IDEM

Lat. The same. According to Lord Coke, “idem” has two significations. sc., idem syllabis seu verbis, (the same in syllables or words,) and idem re et sensu, (the same in substance and in sense.) 10 Coke. 124a. In old practice. The said, or aforesaid; said, aforesaid. Distinguished from “praedictus” in old entries, though having the same general signification. Townsh. PL 15V 16. Idem agens et patiens esse non potest. Jenk. Cent 40. The same person cannot be both agent and patient; i.e., the doer and person to whom the thing is done. Idem est facere et non prohibere cum possis; et qui non prohibit cum prohibere possit in culpa est. (aut jubet.) 3 Inst 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can prohibit is in fault, or does the same as ordering it to be dona Idem est nihil dicere et insufficienter dicere. It is the same thing to say nothing, and to say a thing insufficiently. 2 Inst 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner. Id. Idem est non esse et non apparere. It is the same thing not to be as not to appear. Jenk. Cent 207. Not to appear is the same thing as not to be. Broom, Max. 165. Idem est non probari et non esse; non deficit jus sed probatio. What is not proved and what does not exist are the same; It is not a defect of the law, but of proof. Idem est scire aut scire debere aut potuisse. To be bound to know or to be able to know is the same as to know.