"Glo. store, No. Many a pound of mine own proper Because I would not tax the needy commons, A tax is a contribution, imposed by the government, upon the individual citizen of a country, for the service of the state.2 The commons, were those subjects of the English nation who were not noblemen.3 Restitution is a legal term, meaning the return of property or money to one lawfully entitled thereto.* Gloster denies that he levied unusual assessments against the subjects, but claims that he waived the taxes due for the wars and made advancements from his own store, to relieve the commons, without asking that it be returned to him. Sec. 291. Bearing false witness.-Perjury. "Glo. me, I shall not want false witness to condemn Nor store of treasons to augment my guilt: A witness is one who testifies under oath to that which he knows to be true. A false witness, of course, would In Venus and Adonis, it is said: "And therefore hath she bribed the Destinies, To cross the curious workmanship of nature." (733, 734.) 12' Henry VI, Act III, Scene I. 21 Bl. Comm. 308; 1 Kent's Comm. 254. Bouvier's Law Dictionary. 4 Ante idem. King Henry VIII asks Cardinal Wolsey: “K. Hen. Taxation? Wherein? and what taxation?-My lord cardinal, you that are blam'd for it alike with us, know you of this taxation." (Act I, Scene II.) 52' Henry VI, Act III, Scene I. Bacon, Abr. Evidence; 1 Greenleaf, Evid., secs. 98, 328. be one testifying to facts not known to be true, or to those that were false. Gloster knows the prejudice obtaining against him and advises his accusers that he knows they will invent charges to accomplish his overthrow and establish his guilt by false witnesses. Sec. 292. Executioner. "Car. deed, Say, you consent, and censure well the And I'll provide his executioner, I tender so the safety of my liege."1 2 Executioner, in law, is the one who puts criminals to death, according to their sentence. A hangman, in the United States, is such a person. The Cardinal, upon the excuse of his solicitation for the King, agrees to provide Gloster's "executioner," if the Queen and Suffolk consent and think well of the act. Sec. 293. Land held in common. "Cade. I will make it felony to drink small beer: all the realm shall be in common, and in Cheapside shall my palfry go to grass.' 113 dering innocents be executing, Why, then thou art an tioner." (Act V, Scene VI.) execu Lady Anne tells Richard, in King Richard III: "Anne. Arise, dissembler; though I wish thy death, I will not be thy executioner." (Act I, Scene II.) On the approach of the murderers of Clarence, in King Richard III, he is made to say: "Glo. But soft, here come my executioners." (Act I, Scene III.) 32' Henry VI, Act IV, Scene II. Land held in common, is that held by several people by several and distinct titles, and not by joint deed, but whose occupancy of the land is in common, the only unity recognized between them being that of possession.1 Tenants in common have a right to share in the profits of the estate, according to the extent of their several interests and all are jointly entitled to the possession of the land so held." Cade's promise to hold the realm in common, was of course presented for the purpose of securing followers and like other socialistic propagandas, was contrary to established laws. Sec. 294. Sales of meat during Lent."Cade. They fell before thee like sheep and oxen, and thou behavest thyself as if thou hadst been in thine own slaughter-house; therefore thus will I reward thee: the Lent shall be as long again as it is, and thou shalt have a license to kill for a hundred lacking one."3 These lines no doubt refer to the statutes enacted during the reign of Queen Elizabeth, by the terms of which butchers were forbidden under penalty of the statute, to sell meat, during Lent. It was provided, however, that as an exception to the imposition of these terms, a license might issue for the killing and sale of a certain number of beasts, nominally for the sake of those so disabled by sickness that they could not do without it." This is the meaning Cade gives the statute, as he con 1 Bacon, Abr., Tenants in Common; Coke, Litt. 184b; 2 Bl. Comm. 179, 191; 4 Kent's Comm. 358. 2 Tiedeman, R. P. (3d ed.), secs. 178, 179. Cade elsewhere assures his followers: "Cade. And henceforward all things shall be in common." (2' Henry VI, Act IV, Scene VII.) 2' Henry VI, Act IV, Scene IV. V Reeve's History Eng. Law. Rolfe's 2' Henry VI, p. 219, notes. strues it, in favor of Dick the butcher, and his followers, for he will, in their special interest, double the period of his disability, but set at naught the impositions of the law and give him and them free reign to kill as they please. Sec. 295. Source of law-Biting statutes. "Dick. Only, that the laws of England may come out of your mouth. Cade. I have thought upon it, it shall be so. Away, burn all the records of the realm; my mouth shall be the parliament of England. John. Then we are like to have biting statutes, unless his teeth be pulled out."1 As law is but a rule of conduct prescribed by the supreme power, in England, when the monarchy was absolute in form, the king's mouth was the source of law, hence Cade's promise is not so far from the legal right he would have, if he were the absolute monarch of the realm, to make laws at his pleasure. He would burn all the records of the realm and his will be substituted for the acts and regulations of parliament, the law making body, under the form of government then obtaining. Sec. 296. Jurisdiction regal."Cade. Well, he shall be beheaded for it ten times.-Ah, thou say, thou serge, nay, thou buckram lord: now art thou within point-blank of our jurisdiction regal.' Considering the relish of Englishmen for meat, it is great wonder that the Queen had any but sick and disabled citizens, during the Lenten season in view of this enforcement of the statute referred to. 12' Henry VI, Act IV, Scene VII. 21 Stephen, Comm. 24, 25. Ay, King Edward tells Clarence, in 3' Henry VI: "K. Edw. what of that? It was my will and grant; And, for this once, my will shall stand for law." (Act IV, Scene I.) 2' Henry VI, Act IV, Scene VII. Jurisdiction is the power to hear and determine a cause.1 Jurisdiction attaches over the person and over the subjectmatter of an offense and the court undertaking to determine a cause, must generally be vested with jurisdiction of both kinds. And territorial jurisdiction is the power to determine a given cause, within the territory wherein. it is to be decided or tried.2 Cade gloats over Lord Say, in these lines, and boasts that he has power both over the subject-matter of his offense by the law of the sovereignty in which his tribunal is held, and also jurisdiction over his person, as he is within the power of the court, or, as the Poet puts it: "now art thou within point-blank of our jurisdiction regal." Sec. 297. Benefit of clergy. "Cade. Thou hast most traitorously corrupted the youth of the realm, in erecting a grammarschool: and, whereas, before, our forefathers had no other books but the score and the tally, thou hast caused printing to be used; and, contrary to the king, his crown and dignity, thou hast built a paper mill. It will be proved to thy face, that thou hast men about thee that usually talk of a noun and verb; and such abominibal words as no Christian ear can endure. to hear. Thou hast appointed justices of the peace, to call poor men before them about matters that they were not able to answer. Moreover, thou hast put them in prison, and because they could not read, thou hast hanged them; when, indeed, only for that cause, they have been most worthy to live."3 These lines contain a direct reference to the "benefit of clergy," which was an exemption recognized by the English law, in favor of the culprit demanding it, of the death penalty imposed by the law, for the commission of 1 Bacon, Abr., Courts; Thach. Cr. Cas. 202; 6 McLean, C. C. 355. 2 Bouvier's Law Dictionary. 32' Henry VI, Act IV, Scene VII. |