CHAPTER XVIII. "FIRST PART OF KING HENRY THE FOURTH.” Sec. 217. King's right to prisoners, under military Law. 218. "The Law's Delay." Sec. 217. King's right to prisoners, under military law.— Of this young Percy's pride? the prisoners I shall have none but Mordake earl of Fife." This has reference to the right of the King, by virtue of his prerogative, to the prisoners taken in battle by his forces. "According to Tollet, Hotspur had a right to all the prisoners, except the earl of Fife. By the law of arms, a man who had taken any captive, whose ransom did not exceed ten thousand crowns, had the control of him. The earl of Fife, being a prince of the blood royal, (the Duke of Albany, his father, was brother to King Robert III) could be claimed by Henry, by his acknowledged military prerogative."2 11' Henry IV, Act I, Scene I. 'Rolfe's First part of King Henry IV, p. 164, notes. Sec. 218. "The law's delay."— "Fal. Well, Hal, well; and in some sort it jumps with my humour, as well as waiting in the court, I can tell you. P. Hen. For obtaining of suits? Fal. Yea, for obtaining of suits: whereof the hangman hath no lean wardrobe."1 In the present day, when people are so much concerned about the "law's delay," it is interesting in the extreme to see that Shakespeare also noted this defect in the judicial system of England, in his day. Then, as now, to command the respect of the people it was true that the law should be not only impartially and honestly enforced, but that justice should be likewise speedy in its results. Respect for the law and a complete reliance thereon, for the protection of the personal and property rights of the citizen is essential in every government and the power and majesty of the law should be instilled into the minds of the youth of all civilized states, as a cardinal principal of government. But while this is indisputable, it is none the less true that to commend itself to the people, not only the law, but its administration must be enforced in a manner to commend it to the people and unless this is done, there is grave danger of a widespread distrust of the remedies provided for the enforcement of the rights of citizens. As a usual thing there is no discussion or agitation without a just cause, and the present and long continued discussion of the subject of the "law's delay" would seem to merit due attention by the framers of constitutions and the architects of the judicial departments of States, lest the dangers from such continued agitation bring about worse results than an amendment of the remedial procedure, used to enforce the laws, will justify. '1' Henry IV, Act I, Scene II. 2 See Article "The Law's Delay," by Hon. Frank B. Kellogg, published in "Comment," a legal publication, p. 126, for October, 1909. Sec. 219. "Peaching" on accomplices. "Fal. Go, hang thyself in thy own heir-apparent garters: If I be ta'en I'll peach for this."1 In Hamlet, also, Shakespeare names the "Law's delay" as one of the ills of life rather to be borne "than fly to others we know not of." "Hamlet. For who would bear the whips and scorns of time, (Hamlet, Act III, Scene I.) Thus, the "law's delay" was one of the social evils recognized in the time of Shakespeare. King Henry thus tells Exeter, in 3' Henry VI: "K. Hen. I have not stopp'd mine ears to their demands, Nor posted off their suits with slow delays." (Act IV, Scene VIII.) Complaining of the delay in securing his divorce, from Katherine, King Henry VIII, said: “K. Hen. These cardinals trifle with me: I abhor the dilatory sloth, and tricks of Rome." (Act II, Scene IV.) Cardinal Campeius, in King Henry VIII, urged speedy trial and argument of the divorce suit, between Henry and Catherine, as follows: "Cam. And that, without delay, their arguments, Be now produc'd and heard." (Act II, Scene IV.) Speaking of the delayed justice of the Gods, in Antony and Cleopatra, Menecrates is made to say, to Pompey: "Mene. Know, worthy Pompey, That what they do delay, they not deny. Pom. Whiles we are suitors to their throne, decays The thing we sue for." (Act II, Scene I.) In King Lear, Albany speaks of the "nether crimes," that can "so speedily" be venged. (Act IV, Scene II.) The King, in Hamlet, speaks of the law's delays as follows: "We should do when we would; for this would changes, And hath abatements and delays as many, As there are tongues, are hands are accidents." '1' Henry IV, Act II, Scene II. (Act IV, Scene VII.) "Peaching" is the common term applied, at criminal law, to the act of turning informer against one's accomplices, or co-conspirators, in the commission of a crime, to free the one giving the evidence from the punishment for the crime committed. The same act is ofttimes spoken of as "turning state's evidence," whereby is meant that the criminal who divulges the evidence to the State, does so, in consideration of his acquittal, thus enabling the State to convict his accomplices, or associates in crime. Sec. 220. Righting grandjurors.— "Fal. Hang ye, gorbellied knaves, are ye undone? No, ye fat chuffs; I would your store were here: On, bacons, on: What, ye knaves: young men must live. You are grandjurors, are ye? we'll jure ye, i'faith."2 A grandjuror, in the time of Elizabeth, had to be possessed of a freehold estate, of the yearly value of four pounds and Falstaff's calling the travelers by this name is a recognition that he considered them men qualified to sit upon the grand-jury and indict him and his associates for the offense they were committing. Jurors are those citizens selected to enforce the "rights" of litigants in courts, and grand-jurors are those men selected by the English courts, to take cognizance of the higher crimes and prefer indictments charging the offenders therewith in open court." "Jure" is the Latin word for "right," and Falstaff's play upon the word, meaning that he'd The above line is the illustration, used by Mr. Webster, by way of illustration of the meaning of the term defined in his dictionary. 'Doctor Rolfe thinks he intentionally misunderstood the travelers when they said "we are undone, we and ours forever," but this is not apparently borne out by the language or context of the reply by Falstaff. (Rolfe's 1' part of King Henry IV, p. 191.) 5 Thompson, Trials. "right" the travelers, by robbing them, is a declaration that their functions as such court officers, could not be performed around him. Sec. 221. Audi alteram partem.— "P. Hen. Mark now, how plain a tale shall put you down." To those accustomed by experience and discipline to a patient examination of both sides of a controversy, before reaching a conclusion, the above line, suggests the maxim -audi alteram partem-hear the other side, for the story of the robbery, as detailed by Falstaff, had two sides, and the version as given by Sir John could not stand alongside that of the Prince. This line suggests the natural bent of the lawyer's mind, for, as observed by Ram, on Facts: "A tendency to suspend his judgment on hearing one side only of a case, can scarcely fail to be the result of an advocate's practice. On any question, in any transaction of life, in which there may be opposite sides taken, he, having heard one side only, is sure to enquire what can be said on the other; it instantly occurs to him to say audi alteram partem.” Sec. 222. Term of apprentice. "P. Hen. How long hast thou to serve Francis? Fran. Forsooth, five year, and as much as to P. Hen. Five years: by'r lady, a long lease for the clinking of pewter. But, Francis, darest thou be so valiant as to play the coward with thy indenture, and to show it a fair pair of heels, and run from it?"s That the above colloquy has reference to the common law contract of apprenticeship, there can be no doubt. By '1' Henry IV, Act II, Scene IV. "Ram, on Facts, (Am. Ed.) p. 270. '1' Henry IV, Act II, Scene IV. |