Sec. 424. Demesne Lands. "Bel. this twenty years, This rock, and these demesnes, have been my world.” Demesne originally signified that portion of the lands of a manor which the lord reserved for his own use and occupation. In this respect demesne lands differed from lands granted or subfeued to the vassals for their services. So long as the doctrine of sub-infeudation existed, demesne lands were held by a distinct and separate right. But by the statute Quia Emptores, (18 Edw. I) sub-infeudation was abolished; the feofee was held to take under the lord paramount, and all lands became demesne. So at the present day, demesne lands may be regarded as all lands held by the owner by virtue of his possession and title thereto.2 Sec. 425. Guiderius' defense of his crime. "Gui. The law Protects not us: Then why should we be tender, In this verse the Poet makes the speaker defy the law, because the law had furnished no protection for him. This is the reasoning of the criminal in every instance, and because the hand of all men is against the outlaw he is, likewise, against all men and the laws of man and refuses to take refuge under an authority that will afford him no protection. This statutes of Merchants was enacted at Acton Burnel, in 1282. Bell's Com. supra. 1 Cymbeline, Act III, Scene III. 'Tiedeman's Real Property (3d ed.), Chapter III. In his reference to Rosaline's bright eyes, in Romeo and Juliet, Mercutio speaks of her bodily proportions and the "demesnes that there adjacent lie." (Act II, Scene I.) Cymbeline, Act TV, Scene II. An equally able defense of his act in killing Cloten would have been the fact that his own life was threatened by him and he fought in the defense of his person; and this would have been a defense consistent with the due enforcement and recognition of the law, rather than in defiance of the majesty of law. Sec. 426. Upright Justicer. "Post. Ay, me, most credulous fool, In old English law, a Justiciar, or Justicier, was a judge or justice, and was one of several persons, learned in the law, who sat in the aula regis, and formed a kind of appellate court in cases of difficulty. The Chief Justiciar was a special magistrate who presided over the whole aula regis; he was the principal minister of state; the second man in the kingdom and by virtue of his office, the guardian of the realm in the absence of the king. Posthumus felt such guilt of conscience that he was willing to meet any doom that might be accorded him and prayed the "upright Justicer" to sentence him, either to the knife, hanging, or have him poisoned, and his guilty conscience was so aroused that he felt it would be but simple justice for him to meet such an end, for otherwise he would not have asked this fate at the hands of an "upright Justicer." Shars. Bl. Comm. 37. Phillip Basset was the last to bear this title, during the reign of King Henry III. In King Lear (Act I'I, Scene VI and Act IV, Scene III) Lear refers to Edgar as "most learned justicer" and Albany is made to say: "This shows you are above, You justicers," etc. CHAPTER XXXII. "TITUS ANDRONICUS." Sec. 427. Encroachment upon Prince's right. 428. Proof of facts apparent. 429. Bail in Criminal Case. 430. Invoking Justice from heaven. 431. The Goddess of Justice abandoning the Earth. 433. Prosecuting for Contempt. 434. Lawful killing not murder. Sec. 427. Encroachment on Prince's right. "Aar. adore, Now, by the gods, that warlike Goths This petty brabble will undo us all.— Why, lords, and think you not how dangerous The Moor, in these lines, in interfering to separate the combatants, Chiron and Demetrius, suggests the dangerous nature of their quarrel, since it involves the good name of the wife of a Prince. The thought convey'd is that the danger of violating the right of a prince, is augmented, because of the importance of the person claiming the right. This is not true in countries where the law is equally enforced as it should be, for the enforcement of the right should be in equal degree, whether it is the right of a peasant or the right of a prince. Sec. 428. Proof of facts apparent.- I beg this boon with tears not lightly shed, Titus Andronicus, Act II, Scene I. 'Titus Andronicus, Act II, Scene IV. The father has about admitted the guilt of his sons, when he reflects that the crime has not been proved against them. He invokes the rule of law, which always requires proof of one's guilt, to overcome the presumption of innocence; but the king wrecks this hope on Titus' part, by replying that the evidence of their guilt is apparent and will need no proof. In this, from a strictly legal standpoint, the king was in error, for if the sons of Titus were to be legally adjudged guilty of the offense this could only be done after an investigation by a judicial tribunal, accustomed to try such issue, on proof of their guilt, by competent legal evidence. So the father was clearly right, in requesting proof, before their adjudged guilt, in this instance. Sec. 429. Bail in criminal case.— "Tit._ I did, my lord: yet let me be their bail: After his failure to prevail upon the king to accord his sons the right of a fair trial, Titus here begs that he may, at least, be permitted to go their "bail," until the evidence of their guilt shall be brought before them. Bail is here used as a noun, to describe the person accepted as the surety for the principal accused of a crime. This is a proper and accustomed use of the term. Bail, in law, is the delivering of a person accused of crime, to one or more persons, accepted as his sureties, who are personally bound for his appearance at the proper time, before the court, to abide the judgment of the court.2 As the surety, according to the obligation assumed, in such cases, is personally bound to produce the person of the accused one, at the specified time, unless prevented 1 Titus Andronicus, Act II, Scene IV. 'Bouvier's Law Dictionary. by sickness or other unavoidable causes, such as the death or legal imprisonment of the principal, the force of this obligation is asked to be imposed upon him, by Titus, when he promises that "they shall be ready, at your highness' will." Sec. 430. Invoking justice from heaven. "Tit. And sith there is no justice in earth nor hell, We will solicit heaven; and move the gods, To send down justice for to wreak our wrongs." The Poet in these lines strongly presents the pathos of the plea of one who has failed to receive justice on the earth, of those who are endowed with the ability and upon whom the duty is placed of dispensing justice. Poor Titus, realizing that his plea for justice to the king and his court, the only authority that could dispense justice to him,-would be without avail, turns to heaven, as the only other source from which justice could be realized, after his failure to receive it from the tribunals of man. Sec. 431. The Goddess of Justice abandoning the earth."Titus. Come, Marcus, come;-kinsmen, this is the way. Sir boy, now let me see your archery; Look ye draw home enough, and 'tis there straight.- Be you remember'd, Marcus, she's gone, she's fled."2 The calamities had befallen Titus so thick and fast, in return for his many years of upright service and loyalty to Rome, that he finally concluded that the Goddess of Justice (Astraea) had abandoned the earth, to leave mortals to suffer injustice without relief." According to 'Titus Andronicus, Act IV, Scene III. 2 Titus Andronicus, Act IV, Scene III. |