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, 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

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. Benedict's statement is of course very extravagant that he would not marry Beatrice, if she possessed the whole world.

4

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

2 Bouvier's Law Dict.

34 Kent's Comm. 65.

4 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.)

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

2 Bishop, Stat. Crimes, index.

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

As breaches of the peace commonly occur by blasphemy, it follows that one who fears God, "must necessarily keep peace." And the fact mentioned that one who "breaks the peace," "ought to enter into a quarrel with fear and trembling," applies, no doubt, to the legal attitude such a person would occupy, for in law, one who is not in the peace himself cannot have his peace disturbed.1

The Lord Chief Justice commands the peace, in 2' Henry IV (Act II, Scene I), as follows: "Ch. Jus. What's the matter? keep the peace here, ho!"

In his soliloquy before the battle of Agincourt, King Henry V said: "K. Hen. . . in gross brains, little wots, what watch the king keeps, to maintain the peace, whose hours the peasant best advantage." (Act IV, Scene I.)

The Mayor of London commanded the peace, by open proclamation, in 1' Henry VI, as follows: "May. Nought rests for me, in this tumultuous strife. But to make open proclamation:-Come, officer, as loud as e'er thou canst. Off. All manner of men, assembled here in arms this day, against God's peace and the King's, we charge and command you, in his highness' name, to repair to your several dwelling-places; and not to wear, handle, or use any sword, weapon, or dagger, henceforward, upon pain of death." (Act I, Scene III.)

The Mayor of London, commanded the peace in the disturbance between the duke of Gloster and Winchester, in 1' Henry VI, as follows: "May. Fie, lords: that you, being supreme magistrates, Thus contumeliously should break the peace." (Act I, Scene III.)

King Henry VI thus commanded the peace: "K. Hen. We charge you, on your allegiance to ourself, to hold your slaughter'ng hands and keep the peace." (Act III, Scene I.)

Queen Margaret curses Richard, in King Richard III: "Q. Mar. . . Oh, let them keep it, till thy sins be ripe, And then hurl down their indignation on thee, The troubler of the poor world's peace." (Act I, Scene III.)

After the battle of Bosworth, Richmond thus addresses his troops, in reference to the death of the tyrant Richard III:

'Bishop's Cr. Proc. 183.

If I should speak,

She would mock me into air; O, she would laugh me
Out of myself, press me to death with wit."

This is no doubt a reference to the ancient punishment of pressing a criminal charged with felony to death, for his malicious refusal to enter a lawful plea, on being arraigned. The Poet uses this punishment in different plays. This was known to the old common law as punishment of peine forte et dure, and if the defendant

"Richm. Let them not live to taste this land's increase,
That would, with treason, wound this fair land's peace;
Now civil wounds are stop'd, peace lives again;
That she may long live here, God say—Amen."

(Act V, Scene IV.)

Speaking to his peers, at his trial, Cranmer said, in King Henry VIII: "Cran. nor is there living (I speak it with

a single heart, my lords), A man that more detests, more stirs against, Both in his private conscience and his place, Defacers of a public peace, than I do." (Act V, Scene II.)

Benvolio said to Tybalt, in Romeo and Juliet, on parting the servants of Capulet and Montague:

"I do but keep the peace; put up thy sword, Or manage it to part these men with me."

(Act I, Scene I.)

Capulet tells Paris: "And Montague is bound, as well as I in penalty alike; and 'tis not hard, I think, For men so old as we to keep the peace." (Act I, Scene II.)

Saturninus (in Titus Andronicus) speaks of the "disturbers of our peace," buzzing in the people's ears what had pass'd which was naught but lawful." (Act IV, Scene IV.)

In Titus Andronicus, (Act II, Scene I) Aaron commands the peace in the customary manner, to stop the quarrel between Chiron and Demetrius, as follows: "Clubs, clubs, these lovers will not keep the peace."

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

Fleta, lib. 1, C. 34.

Measure for Measure, Act V, Scene I; Richard II, Act III, Scene IV.