A "jointure," in the broader sense, is a joint estate limited to both husband and wife.1 At common law, a jointure was said to require a competent livelihood of freehold, for the wife, in lands or tenements, to take effect, in profits, or possession, after the death of the husband.2 It was essential that the estate be limited to the wife herself; that it be in satisfaction of the wife's dower and that it should be made before marriage. If so created, the jointure would bar a claim for dower, in the lands of the husband, if this estate was claimed, but otherwise not.* A bridegroom, presenting a house, by way of jointure, to his wife, before marriage, would create such an estate in her by way of "jointure," if the gift was so conditioned, hence the application of the term is proper, in the way it is used. Sec. 114. Acts by Attorneys. "Orl. Then, in mine own person, I die. Ros. No faith, die by attorney. The poor world is almost six thousand years old and in all this time 12 Bl. Comm. 137; Tiedeman, R. P. (3d Ed.) 117. 2 Cruise Dig. tit. 7; 2 Bl. Comm. 137. 3 2 Bl. Comm. 137. Tiedeman, R. P. (3d Ed.) 117. In bidding for the hand of Bianca, in Taming of the Shrew, Tranio is made to say: "Tra. I'll leave her houses, three or four as good, Within rich Pisa's walls, as any one, Óld signior Gremio has in Padua; Besides, two thousand ducats by the year, Of fruitful land, all which shall be her jointure." (Act II, Scene I.) Lewis, of France, thus replies to Warwick, in 3' Henry VI: "K. Lew. And now, forthwith, shall articles be drawn, Touching the jointure that your king shall make." (Act III, Scene III.) On the reconciliation, in Romeo and Juliet, Capulet is made to say, to Montague: "Cap. O, brother Montague, give me thy hand: This is my daughter's jointure, for no more (Act V, Scene III.) there was not one man died in his own person, videlicet, in a love cause." The use of the term "Attorney" here is in the sense of one appointed by another to perform some act for him, as distinguished from an attorney at law, who, as an officer of a court of justice, is retained to perform some service in connection with a pending cause before the court. An attorney in fact is one who acts under a special appointment for the commission of some certain act, or the performance of general acts in some particular business. The play upon the word is in the legal sense only, for instead of dying in his "own person," the request is that he die by "attorney." Acts by attorney, are very properly distinguishable from those in one's own person and while the effect in law, is the same and the principal is liable for the acts of his attorney, duly authorized, the same as if personally performed, this, of course, could not be true of such an act as that mentioned for to die, by an attorney, would be not to die in person. Sec. 115. Examining Justice. "Ros. Well, time is the old justice that examines all such offenders and let time try." The comparison of an examining magistrate to Time, that tries all offenders, is, in accordance with the uni 1 As You Like It, Act IV, Scene I. 2 Bacon, Abr. Attorney; Story, Agency Sec. 25. Speaking of his offices in wooing Margaret for his sovereign, Suffolk said, in 1' Henry VI: "Suff. . . And yet, methinks, I could be well content, To be mine own attorney in this case." (Act V, Scene III.) Suffolk urges the King, in favor of Margaret, in 1' Henry VI: "Suff. Marriage is a matter of more worth, Than to be dealt with by attorneyship." (Act V, Scene V.) As You Like It, Act IV, Scene I. versal law of compensation, which rewards or punishes all offenders of the law, an apt comparison. Time, in the law, often furnishes legal presumptions, for or against a criminal, according to the facts and circumstances surrounding the crime, which makes the similitude the more complete.1 Sec. 116. CHAPTER XI. "ALL'S WELL THAT ENDS WELL." Wards-Heirs of fortune under King as. 117. Giving testimony against one-Impeachment. Sec. 116. Wards-Heirs of fortune under King as."Bertram. And I in going, madam, weep o'er my father's death anew; but I must attend his majesty's command, to whom I am now in ward, evermore in subjection." 2 A ward, in law, is one who is under the guardianship and subject to the care and control of his guardian, until he is emancipated by the law, or becomes of age. In England, the heirs of large fortunes were held to be the King's wards. This was an incident of the old feudal system, by virtue of which the lord of the manor had the care of his tenants' person during his minority, for, in legal contemplation, all citizens owning real estate are but tenants of the crown. 1 All's Well That Ends Well, Act I, Scene I. 2 Bouvier's Law Dictionary. Tiedeman, R. P. Chap. 1 (3d ed.). This custom of wardship did not obtain in France, but Shakespeare gives the manners and customs and laws of England to all other countries, then he follows the original story, in holding that the King had the right to select a wife for Bertram. Rolfe's "All's Well That Ends Well," p. 151, notes. Sec. 117. Giving testimony against one-Impeachment.— 1 One is said to be impeached, or "appeached," when one's guilt is disclosed by facts or testimony, at variance with the evidence of the party testifying in a court of justice. One who "turns state's evidence" against his co-criminal, is hence said to "'peach" upon his confederate in crime, and when evidence is introduced to break down the character or testimony of a witness, he is said to be impeached or his evidence broken down.3 The Countess compares the passions or love of Helena to a witness who has impeached the affection of her heart, hence urges that no further dissembling will avail her. "King. Here is my hand; the premises observ'd, 774 Thy will, by my performance shall be serv'd." "Premises" is here used in the sense of that which has already been put, or according to statements previously made, rather than with the meaning given to such term, in conveyances. In other words, the King, proposes, on the compliance with the conditions prescribed, that he will perform such acts as the one addressed shall will. 1 All's Well That Ends Well, Act I, Scene III. 2 Greenleaf, Evid, (14 ed.). 3 Halliwell-Phillips quotes Palsgrave: "I apeche, I accuse, j'accuse; kursed be the preest of God, that dyd apeche me wrongfully and without deservyng." Rolfe's All's Well That Ends Well, 169, notes. All's Well That Ends Well, Act II, Scene II. This term is no doubt taken from the Latin prae, before and mittere, to put. Bouvier's Law Dictionary. |