Further on, in the same play, Rosalind said to Biron: A twelvemonth shall you spend, and never rest, But seek the weary beds of people sick." (Act V, Scene II.) Replying to the accusation of Bagot, the Duke of Aumerle said: "Aum. What answer shall I make to this base man? Shall I so much dishonor my fair stars, With the attainder of his slanderous lips." (King Richard II, Act IV, Scene I.) Referring to the father of Richard Plantagenet, Somerset asks him, in 1' Henry VI: "Som. . . . by his treason stand'st thou not attainted, Corrupted and exempt from ancient gentry?" And Plantagenet replies: "Plan... My father was attached, not attainted; condemn'd to die for treason, but no traitor." (Act II, Scene IV.) Somerset flouts the alleged treason of his father in the face of Richard Plantagenet, in 1' Henry VI, as follows: "Som. His trespass yet lives guilty in thy blood, And, still thou be restor'd thou art a yeoman." (Act II, Scene IV.) Mortimer, referring to Richard Plantagenet's attainder, in 1' Henry VI, said: "And even since then hath Richard been obscur'd, Deprived of honour and inheritance." (Act II, Scene V.) In remitting the attainder of Richard Plantagenet, Henry VI said: "K. Hen. . . Therefore, my loving lords, our pleasure is, That Richard be restored to his blood." (Act III, Scene I.) King Henry tells Suffolk, in 1' Henry VI: “K. Hen. . . My tender youth was never yet attaint, With any passion of inflaming love." (Act V, Scene V.) In 2' Henry VI, Hume is made to say of the Duchess of Gloster: "Hume. Hume's knavery will be the duchess' wreck; And her attainture will be Hume's fall." (Act I, Scene II.) The vicious Queen Margaret is made to say to the duke of Gloster, on the arrest of his wife: "Q. Mar. Gloster, see here the tainture of thy nest; And look, thyself be faultless, thou wert best." (2' Henry VI, Act II, Scene I.) The duke of Gloster said to his unfortunate wife, in 2' Henry VI: "Glo. . . Ah, Nell, forbear; thou aimest all awry; I must offend, before I be attainted." (Act II, Scene IV.) Sec. 63. Taken with the manner. "Cost. The matter is to me sir, as concerning Jaquenatta. The manner of it is, I was taken with the manner."1 These lines refer to an arrest upon "hue and cry," when the thief is found with the stolen property on his person. Of this term Halliwell quotes from Termes de la Ley: "Maynour is when a thief has stolen and is followed with Hue and Cry, and taken, having that upon him, which he stole, and it is called Maynour. And so we used to say, when we find one doing of an unlawful act, that we took him with the Maynour, or Manner."2 The Scrivener, in presenting the indictment, after Hasting's death, in King Richard III, is made to say: "Scriv. And yet within these five hours, Hastings liv'd, Untainted, unexamined, free, at liberty." (Act III, Scene VI.) Dissembling, on seeing Lord Hasting's head, Richard II said, in King Richard III': "Glo. So smooth he daub'd his vice, with show of virtue, That, his apparent open guilt omitted-I mean his conversation with Shore's wife-He lived from all attainder of suspect." (Act III, Scene V.) Speaking of the Cardinal's act in the trial of Buckingham, for treason, a gentleman is made to say: "Gent. "Tis likely, by all conjectures; First, Kildare's attainder, then deputy of Ireland." (Act II, Scene I.) Alexander tells Cressida, in Troilus and Cressida, speaking of Troilus: "Alex. . . there is no man hath a virtue that he hath not a glimpse of; nor any man an attaint, but he carries some stain of it." (Act I, Scene II.) Addressing his friend, in the LXXXVIII' Sonnet, the Poet said: "Upon thy part I can set down a story Of faults conceal'd, wherein I am attainted." (6, 7.) 1 Love's Labour's Lost, Act I, Scene I. See Tomlin's Law Dictionary; Bouvier's Law Dictionary. For an interesting case, where a thief was taken with the Manour, see Year Book 30 and 31 Edw. 1 (Hor. Ed. 1863), p. 512, where a woman had committed burglary and larceny and was taken with the "mainour" and was brought before the justices, with the "mainour." Sec. 64. "In manner and form." "Cost. In manner and form following, sir; all those three: I was seen with her in the manor house, sitting with her upon the form and taken following her into the park; which, put together is, in manner and form following."1 These terms are used not only in indictments, in setting out the charging part of the offense committed, at common law, but also in other formal legal documents. The play upon the formal words, in this instance, is by the use of another legal term, "manor house." In the English law, "Manor" signified a tract of land originally granted by the King to a person of rank,2 part of which (terrae tenementales), was given by the "lord of the manor," to his followers or vassals, and the rest was retained by him under the name of his demesnes, or terrae In Henry IV, (Act II, Scene IV) Prince Hal thus refers to Falstaff's having been taken with the manner: "P. Hen. O villain, thou stolest a cup of sack eighteen years ago and wert taken with the manner, and ever since thou hast blushed extempore." Manner, is no doubt from the French word manier, and when used as it is in this verse means about the same that the words imply to arrest a thief and find the stolen goods on his person. "Taken with the manner," means that he was arrested with the goods upon his person and as "recent possession of stolen property" raises a strong implication, in law, of the guilt of the person in whose possession the stolen property is found, so to be "taken with the manner" would be presumptive evidence of the guilt of Falstaff in the instance referred to. Commenting upon the right of arrest of those criminals who were taken in the act, Lord Coke said: "being taken with the manner, that is, with the thing stolen in his hand, which Bracton and Britton call factum manifestum (Bracton lib. 111, fol. 12; Britton, fol. 22), and so felons, openly known and notorious, they were not bailable." (2 Inst. 189.) And see II Reeve's History Eng. Law, p. 418. 'Love's Labour's Lost, Act I, Scene I. 'Coke, Litt. 58, 108; 2 Rolle, Abr. 121. dominicales. The whole fee was called a lordship, or barony, and the court appendant to the "manor house" was called the court-baron.1 No new "manors" were created in England after the enactment of the statute Quia Emptores, prohibiting subinfeudation.2 Sec. 65. Venue and offense charged.— "King (Reads). The time when? About the sixth hour; when beasts most graze, birds best peck, and men sit down to that nourishment, which is called supper. So much for the time when. Now for the ground which; which, I mean, 1 walked upon; it is yeleped thy park. Then for the place where; where, I mean, I did encounter that obscene and most preposterous event, that draweth from my snow-white pen the ebon-coloured ink, which here thou viewest beholdest, surveyest or seest; but to the place where; It standeth north-north-east and by east from the west corner of thy curious knotted garden; there did I see that low spirited swain, that base minnow of thy mirth, sorted and consorted, contrary to thy established proclaimed edict and continental cannon, etc."3 This letter follows, in a satirical and ridiculous way, the charging part of a common law indictment, in setting forth the venue and the place where the offense was committed and winds up, by charging the offense contrary to the form of the "established proclaimed edict," like an indictment ended, in charging the commission of the offense "contrary to the form of the statute," etc. At common law, in setting forth an offense, some certain place 2 1 Bouvier's Law Dictionary. This statute was passed in 1290. Tiedeman, R. P. (3 Ed.), Sec. 23; 1 Washburn, R. P. 30. Love's Labour's Lost, Act I, Scene I. These legal terms were used as terms of art, at common law, for which none others were found to so fully fill the same office, in charging offenses known to the law. 4 Bl. Comm. 301; 1 Chitty, Cr. Law, 230; Hawkins, Pl. Cr. b, 2, c, 25, Sec. 57. had to be alleged as the place of occurrence of each traversable fact. The place was set forth with great detail, as in this form used by the Poet, or by use of similar legal phrases, to designate the place, after which the offense was charged, as here, it is stated that he "sorted and consorted," which is also charged to have been "contrary to thy established proclaimed edict and continental cannon," meaning that it was "contrary to the form of the statute," as the offense would be charged at common law.2 Sec. 66.-Inheritance, Dowry. "Boyet. Now, madam, summon up your dearest spirits; Consider who the king, your father, sends; To whom he sends; and what's his embassey; Of all perfections that a man may owe, 173 Boyet here impresses the Princess with the importance of her embassy, by complimenting her own prowess and prerogatives and by emphasizing the no less royal importance of the King of Navarre, to whom the public message from her father's court, is borne. Then by way of further suggestion of the importance of the mission, it is reminded that the title of Aquittain is involved, which is, in itself, a "dowry for a queen." An inheritance, is a perpetuity in land to a man and his heirs, or the right to succeed to the estate of a person who dies intestate." Navarre is spoken of as the "inheritor" of "the perfections that a man may owe," meaning that he inherited these perfections, which were transmitted to him, by his father. "Dowry" was the wedding portion which a bride brought |