Sec. 36. Breach of promise.

"Duke. For this newly married man, approaching here, Whose salt imagination yet hath wronged

Your well defended honor, you must pardon, for
Mariana's sake;

But as he adjudged your brother (being criminal in
double violation, of sacred chastity and of promise
breach),

Thereon dependant for your brother's life."1

Claudio had been guilty of not only a breach of promise which would have given, at common law, a civil action-but also of seduction, as well, under promise of marriage, as adjudged by Angelo. The "violation of sacred chastity" is nothing more nor less than the common law offense of seduction, which was defined as "the act of a man in inducing a woman to commit unlawful

“Suff. And, were't not madness, then,

To make the fox surveyor of the fold?
Who being accus'd a crafty murderer,
His guilt should be but idly posted over,
Because his purpose is not executed."

(Act III, Scene I.) Illustrating the criminal intent of the deliberate murderer, the Poet makes Richard III say, while contemplating the murder of his brother: "Glo... if I fail not, in my deep intent, Clarence hath not another day to live." (King Richard III, Act I, Scene I.)

The Poet asks the Painter, to tell Timon of Athens: "Poet. I must say him so too; tell him of an intent that's coming toward him." (Act V, Scene I.)

The King is made to say, in Hamlet, reflecting on his guilt, in the murder of his brother: "King. My stronger guilt

defeats my strong intent; And, like a man to double business bound, I stand in pause where I shall first begin, And both neglect." (Act III, Scene III.)

Tarquin is made to say, in The Rape of Lucrece:

"If Collatinus dream of my intent,

Will he not wake and in a desperate rage
Post hither, this vile purpose to prevent?"

1 Measure for Measure, Act V, Scene I.

(218, 220.)

sexual intercourse with him."1 An action for breach of promise is a suit for damages for the violation of a "contract mutually entered into by a man and woman that they will marry each other."2 While a breach of promise suit is always a civil suit for damages for violation of the contract of marriage, when such breach is accompanied by a seduction, the violator of the promise is subject to a criminal prosecution, in most countries, as for a violation of the criminal laws.3

Sec. 37. Punishment by marriage to prostitute.

"Duke.

city,

Proclaim it, provost, round about the

If any woman's wrong'd by this lewd fellow-
As I have heard him swear himself there's one
Whom he begot with child-let her appear,
And he shall marry her; the nuptial finish'd,
Let him be whipped and hang'd.

Lucio. I beseech your highness do not marry me to a whore. Your highness said, even now, I made you a duke; good my lord, do not recompense me in making me a cuckold.

Duke. Upon mine honor, thou shalt marry her.
Thy slanders I forgive and therewithal

Remit thy other forfeits.-Take him to prison
And see our pleasure herein executed.

Lucio. Marrying a punk, my lord, is pressing to death, whipping and hanging."

This is no doubt a reference to the old Italian law, in force during the lifetime of the Poet, by which the punishment assessed against a criminal of the nature of Lucio, by the compulsory marriage to a prostitute, would be assessed in lieu of other penalty for his crime. But the

3

1 Bouvier, Law Dict.

2 Strange, 937; Addison, Con. (4th ed.), 676.

This is made a crime by statutes in most of the United States, as it was in England. 1 Bishop, Cr. Proc. 1106.

4 Measure for Measure, Act V, Scene I.

Fabio. Gori's Archivio Storico, etc., (Spoleto Tip. Bassani), vol. III, pp. 220, 221; Rolfe's Measure for Measure, p. 219, notes.

Duke, in this instance does not assess this punishment, in lieu of the other penalty the law authorized, but after the marriage of Lucio, to the woman he had wronged, he also contemplated that this offender should be whipped and hanged. Lucio's reply to this judgment of the Duke, that this combined the punishment assessed against those criminals who refused to plead, by pressing them to death, known as peine forte et dure,1 elsewhere discussed,2 with the other punishments assessed, shows how much he abhorred the sentence of marrying a prostitute.

1 Fleta, lib. 1. c. 34, sec. 33; Brit. C. C. 4, 22.
'See King Richard II; Much Ado About Nothing.

48. Preliminary Examination for Burglary.

49. Trial by Manly Combat.

50.

Count-Extra-Judicial Confession on.

51. False Testimony.

..52. The Scales of Justice.

Sec. 38.

Endowment.

"Bene. I would not marry her, though she were endowed with all that Adam had left him before he transgressed."1

2

A person is said to be "endowed," when he or she has been provided for by a fixed or permanent support out of property or a certain fund or revenue. The term applies peculiarly to a settlement made for a wife, by which she is endowed with some pecuniary provision for her support. A dowry is a gift, or present for a bride, on espousal, and is sometimes confounded with dower, which is the gift of the husband's property that the law makes to a widow on his death for the support of the widow and her children.5 Benedict's statement is of course very extravagant that he would not marry Beatrice, if she possessed the whole world.

1 Much Ado About Nothing, Act II, Scene I.

2 Bouvier's Law Dict.

34 Kent's Comm. 65.

'Coke, Litt, 31.

2 Bl. Comm. 130; 4 Kent's Comm. 35.

Sec. 39. Breach of the peace.

"Leon. If he do fear God, he must necessarily keep peace; if he break the peace, he ought to enter into a quarrel with fear and trembling."

A breach of the peace is a violation of public order, commonly known as the offense of disturbing the peace. The remedy for such an offense is by indictment and the offender may be held to bail, for his good behavior.3

In All's Well That Ends Well (Act IV, Scene IV) Helena is made to say: "Hel. Doubt not, but Heaven hath brought me up to be your daughter's dower as it hath fated her to be my motive and helper to a husband." And in the same play, it is said: "King. If thou be'st yet a fresh uncropped flower, Choose thou thy husband and I'll pay thy dower." (Act V, Scene III.)

The Chorus, in Henry V, advises that "the king doth offer him Katharine his daughter; and with her, to dowry, some petty and unprofitable dukedoms.” (Act III, Scene I.)

In the agreement between Henry VI of England and Charles, King of France, for the marriage of the former with Margaret, it was provided that she should be "sent over of the king of England's own proper cost and charges without having dowry." (Act I, Scene I.)

And of this contract, York said: "I never read but England's kings have had large sums of gold, and dowries with their wives." (2' Henry VI, Act I, Scene I.)

Lady Grey thus replies to King Edward's suit, in 3' Henry VI: "L. Grey. Why, then, mine honesty shall be my dower; For by that loss I will not purchase them." (Act III, Scene II.)

King Richard III offers his hand to Queen Elizabeth for her daughter, his niece, as follows: "K. Rich. Even all I have; ay, and myself and all, Will I withal endow a child of thine." (Act IV, Scene IV.)

Timon asks the Old Athenian, as to his daughter for Lucillius, if he bring her proper dowry, in Timon of Athens: "Tim. How shall she be endow'd if she be mated with equal husband?" (Act I, Scene I.)

'Much Ado About Nothing, Act II, Scene III.

Bishop, Stat. Crimes, index.

This was called surety of the peace. 1 Bishop's Cr. Proc. 264.