhaps the OP could enlighten us with more detail?

    Σ
     
    salvete omnes, praesertim ain'ttranslationfun

    Never having heard of Rumble, and reluctant to become involved with it, I feel disinclined to pursue this further, except to remark that the maxim cited in # 1 looks to me like a misquotation, or possibly a witty distortion, of whatever was originally said or written.

    ain'ttranslationfun is however in this much right: FIAT IVSTITIA, RVAT CAELVM ('May Justice be done, though heaven fall') is a well-known Latin saying, of uncertain origin, but cited in an English lawsuit of the 18th century.

    Σ
     
    Scholiast said:
    salvete omnes, praesertim ain'ttranslationfun

    Never having heard of Rumble, and reluctant to become involved with it, I feel disinclined to pursue this further, except to remark that the maxim cited in # 1 looks to me like a misquotation, or possibly a witty distortion, of whatever was originally said or written.

    ain'ttranslationfun is however in this much right: FIAT IVSTITIA, RVAT CAELVM ('May Justice be done, though heaven fall') is a well-known Latin saying, of uncertain origin, but cited in an English lawsuit of the 18th century.

    Σ
    Click to expand...

    Thanks, even though I misrembered the correct spelling. Believe it or not, I came across the saying a long time ago in a Peanuts comic strip!
     
    Scholiast said:
    possibly a witty distortion
    Click to expand...
    ✓ I imagine it's a sarcastic revision along the lines of 'So now it's the accused who has to prove himself innocent, is it?', since the attempt was to cut off the income of the accused man ; I've no sympathy with the loathsome individual concerned, but if he has 8 million 'followers'... O tempora ...!
     
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