The costume of a pursuivant of the king was a surcoat, embroidered with the royal arms, and worn with one sleeve hanging down in front, and another behind the back, but of more recent years the costume of such officers is like that of a herald. Sec. 280. Bondman.— "Suff. realm, And all the peers and nobles of the Have been as bondmen to thy sovereignty." Bondman is a term which has not obtained a strictly juridical use, distinct from the vernacular, but it is generally used to indicate one compelled to render personal servitude and it is not to be used in the same sense as the word slave. A slave is an object of property and is possessed and owned as a chattel or thing, while a bondman, although standing in such relation to the party entitled to his services, possesses otherwise, such legal rights as any There are four pursuivants belonging to the English College of Arms: Rouge Croix, the oldest, so named from the cross of St. George; Blue Mantle, instituted either by Edward III, or Henry V, and named from the color of the Order of the Garter; Rouge Dragon, named from Henry VII's dexter supporter, a red dragon, and Portcullis, named from a badge of the same king. A Pursuivant and Lord Hastings, have the following colloquy, in King Richard III: "Hast. Gramercy, fellow: There, drink that for me. (Throwing him his purse.) Purs. I thank your honour." (Act III, Scene II.) King Richard bids Ratcliff, in Richard III: "K. Rich. Send out a pursuivant at arms to Stanley's regiment." (Act V, Scene III.) Doctor Butts said, in King Henry VIII, speaking of the treatment accorded Cranmer, by the peers, before his trial: "Butts. There, my lord, The high promotion of his grace, of Canterbury; Who holds his state at door 'mongst pursuivants, pages, and footboys." (Act V, Scene II.) 12' Henry VI, Act I, Scene III. individual may possess, in law and he does not occupy a mere property status.' The Hebrews, for instance, held the people of other nations as slaves, possessing the attitude of mere property; but those of their own nation, under the obligation to serve, were rather held as bondmen, possessing certain legal rights, as persons, not as property.2 This was rather the legal attitude of the villeins, under the serfdom which existed in feudal times, and regardless of the nature of his service, the villein, under English law, was a legal person, capable of legal rights. The terms is here used, to indicate persons in one degree above mere slaves, or serfs, but compelled to render service as the sovereign might demand, or, in this respect, to occupy the attitude of "bondmen." Sec. 281. Open to the law. "Glo. As for your spiteful false objections, Prove them and I lie open to the law." Gloster here demands a trial and admits, that, upon the proof of the several offenses charged against him, he would be amenable to the law. In other words, he asks to put his accusers to their proof and demands the evidence of his guilt, admitting that if the things charged against him, shall be established, he has violated the law and is amenable for his offenses. The objections or charges are not admitted, but are claimed to be "spiteful false objections," but if true, then the speaker admits, "I lie open to the law." 11 Hurd, Law of Freedom and Bondage, chs. 4, 5. 2 Cobb's Hist. Sketch, Ch. 1. 1 Hurd's Law of Freedom & Bondage, chs. 4, 5. Casca said in Julius Cæsar: "Casa. So every bondman in his own hand bears the power to cancel his captivity." (Act I, Scene II.) 2' Henry VI, Act I, Scene III. Sec. 282. "Rigour of the law." "York. I do beseech your majesty, Rigour is here used in the sense of exactness, strictness, severity or inflexibility. In other words, York demands of the King that the law, in all its strictness shall be enforced, without compassion or indulgence. He demands that the King shall be firm and rigid in the enforcement of the law; that no mercy be shown, but that the most rugged sternness, or relentless severity shall be employed in the enforcement of the law." Sec. 283. To apprehend in the fact. "Buck. rout, The ringleader and head of all this Have practic'd dangerously against your state, Dealing with witches and with conjurors; Whom we have apprehended in the fact." To be "apprehended in the fact," is to be arrested on a criminal charge, while in the commission of the crime.* Apprehend is used in speaking of arrests on criminal charges, while arrest is used in speaking of civil offenses, not criminal in nature. In other words, one may make an arrest on civil process, while one can only be apprehended on a criminal warrant, so the correct legal term is used by the Poet. Factum, is a culpable or criminal act, 2 The same term is used, in a different meaning, by the good queen Hermione, at her trial, when she asks not mere sternness or severity and says: "If I shall be condemn'd Upon surmises, . . . I tell you, 'Tis rigour and not law." (Winter's Tale, Act III, Scene II.) 2' Henry VI, Act II, Scene I. 4 Bouvier's Law Dictionary. Bacon's Abr.; Bouvier's Law Dictionary. or one not lawful in itself, so to be apprehended, in the fact, is to be taken "red handed," or while in the commission of the crime. Buckingham caught the Duchess of Gloster, in the presence of the witches and while enquiring about the several treasonable matters charged and thus, she was taken or "apprehended in the fact.” Sec. 284. York's title to the crown of England.— "York. sons; Edward the Third, my lords, had seven The first, Edward the Black Prince, prince of Wales; 12 Bl. Comm. 293, 295. Paris attempts to apprehend Romeo, who is entering the tomb of the Capulets, in Romeo and Juliet, as follows: "Par. Stop thy unhallow'd toil, vile Montague; Obey and go with me; for thou must die.' Apprehend, in its strictest sense, applies to taking one into custody, in a criminal case. An arrest could be made, at com. mon law, by a private person, for a crime committed in his presence, and especially as here, where he was taken in the act. Paris apprehends Romeo, in the act of breaking the enclosure to the Capulet tomb; he demands that he stop his "unhallow'd toil;" Romeo has also been adjudged guilty of Tybalt's murder and banished, not to return, on pain of death, so Paris, as he had a legal right to do, arrests him, and assures him he must now pay the penalty of violating the Prince's judgment, when he was banish'd. (Act V, Scene III.) See Bouvier's Law Dictionary. Brabantio, in Othello, gives the following direction: "Some one way, some another.-Do you know where we may apprehend her and the Moor?" (Act I, Scene I.) And when he comes up with Othello, he addresses him as follows: "Bra. I therefore apprehend and do attach thee," etc. (Act I, Scene II.) The sixth, was Thomas Woodstock, duke of Gloster; William of Windsor was the seventh, and last. Edward, the Black Prince, died before his father; And left behind him, Richard, his only son, Who, after Edward the Third's death, reign'd as king; Till Henry Bolingbroke, duke of Lancaster, The eldest son and heir of John of Gaunt, Crown'd by the name of Henry the Fourth, Seiz'd on the realm; depos'd the rightful king; Sent his poor queen to France, from whence she came, And him to Pomfret; where, as all you know, Harmless Richard was murder'd traitorously. War. Father, the duke hath told the truth; Thus got the house of Lancaster the crown. York. Which now they hold by force and not by right; For Richard, the first son's heir, being dead, The issue of the next son should have reign'd. Sal. But William of Hatfield died without an heir. York. The third son, duke of Clarence (from whose line I claim the crown,) had issue-Phillippe, a daughter, Who married Edmund Mortimer, earl of March: Edmund had issue-Roger, earl of March: Roger had issue-Edmund, Anne, and Eleanor. Sal. This Edmund, in the reign of Bolingbroke, As I have read, laid claim unto the crown; And, but for Owen Glendower, had been king, Who kept him in captivity till he died. But, to the rest. York. His eldest sister, Anne, My mother, being heir unto the crown, Married Richard earl of Cambridge; who was son To Edmund Langley, Edward the Third's fifth son. To Roger, earl of March; who was the son, Succeed before the younger, I am king. War. What plain proceedings are more plain than this? 12' Henry VI, Act II, Scene II. |