SIMON ARCHER
CONTENTS
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Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
Chapter 26
Author’s Note
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MY SNEAKERS SANK into the ankle-deep snow as I plodded up the side of an icy white mountain. I pulled the hood of my track jacket a little closer around my face, but it wasn’t doing the best job of fending off the biting wind, but to be fair, I had no way of knowing how the events of my day were going to unfold, so I had been totally unprepared.
When I had woken up this morning in a pile of naked bodies in the house I shared with four of my six girlfriends, I hadn’t expected that my video game Aspect would whisk me away to an entirely new planet that I hadn’t even been aware existed. One minute I was walking along the street in the Lower End of the high-tech city, Kellade, and the next thing I knew, I was whisking through space to some kind of video game-like WorldHub.
The craziest thing, though, was seeing my world, planet Earth, spinning slowly in space with words above it that said: Training World,Level0-70.Next to Earth was a new planet that I had never learned about in all my years of schooling called Galandia,and that was apparently level seventy to eighty and marked as an Expansion World.
After teleporting to the new world, hiking down a mountain, fighting off some dire wolves, and making my way to a village, I had met Aelith, a very attractive adventurer with a giant sword, and while I believed her, the meters that my Aspect presented above
people’s heads confirmed her profession. Her Health Meter was twice as long as an average person back home, indicating that she was strong. Her Hero/Villian Meter was mostly full of gold on the Heroside and no black on the opposite side, telling me that she was a moral person, at least in most situations.
I was now shivering again as I followed the brawny brunette up another mountainside. As much as I enjoyed staring at the backside of Aelith in her form-fitted, leather leggings, I was also really jealous of her fur boots and heavy pelt draped around her shoulders that were doing a much better job of keeping her warm than my light clothes. Aelith also carried a brown sack and a massive sword on her back in a leather sheath that matched her tight pants.
I was thankful that I at least had the foresight to stash my jacket in my Inventory, since my Portable Store hadn’t sold cold-weather gear… Well, okay, it had, but it was Lockedfor now though I wasn’t sure why. Either way, both of those were two of the many benefits that my Aspect gave me, among other things, although I wanted to make sure to get some more suitable clothes as soon as I returned to the village to avoid any more unnecessary stares.
As soon as I had entered the Eagle and Child back in the village of Riverrun, the few patrons that had been in the inn were immediately distracted from drinking their beers by my unusual clothing. Between their simple clothes and houses and the way Aelith spoke about her world, I quickly realized that this world was similar to a medieval earth, so it was important that I fit in if I was going to spend time here. I definitely wanted to if it meant leveling up even more.
Until I could visit a shop for more clothes, I would have to make do with my jeans, high-top shoes, and track jacket, but I did make a mental note to carry a winter coat in my Inventoryat all times from now on. Stupid store. Wasn’t this exactly the situation it should have been useful for?
“We’re almost there,” Aelith called back to me through the wind that whipped around us, carrying little white specks of snow flurries.
“Where are we going again?” I yelled back as the cold stiffened my face muscles.
“Crackow’s Catacomb,” she called back. “It should be just around this bend.”
She led us through two more stone pillars that marked the pathway winding up the mountain. As I followed her around the corner, a stone structure carved from the mountainside towered over us, and I knew this was our destination, especially when a notification appeared on my HUD-like screen that my Aspect presented to me.
LocationDiscovered
Crackow’sTomb
Level70
“You have at least been in a catacomb before, right, foreigner?” Aelith stopped in front of a black opening that looked like a maw and unslung her sword from her back.
“Um...no, I haven’t,” I shrugged.
Aelith glared daggers at me. Her look made me fear that she might want to use her long sword on me, but she inhaled deeply and shook her head slightly. “Where did you say you were from again?”
“It’s pretty far away,” I scratched my head and smiled faintly. “You’ve probably never heard of it.”
Her deep brown eyes flashed to me again in an accusatory look. “I’ve been all over Galandia, so if there’s one person who’s heard of every place, it’s me. Unless it’s one of the islands, I’ve probably been there.”
“Oh, I’m from one of the islands,” I nodded.
“Which island?” she pressed.
I blinked and quickly entered the video game-esque menu. I navigated to my Regions tab and clicked on Galandia. A sub-menu popped up, but there was only one current selection that also said Galandia.Apparently, the planet and the continent I was now on had
the same name. Apparently, this world’s inhabitants didn’t actually have any concept that their world was a spheroid planet floating in space, at least not yet.
There was another menu within the continent menu that had the village name, Riverrun, with some minimal information about it, and another selection that said Crackow Catacomb, but there was nothing about any of these islands Aelith mentioned. I guess they wouldn’t appear until I discovered them. I blinked out of my menu and stared at Aelith.
“Uh…”
“Oh gods,” she huffed and rolled her eyes. “I don’t have any time for this.” She hoisted her sword up, propped it on her shoulder, and stalked off toward the entrance.
Since I didn’t want to completely freak Aelith out, I decided not to tell her about my origins or my Aspect. I needed to learn the laws of this world, both the laws of the land and the laws of nature. I didn’t know if people had Aspects in this world, so using mine could completely break things and completely change the trajectory of the entire planet.
That meant I couldn’t use my Aspect if Aelith could detect it so I wouldn’t have access to my Skillsor Inventory, but I could still adjust my stats since that all happened within my head. As I hustled after Aelith into the catacomb, I checked over my Stats to see if they needed any tweaking.
Strength[550]
Dexterity[460]
Vitality[490]
Intelligence[355]
Perception[370]
Charisma[360]
Empathy[355]
I usually kept my Strengthand Vitality highest since, as a hero back on Earth, I needed to be ready for a villain attack at any time, and now I needed to be ready for whatever creatures were in the catacomb, so I wanted to keep those Statswhere they were.
“Be ready,” Aelith whispered as we entered into a stone chamber lit with torches on the wall.
Several stone shrines adorned the room on either side. They were situated randomly, with taller ones nearer to the edges of the room and the shorter, smaller ones toward the center. Some of them had burning incense and melted candles on or in front of them, and there were also some flaming torches on either wall.
“Be careful of the ice goblins,” Aelith whispered as we moved through the room. “They like to hide in caves and tombs like this.”
“Got it,” I replied, sliding my curved BloodMoon Bladeout of its sheath that I luckily had already taken out of my Inventory before I arrived in Riverrun.
It was a great Grade S blade that I had received for killing a man with a vampire Aspect. Not only was it an excellent sword, but it gave me fifty extra Dexterity points and a fifty percent chance for a Vital Strike which was like a critical hit that did extra damage, so I certainly wasn’t complaining that this was the only blade I could use at this time.
Aelith led us through the shrines to the dark opening on the other side of the room. We entered into a cold and narrow hallway of stone lit dimly by a couple more torches on the wall. I wondered if someone actually tended to this place or if the torches and candles just stayed lit somehow.
“What are we here for again?” I whispered to Aelith as I checked my menu again to view the Quest notification that had appeared after I had agreed to accompany Aelith to the catacomb. Side Quest! Family Heirloom! Help Aelith Retrieve the Lost Magic Pickaxe!Reward!20XP!50HeroPoints!
She sighed, definitely annoyed by me at this point. “Dormund lost his family’s magic pickaxe in here. I guess he came here to mine some of the precious jewels that were recently discovered here, but the dolt got spooked by the wights and fled without his most valuable tool.” She shook her head from side to side and laughed.
“You said it’s a magic pickaxe?” I clarified, wanting to make sure I had heard her right. I thought she had mentioned something about the pickaxe being magic before, and if magic existed in this world, then I could use my Aspect with no problem, although I first needed to know what she actually meant by magic. Could people control it? Was it something tangible, or was it more of a nebulous, mystical sort of something kind of like how people talked about it on preAspect Earth?
When Aspects had first appeared on Earth, many people thought some of those first powers were a manifestation of magic, and although some people still believed that, it was now explained more by process of evolution, but I was still very familiar with the ideas of magic because I had always been intrigued by pre-Aspect stories of fantasy.
“Aye, it’s been enchanted, so it allows him to mine faster and more efficiently.” Her breath puffed in a small cloud in front of her face. “It’s part of what makes him such a good blacksmith. Without it, he runs the risk of losing business. That would be bad for him and Riverrun, who rely on Dormund for drawing travelers in for his wares.”
“My blade’s enchanted.” I figured I’d start to test the waters of magic in this world.
“I assumed a blade like that had some sort of magic. Mine is enchanted, as well, with a rock rune.” Aelith patted the hilt of her sword.
“What exactly does a rock rune do?” I asked. I expected another heavy sigh from Aelith, but instead, she smirked. “It increases my attack, makes my blade more durable, and can stun my enemies.”
I made a mental note in my Aspect’s DailyLog that allowed me to record different things like a diary, although my Aspect required
me to record every day in it for a DailyQuest that also involved a physical workout and paying compliments to other people. I also used my DailyLogto make a mention of the magic I encountered in this world so I could piece everything together. I now knew there were enchantments and runes, and I had a suspicion that the torches had some kind of magic keeping them lit in such a secluded place.
“My blade can draw life from my enemies and siphon it into me,” I smirked at Aelith.
“Oh, so it has a Soul Tap enchantment on it,” she stated.
“Uh… yep, it does,” I nodded.
We followed the dim hall further into the mountain, and I noticed that the walls were actually made out of human skulls. The hallway led into a room with large, evenly spaced rectangles up the skull and stone walls. Human-shaped forms wrapped in cloth rested in the indentations. I wondered who all the people were buried in Crackow’s Catacomb, and upon checking under the Regiontab in my menu, I learned that Crackow was an ancient warlord from the nearby city, Vitorria. All of his fighters were buried in the tomb with him, where it said they still follow him in the afterlife.
“Shh…” Aelith pressed her finger to her lips as she slowly led me through the catacomb.
A scuffling sound echoed through the chamber, putting both Aerith and me on edge. We tiptoed around a corner to see a small, humanoid creature with its back turned to us. Its skin was bluishgray, and the child-size creature wore a loincloth.
Aelith snuck up behind the blue goblin, slid a knife from her thigh pocket, and silently slid the blade into its back. The goblin slumped to the floor, very dead. Aelith wiped the blade on her pants before sliding it back into the pocket, and she stepped over the goblin and led on.
As I approached the goblin, words appeared under its nameplate that said Auto-Harvesting, and then they disappeared as a notification popped up telling me I had received 2 goblin ears. Another question flashed over the goblin.
Loot?
[Yes]or[No]?
I selected yes, and another couple of notifications appeared.
Youhavereceived3goldcoins!
WouldyouliketoturnonAuto-Loot?
[Yes]or[No]?
After I hit yes, I returned my attention to Aelith, who cautiously led me through another long hall. “Sometimes the imps like to set traps.”
She kicked her foot out of the hallway into the next room. But it caught on a string that had been nearly invisible to us before. As the string stretched, a crude axe came swinging down across the opening.
Aelith turned and raised an eyebrow as the axe swung back the other way. “See?”
“I see I have a lot to learn from you,” I smirked at the fierce woman.
The goblin axe swung back and forth like a pendulum until it stopped, and we could quietly pass into the next chamber where there were even more bodies of fallen warriors along the edges of the room. We kept to the shadows to avoid the group of goblins that meandered around the center of the room.
They had fashioned a little camp with a fire in the center of the room, with little bundles of dirty clothes tossed around that a few of the ice goblins lounged on. They also had a decent collection of
sticks, weapons, wooden bowls, a pile of skinned, uncooked meat, and other odds and ends they had probably scavenged.
Aerith studied the group for a moment and then turned her deep, brown eyes to me. There was a fire burning in her eyes, one that I had seen many times before in the eyes of my girls and friends before we had jumped into one of the many battles we faced over the past five years. Aerith smirked and motioned her head to the goblins, silently communicating what she wanted to do, and I understood her.
I gripped my katana tighter and crept further along the side of the darkened room. Aelith moved out toward the center, staying just outside the ring of light that was cast by the fire. I crept toward the group, barely able to see Aelith on the other side until her gleaming sword sliced into the light and across the neck of the closest, unsuspecting goblin.
Aelith sent his head flying into the fire, alerting the remaining seven goblins that an intruder had entered their midsts. With a warrior cry, the adventurer leapt into the firelight, swinging her sword at the next goblin. The other goblins screeched and grabbed whatever weapon was nearest to them, but a couple of the goblins shot chunks of ice toward Aelith.
With the goblins distracted, I pounced out of the shadows behind the group and expected to cut down two of the creatures before they even realized what was happening, but they heard me as I moved. Aelith had made it look like the goblins were easy targets, but I found myself locked in a fierce sword fight with the creatures.
As the remaining goblins turned around, Aelith finished them off quickly. She noticed me still struggling with the last goblin and swooped in to cut its head off its shoulders.
A flurry of notifications appeared in my vision informing me that I had Auto-Harvested16goblinearsand Auto-Looted10goldcoins.
“They can use magic?” I asked Aelith as I wiped the blackish blood on a rag.
“That is why we call them ice goblins,” she glared at me. Then she glanced around at the dead goblins. “Where did their ears go?”
I stared down at the earless goblins and then locked eyes with Aelith and said the first thing that came to my mind. “Magic.”
“That’s some interesting magic.” She shrugged her left shoulder that had her sack strapped over it. “I have a Bottomless Bag that can carry far more weight than a normal bag, so your spell would work well with it.”
“I sort of have the same thing, only I don’t have to carry a bag around.” I watched Aelith closely to see her expression, but she was already walking out of the light toward the next room.
“You’ll have to tell me about that after we find this pickaxe.” She slung her blade back over her shoulder, and I sighed, glad that my short explanation of my Inventory didn’t totally freak her out. That meant I could use it.
The next chamber we entered had some similar signs of goblin activity, but, without a doubt, this was the main area that any brave miners tried their luck in. A good chunk of the left side of the room had been excavated about ten feet into the mountain, and I noticed why. The wall was dotted with sparkling magenta rubies and laying in the darkness a little to the side was a pickaxe.
“There it is.” Aelith scooped up the pickaxe and stuffed it into her bag.
SideQuestComplete! You Found Dormund’s Lost Pickaxe! Reward! 20XP!50HeroPoints!
Loot!10GoldCoins!DustyPickaxe!LeatherBracersofMining!
SideQuestOngoing!DiggingDeeper!DeliverDormund’sPickaxe! Reward!20XP!50HeroPoints!
LevelUp!Youhavereachedlevel71! Wouldyouliketoturnonauto-equipforacquiredloot? [Yes]or[No]?
I selected Yes, and the bracers appeared on my wrists, but they really only gave me a buff for mining, giving me a higher chance of
mining precious gems, but they also looked pretty cool. Just as I closed out of my menu, a strange sound echoed from deeper into the tomb. Aerith and I immediately looked at each other.
Side Quest! Digging Deeper! Discover What Lies Deep in the Catacomb!Reward!20XP!50HeroPoints!HiddenItem!
“Do you wanna go see what it is?” I asked.
“I thought you’d never ask,” Aelith replied with impeccable timing.
She led the way through the next tunnel that wound further down into the mountain catacomb until we reached a final chamber with four stone sarcophagi on each side of us. There was one more sarcophagus at the front of the room. We approached slowly.
“Be careful,” Aelith whispered. “I’ve been adventuring long enough to know that something will probably pop out of there.”
I had a feeling she was right.
I steadied my breathing as we approached the platform that the coffin was on. The bottom was a thick stone base, and the top was a stone carving of a warrior. He looked very lordly and held a longsword that rested on top of his stone feet.
“Crackow, I’m guessing?” I asked Aerith.
She nodded, but we were both startled by a horrible grating sound that echoed off the stone walls. The carved coffin top slid to the side until it slammed onto the ground, sounding like a gong. A giant skeleton with a long white beard holding a jagged-edged sword even longer than Aerith’s lay in the bottom of the stone basin. His skull was bare like his arms, but he wore a fur and leather breastplate that looked very fitting for an ancient warrior.
Crackow’s eyes popped open and glowed a cold blue. His mouth opened as a deep, gurgling sound resonated from him. Bony fingers gripped the edge of the coffin as Crackow pulled himself up. At the
same time, he slashed his sword to the right, almost catching Aelith, but she was prepared and parried his attack.
I swung my sword down on the undead warrior, but he pulled his sword back over him in time for the block. Aelith wasted no time and cracked her sword into Crackow’s arm. His sword smacked into the side of the coffin, giving me time for another attack on his exposed side.
Even though he was all bones, he was incredibly tough. It seemed like the battles here were going to be that way until I leveled up some more, seeing how this was an expansion world that started at level seventy. Crackow chucked his sword at me again, even as Aelith went in for another powerful strike. The warrior finally managed to climb his way out of the sarcophagus, and with surprising speed, he charged at me and slashed his sword up across me.
I blocked, but it pushed me back down the platform, making me almost stumble backward. Crackow stalked toward me, drawing his sword back, ready for the strike, but Aelith cracked her blade down over the dead warrior’s skull. He roared and spun around, locking swords with the warrior woman.
I clambered to my feet and rushed back in. My katana cracked into Crackow’s ribs, snapping several of them off and sending them clattering on the floor.
“Don’t let up!” I yelled, pressing in and fighting harder.
Aelith let out another warrior cry and rushed in. She tried to overwhelm Crackow with her fast and fierce blows, and it looked like her rock rune sword was doing the job. More pieces of bone chipped off of Crackow with every one of her hits that he was too slow to block, and with me hacking away at his back, he had no chance. Crackow, finally overwhelmed, fell to his knees. Aelith took one glance at the legendary warrior and sliced his skull from this skeleton body.
Side Quest! Digging Deeper! Discovered What Lies Deep in the Catacomb!Reward!20XP!50HeroPoints!HiddenItem!
YouhavereceivedaHiddenItem!Wouldyouliketoaccept?
[Yes]or[No]?
When I selected yes, a glowing key with a circular handle appeared in my menu with another notification.
YouhavereceivedCrackow’sKey!
You have Auto-Looted Crackow’s Breastplate and Crackow’s Sword!
“Your magic looted the warrior?” Aelith asked.
“Yes, but look what else I got.” I held up the silver key.
Aelith’s brown eyes went wide. “How did you get that?”
I looked at her and shrugged, and at the same time, we both said, “magic.”
Aelith grinned at me. “There must be a chest then.”
We explored the room and soon found a loose stone along the wall behind the sarcophagus. Aelith and I dug our fingers between the stone and pulled the rubble out in pieces, revealing a wooden chest. We grabbed the ends and hoisted it out.
“Would you like to do the honors?” I asked as I held the key up.
Aelith grabbed it from my fingers, giving me a curious look. She slid the key into the chest and turned it with a click. We pushed the lid open. Inside were several gold coins, an amulet, and a ring.
“We can divide all the spoils up when we get to town,” Aerith suggested as she started piling the treasures into her bag. “Let’s just get this pickaxe back to Dormund before the wights wake up.”
“Wights?” I asked, knowing I would get some kind of look or reaction from the brown-haired women.
“If you don’t know now, you don’t want to know. Pray you don’t find out.” She turned on her heel and stepped off the platform. I followed her, but as we were halfway across the room, a crisp cracking sound stopped us dead in our tracks. There were three more thundering cracks, then scraping sounds as the four sarcophagi slid open just like Crackow’s had done.
Four more skeletons with swords stepped out into the room.
“THOSE ARE WIGHTS, ” Aelith said as she charged toward the skeleton on our right. “They’ve been cursed, so they cannot enter the afterlife.”
“So they just hang out here and attack people?” I called as I took the wights on the left.
“Some wander Galandia,” she shouted as she landed a leaping kick into a wight’s chest. “Some feel this is the only home they have anymore.”
I shoved the wight in front of me backward into the wall and spun to the left, slashing my sword across the second wight's torso and chipping its ribs. I quickly sliced my katana back across his chest, but the blade knocked around in the open cage of bones. It took me way more than a couple of simple flurries until the skeleton crumpled to the floor. I turned my attention to the other wight as it stumbled back toward me.
I was about to attack the last wight on my side when he stretched a hand out toward me. A gust of air blasted at me, pushing me backward. I tripped and skidded on my butt across the hard stone.
The wight’s eyes gleamed yellow, and I scrambled to my feet as he stalked toward me with his sword raised, ready to strike, but before he got close enough to try, Aelith cut his legs off at the knees and then smashed his skull with her booted foot.
“Thanks,” I said as she came over to me.
“Come on. We need to push through to the entrance.” Aelith readjusted her sword as I swiped away my Aspect’s notifications and then followed after her back through the catacomb. Only now, most of the bodies that were in the tomb were now up and trying to kill us.
“Push through!” Aelith commanded as she fought her way through the halls and chambers, but the wights pushed in on us from every direction.
I did my best to keep them at bay from behind us and could only move so fast as Aelith could clear a path ahead, and then I scoffed at myself. I could use my Skills and just explain them away as magic.
“Aerith, let me take the lead,” I called to the fierce woman. I expected to get some resistance, but she was a well-trained fighter just like I was, and she trusted my instincts.
As we swapped positions, I activated my Enrage Skill, which boosted my Strengthand Vitalityfor twenty seconds. As soon as the skill was on, my muscles tensed, and my veins popped out of my arms as a red mist surrounded me. I charged forward over twice as strong as usual, and with twice as much health and defense, shoving wights aside and impaling them with my BloodMoonBlade.
For the next twenty seconds, while I was in berserk mode, we combed through the catacomb with skill and speed. By the time my skill wore off, we had made it back to the goblin’s camp.
“Nice magic, Sam.” Aelith grinned at me through the dim light as we ran across the room to the next hall.
“Thanks,” I said as two wights lumbered toward us.
I dodged the first skeleton’s attack, leaving it for Aelith as I charged the wight. He stumbled back as I rammed a shoulder into his bony chest, and once he was down, he was no match for my blade or Aelith’s as she came up behind me and executed a finishing kill in unison with me.
“Nice one,” I smirked at her. She had barely broken a sweat, but her brown mane of hair was a little messy, making her look even more like the sexy warrior that she was.
Aelith winked as she brushed past me, taking point again. I got a little hint of some friendly competition and got a little jolt of excitement and a huge dose of crazy attraction to the strong woman, but so far, there was no Love Meter over her head. However, that hadn’t really stopped me before. I had gotten involved with my newest girlfriend, Adrianna, before she had a Love Meter, but all of my other girls first had Love Meters over their heads, which was my Aspect’s way of telling me that I could pursue a relationship with that person.
Now, most of my girls had different colored hearts that floated over their heads in place of the Love Meter . The heart meant that I was Bonded with that woman, a symbol of our close relationship. I could also see each woman’s heart and Health Meter within my Aspect, so it was kind of like a part of them were with me at all times. I did wish they were on this adventure with me right now. Hell, I didn’t even know if they could come to this world yet, but I knew they would all love it.
Now wasn’t the time to be distracted, though. We had one more room of wights to fight through. We rushed into the chamber like we had done with all the other rooms, but both Aelith and I were blasted with a freezing wind. I moved much slower for a few seconds, giving me a chance to focus on the notification saying I had been Frozen.
After the spell broke and the ice encasing our bodies shattered around our feet, we made quick work of the remaining wights with more flurries and flashes of our skilled blades. We made a pretty good team, proven by how fast we smashed the skeletons apart, and soon we were headed bad out into the frigid mountain air.
“I’m impressed,” Aelith said as she slung her pack off her shoulder. She reached into her bag to pull out a leather-skinned flask, took a swig, and handed the bottle to me.
“I’m actually a pretty great fighter where I come from.” I took a sip of what I thought was water, but my tongue immediately felt numb, and then a burning sensation dripped down my throat as I swallowed the liquid before coughing.
Aelith ripped the bladder out of my hand. “I never would have guessed.”
“It’s true.” I scratched the back of my head and chuckled.
Aelith rolled her eyes, and after slinging her pack back over her shoulder, she stomped off down the snowy mountain path. I took off after her, doing my best to shield myself from the winter flurries. It was another trudge, but we didn’t encounter any more goblins, wights, wolves, or other creatures.
When we rolled up into Riverrun, we went directly to Dormund’s house near the southern entrance to the town. He owned two buildings. One was a small shack he used for his smithy with a forge and all his tools. The other wooden building acted as his house and shop, where he sold all of his wares. Both buildings backed up against the river that ran lazily through the village.
We walked by his forge, but it was empty, so Aelith led me up the wooden stairs and into the bottom level of his house. It was dimly lit inside like the inn, with candles and torches dotted around. There were also many stands that displayed leather, iron, and steel swords, axes, chest pieces, gauntlets, daggers, and other items of his craft.
A burly man stood behind a wooden desk where more items waited for someone to buy them, like tools and scraps of leather and ore. He had long blond hair that was halfway tied back into a knot, but the rest draped over his shoulders.
“By the gods, if it isn’t Aelith the valiant come to visit me and my humble smithy.” He greeted us in a gruff voice as we entered and squinted his brown eyes at us, but he let out a hearty laugh.
“Oh, stop, you big oaf,” Aelith waved a hand but gave the man a grin.
“Please tell me you have good news for me,” the man, who I assumed was Dormund the blacksmith, smiled.
Aelith eyed him with her dark orbs, still with a grin on her own stunning features, and unslung her bag from her shoulder. She set it down on the counter and fished through it. When she pulled out Dormund’s lost pickaxe, the big man’s grin widened even more.
“You’re a true hero, Aelith. Nay, you’re a goddess,” he beamed as he took the pickaxe from her.
“I’m just glad you have this back. Next time you want to go mining in the catacombs, take an adventurer with you.” Aelith winked at Dormund.
He gave a sheepish smile. “I had heard rumors about the wights, but I honestly didn’t believe them to be true, until I saw them with my own eyes, that is. Scared the spit right out of me.”
“Stick to the Grim Mines, Dormund.” Aelith raised her brows at him.
“Wait, didn’t we just clear the catacombs out of all the wights?” I asked.
“We cleared most of the catacombs out for now, yes, but the spirits will eventually come back,” Aelith explained, and then turned to Dormund. “I guess if you really wanted to go back, you could before it’s overrun again.”
“I think I’ll stick to the mines,” Dormund sighed.
Aelith let out a chuckle. “To think that a big man like you is afraid of a few wights.”
“I’m a smithy,” he grinned at Aeltih. “Not all of us can be brave adventurers like you.”
“Aye, that is true,” Aelith nodded. “And we brave adventurers need skilled blacksmiths like you to help us along the way.”
“Oh! That reminds me.” Dormund set his pickaxe gently in the corner. “Since you and your friend here,” he gestured to me, “helped me out, I’d like to give you both a discount on my wares.”
“Thanks, I really appreciate that,” I nodded sincerely at the big man.
“Why don’t you have a look around and see if there’s anything you’d like?” Dormund offered.
I nodded and started looking around the room, and he and Aelith dropped into a bantering conversation. Then I noticed the notification in my vision.
SideQuestComplete! Delivered Dormund’s Pickaxe! Reward! 20XP! 50HeroPoints!Notoriety!
Loot!RingofEnchanting!IncreasesEnchantmentsuccessrateby 30%!
Youhavereceiveda25%discountatDormund’sStore!
For completing an initial quest in this world, you have now unlockedtheRegionStore!
I immediately shuffled to the new tab in my Aspect’s Store that said Galandiaand noticed several dropdowns. Each section was unlocked up to level seventy-one with a note explaining more store options would be available with high levels. -Weapons -Armor -Items -Magic
The first thing I was really concerned about was my own clothes, so I clicked on armor and only saw one option, which was a Leather Adventurer’s Set. Everything else was locked until I reached higher levels. The set was only five hundred Hero Points, so I bought it, even though it was a Grade F set of armor, meaning it offered little protection, but at least I could blend in better.
I would have to wait to change, so instead, I perused around Dormund’s shop. I already had a breastplate, the one I received from defeating Crackow, so I thought I would look at some of the other pieces of armor he had. I picked up a pair of silver gloves in front of a window. An overlay of letters hung in the air above the armor.
Dormund’sSteelGlovesofStrength
GradeCGauntlets(heavyarmor)
+150toStrengthwhileequipped
50GoldCoins
I wondered how many gold coins I had received and checked my Inventoryto see that I had gained 75 gold coins from my adventure with Aelith in Crackow’s Catacomb, meaning that I had more than enough for the gauntlets, and I wanted them because of the crazy Strengthboost. I mean, usually, my Strengthwas between 500 and 600 depending on how I had allocated my points, so using this would give me a thirty percent increase in Strength, which was crazy when I thought about it.
That was good, though. The few things that I had fought so far in Galandia had proved to be a lot stronger than I anticipated. I grabbed the gauntlets, and was about to take them to the counter, when someone else entered the store.
A red-haired man, looking no older than me, burst into the shop and rushed to the counter. He seemed to be in some kind of emotional distress and didn’t even notice me, but he noticed Aelith at the last second. “Aelith! I’m so glad to see you!”
“Hello, Parson,” she greeted the young man. “Let me guess. You have some kind of task for me?”
“Well, I was going to ask Dormund here, but since you’re the adventurer and you take care of these kinds of things for people, better you than him, right?” Pason spoke in a fast, nervous voice.
“Tell me what you need,” Aelith replied in a civil and professional tone, telling me she was used to receiving all kinds of requests from people.
“You see, there’s this girl,” Parson began.
Both Aelith and Dormund rolled their eyes and laughed.
“Wait, hear me out!” Parson protested.
“Go on,” Aelith nodded, returning to her professional manner.
“Her name is Lydia. She’s the miller's daughter,” Parson continued.
“So, you mean your boss's daughter.” Dormund grinned at the nervous man.
“Well, yes, she is, which is why it would be even more perfect if she would agree to marry me. I’d like to think her father would be fine with it, but first, I must tell her how I feel, and that’s where you come in, Aelith.”
“You want me to tell her how you feel?” Aelith asked with one quirked eyebrow.
Parson shoved a hand into his pants pocket and pulled out a piece of parchment. “Can you give her this letter?”
“No, I cannot.” Aelith’s statement was curt, but she pointed at me. “But he can.”
Parson turned, noticing me for the first time since entering the shop. “Is he also an adventurer?”
“He’s an amateur adventurer that I’ve taken under my wing,” Aelith told Parson, which was news to me.
“This is serious business, Aelith. I can’t have some amateur handling my future,” Parson huffed.
“I can vouch for him,” Aelith replied. “He helped me in the catacombs and did an excellent job.”
“But this is a matter of love,” Parson countered.
“I’m pretty good in that realm, too,” I smirked.
“I believe him.” Aelith winked at me.
Parson gave a heavy sigh. “If Aelith vouches for you, then that’s good enough for me.” He handed me the letter.
“You can trust me,” I nodded to the red-haired man. “Where can I find her?”
“The mill is up on the hill just east of the inn. You’ll find her there. She’s the gorgeous blonde.” Parson’s voice sounded dreamy.
Aelith and Dormund rolled their eyes again, but Aelith patted Parson on the back as he turned to leave the shop. Aelith gave me a nod but turned back to laughing and chatting with Dormund. I paid the man for the gauntlets and followed after Parson as the notification appeared.
SideQuest! Love Letter! Deliver the Letter to Lydia! Reward! 20XP! 50HeroPoints!
Before I made my way back through town on the foggy day, I located a grove of thick trees in the surrounding landscape where I could change into my LeatherAdventurer’sOutfit.
I stashed my Earth clothes into my Inventoryand went back into the village. As I walked along the cobblestone path toward the Eagle and Child, I decided to shift some of my Stats around so that my Empathyand Charismawould be higher since this task might require something more along those lines rather than simple fighting.
When I reached the inn, I noticed a dirt path leading up the hill, perpendicular to the road I was on. I followed it up through some trees until I reached the mill. It was a long, rectangular building positioned over another river that ran down into the tributary that ran along Riverrun. A large wheel spun along in the water, that powered some inner workings of the mill to cut logs that were then stored in the building.
It was pretty interesting to see such ancient technology at work. I had learned about old machinery used in pre-Aspect times back on Earth, but had never really seen it besides in museums. To see it being used in a real society was a little more than mind-blowing. Everything you could ever want or need in Kellade usually could be automated by some kind of smart technology or A.I. from construction to food processing, but in Galandia, everything was stripped back to almost the basics. If I introduced just one piece of technology back home to the people here, it would blow their minds.
As I approached the mill, several men wandered about with various tools or carrying giant logs on the shoulders of six or eight of them. It seemed like the mill employed most of the men in Riverrun, and I figured if this society were anything like some of the traditional
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154. Mors dicitur ultimum supplicium. Death is said to be the extreme penalty.
Death is the utmost limit of all things. Capital punishment is now only inflicted in cases of high treason and murder.
155. Multi multa, nemo omnia novit. Many have known many things; no one has known everything.
So long, at least, as the law is ever changing, this must remain true.
156. Mutatis mutandis. Making such changes or alterations as the sense requires.
157. Nam silent leges inter arma. Laws are silent in time of war.
It is to be noticed that during those periods of our history in which wars, civil or foreign, were most prevalent, very little was accomplished in the way of legislature. Domestic legislation is always a sure index of a peaceful administration.
158. Necessitas non habet legem. Necessity has no law. (See next Max.)
159. Necessitas vincit legem. Necessity defeats the law. (See last Max. and No. 230.)
160. Nemo contra factum suum venire potest. No one can go against his own deed.
This maxim illustrates the doctrine of estoppel, of which there are three kinds. (1) By matter of record; (2) by deed; (3) by matter in pais. No person can, after execution, dispute his own solemn deed, which is conclusive against him and those claiming under him, even as to facts recited therein. (See Chitty on Contracts, 16th ed. p. 5.)
161. Nemo dat quod non habet. No one can give what he has not.
No one can, other than by sale in market overt, confer upon another a better title than he himself has. A great exception to this principle occurs in the case of “negotiable securities,” which by custom are transferable like cash by delivery. (See Miller v. Race, 1 Sm. L. C. p. 463.) A thief can confer no title to stolen goods. (See Maxs. Nos. 166 and 232.)
162. Nemo de domo suâ extrahi potest. No man can be dragged out of his own house.
(See Max. No. 62.)
163. Nemo debet bis punari, pro uno delicto. No one should be twice punished for the same offence.
(See next Max.)
* 164. Nemo debet bis vexari pro unâ et eâdem causâ. No one ought to be tried twice (twice put to trouble) for one and the same cause.
It is a well-established principle of Criminal Law, that where a man is indicted for an offence and acquitted, he cannot afterwards be again indicted for the same offence, if he might have been convicted at the onset by proof of the facts contained in the second indictment. (See last Max.)
* 165. Nemo est haeres viventis. No man is heir of a living person.
There may be either an heir apparent, as the eldest son, or an heir presumptive, as an only daughter. The question of actual heirship arises only on the death of the owner. No inheritance can vest, and no one can be a complete heir until the ancestor is dead. (See Max. No. 59.)
* 166. Nemo plus juris in alium transferre potest quam ipse habet. No one can confer a better right to another than he has himself.
(But see Miller v. Race, 1 Sm. L. C. 11th ed. p. 463, and Max. No. 161.)
167. Nemo potest esse agens et patiens. No one can be alike an active and a passive party.
* 168. Nemo potest mutare consilium suum in alterius injuriam. No one can change his purpose (or advice) to the injury of another.
It will be noticed that Acts of Legislation are generally prospective and not retrospective in their application. The doctrine of estoppel also illustrates the meaning intended to be conveyed.
169. Nemo praesumitur malus. No one is presumed to be bad. (See Max. No. 145.)
* 170. Nemo tenetur ad impossibile. No one is bound to an impossibility.
If a man contracts to do anything which is physically impossible, such contract is not binding on him; but where the contract is to do a thing which, though possible at the time, subsequently becomes impossible, it is otherwise; also if the impossibility is one personal only to the contractor. (See Max. No. 139.)
171. Nemo tenetur seipsum prodere. No one is bound to betray himself; i.e., cannot be compelled to criminate himself. A well recognised rule of evidence in all cases. (See Max. No. 3.)
172. Nihil tam conveniens est naturali aequitati, quam unumquodque dissolvi eo ligamine quo legatum est.
Nothing is so consonant to natural equity, as that a thing may be dissolved by the same means which made it binding.
173. Non accipi debent verba in demonstrationem falsam quae competunt in limitationem veram. Words which admit of a true meaning ought not to be received in a false sense, or one inconsistent with the facts.
Thus, where there is a subject-matter which answers in every particular to a description contained in a will or deed, no part of the description can be rejected so as to make it include more.
174. Non est regula quin fallat. There is no rule but it may fail; exception proves the rule.
(See Max. No. 83)
175. Non quod dictum est, sed quod factum est, inspicitur. Regard is to be had, not to what is said, but to what is done.
Where a lessor gives a receipt for money tendered to him as rent, this is in point of law a receipt for rent, and a waiver of any forfeiture which may have been previously incurred; although the lessor, before the tender, and on taking the rent, expressed his intention to accept the money only as compensation for the use of the land. (Croft v. Lumley, 5 E. & B. 648.)
176. Non videntur qui errant consentire. Those who make a mistake are not considered to consent.
Mistake is of two kinds, either of fact or of law, the former, as a rule, will be relieved against “Ignorantia facti excusat,” provided there had been no acquiescence; but with regard to the latter the Court will only grant relief in exceptional cases, “Ignorantia legis neminem excusat.” (See Lansdowne v. Lansdowne, 2 Jacob & Walker, 205.) Ignorance of foreign law is deemed ignorance of fact. (See generally hereon Snell’s Eq. 16th ed. p. 396, and Max. No. 110.)
177. Noscitur a sociis. It may be known or explained from its associates; i.e., the meaning may often be gathered from the context (“si non cognoscitur ex se”).
This refers to the construction of words and clauses in contracts and written instructions. (See Chitty on Contracts, 16th ed. p. 102, and Max. No. 78.)
178. Nudum pactum. A naked agreement; i.e., a bare promise; a contract not supported by necessary consideration.
179. Nullum scutaglum ponatur in regno nostro, nisi per communes consilium regni nostris. No scutage can be imposed in our realm, save by the common council of the kingdom.
All imperial taxes are fixed and settled by the House of Commons, in which House all “money Bills” originate.
* 180. Nullum tempus aut locus occurrit Regi. No time or place affects the king.
Lapse of time will not generally bar the right of the Crown.
181. Nullus clericus nisi causidicus. A clerk (in holy orders) was ever a pleader.
In early times the clergy monopolised all learning, and out of their ranks all judges were formally appointed, all the inferior legal offices being also filled by the lower clergy: hence their name of clerks. From the year 1373–1530 A.D. no lawyer filled the office of Lord Chancellor, the post being all along occupied by the clergy. “Les juges sont sages personnes et autentiques, sicomme, les archevesques, evesques, les chanoines, &c.”
* 182. Nullus commodum capere potest de injuria sua propriâ. No one can obtain an advantage by his own wrong.
The examples of this maxim are numerous in every branch of the law. (See Twyne’s Case, 1 Sm. L. C. 11th ed. p. 1, and Maxs. Nos. 80 and 82.)
183. Nullus simile est idem, nisi quotuor pedibus currit. No like is exactly identical unless it runs on all fours.
184. Obiter dictum. Said by the way; i.e., in passing.
The “obiter dicta” of learned judges are frequently quoted, although the same do not directly relate to the actual facts upon which judgment is being delivered, consequently they are not so important.
185. Odiosa et inhonesta non sunt praesumunda in lege. Odious and dishonest things are not to be presumed in law.
186. Officium nemini debet esse damnosum. A duty should be injurious to no one.
No one should sustain any loss by reason of doing his duty. Thus, Justices of the Peace and County Court bailiffs should not personally suffer loss on account of their having, in the performance of their duty, to do things which are sometimes distasteful alike to themselves and others.
* 187. Omne majus continet in se minus. The greater contains the less.
A tender by a debtor to his creditor of an amount in excess of that owing is perfectly good for what is actually due. (See Chitty on Contracts, 16th ed. p. 326.)
188. Omne quod solo inaedificatur solo cedit. Everything built on the soil belongs to the soil.
The grant of certain land will pass to the grantee all buildings and erections thereon, even though such erections be not specifically
mentioned. (See Steph. Comm. I. p. 313, and Maxs. Nos. 46 and 224.)
* 189. Omne testamentum morte consummatum est, et voluntas testatoris est ambulatoria usque ad mortem. Every testament is perfected by death, and the will of a testator is “ambulatory” (revocable) even unto death.
A will is of no effect and does not operate until the death of the testator, until which time it may be revoked or altered by him at his pleasure. It speaks from the date of death, and not that of its execution.
A will may be defined as follows:—Voluntatis nostrae justa sententia de eo quod quis post mortem suam fieri velet. (See Max. No. 261.)
190. Omnia praesumuntur contra spoliatorem. Every presumption is made against a wrongdoer.
See the third point of decision in Armory v. Delamirie, 1 Sm. L. C. 11th ed. p. 356, where it was decided that if a person withhold evidence in his possession, every presumption shall be adopted to his disadvantage, that is, such evidence shall be taken as adverse to his interest.
* 191. Omnia praesumuntur rite et solenniter esse acta, donec probetur in contrarium. All things are presumed to have been rightly and properly performed, until the contrary is proved.
Where there is a proper attestation clause to a will which appears on the face of it to be duly executed, the Court assumes that the Wills Act has been complied with, even although the witnesses may forget the circumstances. (See Vinnicombe v. Butler, 34 L. J. (P. & M.) 18.)
192. Omnis coactio a legato abesse debet. Every suit against an ambassador should fail.
It has now been decided that an ambassador is entitled to absolute exemption from suits in the Courts of the country to which he is sent. (See The Magdalene Steam Navigation Co. v. Martin, 2 El. & El. 94, 28 L. J. Q. B. 310.)
193. Omnis innovatio plus novitate perturbat quam utilitate prodest. Every innovation occasions more harm by its novelty than benefit by its utility.
The principle here laid down applies rather to the immediate, than to the ultimate and permanent effects. (See Ashby v. White, 1 Smith, L. C. 11th ed. p. 240, and Chitty on Contracts, 16th ed. p. 900.)
* 194. Omnis ratihabitio retrotrahitur et mandato priori aequiparatur. Every ratification has a retrospective effect and is equivalent to a previous authority or contract.
Where a person acts as agent for another, and professes (without authority) to contract for him, a subsequent assent by the principal is equivalent to a previous authority. (See Chitty on Contracts, 16th ed. pp. 21 and 279, also Maxs. Nos. 55 and 208.)
195. Omnium contributione sarciatur quod per omnibus datum est. That which is given for all should be contributed by all.
This maxim is the essence of the law as to general average, under which, where goods have been thrown overboard for the safety of a ship, that being the only alternative, contribution to the loss is made proportionately by the owners of the ship and all who have goods on board. (See Steph. Comm. II. Cap. V. Sec. X.)
* 196. Once a mortgage always a mortgage. Where a document is once satisfactorily established as a mortgage, a mortgage it always will remain.
This was not formerly so at Common Law, but now, since the Judicature Act, 1873, the rule of equity prevails. (See Snell’s Eq. 16th
ed. p. 238, and Max. No. 74.)
197. Optimus legis interpres est consuetudo. Custom is the best interpreter of law.
(See also Maxs. Nos. 37 and 153.)
198. Pacta privata juri publico derogare non possunt. Private contracts cannot repeal the public right—i.e., cannot adversely affect a public right.
* 199. Partus sequitur ventrem. The offspring follows the womb.
This maxim illustrates the doctrine of property arising from accession, and is grounded on the right of occupancy. It has been held in the case of all tame and domestic animals, that the offspring belong to the owner of the mother, although in the case of human beings it is otherwise, except as to bastards. (See Steph. Comm. II. p. 21.)
200. Patria potestas in pietate debet, non in atrocitate, consistere. A father’s power ought to be based on affection and not on cruelty.
Parents’ power over their children is derived from their duty towards them, being given them, partly to enable them the more effectually to perform their duty, and partly as a recompense for their trouble in its discharge. (See Steph. Comm. II. Cap. III., also the recent Acts for the Prevention of Cruelty to Children.)
201. Pendente lite nihil innovetur. Whilst a lawsuit is pending nothing must be altered.
This principle or effect is limited to the rights of parties in that particular suit.
202. Pluris est occulatus testis usus quam auriti decem. One eye-witness is worth more than ten hearsay.
Hearsay or second-hand evidence is generally inadmissible except in certain cases, such as questions of custom or pedigree.
203. Possessio fratris (de feodo simplici) facit sororem esse haeredem. Possession by the brother of an estate in fee simple constitutes the sister heiress.
Applicable to the old law of inheritance, under which the halfblood were totally excluded from the succession, land descending to a sister of the whole blood of the person last seised, rather than to a brother of the half-blood. Now, however, by 3 & 4 Will. IV. c. 106, the half-blood are admitted. (See Steph. Comm. I. p. 274, also Maxs. Nos. 96 and 97.)
204. Potior est conditio possidentis. The condition of one in possession is the more preferable.
The old English adage, “Possession is nine-tenths of the law,” now very qualified in its truth and application, probably had its origin in this maxim. (See Max. No. 118.)
205. Praestat cautela quam medela. Caution is better than cure.
206. Principia probant non probantur. It is not necessary to prove first principles—i.e., maxims (see Preface).
207. Quaelibet concessio fortissime contra donatorem interpretanda est. Every grant is to be interpreted most strongly against the donor.
(See Max. No. 272.)
* 208. Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud. When anything is ordered to be
done, everything by which it is to be accomplished is also impliedly authorised.
One of the rules affecting the law of principal and agent, is that the latter’s authority includes all medium powers “per quod pervenitur ad illud.”
209. Quando jus domini regis et subditi concurrunt jus regis praeferri debet. When the right of the king and that of a subject arise simultaneously the former takes precedence.
* 210. Quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsa esse non potest. When the law gives a man anything it gives him that also without which the thing itself cannot exist.
Under the following circumstances a way of necessity is implied— e.g., if A. grant to B. a piece of land surrounded on all sides by other land of A.’s B. will (in case there be no right of way to his land) have a right of way over A.’s surrounding land for such time as the necessity exists. The application of this maxim is very limited, and it refers more especially to contracts under seal. (See Chitty on Contracts, 16th ed. p. 115, and Max. No. 42.)
* 211. Quando res non valet ut ago, valeat quantum valere potest. When anything does not operate in the way one intends, let it operate as far as it can.
In the case of Roe v. Tranmarr, 2 Sm. L. C. p. 506, a deed purporting to be a release which could not operate as such because it attempted to convey a freehold “in futuro,” was held valid under the circumstances as a covenant to stand seised (see Max. No. 26). A lease in writing but not under seal, is not absolutely void, but held good in equity as an agreement for a lease. (See Maxs. Nos. 271, 273, and 275.)
212. Qui ex damnato coitu nascuntur inter liberos non computantur. Those born from an unlawful intercourse are not to be deemed among the lawful children.
Bastards are incapable under our law of being heirs, and are held to be “nullius filii.” By the civil law they could inherit being legitimated by the lawful marriage of their fathers and mothers.
* 213. Qui facit per alium facit per se. He who acts through another acts through himself.
A contract made by an agent is looked upon in law as the contract of the principal, so agents need not be “sui juris,” and infants, married women, and others are competent to act as such. The agent must, however, act within the scope of his authority. In Scott v. Shepherd, 2 Black. 892, an action was held to lie against the person who originally threw a squib which, after being knocked about by other persons in self-defence, ultimately hit and put out the plaintiff’s eye. (See Chitty on Contracts, 16th ed. pp. 262–7, and Max. No. 240.)
214. Qui haeret in litera haeret in cortice. He who considers only the mere wording of a document goes but skin deep into its meaning.
(See Maxs. Nos. 26, 78, 177, and 273.)
215. Qui minimum probat nihil probat. He proves nothing who proves too much.
216. Qui non improbat, approbat. He who does not blame, approves.
(See next Max.)
* 217. Qui non prohibet id quod prohibere potest, assentire videtur. He who does not forbid what he is able to prevent, appears to assent.
So one who enables another to commit a fraud is answerable. A person who has a title to property offered for sale at an auction, and, knowing his title, stands by and encourages the sale or does not
forbid it, will be bound by the sale, for “Qui non obstat quod obstare potest, facere videtur.” Teasdale v. Teasdale, Sel. Ch. Cas. 59. (See Snell’s Eq. 16th ed. cap. 3, and also Maxs. Nos. 35, 98, 216, and 222.)
218. Qui parcit nocentibus, innocentes punit. He who spares the guilty, punishes the innocent.
219. Qui peccat ebrius, luat sobrius. Let him who sins when drunk, be punished when sober.
An intoxicated person can derive no privilege from a madness thus voluntarily contracted. On an indictment for murder, however, intoxication may be taken into consideration, to show that the act was not premeditated, and if there has been some contrivance or inducement to allure the party into drink, or any unfair advantage taken of his intoxication, the Court will sometimes relieve. (But see Chitty on Contracts, 16th ed. pp. 161–162.)
* 220. Qui prior est tempore potior est jure. He who is first in point of time is preferred in law.
(See Brace v. Duchess of Marlborough, 2 P. Wms. 49 1, and Marsh v. Lee, 2 Wh. and Tud. L. C. Eq. 8th ed. p. 118.) Subject to the provisions of the Conveyancing and Law of Property Act, 1881, a mortgagee may recover in ejectment without giving notice to quit against a tenant who claims under a lease from the mortgagor, granted after the mortgage without the privity of the mortgagee. The rule stated in this maxim applies as between finders of “treasure trove,” derelicts, and such like. (See also Keech v. Hall, 1 Sm. L. C. 11th ed. p. 511.) Where several persons have interests in the same property, and equal equities in every point except time, as in the case of a third mortgagee who had no notice of a second mortgage when making his advance, here both mortgagees have equal equities, but the second mortgagee, being first in point of time, has the prior right. In this instance, however, the third mortgagee could avail himself of the advantages of tacking. (See Max. No. 288, and Snell, 16th ed. pp. 10, 262–3.)
* 221. Qui sentit commodum sentire debet et onus. He who receives the advantage ought also to suffer the burden.
Equity always acted on this principle when enforcing contribution between co-sureties. (Dering v. Earl of Winchilsea, 2 Wh. and Tud. L. C. Eq. 8th ed. 539, and Waugh v. Carver, 2 Hen. Blackstone, 235; Cox v. Hickman, 1 Sm. L. C. 414.)
222. Qui tacet sentire videtur. He who is silent appears to consent.
(See Maxs. Nos. 35, 216, 217.)
223. Qui vult decipi, decipiatur. Let him be deceived who wishes to be deceived.
A person who has been guilty of such gross negligence as to court deception will obtain no relief from the Court. (See Maxs. Nos. 47 and 61.)
* 224. Quicquid plantatur solo solo cedit. Whatever is planted in (or affixed to the soil) belongs to the soil.
This principle is stringently adhered to as between the heir-at-law and the executor of a deceased person, and as between mortgagors and mortgagees; but it has been very considerably relaxed in its application to fixtures as between landlord and tenant. (See Chitty on Contracts, 16th ed. p. 415, and Maxs. Nos. 46 and 188.)
* 225. Quicquid solvitur, solvitur secundum modum solventis, quicquid recipitur, recipitur secundum modum recipientis. Whatever money is paid, is paid according to the direction of the payer, whatever money received, is received according to that of the recipient.
A debtor has, at the time of payment, the first right to direct the same to be appropriated in liquidation of whatever debt due to his creditor he chooses. If the debtor omit to do this, the creditor has the
next right of appropriation to what debt he chooses. If neither party makes appropriation, the law makes it—generally to the earlier debt.
(See Rule in Clayton’s Case and Snell’s Eq. 16th ed. pp. 470–1.)
226. Quisque suâ acte perito est credendum. Every one experienced in his own calling is to be believed. (See Max. No. 43.)
* 227. Quod ab initio non valet, in tractu temporis non convalescit. That which was void from its commencement, does not improve by lapse of time.
Where any contract amounts to a constructive fraud, on account of its being opposed to some positive law, or public policy, it is void and incapable of ratification—it is different, however, when the contract is voidable only.
228. Quod fieri non debuit factum valet. That which ought not to be done, is yet valid (sometimes) when done.
Money paid in pursuance of an illegal contract which has been performed cannot, as a rule, be recovered back. (See also Max. No. 93.)
229. Quod naturalis ratio inter homines constituit vocatur jus gentium. That which by natural reason prevails among men is called the law of nations.
International law is not grounded upon the caprice of any particular nation, but depends entirely upon mutual compacts and treaties between the various States. The construction also of such compacts is governed by the law of nations, being the only one to which all communities are equally amenable. Civil Law, as distinguished from International Law, is thus defined: “Jus civili, est quod quisque sibi populus constituit.”
230. Quod necessitas cogit, excusat. That which necessity compels, she excuses.
A person is not held criminally responsible for actions which he is forced to commit under threats of death or grievous bodily harm, continuing during the whole time of the commission of such acts. This non-liability, however, does not extend to cases where the death of an innocent person results. (See Reg. v. M‘Growther, 18 St. Tr. 394, and Maxs. Nos. 158 and 159.)
231. Quod nullius est, est domini regis. What is the property of no one, belongs to the king.
Land will go to the Crown on the decease of the last owner or person actually seised intestate, and without heirs. So also do waifs (bona vacantia), and unclaimed wreckage. (See Wills Act.)
232. Quod per me non possum, nec per alium. That which one cannot himself do, he cannot do by another.
No one can delegate a power which he himself does not possess. (See Max. No. 161.)
233. Quod populus postremum jussit, id jus ratum esto. That which a people has last ordained shall be the established law.
(See Steph. Comm. I. p. 43, and Max. No. 137.)
* 234. Quod turpi ex causâ promissum est, non valet. An immoral (illegal or base) consideration will not support a promise (i.e., a contract).
So also one founded on an impossible or purely moral consideration.
(See Chitty on Contracts, 16th ed. p. 4, and Maxs. Nos. 80 and 82.)
* 235. Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est. When there is no ambiguity in the language of an instrument, no interpretation is to be made contrary to the words.
It is a rule that parol evidence contrary to the express written language itself is excluded, and the instrument itself is the only criterion of the intention of the parties. Parol evidence may be admissible to explain, but not to contradict or override, the express written contents of an instrument.
(See Chitty on Contracts, 16th ed. p. 116.)
236. Quoties idem sermo duas sententias exprimit ea potissimum accipiatur, quae rei gerendae aptior est. When the same expression carries two meanings, that shall be preferred which is the more fitted to elucidate the subjectmatter.
This is one of the numerous rules for the construction of legal documents. (See Max. No. 26.)
237. Res ipse loquitur. The thing speaks for itself (without proof).
Frequently quoted in actions for damages for negligence. (See Max. No. 69, and Chitty on Contracts, 16th ed. pp. 523–723.)
238. Res inter alios acta alteri nocere non debet. A thing done between two persons ought not to injure another.
(See Duchess of Kingston’s Case, 2 Sm. L. C. 731.)
239. Res judicata pro veritate accipiatur. A point judicially decided is taken to be correct.
This is conclusive so far as Courts of inferior jurisdiction are concerned, until the judgment is reversed.
* 240. Respondeat superior. Let the principal answer.
One authorising an unlawful act to be done by his servant, is himself answerable. The maxim does not apply as against the Crown. See also Max. No. 213. Also “Qui per alium facit per seipsum facere videtur.” Also the case of Thompson v. Davenport, 2 Sm. L. C. p. 379. Where at the time of sale the vendor is aware that there is a principal, but does not know who he is and debits the agent, he may nevertheless resort to the principal when known.
241. Rex debet esse sub lege, quia lex facit regem. The king ought to be subservient to the law, for the law makes the king.
This is so in our realm at the present time, although many of our earlier Sovereigns appeared to think otherwise, and acted accordingly.
242. Rex in suo regno non habet parum. In his own kingdom the king has no equal.
243. Rex nunquam moritur. The king never dies.
The person only is changed, but the Sovereign always exists—i.e., the Crown never falls vacant.
244. Rex peccare non potest. The king can do no wrong.
245. Salus populi est suprema lex. The public safety (welfare) is the supreme law.
The prosperity of its people, and the proper maintenance of order and security, as also the diffusion of domestic and social happiness, should be the first and main object of every government.
246. Scientia utrinque par pares contrahentes facit. Equal knowledge on both sides makes the position of the contracting parties the same.
In an insurance policy there are many things relating to the subject-matter thereof as to which the insured can be innocently silent—for instance, he need not mention any facts within the insurer’s own knowledge; for an insurer cannot insist that a policy is void because the insurer did not inform him that which he already knew.
247. Scire debes cum quo contrabis. One should know with whom he contracts.
This is self-evident, so that a person may know whom to sue and look to for damages in case of a breach of the contract.
248. Scribere est agere. To write is the same thing as to act.
A deed in writing is, at the present time, sufficient to effect the transfer of property, without any actual livery of seisin.
* 249. Seisina (non jus) facit stipitem. Seisin (not the law) makes the root of descent.
This was formerly a most important maxim, but the doctrine is exploded by the Inheritance Act, 3 & 4 Will. IV. c. 106, which enacts that “Descent shall in all cases be traced from the last purchaser, whether he may or may not have actually obtained possession.” The purchaser is defined by the Act as being the last person who had a right to the land who cannot be proved to have acquired the land by descent, or by certain means which render the land part of, or descendible in the same manner as other land acquired by descent (e.g., escheat, partition, or enclosure). Under the old law no one could be such an ancestor as to have descent traced from him, unless he had been in actual possession of the land, or in receipt of the rents and profits prior to his death.
250. Semper in dubiis benigniora praeferenda. In doubtful matters the more liberal (constructions) are to be preferred.
(See Max. No. 26.)
251. Semper in obscuris quod minimum est sequimur. In obscure (constructions) the law follows that which is least obscure.
(Williams v. Crosling, 3 C. B. 962, and Max. No. 26.)
252. Semper praesumitur pro negante. Presumption is ever in favour of the negative.
The “onus probandi” lies on the plaintiff (see Maxs. Nos. 24 and 69). It is also to be remembered that every one is presumed in law to be innocent until the contrary is proved.
253. Si plura sint debita, vel plus legatum fuerit, ad quae catalla defuncti non sufficiant, fiat ubique defalcatio, excepto regis privilegio. If the debts or legacies of a deceased are greater than the assets will satisfy, the same shall abate rateably, the privilege of the Crown excepted.
If the assets of a deceased person are insufficient to pay the debts and the legacies bequeathed by his will, all the general legacies abate rateably. A specific legacy, as of a piece of plate, is not liable to abatement, until the fund applicable for general legacies is exhausted; but, on the other hand, it is liable to ademption—i.e., it may have been otherwise disposed of by the testator in his lifetime. Debts in every case form a first charge on the estate. (See Steph. Comm. II. p. 300.)
* 254. Sic utere tuo ut alienum non laedas. So enjoy your own rights as not to injure those of another.
Where the natural course of a stream is over the surface of lands belonging to different proprietors, no proprietor above can diminish the quantity or injure the quality of the water which descends; nor can a proprietor below throw back the water without licences from the proprietors above. Aedificare in tuo proprio solo non licet quod alteri noceat.
