Sec. 274. Condemned woman's privilege of pregnancy."Puc. Will nothing turn your unrelenting hearts?— Then, Joan, discover thine infirmity; That warranteth by law to be thy privilege.- Joan of Arc here claimed the common law privilege, which was extended in all cases, to a pregnant woman, condemned to death, provided she was found to be with "quick child," of having her execution delayed until the birth of her child. When this plea was made prior to execution, the court directed a jury of twelve matrons, or discreet women, to ascertain the fact if the condemned woman was "quick with child," and if the verdict was that she was with quick child, the execution was stayed from term to term of court, until the child was born, or the woman was found to have been pretending pregnancy. By the English common law, however, the plea would fail, if it was not found that the child had quickened, for until this period the foetus was not believed to be alive. But by the law of Scotland and of France, it was held to be a good plea, when the woman was found to be pregnant, whether the child had quickened or not, and hence, the plea of the Maid of Orleans, in this instance, if she was really pregnant, ought to have stayed her execution, if the law of the realm was accorded her.* '1' Henry VI, Act V, Scene IV. 24 Sh. Bl. Comm. 394, 395; 1 Bishop, Cr. Proc., secs. 1322, 1324. Reg vs. Baynton, 14 How. St. Tr. 597, 634. 'Bouvier's Law Dictionary; 1 Chitty's Cr. Law, 760. Chitty states that while the common law did not give a stay, unless the child had quickened, the matrons, because of their "gentleness of sex," usually found that the child had quickened and thus avoided the execution of one of their sex, at their hands. 1 Chitty, Cr. Law, 760; 3 Inst. 17; 4 Bl. Comm. 695; 1 Hale, P. C. 368, 369. Sec. 275. Compromise.— "York. promise, And, now the matter grows to com Stand'st thou aloof upon comparison." A compromise is an agreement between two or more parties as a settlement of matters in dispute between them. Frequently compromises are brought about by arbitrators, with authority to decide what shall appear to be just and reasonable between the parties, in order to put an end to the differences of which they are made the judges.3 Of course in negotiations for a compromise, if either party is arbitrary, or not willing to make concessions to the other, to settle the disputed matters, then no compromise can generally be procured and this is why York suggests to the French Dauphin, that he must not stand "aloof upon comparison," "now the matter grows to compromise." In an early South Carolina case, a jury of matrons stayed the execution of a pregnant woman, according to this old practice. State vs. Arden, 1 Bay, 487, 490. 11' Henry VI, Act V, Scene IV. 2 Bouvier's Law Dictionary. 3 ante idem. CHAPTER XXII. "SECOND PART OF KING HENRY THE SIXTH." 281. Open to the Law. 282. "Rigour of the Law." 283. To apprehend in the fact. 284. York's title to the Crown of England. 285. 286. Justification for one condemned by Law. 287. Contrary to form of Law. 288. Levying sums of money. 289. Taking bribes. Sec. 276. Articles of agreement. "Suff. My lord protector, so it please your grace, Here are the articles of contracted peace, Between our sovereign and the French king, Charles, Articles are the divisions of a written or printed document or agreement and in the sense in which the term is here used it is the specification of the distinct matters 12' Henry VI, Act I, Scene I. agreed upon. The fundamental idea of an article is that of an object comprising some part of a complex whole, such as the statement of the several undertakings of the several parties to an agreement, covering the different contingencies of the terms of the contract.2 The contract here contains the legal essentials of a valid agreement commencing with the names and designation of the parties, the subject matter of the agreement, containing the essentials of the undertakings of each party; the covenants to be performed and the signatures of the parties to the agreement.3 1 Bouvier's Law Dictionary. 2 Ante idem. The Poet, however, described the person of the agent, rather than the principal for whom the contract is made. In this form, it is but the agreement of Suffolk, as the additions after his name, in law, would be but mere descriptio personae. An agreement should be executed by an agent in the name of his principal, by himself, as agent, rather than in the name of the agent, as a party thereto. Gloster reads this peace agreement, as follows: "Glo. Imprimis, It is agreed between the French King, Charles, and William de la Poole, marquis of Suffolk, ambassador for Henry, King of England, that the said Henry shall espouse the Lady Margaret," etc. "Item. It is further agreed between them," etc. 2' Henry VI, Act I, Scene I. The earl of Westmoreland said, on Henry's attempted disposition of the crown, in 3' Henry VI: "West. I cannot stay to hear these articles." (Act I, Scene I.) Speaking of the form of the French treaty, Buckingham said of Cardinal Wolsey: "Buck. Pray, give me favor, sir. This cunning cardinal, The article o' the combination drew, as himself plead'd." (Henry VIII, Act I, Scene I.) The Earl of Surrey tells the duke of Norfolk, when they are presenting their charges against Cardinal Wolsey, in King Henry VIII: "Sur. Produce the grand sum of his sins, the articles collected from his life." (Act III, Scene II.) In Coriolanus, Cominius said: "Com. send us to Rome, the best, with whom we may articulate, for their own good, and Sec. 277. Bargain and sale. "York. tongue, So York must sit, and fret, and bite his While his own lands are bargain'd for and sold." 3 A contract of bargain and sale, is one whereby the owner of land, for a valuable consideration, agrees to sell to the bargainee, whereupon a use arises in favor of the latter, to whom the seisin is transferred by the statute of uses.2 In other words, the statute of uses annexed the seisin to such an agreement, whereby a complete estate became vested in the bargainee. All things for the most part which may be granted by any deed, may be granted by bargain and sale and an estate may be created in fee, for life or for years, by such a deed. The proper and technical words to denote a bargain and sale are “bargain and sell," as used by the Poet here, but from the language of the verse quoted, an involuntary alienation is contemplated by York, which could only occur after the title was divested by confiscation or other means, before the bargain and sale occurred." ours." This means he would enter into articles with him. (Act I, Scene IX.) Antiochus tells Pericles, Prince of Tyre, when he sees that he has discovered his sin: "Ant. Prince Pericles, touch not, upon thy life, For that's an article within our law, As dangerous as the rest." (Act I, Scene I.) 12' Henry VI, Act I, Scene I. 2 Tiedeman, on R. P. (3' ed.) secs. 542, 543. Coke, Litt. 40b; 2 Bl. Comm. 338. 2 Coke, 54. "In other words, this deed is a contract, to which the land owner would have to assent. 543. Tiedeman, on R. P. (3' ed.) sec. |