Sec. 367. A kiss in fee-farm.

"Pan.

Alas, the day, how loath you are to offend day-light: and t'were dark, you'd close sooner So, so; rub on, and kiss the mistress. How now? a kiss in fee-farm? build there, carpenter, the air is sweet."1

Pandarus, on seeing the lovers kiss, asks if it is to be a kiss "in fee-farm," intending to enquire if there is to be no "fealty" or other obligations, on the part of the one kissed, meaning to place Cressida, as the tenant, rendering her rent to the lord paramount. "A fee-farm tenant" was one who held of another in fee, or in perpetuity at an annual rental, generally in kind, rendering only fealty and no other services being required, unless according to the enfoeffment, such were required. Pandarus advises the full enjoyment of the relation the lovers occupy and without let or hindrance proposes that this relation shall continue for life, or forever, by the token of the kiss.

Sec. 368. Execution of contract by parties "interchangeably".

"Pan. Words pay no debts, give her deeds: but she'll bereave you of the deeds too, if she call your activity in question. What billing again? Here's-In witness whereof the parties interchangeably-Come in, come in; I'll go get a fire."s

Pandarus here suggests the pre-contract of marriage which will serve Cressida for a marriage contract, in law, and actually closes the form of the contract with the formal words, used in law, at the end of such contracts, i. e., "In Witness whereof, the parties interchangeably," of the scrivenor, in the preparation of such contracts.

One making a pre-contract of marriage, was held incapable of afterwards entering into a similar contract

1 Troilus and Cressida, Act III, Scene II. 22 Bl. Comm. 43; Cowel, Spellman, Gloss. Troilus and Cressida, Act III, Scene II.

with another; provided it was made per verba de presenti, it was held to be, in fact, a marriage, with all the legal requirements.1

The closing part of such a contract, in recognition of the mutual binding effect of the covenants, as those existing interchangeably, or inter partes, simply recognizes what the law implies, of course, that the terms of the contract apply to more than one, or to both parties to the agreement alike, but the technical sense of the expression, by its long use and currency is so understood that it is rarely dispensed with, in agreements between two or more persons.2

Sec. 369. Right warring with right.

"Tro.

O virtuous fight,

When right with right wars, who shall be most right?"

In the contests for the enforcement of right, right is generally pitted against wrong, hence the anomaly of right contending with right, suggests the difficulty of making correct decision.

Of course if both parties were right, the fight would be a virtuous one, for virtue would dwell on both sides, hence the conclusion that it would be an open enquiry who would be "most right."

Sec. 370. Consanguinity.—

I will not, uncle: I have forgot my

I know no touch of consanguinity:

No kin, no love, no blood, no soul so near me,
As the sweet Troilus."

16 Bacon's Abr., 454, et seq.

25 Coke, 182; Lawson Contracts (3' ed.), 405.

Troilus and Cressida, Act III, Scene II.

Troilus and Cressida, Act IV, Scene II.

Cressida here denies the obligations of the relation among all the different persons descending from the same common stock or ancestor. Consanguinity is either collateral or lineal, and it is the latter kind, of which the Poet speaks, in this verse, for Cressida has descended from her father and claims that she has forgotten him. She declares that she knows "no kin, no love, no blood" . so near as the "sweet Troilus."

injury of chance

Puts back leave-taking, justles roughly by
All time of pause, rudely beguiles our lips
Of all rejoindure, forcibly prevents

Our lock'd embrasures, strangles our dear vows
Even in the birth of our own laboring breath."

In pleading, at common law, the defendant had the right of rejoinder or answer to the plaintiff's replication, or reply to the original answer of the defendant, in a civil cause. A rejoindure, in pleading thus contemplated a former answer and a former reply and then a rejoindure. The injury arising from the immediate separation Troilus treats as a cause preventing further rejoindure, as well as the cause of dispensing with further "embrasures," even in the birth of their "laboring breath."

Lineal consanguinity is that which recognizes the descent or ascent in a direct line, as daughter and parent; collateral consanguinity is that which refers to persons descending from the same common ancestor, but not from each other. 2 Bl. Comm. 202.

1 Troilus and Cressida, Act IV, Scene IV.

2 Coke, Litt. 304; Archbold, Civil Pl. 278.

This plea by way of rejoindure, in most of the United States is now prevented and the answer of the defendant is the only plea he has.

Sec. 372. Attestation by sight and hearing.—

"Tro.

Sith yet there is a credence in my heart,

An esperance so obstinately strong,

That doth invert the attest of eyes and ears."1

An attesting witness to an instrument, at common law, was one, who, at the request of the parties executing it, signed his name, in evidence of his having witnessed the execution of the contract.2

The attesting witness was not required to witness the parties execute the instrument, but it was only required that he sign in their presence, at their request and that they acknowledge that they had executed it. Of course if he actually saw and heard them say they signed it, then he would attest it by both "sight and hearing"; then he would have the best primary evidence of the fact attested, or proved, and Troilus here, wishes that his eyes and ears had deceived him, or that this primary evidence should prove wrong.

Troilus and Cressida, Act V, Scene II. 23 Campb. 232.

2 Greenl. Evid., Sec. 678.

383.

384.

385.

A cynic's view of Law-Thievery justified.

Bawds not competent witnesses.

Pleading false titles.

Pawn me to this your honour, she is his."1

A pledge or pawn is a bailment of personal property as security for some debt or engagement. The Old Athenian asks Timon of Athens to pledge or pawn his honour, instead of his personal property and he will take this as security for the performance of the engagement referred to. In other words, he will consent to the alliance, if the honour of Timon is given him, as security that the husband of his daughter shall be endowed equally with his daughter.

Timon of Athens, Act I, Scene I.

'Story, Bailments, Sec. 286; Lawson, on Bailments, sec. 1.

Athens: "Alcib.

Alcibiades thus pleads for the life of his client in Timon of And, for I know your reverend ages love, security, I'll pawn my victories, all my honour to you, upon his good returns." (Act III, Scene V.)