tions are to be discharged by one acting in both capacities, he intimates that because of the prejudice of the Lord, he would lose his rights. Sec. 356. Crime of heresy. "Gar. My lord, my lord, you are a sectary, That's the plain truth: your painted gloss discovers, To men that understand you, words and weakness."i A sectary, or sectarian, in religion, is one who separates himself from an established church, and adheres to some sect, or following, at variance with the established religion. The offense, at common law, was known as heresy, which consisted not in the total denial of Christianity, but of some of its essential doctrines, publicly and obstinately avowed.2 Sec. 357. Appeal by king's ring. "Cran. I have a little yet to say. Look there, my lords: By virtue of that ring, I take my cause Cham. This is the king's ring. Sur. 'Tis no counterfeit.3 This refers to the custom of regarding the holder or possessor of the king's private ring, as entitled to the pre 1 King Henry VIII, Act V, Scene II. 2 Blackstone's Comm. The accusation against Cranmer, reminds us of what Milton said: "I never knew that time in England, when men of truest religion were not counted sectaries." King Henry VIII, Act V, Scene II. The King tells Cranmer, in King Henry VIII: "K. Hen. if entreaties will render you no remedy, this ring deliver them and your appeal to us there make before them." (Act V, Scene I.) rogatives of the king's person and to be exempt from the punishment he would otherwise be accorded, were he not invested with this insignia of royalty. The custom obtained at this time, of offering the ring of the king, which was construed as a claim of the royal prerogative, by the king, of himself passing judgment upon the accused person and of denying to the court the right to proceed with a cause. Hence, Cranmer says he takes his cause out of their jurisdiction, by the ring. We find, in the book of Esther, that "This was the custom, that no man durst gainsay the letters which were sent in the King's name, and were sealed with his ring." (Esther, ch. VIII, 8.) See, also, "The Castle of Otranto,' p. 100. 368. Execution of contract by parties "interchangeably," 369. Right warring with right. 370. 371. Consanguinity. Rejoindures. 372. Attestation by "sight and hearing." Sec. 358. Ravishment. "Pro.. The ravish'd Helen, Menelaus' queen, With wanton Paris sleeps; And that's the quarrel." "Ravished," in criminal pleading, is a technical word essential, in an indictment for rape.2 No other word will generally answer and the defendant is usually charged with having "feloniously ravished," the prosecutrix, or woman mentioned in the indictment." The prologue here recognizes the condonement of the ravishment, by Helen, for it is mentioned that she "with wanton Paris sleeps," but the fact of the original rape or ravishment, is mentioned as the cause of the quarrel. 1 Troilus and Cressida, Act I, Scene I. 25 Bacon's Abr., p. 48, et seq. The word implies that the act was forcible and against the will. 3 Chitty's Cr. Law, 812, Sec. 359. Per se. "Alex. They say he is a very man, per se, And stands alone." "Per se," when used in the law, means by itself, or himself. A man's act is held to be negligence, per se, or when one appears as Counsel in his own cause, he is said to appear, per se, or by himself. The Poet here makes Alexander refer to Troilus as a man, per se, meaning that he is a man, by himself, or in himself. The expression is one familiar to lawyers and courts and is used in this generic way, by law writers and courts.2 Sec. 360. Justice residing between right and wrong.Take but degree away, untune that "Ulyss. string, And, hark, what discord follows: each thing meets Should lift their bosoms higher than the shores, Strength should be lord of imbecility, And the rude son should strike his father dead: Force should be right: or, rather right and wrong (Between whose endless jar justice resides,) Should loose their names, and so should justice too"s The language of Ulysses is that between contending factions or by way of compromise justice is more nearly approached. In other words, in the practical administration of justice, it is found that the one who claims to be right is not always so, to the extent claimed, and the one who is claimed to have violated this right, or to have perpetrated the wrong, is not always as wrong as it is claimed, but between the two the right, or the real justice of the contention, resides. 1 Troilus and Cressida, Act I, Scene II. This reasoning urges respect for the law, through which justice is enforced, and intimates that without such respect, might or force alone can gain control. In the practical administration of justice, the expressions are most correct, for in the permission of the law that each one shall enjoy his own, it is found not always to be in the proportion that it is urged such right should be enjoyed, but rather that "justice resides," between the "endless jar" of right and wrong.1 Sec. 361. Impressment for military service. "Achil. Your last service was sufferance, 'twas not voluntary; no man is beaten voluntary; Ajax was here the voluntary, and you as under an impress."2 The ships of the British Navy were formerly manned by impressment, and the practice had not only the sanction of custom, but the force of law and many acts of parliament were passed, from the reigns of Philip and Mary to that of George III, to regulate the system of impressment, in England. The practice was to seize, by force, such seamen, rivermen and other citizens as the circumstances demanded for service in the navy. An armed 1 1 Coke, 2' Inst., 56; Toullier, Droit, Civ. Fr. tit. prel. n. 5. 2 Troilus and Cressida, Act II, Scene I. 3 V Reeve's History English Law, 140, et sub; Bacon, Abr. In Antony and Cleopatra, Enobarbus tells Cleopatra, comparing her sailors with those of Cæsar: "Your ships are not well manned; Your mariners are muleteers, reapers, people ingross'd by swift impress." (Act III, Scene VII.) And in Hamlet, Marcellus asks Horatio: "Mar. Good now, sit down, and tell me, he that knows, (Act I, Scene I.) |