It is notable, in these lines, that the Poet does not forget to have the mad king insist upon an orderly proceeding in the imaginary trial of his daughter, Goneril. At common law, no one charged with a crime could be put upon trial, without being first arraigned, and asked whether he or she was guilty or not guilty of the charge.1 The mad king insists upon the adherence to this legal preliminary at the trial. As justice is symbolized by the "Blind Ey'd Goddess," Edgar intimates that the accused may not want to be tried by her, but as her guilt is great, she may require eyes at her trial to see her innocence. At common law, the occupant of the judgment seat was called a "justice" and he was said to occupy the Bench; the Chancellor, or judge who dispensed equity, on the equity side of the court, could be likened to a "yoke-fellow" in the team of jurists, working to dispense justice, and when two or more judges sat in judgment they were called a Commission, so the reference to Kent, as being "of the Commission," is not improper, but shows the discrimination, in legal matters, of the mad king. After the arraignment, it was always essential to establish the guilt of the accused, by competent evidence, as guilt was never presumed, but all persons were presumed innocent of crime, until proven guilty, so the mad king after the arraignment, calls for the evidence and deposes and gives evidence, under oath, of the offense he thinks his daughter guilty of. 1 1 Bishop's Cr. Proc., Vol. I, Chap. Arraignment; Sherwood's Cr. Law. 2 Bouvier's Law Dictionary. To some, it might seem beyond belief, that the Poet would make the mad king follow so truly, the regular forms of law, in this trial scene. But to the author of these Commentaries, it is not unreal, for he once witnessed an insane lawyer, defend himself before a Commission to inquire into his sanity, with all the cunning of the sanest jurist, familiar with every detail of the proceeding. This whole imaginary trial is the due and regular proceeding, outlined by one familiar with the administration of the criminal law of England. Sec. 453. Equal rank, in trial by battle.— By the law of arms, thou wast not bound to answer Goneril here advises her lover of the law of trial by battle, for by the law of arms, through which this barbarous custom was carried out, if the adversary was not of equal rank, or known to be of equal rank, with the person challenged, the latter need not fight, and, if he did fight, in case of his defeat, he was not adjudged guilty, as he would have been had he fought with one of equal rank.2 1 King Lear, Act V, Scene III. 2 Reeve's History Eng. Law, Vol. I, p. 393; Vol. III, p. 329; Vol. IV, p. 58. 459. Tybalt's death murder at Romeo's hands. 460. No slander to speak the truth. 461. Label appended to deed. 462. Sale of poison contrary to Italian Law Sec. 454. Bond to keep the peace. "Cap. And Montague is bound as well as I, In penalty alike; and 'tis not hard, I think, Offenses against the public peace are those offenses which consist either in an actual breach of the peace, or conduct which leads directly to an open breach. Such offenses may be classified under the heads of unlawful assemblies, riots, affrays, challenging and fighting and duels, and other similar misdemeanors. The offense committed by the servants of these rival houses of Capulet and Montague, was properly an affray, which is a public assault, or one committed in the presence of third parties. A duel was such an offense and because of the likelihood of others present joining in the affray, all present were held to be principal offenders, at common law, and the principals were liable to arrest and subject to be bound over to keep the peace.3 1Romeo and Juliet, Act I, Scene II. Cooley, Torts, 348. 'III Reeve's History Eng. Law, p. 202. The Prince had commanded the peace, in the street brawl, in the preceding scene, when he told Capulet and Montague: "If ever you disturb our streets again, your lives shall pay the forfeit of the peace." And they were commanded to appear before him at "old Free-town, our common judgment-place," to know his further pleasure. At this hearing, the two enemies had been bound over to keep the peace, from these lines of Capulet as this was a familiar proceeding, in vogue in all such causes.1 Sec. 455. Wife's legal status.— "Fri. Come, come with me, and we will make short work; For, by your leaves, you shall not stay alone, Till holy church incorporate two in one." The Friar here clearly referred to the legal status of the wife, after celebration of the holy rites of the common law civil contract of marriage. At common law, after marriage, the wife had no separate legal existence but her legal entity was merged, so to speak, into that of her husband. By the fiat of the law the two became one, by marriage, and the otherwise separate and distinct legal existence of the femme sole, was abolished and the two became "incorporate" into one.* Ever since the reign of Edward I, it had been the office of the king's justices, of inferior judges, ministers of justice, sheriffs and the like officials, to keep the peace of the kingdom. "The manner in which these officers might exercise their authority was, by committing to custody all those whom they saw actually breaking the peace; or, as said above, they might admit them to bail, or oblige them to give sureties for keeping the peace." III Reeve's History Eng. Law, p. 202. 2 Romeo and Juliet, Act II, Scene VI. In Venus and Adonis, it is said: "Her arms do lend his neck a sweet embrace; Incorporate then they seem; face grows to face." (539, 540.) Sec. 456. Sale of life tenure.— "Ben. An' I were so apt to quarrel as thou art, any man should buy the fee-simple of my life, for an hour and a quarter. Mer. The fee-simple. O simple." A fee-simple estate is an estate of inheritance, passing directly to the heirs general of the owner-as distinguished from a base or qualified fee which goes to special heirs of his body-if he dies intestate, subject to no restrictions or qualifications and it is the highest estate known to the law of land tenures. A fee-simple estate may either be created by deed, or acquired by purchase, as elsewhere seen.1 3 Benvolio means to say to Mercutio, that if he were as quarrelsome as the latter, his life would be in such danger, that he would sell the whole tenure of his life for an hour and a quarter. Mercutio, who has more faith in his own. prowess, ridicules the idea of selling the fee-simple of his life for such a small return and pronounces such a bargain "simple." My blood for your rude brawls doth lie a bleeding; That you shall all repent the loss of mine." To amerce one is to assess a pecuniary punishment at the will of the king or lord paramount, in some arbitrary sum, for the commission of some offense, for which the penalty is assessed." The difference between a fine and an 1 Romeo and Juliet, Act III, Scene I. 2 Tiedeman, R. P., Chap. III (3d. ed.). 'Ante idem. 'See Chapter III. Romeo and Juliet, Act III, Scene I. 'Bouvier's Law Dictionary. |