Sec. 70. Common-Severalty. "Mar. Not so, gentle beast; 2 My lips are no common, though several they be." This is a play upon terms familiar to the student of real property. The speaker's lips are compared to an estate which either may be held in common, or in severalty. An estate held in severalty is one held by a tenant in his own right alone, without any one else being joined with him during the continuance of the estate, while an estate in common is one held by two or more persons at the same time, although by several and distinct titles. The right of easement known as "common appendant," which was the right of pasturage annexed to land, on which the owner had the privilege of feeding his beasts on the waste of the manor, is probably the reference made in the use of the first term, from the preceding verse. This right, by usage could be limited to some certain number of cattle, or otherwise to the number of cattle owned by the owner of the right." The earl of Salisbury, thus explains to king Henry, his reasons for supporting the title of York, to the crown, in 2' Henry VI: "Sal. My lord, I have considered with myself, The title of this most renowned duke; (Act V, Scene I.) York claims title to the crown, in 3' Henry VI, as follows: "York. Will you, we show our title to the crown? If not, our swords shall plead it in the field." And Henry replies: (Act I, Scene I.) "K. Hen. What title hast thou, traitor, to the crown? Thy father was, as thou art, duke of York." idem. 'Love's Labour's Lost, Act II, Scene I. 22 Bl. Comm. 179; Tiedeman, R. P. (3' Ed.) 26, 174. 2 Bl. Comm. 191; 1 Preston, Est., 139. '6 Coke, 59; 1 Rolle, Abr. 396. 52 Dane, Abr. 611; 2 Mood. & R. 205; 4 Coke 36; Tiedeman, R. P. (3' Ed.) Secs. 424, 426. Sec. 71. Crime of perjury. "Prin. keeping; I hear your grace hath sworn out house 'Tis daily sin to keep that oath, my lord, and sin to break it: You will the sooner that I were away; For you'll prove perjured, if you make me stay." "Prin. This field shall hold me; and so hold your vow; A world of torments, though I should endure, Of heavenly oaths, vow'd with integrity. It is inaccurate to treat the violation of the oath subscribed to by the King and his associates as "perjury," because the same was not made in a judicial proceeding, in due course of justice, which is and was, at common law, an essential of the crime. Sir Edward Coke thus defined this crime at common law, saying that it is committed "where a lawful oath is administered in some judicial proceeding or due course of justice, to a person who swears wilfully, absolutely and falsely, in a matter material to the issue or point in question." It is doubtful if the violation of the oath subscribed to by the King and his associates, in this instance would have constituted a crime at common law, at all, or, if so, it would have amounted to the making of a false affidavit. But of course the Princess and her associates aggravate the offense, for a purpose and refuse the invitation to be a guest of the King, so 'Love's Labour's Lost, Act II, Scene II. 'Love's Labour's Lost, Act V, Scene II. 3 Coke Inst. 164; 2 Bishop, Criminal Law, 860; Sherwood's Cr. Law, 391. This would be an extra-judicial oath, or one taken without authority of law. Though binding in foro conscientia, such oaths when violated, would not render the person so violating, liable for perjury. that they may not be the cause of his violating his oath, which is treated as of the same solemnity, before heaven, as if criminal before the law. And Biron concludes that this is a proper punishment for the offense committed, before heaven, if its the only punishment to be inflicted. Sec. 72. Denial of receipt. "Prin. You do the king, my father, too much wrong, And wrong the reputation of your name, In so unseeming to confess receipt, Of that which hath so faithfully been paid." A receipt is generally defined to be a written acknowledgement of the payment of money, or of the delivery and In King John, Constance is made to say: "Nay, rather, turn this day out of the week; this day of shame, oppression, perjury. Arm, arm, you heavens, against these perjur'd kings." (Act III, Scene I.) Richard III, after his dream, before the battle with Richmond, exclaims: "K. Rich. (Act V, Scene III.) Cæsar tells Euphronius, in Antony and Cleopatra: "Cæs. But want will perjure the ne'er touch'd vestal." (Act III, Scene X.) In Romeo and Juliet (Act II, Scene II), Juliet tells Romeo that Jove laughs "at lover's perjuries." Othello cautions Desdemona before killing her: "Sweet soul, take heed; Take heed of perjury, thou'rt on thy death bed." (Act V, Scene II.) In the CLII' Sonnet, the following occurs: "But why of two oaths' breach do I accuse thee, When I break twenty: I am perjured most. For I have sworn thee fair; more perjured I, To swear against the truth so foul a lie." (5, 6, 13, 14.) In the Passionate Pilgrim, occurs the following: "Did not the heavenly rhetoric of thine eye, 1 Love's Labour's Lost, Act II, Scene I. acceptance of something in lieu thereof.1 While subject to explanation by parol evidence, unlike other written instruments, reecipts are sometimes useful, as evidence of facts collateral to those things set forth in the receipt; they establish the payment made and whatever inference may be legally drawn from the fact of the payment made will be supported by the receipt itself. A denial of one's receipt is like the denial of any other obligation or acknowledgment, over one's signature and hence the conclusion of the Princess, that the King wronged the reputation of his name, in refusing to confess the receipt of a sum that had "so faithfully been paid." Sec. 73. Specialties Acquittances.— "Prin. We arrest your word: Boyet, you can produce acquittances, Boyet. So please your grace, the packet is not come, An acquittance, in the law of contracts, is a written agreement to discharge a party from his engagement to pay a given sum of money.'5 Like a receipt, it is evidence of the payment, but it differs from a release, or specialty, in that the latter is always under seal, while an acquittance is not under seal. A specialty is a writing containing some agreement, which is sealed and delivered. In the sense in which the word is used in this verse, it is a writing sealed and delivered, which is given as evidence 1 Bouvier's Law Dictionary. 21 Pet. C. C. 182; 2 Johns. N. Y. 378. 3 15 Johns. N. Y. 479. 'Love's Labour's Lost, Act II, Scene I. Bouvier's Law Dictionary. Pothier, Oblig. n. 781; Coke, Litt. 212a, 273a; 3 Salk, 298; 1 Rawle (Pa.) 391. 'Bouvier's Law Dictionary. of the payment of a debt, in which the same is specially mentioned.1 Although a seal may not be called for therein, if an instrument is executed with a seal, it is a specialty, while it is not a specialty if the seal is omitted. The Princess does not dignify the receipt for this debt, by placing it on the higher plane with sealed instruments, but Boyet recognizes the distinction existing in the law between the two and promises on arrival of the packet, the sight of a sealed instrument acknowledging receipt of the debt. Sec. 74. Apparitors-Duties of. "Biron. pieces, Dread prince of plackets, king of cod Sole imperator and great general Of trotting paritors."3 Cupid is here likened to the general of a body of apparitors, whose movements and actions he governs, as he does those of other mortals. An apparitor was an officer 1 Bacon's Abr. Obligation, A. 22 Coke, 5a; Perkins, 129. Bassanio acknowledges his obligation to Portia, for the acquittance given from the Jew, in the following verse: "Most worthy gentleman, I and my friend, Have by your wisdom been this day acquitted, Of grievous penalties; in lieu whereof, Three thousand ducats due unto the Jew, We freely cope your courteous pains withal." (Merchant of Venice, Act IV, Scene I.) In Taming of the Shrew (Act II, Scene I), Petruchio is made to say: "Let specialties be therefore drawn between us, That covenants may be kept, on either hand." A Lord, in Timon of Athens, speaking of his generosity, said: "2 Lord. no gift to him, but breeds the giver a return exceeding all use of quittance." (Act I, Scene I.) And the King tells Laertes, in Hamlet: "Now must your conscience my acquittance seal, And you must put me in your heart for friend." (Act IV, Scene VII.) 3 Love's Labour's Lost, Act III, Scene I. |