Initial commit of ebook 77514 filesHEADmain

6 files changed, 3826 insertions, 0 deletions

diff --git a/.gitattributes b/.gitattributes
new file mode 100644
index 0000000..6833f05
--- /dev/null
+++ b/.gitattributes
@@ -0,0 +1,3 @@
+* text=auto
+*.txt text
+*.md text
diff --git a/77514-0.txt b/77514-0.txt
new file mode 100644
index 0000000..b208f46
--- /dev/null
+++ b/77514-0.txt
@@ -0,0 +1,1311 @@
+*** START OF THE PROJECT GUTENBERG EBOOK 77514 ***
+
+
+
+
+SHAKESPEARE’S LEGAL MAXIMS.
+
+
+
+
+                            SHAKESPEARE’S LEGAL
+                                  MAXIMS.
+
+                                    BY
+                          WILLIAM LOWES RUSHTON,
+                     OF GRAY’S INN, BARRISTER-AT-LAW.
+
+       Corresponding Member of the Berlin Society for the Study of
+      Modern Languages; Corresponding Member of the State Historical
+        Society of Wisconsin, U.S.A.; Corresponding Member of the
+         Manchester Shakespeare Society; Author of ‘Shakespeare a
+            Lawyer,’ ‘Shakespeare Illustrated by Old Authors,’
+              ‘Shakespeare Illustrated by the Lex Scripta,’
+                  ‘Shakespeare’s Testamentary Language,’
+                  ‘Shakespeare’s Euphuism,’ ‘Shakespeare
+                             an Archer,’ &c.
+
+          _Juvat integros accedere fontes atque haurire._
+
+                                                        LUCRETIUS.
+
+          _It is pleasant to handle an untouched subject._
+
+                                                   HENRY FIELDING.
+
+                                LIVERPOOL:
+                            HENRY YOUNG & SONS,
+                                   1907.
+
+
+
+
+NOTICE.
+
+
+The first edition of this attempt to illustrate obscure passages in
+the works of William Shakespeare by legal maxims was published when I
+was a student-at-law. It was sent to the press for review, and some of
+the London papers referred to it as a second edition of ‘Shakespeare a
+Lawyer.’ The only notice I saw of it appeared in the _Liverpool Albion_
+as follows:—
+
+‘Not very long since, Mr. Rushton published a pamphlet, “Shakespeare
+a Lawyer,” which attracted considerable attention in the literary
+and theatrical world. It is well known that Lord Campbell, some time
+afterwards, published a similar work, availing himself, without
+acknowledgment, of Mr. Rushton’s labours, as the _Examiner_ conclusively
+pointed out. Like its predecessor, this brochure shows the author is
+deeply read in law.’
+
+On page 100 of ‘William Shakespeare’ by Karl Elze, published in Germany
+in 1876, the following may be seen:—
+
+‘Lord Campbell, “Shakespeare’s Legal Acquirements,” London, 1859—Vergl.
+ausserdem W. L. Rushton, “Shakespeare a Lawyer,” London, 1858. Rushton
+ist schon vor Lord Campbell zu dem gleichen Ergebnisse gekommen wie
+dieser, wenngleich sich seine Schrift im Uebrigen nicht mit der des
+letztern messen kann. Beachtung verdienen jedoch Rushton’s Erklärungen
+der einschlagenden Stellen bei Shakespeare.’
+
+German students of Shakespeare, who are induced by this note to refer
+to Lord Campbell’s ‘Shakespeare’s Legal Acquirements Considered’ for
+accurate explanations of the law and law terms they meet with in
+Shakespeare’s works, will often be misinformed, because that book
+contains many mistakes in law.
+
+Bacon, in his ‘Legal Maxims,’ says, ‘It might have been more flourish and
+ostentation of reading to have vouched the authorities and sometimes to
+have enforced or noted them; yet I have abstained from that also, and
+the reason is, because I judged it a matter undue and preposterous to
+prove rules and maxims.’ I should have saved myself some trouble if I had
+‘abstained from the flourish and ostentation’ of vouching my authorities.
+
+In the plays of Ben Jonson, George Chapman, and other dramatists of their
+time, legal maxims are to be seen in Latin. Shakespeare never quotes
+legal maxims in Latin, but he gives correct translations of them which
+are so embodied in his verse and prose that they have not the appearance
+of quotations. This may be one of the reasons why they have not been
+noticed by the commentators. Another reason may be that the commentators
+who were not members of the legal profession did not recognise them
+because they were ignorant of law, and the commentators who were lawyers
+did not recognise them because they were ignorant of Shakespeare.
+Shakespeare’s correct translations of legal maxims are, I think, the only
+satisfactory evidence we have of his knowledge of Latin.
+
+I now give one example of Shakespeare’s correct translations of the Latin
+maxims, and of the good verse he makes of it.
+
+    Dormiunt aliquando leges moriuntur nunquam.
+
+    The law hath not been dead, though it hath slept.
+
+where the verbs dormio and morior in Latin are represented correctly
+by the verbs sleep and die in English. Although Bacon’s legal maxims
+are twenty-five in number I have not found any of them in Shakespeare’s
+plays, but a portion of one of them[1]—Sententia definitiva, revocari non
+potest, as I venture to put it—expresses the law to which Shakespeare
+refers in the _Comedy of Errors_.
+
+    _Duke._ But, though thou art adjudged to the death,
+    And _passed sentence cannot be recall’d_
+    But to our honour’s great disparagement,
+    Yet will I favour thee in what I can.
+
+                                       _Comedy of Errors_, Act i. Scene 1.
+
+Those who believe that Francis Bacon wrote the plays attributed to
+William Shakespeare may think that this statement is worthy of
+consideration.
+
+Some commentators have concluded that Shakespeare was not a lawyer
+because, as they say, he has made mistakes in law. In answer to this
+conclusion, I ask three questions.
+
+1. Is there a barrister or a solicitor in large practice, or a judge on
+the bench, who can say with truth, ‘I never made a mistake in law’?
+
+    Seldom sits the judge that may not err.
+
+                                                           _Partheniades._
+
+2. Why have we a Court of Appeal?
+
+3. Was it established to confirm or reverse the judgments and decisions
+of men who were _not_ lawyers?
+
+But it is not necessary to cite the Court of Appeal to prove that even
+learned lawyers make mistakes in law. It is sufficient to mention Lord
+Campbell, who in his ‘Shakespeare’s Legal Acquirements Considered,’ has
+made several mistakes in law, a few of which I have noticed in Archiv. f.
+n. Sprachen and in ‘Shakespeare’s Testamentary Language,’ published in
+the year 1869. The Appendix B. of that book concludes with these words:
+‘We all know that Lord Campbell was a lawyer of great experience, yet in
+his “Shakespeare’s Legal Acquirements Considered” he has made several
+mistakes in law. How, then, could any errors in law which I might find in
+Shakespeare’s works afford conclusive evidence that Shakespeare was not a
+lawyer?’
+
+    4 ULLET ROAD, DINGLE, LIVERPOOL,
+        _Long Vacation, 1907_.
+
+
+
+
+SHAKESPEARE’S LEGAL MAXIMS.
+
+    Qui genus humanum ingenio superavit, et omnis
+    Restinxit, stellas exortus uti aerius sol.
+
+                                                              _Lucretius._
+
+
+The lawyer, when he reads attentively the works of William Shakespeare,
+may not be more surprised by the poet’s correct use of law terms, and
+intimate acquaintance with legal customs and tenures, and the lex
+scripta, than by his extensive and profound knowledge of the maxims of
+the English law.
+
+    _Portia._ To offend and judge are distinct offices,
+    And of opposed natures.
+
+                                   _Merchant of Venice_, Act iii. Scene 1.
+
+    _Queen Katherine._           I do believe,
+    Induc’d by potent circumstances, that
+    You are mine enemy; and make my challenge
+    You shall not be my judge: for it is you
+    Have blown this coal betwixt my lord and me,—Which
+    God’s dew quench!—Therefore I say again,
+    I utterly abhor, yea, from my soul
+    Refuse you for my judge; whom yet once more
+    I hold my malicious foe, and think not
+    At all a friend to truth.
+
+                                           _Henry VIII._, Act ii. Scene 4.
+
+Nemo debet esse judex in suâ propriâ causâ (12 Rep. 113). No one
+ought to be a judge in his own cause. It is a fundamental rule in the
+administration of justice that a man cannot be judge in a cause in which
+he is interested (per cur. 2 Stra. 1173). Nemo sibi esse judex vel suis
+jus dicere debet (C. 3, 5, 1).
+
+If a man will prescribe, that if any cattle were upon the demeanes of
+the manor, there doing damage, that the lord of the manor for the time
+being hath used to distrain them, and the distress to retain till fine
+were made to him for the damages at his will, this prescription is void;
+because _it is against reason, that if wrong be done any man, that he
+thereof should be his own judge_; for by such way, if he had damages
+but to the value of a halfpenny, he might assess and have therefor one
+hundred pounds, which would be against reason. And so such prescription,
+or any other prescription used, if it be against reason, this ought not
+nor will not be allowed before judges; Quia malus usus abolendus est. An
+evil or invalid custom ought to be abolished (Co. Litt. s. 212). It is
+also a maxim of the law of England, that Aliquis non debet esse judex in
+propriâ suâ causâ quia non potest esse judex et pars (Co. Litt. 141a).
+
+    _Olivia._ This practice hath most shrewdly pass’d upon thee;
+    But, when we know the grounds and authors of it,
+    Thou shalt be both the plaintiff and the judge
+    Of thine own cause.
+
+                                          _Twelfth Night_, Act v. Scene 1.
+
+Portia and Queen Katherine both seem to refer to this maxim; and Olivia
+promises, when the persons are discovered who have made Malvolio—
+
+                    The most notorious geek and gull
+    That e’er invention play’d on,—
+
+that she will then allow him to be both plaintiff and judge of his own
+cause, notwithstanding that Nemo debet esse judex in propriâ suâ causâ.
+
+    _Shy._ My deeds upon my head! I crave the law,
+    The penalty and forfeit of my bond.
+
+    _Por._ Is he not able to discharge the money?
+
+    _Bass._ Yes, here I tender it for him in the court;
+    Yea, twice the sum: if that will not suffice,
+    I will be bound to pay it ten times o’er,
+    On forfeit of my hands, my head, my heart:
+    If this will not suffice, it must appear
+    That malice bears down truth. And, I beseech you,
+    Wrest once the law to your authority:
+    To do a great right, do a little wrong;
+    And curb this cruel devil of his will.
+
+    _Por._ It must not be; there is no power in Venice
+    Can alter a decree established:
+    ’Twill be recorded for a precedent;
+    And many an error, by the same example,
+    Will rush into the state: it cannot be.
+
+                                    _Merchant of Venice_, Act iv. Scene 1.
+
+Portia may expound the law of Venice, but in the English law it is an
+established rule to abide by former precedents, stare decisis, where
+the same points come again in litigation. An English judge is sworn to
+determine, not according to his own private judgment (see per Lord
+Camden, 19 Howell’s State Trials, 1071; per Williams, L. 4, Cl. and
+Fin. 729), but according to the known laws and customs of the land; not
+appointed to pronounce a new law, but to maintain and expound the old,
+Jus dicere et non jus dare: (I. Bla. Com. per Lord Kenyon, C. J., 5 T.
+R. 682, 6 Id. 605, and 8 Id. 239; per Grose, J., 13 East, 321; per Lord
+Hardwick, C. Ellis v. Smith. 1 ves Jun. 16 T. R. 696, I. B. & B. 563).
+Stare decisis et non quieta movere—to stand by things as decided, and
+not to disturb those things which are tranquil, for Omnis innovatio
+plus novitate perturbat quam utilitate prodest (2 Bulstr. 388);—every
+innovation occasions more harm and derangement of order by its novelty,
+than benefit by its abstract utility. The ancient judges of the law have
+ever (as appeareth in our books) suppressed innovations and novelties in
+the beginning, as soon as they have offered to creep up, lest the quiet
+of the common law might be disturbed, and so have Acts of Parliament
+done the like (Co. Litt. 379b). The judges say in one book, ‘We will not
+change the law which always hath been used’; and another saith, ‘It is
+better that it be turned into a default than the law should be changed,
+or any innovation made’ (Co. Litt. 282b).
+
+The rule—stare decisis—does, however, admit of exceptions, where the
+former determination is most evidently contrary to reason or divine law.
+
+    _Cranmer._ Ah, my good lord of Winchester, I thank you;
+    You are always my good friend: if you will pass,
+    I shall both find your lordship judge and juror.
+
+                                            _Henry VIII._, Act v. Scene 2.
+
+Ad quæstionem facti non respondent judices ad quæstionem legis non
+respondent juratores (8 Rep. 308).
+
+It is the office of the judge to instruct the jury in points of law—of
+the jury to decide on matters of fact. It is the office of the judges
+to instruct the grand assize or jury in points of law; for as the grand
+assize or other jurors are triers of the matters of fact, ad quæstionem
+facti non respondent judices, so, ad quæstionem juris non respondent
+juratores. It is of the greatest consequence to the law of England and
+to the subject that these powers of the judge and jury be kept distinct,
+that the judge determine the law, and the jury the fact; and if ever they
+come to be confounded, it will prove the confusion and destruction of the
+law of England (Rex v. Poole, Cas. temp. Hardw. 28).
+
+    _Eli._ What now, my son! have I not ever said,
+    How that ambitious Constance would not cease,
+    Till she had kindled France, and all the world,
+    Upon the right and party of her son?
+    This might have been prevented, and made whole,
+    With very easy arguments of love;
+    Which now the manage of two kingdoms must
+    With fearful bloody issue arbitrate.
+
+    _K. John._ Our strong possession, and our right for us.
+
+    _Eli._ Your strong possession, much more than your right,
+    Or else it might go wrong with you and me:
+    So much my conscience whispers in your ear,
+    Which none but heaven, and you, and I, shall hear.
+
+                                              _King John_, Act i. Scene 1.
+
+In æquali jure melior est conditio possidentis (Plowd. 296). Where the
+right is equal, the claim of the party in possession shall prevail. The
+lowest and most imperfect degree of title consists in the mere naked
+possession, or actual occupation of the estate, without any apparent
+right, or any shadow or pretence of right, to hold and continue such
+possession. This may happen when one man invades the possession of
+another, and by force or surprise turns him out of the occupation of his
+lands; which is termed a desseisin, being a deprivation of that actual
+seisin, or corporal freehold of the lands, which the tenant before
+enjoyed (2 Bla. Com. 195; 1 Institute, 345). Or it may happen that after
+the death of the ancestor and before the entry of the heir, or after the
+death of the particular tenant and before the entry of him in remainder
+or reversion, a stranger may contrive to get possession of the vacant
+land, and hold out him that had a right to enter. In such cases the
+wrong-doer has only a mere naked possession, which the rightful owner may
+put an end to by a variety of legal remedies. But until some act be done
+by the rightful owner to divest this possession and assert his title,
+such actual possession is prima facie evidence of a legal title in the
+possessor; and it may by length of time, and negligence of him who hath
+the right, by degrees ripen into a perfect and indefeasible title (Bla.
+Com. 196).
+
+King John seems to refer to this maxim when he says—
+
+    Our strong possession and our right for us.
+
+but Elinor says—
+
+    Your strong possession much more than your right,
+
+because John was not in æquali jure with Arthur, but he was a wrong-doer,
+having merely a naked possession; for after the death of Richard I., John
+occupied the throne in defiance of the right of his nephew Arthur, who
+was the son of John’s elder brother Geoffry.
+
+    _Hamlet._           Farewell, dear mother.
+
+    _King._ Thy loving father, Hamlet.
+
+    _Hamlet._ My mother: father and mother is man and wife;
+    Man and wife is one flesh; and so, my mother.
+
+                                                _Hamlet_, Act iv. Scene 3.
+
+Vir et uxor sunt quasi unica persona, quia caro una, et sanguis unus.
+(Bracton, lib. 5, Tract. 5, cap. 25).
+
+Man and wife are as one person, because they are one flesh and blood.
+A man may not grant nor give his tenements to his wife, during the
+coverture, for that his wife and he be but one person in law (Litt. S.
+168).
+
+If a joint estate be made of land to a husband and wife and to a third
+person, in this case the husband and wife have in law in their right but
+the moiety, and the third person shall have as much as the husband and
+the wife, viz. the other moiety. And the cause is, for that the husband
+and wife are but one person in law, and are in like case as if an estate
+be made to two joint tenants, where the one hath by force of the jointure
+the one moiety in law, and the other the other moiety (Litt. S. 221): for
+the husband and wife are accounted to be one person in law, Duæ animæ in
+carne una (Lex divina, and see 4 Rep. 118).
+
+    _Fal._ Of what quality was your love, then?
+
+    _Ford._ Like a fair house, built upon another man’s ground; so
+    that I have lost my edifice, by mistaking the place where I
+    erected it.
+
+                                _Merry Wives of Windsor_, Act ii. Scene 2.
+
+    _Quick._ Marry, sir, I come to your worship from Mistress Ford.
+
+    _Fal._ Mistress Ford! I have had ford enough; I was thrown into
+    the ford; I have my belly full of ford.
+
+    _Quick._ Alas the day! good heart, that was not her fault: she
+    does so take on with her men; they mistook their erection.
+
+    _Fal._ So did I mine, to build upon a foolish woman’s promise.
+
+                               _Merry Wives of Windsor_, Act iii. Scene 5.
+
+Quicquid plantatur solo solo cedit (Went. Off. Ex. 14 ed. 145). Whatever
+is affixed to the soil belongs to the soil. It is a general and a very
+ancient rule of law that whatever is affixed to the soil becomes, in
+contemplation of law, a part of the soil, and is consequently subject to
+the same rights of property as the soil itself. The ancient common law,
+regarding land as of far more consequence than any chattel which could be
+fixed to it, always considered everything attached to the land as part
+of the land (4 Rep. 64a; Lord Raymond, 738; Mackintosh v. Trotter, 3 Mee
+& Wel. 184, 186). Hence it follows that houses themselves, which consist
+of an aggregate of chattels personal (namely, timber, bricks, &c.) fixed
+to the land, were regarded as land and passed by a conveyance of the land
+without express mention; and this is the law at the present time. So if
+a man eject another from land and afterwards build upon it, the building
+belongs to the owner of the ground on which it is built, according to
+the principle Ædificatum solo solo cedit. But where a man, supposing
+that he has a good title to an estate, builds upon the land with the
+knowledge of the real owner, who allows the erections to be made, without
+giving any notice of his claim, the Court of Chancery will compel him,
+in a suit brought for the recovery of the land, to make due allowance
+and compensation for such improvements. Ford evidently refers to this
+maxim, and Falstaff probably intends this much to be understood, that he
+committed as great a mistake, by building upon a foolish woman’s promise,
+as they make who build upon another man’s ground. Shakespeare does not in
+either of these passages, as Lord Campbell supposed, refer to Cujus est
+solum ejus est usque ad cœlum, which expresses the extent of the rights
+of the owner of land, but he refers to the maxim Ædificatum solo solo
+cedit, which expresses the action of building on another man’s land and
+the legal consequence of doing so.
+
+When Shakespeare quotes a legal maxim he generally gives the words of
+the maxim and the law which it describes. So Ford makes use of the verb
+‘build’ and the noun ‘edifice’ which words are exact translations of
+ædifico and ædificium.
+
+George Chapman, in ‘May Day,’ makes a humorous application of Ædificium
+cedit solo. Ædificatum solo solo cedit, and Quicquid plantatur solo solo
+cedit, have their origin in Justinian’s Institutes.
+
+    _Angelo._ The law hath not been dead, though it hath slept.
+
+                                   _Measure for Measure_, Act ii. Scene 3.
+
+Dormiunt aliquando leges, moriuntur nunquam. The laws sometimes sleep,
+they never die. Although it was a maxim of the civil law that as laws
+might be established by custom, they could likewise become obsolete by
+disuse or be abrogated by contrary usage, Ea vero quæ ipsa sibi quæque
+civitas constituit sæpe mutari solent vel tacito consensu populi vel
+aliâ posteâ, lege latâ (I. L. 2, 11, Irving, Civil Law, 4th ed., 123):
+and by the law of Scotland a statute is said to lose its force by
+disuse (Stair, Macdonal, Wallace), if it has not been in execution for
+sixty years, and, according to some Scotch lawyers for a hundred years,
+and a distinction is made between statutes which are as it were half
+obsolete and those in viridi observantiâ, yet by the law of England every
+statute continues in force until it is repealed by a subsequent Act of
+Parliament. Lex Angliæ sine parliamento mutari non potest (2 Institute,
+619), for nothing is so agreeable to natural equity as that everything
+should be dissolved by the same means which made it binding. Nihil tam
+conveniens est naturali æquitati quam unumquodque dissolvi eo ligamine
+quo ligatum est (2 Institute, 360).
+
+The statutes can only be altered or repealed by the same authority by
+which they were made—jura eodem modo distituuntur quo constituuntur
+(Dwarr. Stats. 672), eodem ligamine quo ligatum est dissolvitur (Co.
+Litt. 212b).
+
+    _Wolsey._                              That seal
+    You ask with such a violence, the king
+    (Mine and your master) with _his own hand gave me_;
+    Bad me enjoy it, with the place and honours,
+    During my life; and to confirm his goodness,
+    Tied it by letters-patents:—now, who’ll take it?
+
+    _Sur._ The king, that gave it.
+
+    _Wol._                         It must be himself, then.
+
+                                          _Henry VIII._, Act iii. Scene 2.
+
+The Lord Chancellor (a cancellando, from his power to cancel letters
+patent, being the highest point of his jurisdiction) or Lord Keeper, is
+the chief judge in the extraordinary Court of Equity, as well as in the
+ordinary Court of Common Law (4 Inst. 79, 82, 88, Wood’s Inst. 2nd ed.
+pp. 459, 460). He is not made by letters patent, but by the delivery of
+the Great or Broad Seal to him, and by taking an oath to serve the king
+and his people faithfully in the office of Lord Chancellor (4 Inst. 87).
+He is made Lord Chancellor of England or Lord Keeper of the Great Seal,
+per traditionem magni sigilli sibi per dominum regem, and by taking his
+oath forma cancellarium constituendi regnante Henrico Secundo fuit
+appendendo magnum Angliæ sigillum ad collum cancellarii electi (Camden,
+p. 131). Thus the delivery of the king’s seal or the taking it away,
+alluded to by Shakespeare in this passage, is the ceremony used in making
+or unmaking a Lord Chancellor. Some have gotten it by letters patent at
+will (35 Hen. VI. 3 b. of Winch., I Hen. VI. sec. 16) and one for term of
+his life (Cardinal Wolsey); but it was holden void, because an ancient
+office must be granted as it hath been accustomed (4 Inst. 87).
+
+    _Ant. E._ What, will you murder me? Thou gaoler, thou,
+    I am thy prisoner: wilt thou suffer them
+    To make a rescue?
+
+    _Off._            Masters, let him go:
+    He is my prisoner, and you shall not have him.
+
+    _Pinch._ Go bind this man, for he is frantic too.
+
+    _Adr._ What wilt thou do, thou peevish officer?
+    Hast thou delight to see a wretched man
+    Do outrage and displeasure to himself?
+
+    _Off._ He is my prisoner: if I let him go,
+    The debt he owes will be requir’d of me.
+
+                                      _Comedy of Errors_, Act iv. Scene 4.
+
+If a sheriff or a gaoler suffers a prisoner, who is taken upon mesne
+process (that is, during the pendency of a suit) to escape, he is liable
+to an action on the case (Cro. Eliz., 625). But if after judgment
+a gaoler or a sheriff permit a debtor to escape, who is charged in
+execution for a certain sum, the debt immediately becomes his own, and
+he is compellable by an action of debt, being for a liquated sum and
+ascertained, to satisfy the creditor his whole demand; which doctrine is
+grounded on the Equity of the Statute of Westminster second (13 Edw. I.
+c. 11, and I. Rich. II. c. 12. Bro. Alr. t. parliament, 192; Inst. 382;
+3 Bla. Com. 165), ubi jus ibi remedium (I. T. R. 512). There is no wrong
+without a remedy. Jus, in the sense in which it is used in this maxim,
+signifies ‘the legal authority to do or to demand something’ (Mackfield,
+Civ. Law, 6). Remedium may be defined to be the right of action, or the
+means given by law for the recovery of a right, and, according to this
+maxim, whenever the law gives anything, it gives a remedy for the same;
+Lex semper dabit remedium (Jacob, Law Dic. title Remedy, Bac. Alr.,
+actions in general). Every injury to a legal right necessarily imports
+damage in the nature of it, though there be no pecuniary loss (per Holt,
+C. J., Ashly v. White, 2 Lord Raymond). Thus where a prisoner is in
+execution or final process, the creditor has a right to the body of his
+debtor every hour till the debt is paid; and an escape of the debtor, for
+ever so short a time, is necessarily a damage to him, and an action for
+an escape lies (Williams v. Mostyn, 4 M. & W. 153; Wylie v. Birch, 4 Qu.
+B. 566, 567; Clifton v. Hooper, 6 Qu. B. 468).
+
+    _York._ I took an oath that he should quietly reign.
+
+    _Edw._ But, for a kingdom, any oath may be broken:
+    I would break a thousand oaths to reign one year.
+
+    _Rich._ No; God forbid, your grace should be forsworn.
+
+    _York._ I shall be, if I claim by open war.
+
+    _Rich._ I’ll prove the contrary, if you’ll hear me speak.
+
+    _York._ Thou canst not, son; it is impossible.
+
+    _Rich._ An oath is of no moment, being not took
+    Before a true and lawful magistrate,
+    That hath authority over him that swears:
+    Henry had none, but did usurp the place;
+    Then, seeing ’twas he that made you to depose,
+    Your oath, my lord, is vain and frivolous.
+    Therefore, to arms.
+
+                                            3 _Henry VI._, Act i. Scene 2.
+
+An oath is an affirmation or denial of anything _before one that hath
+authority to administer the same_, calling God to witness that his
+testimony is true (3 Inst. 165, C. 74). Sacramentum, habet in se tres
+comites, veritatem, justiciam et judicium; veritas habenda est in
+juratore; justicia et judicium in judice (Bracton, I. 4, f. 186). Four
+sorts of oaths have been enumerated, viz., Juramentum promissionis, where
+an oath is taken to do or not to do such a thing (it appears that York
+had taken an oath of this description); Juramentum purgationis, which is
+where a person is charged with any matter by bill in Equity; Juramentum
+probationis, where one is produced as a witness to prove or disprove a
+thing; and Juramentum triationis, where one is sworn to try the issue,
+such as a juror. The oath must be lawful, allowed by the common law or
+some Act of Parliament; so Salisbury says—
+
+    _Sal._ It is a great sin to swear unto a sin;
+    But greater sin to keep a sinful oath.
+    Who can be bound by any solemn vow
+    To do a murd’rous deed, to rob a man,
+    To force a spotless virgin’s chastity,
+    To reave the orphan of his patrimony,
+    To wring the widow from her custom’d right;
+    And have no other reason for this wrong,
+    But that he was bound by a solemn oath?
+
+                                            2 _Henry VI._, Act v. Scene 1.
+
+and it must be taken before one that hath authority, not before a person
+acting in a private capacity, or pretending to have authority where he
+hath none; nor by one that goes beyond the authority which was granted.
+For such false oaths cannot amount to perjury in law, because they are of
+no validity, being coram non judice (3 Institute, 165; 4 Institute, 278,
+279; 2 Roll. Alr. 257; Wood’s Institute, 2nd ed., pp. 411, 412).
+
+    _Car._ The commons hast thou rack’d; the clergy’s bags
+    Are lank and lean with thy extortions.
+
+    _Som._ Thy sumptuous buildings, and thy wife’s attire,
+    Have cost a mass of public treasury.
+
+    _Buck._ Thy cruelty in execution
+    Upon offenders, hath exceeded law,
+    And left thee to the mercy of the law.
+
+                                            2 _Henry VI._, Act i. Scene 3.
+
+Executio est executio juris secundum judicium (3 Institute, 212). It is
+a maxim of the law of England that the execution must be according to
+the judgment, Et quæ in curia nostra rite acta sunt, debit’ executioni
+demandari debent; and for express authority, Non licet felonem pro
+felonia decollare. In the case of high treason, beheading is part of
+the judgment, and therefore the king may pardon all the rest saving
+beheading, as is usually done in case of nobility. But if a man being
+attainted of felony be beheaded, it is no execution of the judgment,
+because the judgment is, that he be hanged till he be dead: in this
+case the judgment doth belong to the judge, and he cannot alter it; the
+execution belongs to the sheriff, &c., and he cannot alter it. And if the
+execution might be altered in this case from hanging to beheading, by the
+same reason it might be altered to burning, stoning to death, &c. (3
+Institute, 211). It is worthy of notice that Shakespeare seems to have
+been well aware of the distinct offices of judge and executioner, for he
+makes Guiderius, in speaking of Cloten, say—
+
+          Why should we be tender,
+    To let an arrogant piece of flesh threat us;
+    Play judge and executioner, all himself?
+
+                                             _Cymbeline_, Act iv. Scene 2.
+
+If an officer beheads one who is adjudged to be hanged, or vice versâ, it
+is murder (I. Hale P. C. 494; I. Hawk. P. C. c. xxviii. ss. 11, 12, 17,
+18), for he is merely ministerial, and therefore only justified when he
+acts under the authority and compulsion of the law; but if the sheriff
+substitutes one kind of death for another, he then acts by his own
+authority, which does not extend to the commission of homicide (4 Bla.
+Com. 179). If the sheriff, or other proper officer, alters the execution
+or any other doth execute the offender, or if he is slain without
+authority of law, it is felony, and the law implies malice (Wood’s Inst.,
+2nd ed., p. 662). So Clarence says to the murderers hired by Gloster—
+
+    _Clar._ Are you drawn forth among a world of men
+    To slay the innocent? What is my offence?
+    Where is the evidence that doth accuse me?
+    What lawful quest have given their verdict up
+    Unto the frowning judge? or who pronounc’d
+    The bitter sentence of poor Clarence’ death?
+    Before I be convict by course of law,
+    To threaten me with death is most unlawful.
+
+                                           _Richard III._, Act i. Scene 4.
+
+To conclude this point: Judicium est legibus, non exemplis (4 Rep. 33),
+and Judicium est jurisdictum and Executio est executio juris secundum
+judicium (3 Inst. 211). Buckingham may also refer to Gloster’s cruelty in
+making the law an instrument of oppression or extortion and the liability
+thereby incurred, for Executio juris non habet injuriam (2 Inst. 481; 1
+Inst. 289a). The law in its executive capacity will not work a wrong.
+If an individual, under colour of law, does an illegal act, or if he
+abuses the process of the Court to make it an instrument of oppression
+or extortion, this is a fraud upon the law, by the commission of which
+liability will be incurred.
+
+    _Claud._ Fellow, why dost thou show me thus to the world?
+    Bear me to prison, where I am committed.
+
+    _Prov._ I do it not _in evil disposition_,
+    But from Lord Angelo by special charge.
+
+                                    _Measure for Measure_, Act i. Scene 3.
+
+Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse quia
+parere necesse est (10 Rep. 70, 76).
+
+Where a man does anything by command of a judge, the law will not
+consider that he acted from any wrongful motive, because it was necessary
+for him to comply with the orders of the judge. In 26 Ed. III. vii. 70,
+it is taken for a maxim, that the thing which an officer doth by warrant
+or command of a Court, cannot be said to be against the peace, and (Doct.
+and Stud. 150) the king’s officers are bound to execute the king’s writs
+at their peril (10 Rep. 70). When a Court has jurisdiction of a cause,
+and proceeds inverso ordine or erroneously, no action lies against the
+party who sues, or the officer or minister of the Court who executes the
+precept or process of the Court. But when the Court has no jurisdiction
+of the cause, then the whole proceeding is coram non judice, and actions
+will lie against them without any regard of the precept or process, for
+it is not necessary to obey him who is not a judge of the cause, no more
+than it is to obey a mere stranger, for the rule is, Judicium a non suo
+judice datum nullius est momenti (10 Rep. 76).
+
+    _Lady Macbeth._ What need we fear who knows it, when none can
+    call our power to account?
+
+                                                _Macbeth_, Act v. Scene 1.
+
+    _Lear._ No, they cannot touch me for coining; I am the king
+    himself.
+
+    _Goneril._ Say if I do; the laws are mine, not thine;
+    Who shall arraign me for it?
+
+                                                   _Lear_, Act v. Scene 2.
+
+Lady Macbeth, Lear, and Goneril seem to refer to the ancient and
+fundamental principle of the English constitution, that the king can do
+no wrong. Rex non potest peccare (2 Roll. R. 304; Jenk. Cent. 9, 308).
+
+    _Duke._ He dies for Claudio’s death.
+
+    _Isab._ [_kneeling._]                Most bounteous sir,
+    Look, if it please you, on this man condemn’d,
+    As if my brother liv’d. I partly think,
+    A due sincerity govern’d his deeds,
+    Till he did look on me: since it is so,
+    Let him not die. My brother had but justice,
+    In that he did the thing for which he died:
+    For Angelo,
+    His act did not o’ertake his bad intent;
+    And must be buried but as an intent
+    That perish’d by the way: thoughts are no subjects;
+    Intents but merely thoughts.
+
+                                    _Measure for Measure_, Act v. Scene 1.
+
+An evil intention is not punishable equally with the fact; Crimen
+non contrahitur nisi nocendi voluntas intercedit (Bracton, lib. cap.
+4; Wood’s Inst., 2nd ed., p. 340), except in treason, when the maxim
+Voluntas reputatur pro facto (3 Inst. 5, 69), the will is taken for the
+deed, is said to apply to its full extent. It is a rule laid down by Lord
+Mansfield, said to comprise all the principles of previous decisions in
+similar cases (per Lawrence, J., Rex _v._ Higgins, 2 East, 21), that so
+long as an act rests in bare intention, it is not punishable by the law
+of England—so Ulpian says: ‘Cogitationis pœnam nemo patitur’ (D. 48, 19,
+18), and Montesquieu: ‘Les lois ne se chargent de punir que les actions
+exterieurs’—but when an act is done, the law judges not only of the act
+itself, but of the intent with which it is done.
+
+    _Angelo._ What’s open made to justice,
+    That justice seizes.
+
+                                   _Measure for Measure_, Act ii. Scene 1.
+
+And if the act be accompanied with an unlawful and malicious intent,
+though in itself the act would otherwise be innocent, yet, the intent
+being criminal, the act likewise becomes criminal and punishable (Rex
+_v._ Scofield, 2 East, D. C. 1028). Non officit conatus, nisi sequitur
+effectus (6 Rep. 42; Wood’s Inst., 2nd ed., p. 340), for it is a
+principle of natural justice and of our law that the intent and the act
+must both concur to constitute the crime (Lord Kenyon, 7, T. R. 514). But
+where one has the use of his reason, and is at liberty, his endeavour to
+commit a felony, as to rob, &c., is punishable, though not to that degree
+as if the felony and robbery, &c., had actually been committed. For in
+such cases Voluntas non reputabitur pro facto, the will shall not be
+taken for the deed (3 Inst. 69; 11 Rep. 98).
+
+    _Ham._ Give me your pardon, sir: I’ve done you wrong;
+    But pardon’t, as you are a gentleman.
+    This presence knows, and you must needs have heard,
+    How I am punish’d with a sore distraction.
+    What I have done,
+    That might your nature, honour, and exception,
+    Roughly awake, I here proclaim was madness.
+    Was’t Hamlet wrong’d Laertes? Never Hamlet:
+    If Hamlet from himself be ta’en away,
+    And, when he’s not himself, does wrong Laertes,
+    Then Hamlet does it not; Hamlet denies it.
+
+                                                 _Hamlet_, Act v. Scene 2.
+
+In all crimes there must be an evil disposition; a mere mistake is not
+punishable; and those that are to be esteemed guilty of any offences must
+have the use of their reason, and be at their own disposal or liberty
+(Wood’s Inst., 2nd ed., p. 340, 339), for, Actus non facit reum nisi mens
+sit rea (3 Inst. 107), the act does not make a man guilty unless his
+intention were guilty. Moreover Hamlet says—
+
+    Who does it then? His madness: if’t be so,
+    Hamlet is of the faction that is wrong’d;
+    His madness is poor Hamlet’s enemy.
+
+And in criminal cases idiots and lunatics are not chargeable for their
+own acts, if committed at a time when they are non compos mentis, for it
+is a maxim of the law of England that Furiosus solo furore puniatur, a
+madman is only punished by his madness (Co. Litt. 247b; Bal. Com., 24,
+25). So Hamlet says he is of the faction that is wronged, and he seems
+to refer, not only to the maxim that the act does not make a man guilty
+unless his intentions were guilty, but afterwards, in the same passage,
+to the kind of homicide to which it is applicable—
+
+    Sir, in this audience,
+    Let my disclaiming from a purpos’d evil
+    Free me so far in your most generous thoughts,
+    That I have shot mine arrow o’er the house,
+    And hurt my brother.
+
+viz., homicide per infortunium, or by misadventure,[2] which is, where a
+man doing a lawful act, without any intention of hurt, by accident kills
+another; as, for instance, where a man is working with a hatchet, and
+the head flies off and kills a bystander. So Bracton says, ‘De amputatore
+arborum, qui cum ramum projiceret, inscius occidit transeuntem, aut
+cum quis pilam percusserit, &c., ex cujus ictu occisus est, tales de
+homicidio non tenentur’ (lib. 3, fo. 136b). If a man shooting at butts
+or a target, by accident kills a bystander, it is misadventure (I. Hale,
+472, 475, 380), but this must be understood of cases where a proper
+precaution to prevent accidents has been taken, for if the target be
+placed near a highway or path, where persons are in the habit of passing,
+the killing would probably be deemed manslaughter.
+
+    _Camillo._                 Have you thought on
+    A place whereto you’ll go?
+
+    _Florizel._                Not any yet:
+    But as th’ _unthought-on accident is guilty_
+    _To what we wildly do_, so we profess
+    Ourselves to be the slaves of chance, and flies
+    Of every wind that blows.
+
+                                         _Winter’s Tale_, Act iv. Scene 4.
+
+If the act be unlawful it is murder. As if A, meaning to steal a deer
+in the park of B, shooteth at the deer, and by a glance of the arrow,
+killeth a boy that is hidden in a bush, this is murder; for that the act
+was unlawful, although A had not intent to hurt the boy, nor knew not
+of him. Thus if B, the owner of the park, had shot at his own deer, and
+without any ill intent had killed the boy by the glance of his arrow,
+this had been homicide by misadventure, and no felony. So if one shoot at
+any wild fowl upon a tree, and the arrow killeth any reasonable creature
+afar off, without any evil intent in him, this is per infortunium,
+for it was not unlawful to shoot at the wild fowl; but if he had shot
+at a cock or a hen, or any tame fowl of another man’s, and the arrow
+by mischance had killed a man, this had been murder, for the act was
+unlawful. If a man, knowing that many people came in the street from a
+sermon, threw a stone over a wall, intending only to fear them or to give
+them a light hurt, and thereupon one is killed, this is murder; for he
+had an ill intent, though that intent extended not to death, and though
+he knew not the party slain (Marlbr. c. 25; 3 Inst. 56, 57). All crimes
+have their conception in a corrupt intent, have their consummation and
+issuing in some particular fact, which, though it be not the fact at
+which the intention of the malefactor levelled, yet the law giveth him no
+advantage of the error, if another particular ensue of as high a nature.
+As if A, having malice to B, strikes at him and misseth him and kills
+C, this is murder in A (9 Rep. 81; H. P. C. 50). So Bracton says, ‘Si
+quis unum percusserit, cum aliam percutere vellet, in felonia tenetur’
+(lib. 3, fol. 155). And if one lays poison to kill B, and C takes it and
+dies in consequence, this is murder in him that laid the poison: for,
+In criminalibus sufficit generalis malitia intentionis cum facto paris
+gradus (Bacon, Max., 65). The malice intended to one makes the accidental
+death of another to be murder (Wood’s Inst., 2nd ed., 353).
+
+    _Hub._ Stand back, Lord Salisbury, stand back I say:
+    By heaven, I think my sword’s as sharp as yours:
+    I would not have you, lord, forget yourself,
+    Nor tempt the danger of my true defence;
+    Lest I, by marking of your rage, forget
+    Your worth, your greatness, and nobility.
+
+    _Big._ Out, dunghill! dar’st thou brave a nobleman?
+
+    _Hub._ Not for my life: but yet I dare defend
+    My innocent life against an emperor.
+
+                                             _King John_, Act iv. Scene 3.
+
+Excusable homicide is se defendendo, or where one has no other possible
+means of preserving his own life than by killing the person who
+reduces him to such a necessity, for, Vim vi repellere licet, modo
+fiat moderamine inculpatæ tutelæ, non ad sumendam vindictam, sed ad
+propulsandam injuriam (I. Inst. 162a; Wood’s Inst., 2nd ed., 359).
+
+    _Alcibiades._ Who cannot condemn rashness in cold blood?
+    To kill, I grant, is sin’s extremest gust;
+    But, in defence, by mercy ’tis most just.
+
+                                      _Timon of Athens_, Act iii. Scene 5.
+
+It is said that it must be a killing upon an inevitable necessity; but
+necessity implies that the act was inevitable, or that it could not have
+been otherwise. The party assaulted is not to be excused, unless he gives
+back to the wall, hedge, river, &c., beyond which he cannot go, before
+he kills the other. But if A assault B so fiercely and violently, and in
+such a place, and in such a manner as, if B should give back, he should
+be in danger of his life, he may in this case defend himself, and if in
+that defence he killeth A, it is se defendendo, because it is not done
+felleo animo: for the rule is, when he doth it in his own defence, upon
+any inevitable cause, Quod quis ob tutelam corporis sui fecerit, jure id
+fecisse videtur (H. P. C. 41, 42; 3 Inst. 55, 56). What any one may have
+done for the protection of his person, is considered to have been done by
+law.
+
+    _Enter two_ Clowns, _with Spades, &c._
+
+    _1 Clo._ Is she to be buried in Christian burial, that wilfully
+    seeks her own salvation?
+
+    _2 Clo._ I tell thee, she is; and therefore make her grave
+    straight: the crowner hath sat on her, and finds it Christian
+    burial.
+
+    _1 Clo._ How can that be, unless she drowned herself in her own
+    defence?
+
+    _2 Clo._ Why, ’tis found so.
+
+    _1 Clo._ It must be se offendendo; it cannot be else. For here
+    lies the point: if I drown myself wittingly, it argues an act:
+    and an act has three branches; it is, to act, to do, and to
+    perform: argal, she drowned herself wittingly.
+
+    _2 Clo._ Nay, but hear you, goodman delver.
+
+    _1 Clo._ Give me leave. Here lies the water; good: here stands
+    the man; good: if the man go to this water, and drown himself,
+    it is, will he, nill he, he goes; mark you that? but if the
+    water come to him, and drown him, he drowns not himself; argal,
+    he that is not guilty of his own death, shortens not his own
+    life.
+
+    _2 Clo._ But is this law?
+
+    _1 Clo._ Ay, marry, is’t; crowner’s-quest law.
+
+                                                 _Hamlet_, Act v. Scene 1.
+
+It seems that Shakespeare has made the first clown confound a felo de se,
+or one who is guilty of self murder, with a person who commits homicide
+se defendendo, in his own defence, or, as he miscalls it, se offendendo;
+for, in answer to the second clown’s assurance that ‘the crowner hath
+sate on her and finds it Christian burial,’ he says, ‘How can that be,
+unless she drowned herself in _her own defence_?’ This is also apparent
+from his reasoning, which, although it may appear absurd, is good law;
+for he evidently means, that if the water comes to a man and drowns
+him, not wittingly, but against his inclination, he is as innocent of
+suicide as that man is innocent of murder, who, se defendendo, in his own
+defence, kills another who, felleo animo, presses upon him. And so the
+crowner found it ‘Christian burial;’ for although the ‘churlish priest’
+tells Laertes that ‘her death was doubtful,’ yet the queen says—
+
+    There, on the pendent boughs her coronet weeds
+    Clambering to hang, an envious sliver broke;
+    When down her weedy trophies, and herself,
+    Fell in the weeping brook.
+
+And although, according to this account, the water cannot be said to come
+to Ophelia, it appears that she was drowned, not ‘wittingly,’ but against
+her inclination. Suicides were not entitled to what is called ‘Christian
+burial,’ for it was formerly the custom to drive a stake through the body
+of one who had been guilty of self-murder, and to bury it in the highway;
+but this brutal law and ignominious burial has been altered by the 4 Geo.
+IV. c. 52, which directs that a person felo de se shall be buried without
+any stake driven through the body, privately in a churchyard, within
+twenty-four hours from the finding of the inquisition, and between the
+hours of nine and twelve at night; but this statute does not authorise
+the performance of the rites of burial.
+
+    _Ch. Just._ I then did use the person of your father,
+    The image of his power lay then in me:
+    And, in the administration of his law,
+    Whiles I was busy for the commonwealth,
+    Your highness pleased to forget my place,
+    The majesty and power of law and justice,
+    The image of the king whom I presented,
+    And struck me _in my very seat of judgment_;
+    Whereon, as an offender to your father,
+    I gave bold way to my authority,
+    And did commit you.
+
+                                            _2 Henry IV._, Act v. Scene 2.
+
+Injuria illata judici, seu locum tenenti regis, videtur ipsi regi illata,
+maxime si fiat in exercentem officium (3 Inst. 1).
+
+Shakespeare in this passage probably refers to this maxim, or to the law
+which it describes. The Chief Justice says, ‘When I did use the person of
+your father, &c., you struck me in my very judgment seat, whereon as an
+offender to your father I did commit you,’ and according to this maxim,
+an injury offered to a judge, or one holding the place of the king, is
+considered to be offered to the king himself, especially if done in
+exercise of the office of a judge.
+
+In the first part of ‘Shakespeare Illustrated by Old Authors,’ published
+in the year 1867, I quoted this maxim in illustration of this passage,
+beginning my comment with these words: ‘Shakespeare in this passage
+probably _refers to this maxim or the law which it describes_.’ The
+author of a book entitled ‘Shakespeare as a Lawyer’ quotes this passage
+and this maxim after saying, ‘Shakespeare, in the following passage from
+the second part of _Henry IV._, _refers to this maxim or to the law
+which it describes_,’ using the initial words of my comment. Without
+this explanation those who have read ‘Shakespeare as a Lawyer,’ and have
+not seen ‘Shakespeare Illustrated by Old Authors,’ may suppose that
+I, instead of originating this illustration, had adopted it without
+acknowledgment.
+
+This method of appropriation and concealment extends to other books of
+mine. I give one more example of many. In ‘Shakespeare’s Euphuism,’
+published in 1871, I showed that the advice of Euphues to Philatus was
+probably the origin of the advice of Polonius to Laertes, but a few years
+ago a ‘Life of Shakespeare’ was published by Smith, Elder and Co., in
+which are these words—‘In later life, Shakespeare in _Hamlet_ borrows
+from Lyly’s “Euphues” Polonius’s advice to Laertes,’ and this statement
+is made without mentioning my name or my book, from which the information
+was obtained. This and much more inclines me to say with Falstaff—
+
+    I would to God my name were not so terrible to the enemy as it
+    is.
+
+                                            _2 Henry IV._, Act i. Scene 2.
+
+Puttenham in his ‘Second Book of Proportion Poetical,’ speaking of device
+or emblem, says—
+
+    ‘The Greeks call it Emblema, the Italians Impresa, and we, a
+    Device, such as a man may put into letters of gold and send
+    to his mistresses for a token, or cause to be embroidered in
+    Scutchions of arms on any bordure of a rich garment, to give by
+    his novelty marvel to the beholder.’
+
+To this impresa Shakespeare refers in _Richard II._, when Bolingbroke,
+addressing Bushby and Green, says—
+
+    You have fed upon my signories,
+    Dispark’d my parks and fell’d my forest woods,
+    From my own windows torn my household coat,
+    Razed out my _imprese_, leaving me no sign,
+    Save men’s opinions and my living blood,
+    To show the world I am a gentleman.
+
+                                          _Richard II._, Act iii. Scene 1.
+
+The tearing of Bolingbroke’s household coat was actionable, according to
+the old maxim quoted by Coke, ‘Actio datur si quis arma, in aliquo loco
+posita, delevit seu abrasit’ (3 Institute, 202). In _Pericles_, ii. 2,
+Thaisa describes the devices on the shields of the six knights.
+
+    _Hor._                   How was this seal’d?
+
+    _Ham._ Why, even in that was heaven ordinant.
+    I had my father’s signet in my purse,
+    Which was the model of that Danish seal;
+    Folded the writ up in form of the other,
+    Subscribed it, gave’t the impression, placed it safely,
+    The changeling never known.
+
+                                                 _Hamlet_, Act v. Scene 2.
+
+Sigillum est cera impressa, quia cera sine impressione non est sigillum
+(Co. 3 Institute, 169).
+
+The wax without an impression would not be a seal. Hamlet subscribed the
+writ and also impressed the wax with his father’s signet. Crimen falsi
+dicitur, cum quis illicitus, cui non fuerit ad hæc data auctoritas, de
+sigillo regis rapto vel invento, brevia, cartasve consignaverit (Fleta).
+
+    _Lear._ No, they cannot touch me for coining; I am the king
+    himself.
+
+                                                  _Lear_, Act iv. Scene 6.
+
+Monetandi jus comprehenditur in regalibus quæ nunquam a regio sceptro
+abdicantur (Dav. 18).
+
+Shakespeare may here refer to this maxim, that the right of coining is
+comprehended in those regal rights which are never removed from the regal
+sceptre.
+
+    _Scici._ What is the city but the people?
+
+    _Cit._ True, the people are the city.
+
+                                           _Coriolanus_, Act iii. Scene 1.
+
+In this passage Shakespeare probably refers to the maxim, Civitas et urbs
+in hoc differunt quod incolæ dicuntur civitas, urbs vero complectitur
+ædificia (Mirror, cap. 2, sect. 18, Brit. fol. 87, Co. Litt. 109b). A
+city and a town differ in this, that the inhabitants are called the
+city, but the town comprises the buildings.
+
+    _Duke._ We have strict statutes, and most biting laws,
+    (The needful bits and curbs to headstrong steeds,)
+    Which for these fourteen years we have let slip;
+    Even like an o’ergrown lion in a cave,
+    That goes not out to prey. Now, as fond fathers,
+    Having bound up the threatening twigs of birch,
+    Only to stick it in their children’s sight
+    For terror, not to use; in time the rod
+    Becomes more mock’d than fear’d; so our decrees,
+    Dead to infliction, to themselves are dead;
+    And liberty plucks justice by the nose;
+    The baby beats the nurse, and quite athwart
+    Goes of decorum.
+
+                                    _Measure for Measure_, Act i. Scene 3.
+
+The wisdom of the law abhors that great offences should go unpunished,
+which was grounded without question upon these ancient maxims of law and
+state: Maleficia non debent remanere impunita, et impunitas continuum
+affectum tribuit delinquendi, et minatur innocentes qui parcit nocentibus
+(Co. Rep. iv. 45).
+
+Crimes ought not to remain unpunished, and impunity offers a continual
+temptation to the delinquent.
+
+Spes impunitatis continuum affectum tribuit delinquendi (3 Institute,
+236).
+
+    _Macb._              There’s blood upon thy face.
+
+    _Mur._ ’Tis Banquo’s, then.
+
+    _Macb._ ’Tis better thee without than he within.
+    Is he despatch’d?
+
+    _Mur._ My lord his throat is cut; that I did for him.
+
+    _Macb._ Thou art the best o’ the cut-throats:
+    Yet he’s good
+    That did the like for Fleance: if thou didst it,
+    Thou art the nonpareil.
+
+    _Mur._                  Most royal sir,
+    Fleance is ’scaped.
+
+    _Macb._ Then comes my fit again: I had else been _perfect_,
+    Whole as the marble, founded as the rock,
+    As broad and general as the casing air.
+
+                                              _Macbeth_, Act iii. Scene 3.
+
+Id perfectum est quod ex omnibus suis partibus constat; et nihil
+perfectum est dum aliquid restat agendum (9 Co. 9).
+
+Fleance had escaped, therefore Macbeth was not perfect, because something
+remained to be done to make him—
+
+    Whole as the marble, founded as the rock.
+
+    _King._                     Things done well,
+    And with a care, exempt themselves from fear;
+    Things done without example, in their issue
+    Are to be fear’d. Have you a precedent
+    Of this commission? I believe, not any.
+    We must not rend our subjects from our _laws_
+    And stick them in our _will_.
+
+                                            _Henry VIII._, Act i. Scene 2.
+
+‘Neither have judges,’ says Coke, ‘power to judge according to that which
+they think fit, but that which out of the laws they know to be right
+and consonant to law.’ Judex bonus nihil ex arbitrio suo faciat, nec
+proposito domesticæ voluntatis sed juxta leges et jura pronunciet (7 Co.
+Rep.).
+
+According to this maxim a good judge may do nothing from his free choice
+or private _will_, but he must decide according to the _laws_, and King
+Henry says—
+
+    We must not rend our subjects from our _laws_
+    And stick them in our _will_.
+
+Angelo says—
+
+                        Be you content, fair maid;
+    It is the law, not I, condemns your brother.
+    Were he my kinsman, brother or my son,
+    It should be thus with him; he must die to-morrow.
+
+                                   _Measure for Measure_, Act ii. Scene 2.
+
+And according to another maxim of the law of England, Justitia non novit
+patrem nec matrem, solam veritatem spectat justitia (I. Bulstrode, 199).
+Justice knows not father nor mother, justice looks at the truth alone.
+
+    _Hector._ Brother, she is not worth what she doth cost
+    The holding.
+
+    _Troilus._ What is aught, but as ’tis valued?
+
+Coke in his Third Institute, 105, considering how the value of a thing
+shall be construed, quotes the maxim, Tantum bona valent quantum vendi
+possunt; things are worth as much as they will sell for.
+
+    _Richard._ God save the King! Will no man say amen?
+    Am I both _priest_ and _clerk_? Well then, amen.
+
+                                      _King Richard II._, Act iv. Scene 1.
+
+Shakespeare may here refer to two legal maxims, for one says, Rex est
+persona sacra et mixta cum sacerdote (5 Co. Eccl. L), and the other says,
+Reges dicuntur clerici (Dav. 4).
+
+    _Lady Macbeth._ Alack, I am afraid they have awaked
+    And ’tis not done. The attempt and not the deed
+    Confounds us.
+
+                                               _Macbeth_, Act ii. Scene 2.
+
+Non officit _conatus_ nisi sequatur _effectus_ (11 Co. 98). _Attempt_ is
+the English of conatus, and _deed_ may represent effectus.
+
+    _Scici._ He shall be thrown down the Tarpeian rock
+    With rigorous hands; he hath resisted law,
+    And therefore law shall scorn him any further trial
+    Than the severity of the public power,
+    Which he so sets at nought.
+
+                                           _Coriolanus_, Act iii. Scene 1.
+
+Merito beneficium legis amittit, qui legem ipsam subvertere intendit
+(2 Inst. 53). According to Scicinius, Coriolanus had resisted law and
+therefore lost the benefit of the law.
+
+    _Sal._ May this be possible? may this be true?
+
+    _Mel._ Have I not hideous death within my view,
+    Retaining but a quantity of life,
+    Which bleeds away, even as a form of wax
+    Resolveth from his figure ’gainst the fire?
+    What in the world should make me now deceive,
+    Since I must lose the use of all deceit?
+    Why should I, then, be false, since it is true
+    That I must die here, and live hence by truth?
+
+                                              _King John_, Act v. Scene 4.
+
+Nemo præsumitur esse immemor suæ æternæ salutis, et maxime in articulo
+mortis (6 Co. 76).
+
+Melun was in articulo mortis, and according to this maxim no one is
+presumed to be unmindful of his eternal welfare, and especially at the
+point of death.
+
+    _Diana._ ’Tis not the many oaths that make the truth,
+    But the plain single vow, that is vow’d true.
+    What is not holy, that we swear not by,
+    But _take the Highest to witness_.
+
+                             _All’s Well That Ends Well_, Act iv. Scene 2.
+
+Jurare est Deum in testem vocare, et est actus divini cultus (3 Inst.
+165). Shakespeare evidently refers to this maxim, for to take the Highest
+to witness, est Deum in testem vocare.
+
+    _Antony._                       Hear me, queen:
+    The strong _necessity of time_ commands
+    Our services awhile; but my full heart
+    Remains in use with you.
+
+                                   _Antony and Cleopatra_, Act i. Scene 3.
+
+‘If the Bishop makes a certificate, and dies before it is received, it
+is nothing worth, but his successor ought to certify it (F. N. B. 65,
+8 E. 2, Excom. 26, 14 E. 3; ibid. 8). But note, reader, that in some
+cases the Vicar-general may certify an excommengement, that is when the
+Bishop is in remotis agendis, which is as much as to say, extra regnum,
+in the king’s service; but the Court will be apprized of it by matter of
+record, scil. by writ out of the Chancery directed to them, and not by
+the surmise of the party, and then for necessity (which is always the
+law of time, for necessitas est lex temporis) the certificate of the
+Vicar-general shall be allowed, because no other can make it’ (Co. Rep.
+viii. 69). In excuse for his going away Antony mentions the necessity of
+time, and it was the necessity of time which required and rendered valid
+the certificate of the Vicar-general.
+
+       *       *       *       *       *
+
+In the books mentioned on the title-page of this small volume, in my
+contributions to the Berlin Society for the Study of Modern Languages,
+published in Archiv. f. n. Sprachen, and in _Notes and Queries_, I have
+called attention to Shakespeare’s knowledge of old law books, of the
+Real Property Law, the Common Law and the Lex Scripta, but I think the
+knowledge and correct application of legal maxims displayed in his works
+afford the strongest evidence I have yet produced that the great poet
+must have been, for some time, a student-at-law.
+
+
+THE END
+
+                    Printed by BALLANTYNE, HANSON & CO.
+                            Edinburgh & London
+
+
+
+
+FOOTNOTES
+
+
+[1] Sententia interlocutoria revocare potest, definitiva non potest.
+
+[2] Homicide (from the Latin homicidium; homo, a man, and cido, to strike,
+kill) signifies the killing of a human creature, and it is of three kinds,
+justifiable, excusable, and felonious.
+
+
+
+
+_ERRATA._
+
+Transcriber’s Note: The errata have been corrected.
+
+
+    Page 10, Line 13, _for_ Revocare    _read_  Revocari
+      ”  18,   ”  14,   ”   Leges          ”    Legis.
+      ”  25,   ”  10,   ”   Ædificio       ”    Ædifico.
+      ”  31,   ”  13,   ”   Jurator        ”    Juratore.
+      ”  33,   ”   9,   ”   Debit          ”    Debit’
+      ”  36,   ”   9,   ”   Jussa          ”    Jussu.
+      ”  38,   ”  26,   ”   Cogitationes   ”    Cogitationis.
+      ”  38,   ”  14,   ”   Hood’s         ”    Wood’s.
+      ”  42,   ”   4,   ”   Rarmun         ”    Ramum.
+      ”  44,   ”   9,   ”   Eum aliam      ”    Cum alium.
+      ”  52,   ”  24,   ”   Quid           ”    Quia.
+      ”  53,   ”  21,   ”   Civitus        ”    Civitas.
+      ”  54,   ”  23,   ”   Debet          ”    Debent.
+      ”  54,   ”  24,   ”   Continum       ”    Continuum.
+      ”  56,   ”  13,   ”   Et             ”    Ex.
+      ”  56,   ”  14,   ”   Justa          ”    Juxta.
+
+
+
+
+*** END OF THE PROJECT GUTENBERG EBOOK 77514 ***
diff --git a/77514-h/77514-h.htm b/77514-h/77514-h.htm
new file mode 100644
index 0000000..84de379
--- /dev/null
+++ b/77514-h/77514-h.htm
@@ -0,0 +1,2499 @@
+<!DOCTYPE html>
+<html lang="en">
+<head>
+    <meta charset="UTF-8">
+    <title>
+      Shakespeare’s legal maxims | Project Gutenberg
+    </title>
+    <link rel="icon" href="images/cover.jpg" type="image/x-cover">
+    <style>
+
+a {
+    text-decoration: none;
+}
+
+body {
+    margin-left: 10%;
+    margin-right: 10%;
+}
+
+h1,h2,h3 {
+    text-align: center;
+    clear: both;
+}
+
+h2.nobreak {
+    page-break-before: avoid;
+}
+
+hr.chap {
+    margin-top: 2em;
+    margin-bottom: 2em;
+    clear: both;
+    width: 65%;
+    margin-left: 17.5%;
+    margin-right: 17.5%;
+}
+
+div.chapter {
+    page-break-before: always;
+}
+
+p {
+    margin-top: 0.5em;
+    text-align: justify;
+    margin-bottom: 0.5em;
+    text-indent: 1em;
+}
+
+table {
+    margin: 1em auto 1em auto;
+    max-width: 40em;
+    border-collapse: collapse;
+}
+
+td {
+    padding-left: 0.25em;
+    padding-right: 0.25em;
+    vertical-align: top;
+}
+
+.tdc {
+    text-align: center;
+}
+
+.tdr {
+    text-align: right;
+}
+
+blockquote {
+    margin: 1.5em 10%;
+}
+
+.center {
+    text-align: center;
+    text-indent: 0;
+}
+
+.footnotes {
+    margin-top: 1em;
+    border: dashed 1px;
+}
+
+.footnote {
+    margin-left: 10%;
+    margin-right: 10%;
+    font-size: 0.9em;
+}
+
+.footnote .label {
+    position: absolute;
+    right: 84%;
+    text-align: right;
+}
+
+.fnanchor {
+    vertical-align: super;
+    font-size: .8em;
+    text-decoration: none;
+}
+
+.hanging {
+    padding-left: 2em;
+    text-indent: -2em;
+}
+
+.larger {
+    font-size: 150%;
+}
+
+.mt2 {
+    margin-top: 2em;
+}
+
+.noindent {
+    text-indent: 0;
+}
+
+.pagenum {
+    position: absolute;
+    right: 4%;
+    font-size: smaller;
+    text-align: right;
+    font-style: normal;
+}
+
+.poetry-container {
+    text-align: center;
+}
+
+.poetry {
+    display: inline-block;
+    text-align: left;
+}
+
+.poetry-in-blockquote .poetry {
+    display: inline-block;
+    text-align: left;
+    padding-left: 1em;
+}
+
+.poetry .stanza {
+    margin: 1em 0em 1em 0em;
+}
+
+.poetry .verse {
+    padding-left: 3em;
+}
+
+.poetry .attribution {
+    margin: -.75em 0em 1em 0em;
+}
+
+.attribution .verse {
+    padding-left: 3em;
+    text-align: right;
+}
+
+.poetry .indent0 {text-indent: -3.0em;}
+.poetry .indent6 {text-indent: 0.0em;}
+.poetry .indent16 {text-indent: 5.0em;}
+.poetry .indent20 {text-indent: 7.0em;}
+
+.poetry .hemi6 {padding-left: 6em;}
+.poetry .hemi8 {padding-left: 8em;}
+.poetry .hemi10 {padding-left: 10em;}
+.poetry .hemi14 {padding-left: 14em;}
+
+.right {
+    text-align: right;
+}
+
+.smaller {
+    font-size: 80%;
+}
+
+.smcap {
+    font-variant: small-caps;
+    font-style: normal;
+}
+
+.titlepage {
+    text-align: center;
+    margin-top: 3em;
+    text-indent: 0;
+}
+
+.tp {
+    margin: 3em auto auto auto;
+    max-width: 25em;
+    font-size: smaller;
+}
+
+.tp p {
+    margin-top: 1em;
+    margin-bottom: 0;
+}
+
+.tp p.right {
+    margin-top: 0;
+    margin-bottom: 1em;
+}
+
+.transnote {
+    background-color: #E6E6FA;
+    color: black;
+    text-align: center;
+    font-size: smaller;
+    padding: 0.5em;
+}
+
+.x-ebookmaker img {
+    max-width: 100%;
+    width: auto;
+    height: auto;
+}
+
+.x-ebookmaker .poetry {
+    display: block;
+    margin-left: 1.5em;
+}
+
+.x-ebookmaker blockquote {
+    margin: 1.5em 5%;
+}
+
+    </style>
+  </head>
+<body>
+<div style='text-align:center'>*** START OF THE PROJECT GUTENBERG EBOOK 77514 ***</div>
+
+<p><span class="pagenum" id="Page_3">[3]</span></p>
+
+<h1>SHAKESPEARE’S LEGAL<br>
+MAXIMS.</h1>
+
+<p><span class="pagenum" id="Page_4">[4]</span></p>
+
+<hr class="chap x-ebookmaker-drop">
+
+<p><span class="pagenum" id="Page_5">[5]</span></p>
+
+<p class="titlepage larger">SHAKESPEARE’S LEGAL<br>
+MAXIMS.</p>
+
+<p class="titlepage"><span class="smaller">BY</span><br>
+WILLIAM LOWES RUSHTON,<br>
+<span class="smaller">OF GRAY’S INN, BARRISTER-AT-LAW.</span></p>
+
+<p class="center smaller">Corresponding Member of the Berlin Society for the Study of Modern Languages;<br>
+Corresponding Member of the State Historical Society of Wisconsin, U.S.A.;<br>
+Corresponding Member of the Manchester Shakespeare Society;<br>
+Author of ‘Shakespeare a Lawyer,’ ‘Shakespeare Illustrated by Old Authors,’<br>
+‘Shakespeare Illustrated by the Lex Scripta,’ ‘Shakespeare’s Testamentary<br>
+Language,’ ‘Shakespeare’s Euphuism,’ ‘Shakespeare an Archer,’ &amp;c.</p>
+
+<div class="tp">
+
+<p><i>Juvat integros accedere fontes atque haurire.</i></p>
+
+<p class="right"><span class="smcap">Lucretius.</span></p>
+
+<p><i>It is pleasant to handle an untouched subject.</i></p>
+
+<p class="right"><span class="smcap">Henry Fielding.</span></p>
+
+</div>
+
+<p class="titlepage"><span class="smaller">LIVERPOOL:</span><br>
+HENRY YOUNG &amp; SONS,<br>
+<span class="smaller">1907.</span></p>
+
+<p><span class="pagenum" id="Page_6">[6]</span></p>
+
+<hr class="chap x-ebookmaker-drop">
+
+<div class="chapter">
+
+<p><span class="pagenum" id="Page_7">[7]</span></p>
+
+<h2 class="nobreak" id="NOTICE">NOTICE.</h2>
+
+</div>
+
+<p>The first edition of this attempt to illustrate
+obscure passages in the works of William
+Shakespeare by legal maxims was published
+when I was a student-at-law. It was sent
+to the press for review, and some of the
+London papers referred to it as a second
+edition of ‘Shakespeare a Lawyer.’ The
+only notice I saw of it appeared in the
+<i>Liverpool Albion</i> as follows:—</p>
+
+<p>‘Not very long since, Mr. Rushton published
+a pamphlet, “Shakespeare a Lawyer,”
+which attracted considerable attention in the
+literary and theatrical world. It is well
+known that Lord Campbell, some time afterwards,
+published a similar work, availing
+himself, without acknowledgment, of Mr.
+Rushton’s labours, as the <i>Examiner</i> conclusively
+pointed out. Like its predecessor, this
+brochure shows the author is deeply read in
+law.’</p>
+
+<p><span class="pagenum" id="Page_8">[8]</span></p>
+
+<p>On page 100 of ‘William Shakespeare’
+by Karl Elze, published in Germany in 1876,
+the following may be seen:—</p>
+
+<p>‘Lord Campbell, “Shakespeare’s Legal Acquirements,”
+London, 1859—Vergl. ausserdem
+W. L. Rushton, “Shakespeare a Lawyer,”
+London, 1858. Rushton ist schon vor Lord
+Campbell zu dem gleichen Ergebnisse gekommen
+wie dieser, wenngleich sich seine Schrift
+im Uebrigen nicht mit der des letztern messen
+kann. Beachtung verdienen jedoch Rushton’s
+Erklärungen der einschlagenden Stellen bei
+Shakespeare.’</p>
+
+<p>German students of Shakespeare, who are
+induced by this note to refer to Lord Campbell’s
+‘Shakespeare’s Legal Acquirements
+Considered’ for accurate explanations of
+the law and law terms they meet with in
+Shakespeare’s works, will often be misinformed,
+because that book contains many
+mistakes in law.</p>
+
+<p>Bacon, in his ‘Legal Maxims,’ says, ‘It
+might have been more flourish and ostentation
+of reading to have vouched the authorities
+and sometimes to have enforced or
+<span class="pagenum" id="Page_9">[9]</span>noted them; yet I have abstained from that
+also, and the reason is, because I judged it
+a matter undue and preposterous to prove
+rules and maxims.’ I should have saved
+myself some trouble if I had ‘abstained from
+the flourish and ostentation’ of vouching my
+authorities.</p>
+
+<p>In the plays of Ben Jonson, George Chapman,
+and other dramatists of their time, legal
+maxims are to be seen in Latin. Shakespeare
+never quotes legal maxims in Latin, but he
+gives correct translations of them which are
+so embodied in his verse and prose that they
+have not the appearance of quotations. This
+may be one of the reasons why they have not
+been noticed by the commentators. Another
+reason may be that the commentators who
+were not members of the legal profession did
+not recognise them because they were ignorant
+of law, and the commentators who were
+lawyers did not recognise them because they
+were ignorant of Shakespeare. Shakespeare’s
+correct translations of legal maxims are, I
+think, the only satisfactory evidence we have
+of his knowledge of Latin.</p>
+
+<p><span class="pagenum" id="Page_10">[10]</span></p>
+
+<p>I now give one example of Shakespeare’s
+correct translations of the Latin maxims, and
+of the good verse he makes of it.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Dormiunt aliquando leges moriuntur nunquam.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0">The law hath not been dead, though it hath slept.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">where the verbs dormio and morior in Latin
+are represented correctly by the verbs sleep
+and die in English. Although Bacon’s legal
+maxims are twenty-five in number I have
+not found any of them in Shakespeare’s
+plays, but a portion of one of them&#x2060;<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a>—Sententia
+definitiva, revocari non potest, as I
+venture to put it—expresses the law to which
+Shakespeare refers in the <i>Comedy of Errors</i>.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Duke.</i> But, though thou art adjudged to the death,</div>
+      <div class="verse indent0">And <i>passed sentence cannot be recall’d</i></div>
+      <div class="verse indent0">But to our honour’s great disparagement,</div>
+      <div class="verse indent0">Yet will I favour thee in what I can.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Comedy of Errors</i>, Act i. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>Those who believe that Francis Bacon wrote
+the plays attributed to William Shakespeare
+<span class="pagenum" id="Page_11">[11]</span>may think that this statement is worthy of
+consideration.</p>
+
+<p>Some commentators have concluded that
+Shakespeare was not a lawyer because, as
+they say, he has made mistakes in law.
+In answer to this conclusion, I ask three
+questions.</p>
+
+<p>1. Is there a barrister or a solicitor in
+large practice, or a judge on the bench, who
+can say with truth, ‘I never made a mistake
+in law’?</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Seldom sits the judge that may not err.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Partheniades.</i></div>
+    </div>
+  </div>
+</div>
+
+<p>2. Why have we a Court of Appeal?</p>
+
+<p>3. Was it established to confirm or reverse
+the judgments and decisions of men who were
+<i>not</i> lawyers?</p>
+
+<p>But it is not necessary to cite the Court
+of Appeal to prove that even learned lawyers
+make mistakes in law. It is sufficient to
+mention Lord Campbell, who in his ‘Shakespeare’s
+Legal Acquirements Considered,’ has
+made several mistakes in law, a few of which
+I have noticed in Archiv. f. n. Sprachen and
+in ‘Shakespeare’s Testamentary Language,’
+<span class="pagenum" id="Page_12">[12]</span>published in the year 1869. The Appendix
+B. of that book concludes with these words:
+‘We all know that Lord Campbell was a
+lawyer of great experience, yet in his “Shakespeare’s
+Legal Acquirements Considered” he
+has made several mistakes in law. How, then,
+could any errors in law which I might find
+in Shakespeare’s works afford conclusive evidence
+that Shakespeare was not a lawyer?’</p>
+
+<p class="hanging mt2"><span class="smcap">4 Ullet Road, Dingle, Liverpool</span>,<br>
+<i>Long Vacation, 1907</i>.</p>
+
+<hr class="chap x-ebookmaker-drop">
+
+<div class="chapter">
+
+<p><span class="pagenum" id="Page_13">[13]</span></p>
+
+<h2 class="nobreak" id="SHAKESPEARES_LEGAL_MAXIMS">SHAKESPEARE’S LEGAL MAXIMS.</h2>
+
+</div>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Qui genus humanum ingenio superavit, et omnis</div>
+      <div class="verse indent0">Restinxit, stellas exortus uti aerius sol.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Lucretius.</i></div>
+    </div>
+  </div>
+</div>
+
+<p>The lawyer, when he reads attentively the
+works of William Shakespeare, may not be
+more surprised by the poet’s correct use of
+law terms, and intimate acquaintance with
+legal customs and tenures, and the lex
+scripta, than by his extensive and profound
+knowledge of the maxims of the English
+law.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Portia.</i> To offend and judge are distinct offices,</div>
+      <div class="verse indent0">And of opposed natures.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Merchant of Venice</i>, Act iii. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Queen Katherine.</i> <span class="hemi6">I do believe,</span></div>
+      <div class="verse indent0">Induc’d by potent circumstances, that</div>
+      <div class="verse indent0">You are mine enemy; and make my challenge</div>
+      <div class="verse indent0">You shall not be my judge: for it is you</div>
+      <div class="verse indent0">Have blown this coal betwixt my lord and me,—Which</div>
+<span class="pagenum" id="Page_14">[14]</span>      <div class="verse indent0">God’s dew quench!—Therefore I say again,</div>
+      <div class="verse indent0">I utterly abhor, yea, from my soul</div>
+      <div class="verse indent0">Refuse you for my judge; whom yet once more</div>
+      <div class="verse indent0">I hold my malicious foe, and think not</div>
+      <div class="verse indent0">At all a friend to truth.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Henry VIII.</i>, Act ii. Scene 4.</div>
+    </div>
+  </div>
+</div>
+
+<p>Nemo debet esse judex in suâ propriâ causâ
+(12 Rep. 113). No one ought to be a judge
+in his own cause. It is a fundamental rule
+in the administration of justice that a man
+cannot be judge in a cause in which he is
+interested (per cur. 2 Stra. 1173). Nemo
+sibi esse judex vel suis jus dicere debet
+(C. 3, 5, 1).</p>
+
+<p>If a man will prescribe, that if any cattle
+were upon the demeanes of the manor, there
+doing damage, that the lord of the manor
+for the time being hath used to distrain
+them, and the distress to retain till fine were
+made to him for the damages at his will,
+this prescription is void; because <i>it is against
+reason, that if wrong be done any man, that
+he thereof should be his own judge</i>; for by
+such way, if he had damages but to the
+value of a halfpenny, he might assess and
+have therefor one hundred pounds, which
+<span class="pagenum" id="Page_15">[15]</span>would be against reason. And so such prescription,
+or any other prescription used, if
+it be against reason, this ought not nor will
+not be allowed before judges; Quia malus
+usus abolendus est. An evil or invalid
+custom ought to be abolished (Co. Litt. s.
+212). It is also a maxim of the law of
+England, that Aliquis non debet esse judex
+in propriâ suâ causâ quia non potest esse
+judex et pars (Co. Litt. 141a).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Olivia.</i> This practice hath most shrewdly pass’d upon thee;</div>
+      <div class="verse indent0">But, when we know the grounds and authors of it,</div>
+      <div class="verse indent0">Thou shalt be both the plaintiff and the judge</div>
+      <div class="verse indent0">Of thine own cause.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Twelfth Night</i>, Act v. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>Portia and Queen Katherine both seem to
+refer to this maxim; and Olivia promises,
+when the persons are discovered who have
+made Malvolio—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent16">The most notorious geek and gull</div>
+      <div class="verse indent0">That e’er invention play’d on,—</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">that she will then allow him to be both
+plaintiff and judge of his own cause,
+<span class="pagenum" id="Page_16">[16]</span>notwithstanding that Nemo debet esse judex in
+propriâ suâ causâ.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Shy.</i> My deeds upon my head! I crave the law,</div>
+      <div class="verse indent0">The penalty and forfeit of my bond.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Por.</i> Is he not able to discharge the money?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Bass.</i> Yes, here I tender it for him in the court;</div>
+      <div class="verse indent0">Yea, twice the sum: if that will not suffice,</div>
+      <div class="verse indent0">I will be bound to pay it ten times o’er,</div>
+      <div class="verse indent0">On forfeit of my hands, my head, my heart:</div>
+      <div class="verse indent0">If this will not suffice, it must appear</div>
+      <div class="verse indent0">That malice bears down truth. And, I beseech you,</div>
+      <div class="verse indent0">Wrest once the law to your authority:</div>
+      <div class="verse indent0">To do a great right, do a little wrong;</div>
+      <div class="verse indent0">And curb this cruel devil of his will.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Por.</i> It must not be; there is no power in Venice</div>
+      <div class="verse indent0">Can alter a decree established:</div>
+      <div class="verse indent0">’Twill be recorded for a precedent;</div>
+      <div class="verse indent0">And many an error, by the same example,</div>
+      <div class="verse indent0">Will rush into the state: it cannot be.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Merchant of Venice</i>, Act iv. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>Portia may expound the law of Venice,
+but in the English law it is an established
+rule to abide by former precedents, stare
+decisis, where the same points come again
+in litigation. An English judge is sworn to
+determine, not according to his own private
+<span class="pagenum" id="Page_17">[17]</span>judgment (see per Lord Camden, 19 Howell’s
+State Trials, 1071; per Williams, L. 4, Cl. and
+Fin. 729), but according to the known laws
+and customs of the land; not appointed to
+pronounce a new law, but to maintain and
+expound the old, Jus dicere et non jus dare:
+(I. Bla. Com. per Lord Kenyon, C. J., 5 T. R.
+682, 6 Id. 605, and 8 Id. 239; per Grose, J.,
+13 East, 321; per Lord Hardwick, C. Ellis
+v. Smith. 1 ves Jun. 16 T. R. 696, I. B. &amp; B.
+563). Stare decisis et non quieta movere—to
+stand by things as decided, and not to
+disturb those things which are tranquil, for
+Omnis innovatio plus novitate perturbat quam
+utilitate prodest (2 Bulstr. 388);—every
+innovation occasions more harm and derangement
+of order by its novelty, than benefit by
+its abstract utility. The ancient judges of
+the law have ever (as appeareth in our books)
+suppressed innovations and novelties in the
+beginning, as soon as they have offered to
+creep up, lest the quiet of the common law
+might be disturbed, and so have Acts of
+Parliament done the like (Co. Litt. 379b).
+The judges say in one book, ‘We will not
+change the law which always hath been
+<span class="pagenum" id="Page_18">[18]</span>used’; and another saith, ‘It is better that
+it be turned into a default than the law
+should be changed, or any innovation made’
+(Co. Litt. 282b).</p>
+
+<p>The rule—stare decisis—does, however,
+admit of exceptions, where the former determination
+is most evidently contrary to
+reason or divine law.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Cranmer.</i> Ah, my good lord of Winchester, I thank you;</div>
+      <div class="verse indent0">You are always my good friend: if you will pass,</div>
+      <div class="verse indent0">I shall both find your lordship judge and juror.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Henry VIII.</i>, Act v. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>Ad quæstionem facti non respondent judices
+ad quæstionem legis non respondent juratores
+(8 Rep. 308).</p>
+
+<p>It is the office of the judge to instruct the
+jury in points of law—of the jury to decide
+on matters of fact. It is the office of the
+judges to instruct the grand assize or jury
+in points of law; for as the grand assize or
+other jurors are triers of the matters of fact,
+ad quæstionem facti non respondent judices,
+so, ad quæstionem juris non respondent juratores.
+It is of the greatest consequence to
+<span class="pagenum" id="Page_19">[19]</span>the law of England and to the subject that
+these powers of the judge and jury be kept
+distinct, that the judge determine the law, and
+the jury the fact; and if ever they come to
+be confounded, it will prove the confusion
+and destruction of the law of England (Rex
+v. Poole, Cas. temp. Hardw. 28).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Eli.</i> What now, my son! have I not ever said,</div>
+      <div class="verse indent0">How that ambitious Constance would not cease,</div>
+      <div class="verse indent0">Till she had kindled France, and all the world,</div>
+      <div class="verse indent0">Upon the right and party of her son?</div>
+      <div class="verse indent0">This might have been prevented, and made whole,</div>
+      <div class="verse indent0">With very easy arguments of love;</div>
+      <div class="verse indent0">Which now the manage of two kingdoms must</div>
+      <div class="verse indent0">With fearful bloody issue arbitrate.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>K. John.</i> Our strong possession, and our right for us.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Eli.</i> Your strong possession, much more than your right,</div>
+      <div class="verse indent0">Or else it might go wrong with you and me:</div>
+      <div class="verse indent0">So much my conscience whispers in your ear,</div>
+      <div class="verse indent0">Which none but heaven, and you, and I, shall hear.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>King John</i>, Act i. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>In æquali jure melior est conditio possidentis
+(Plowd. 296). Where the right is
+equal, the claim of the party in possession
+shall prevail. The lowest and most imperfect
+<span class="pagenum" id="Page_20">[20]</span>degree of title consists in the mere naked
+possession, or actual occupation of the estate,
+without any apparent right, or any shadow
+or pretence of right, to hold and continue
+such possession. This may happen when
+one man invades the possession of another,
+and by force or surprise turns him out of
+the occupation of his lands; which is termed
+a desseisin, being a deprivation of that
+actual seisin, or corporal freehold of the
+lands, which the tenant before enjoyed (2 Bla.
+Com. 195; 1 Institute, 345). Or it may
+happen that after the death of the ancestor
+and before the entry of the heir, or after the
+death of the particular tenant and before the
+entry of him in remainder or reversion, a
+stranger may contrive to get possession of
+the vacant land, and hold out him that had
+a right to enter. In such cases the wrong-doer
+has only a mere naked possession, which
+the rightful owner may put an end to by a
+variety of legal remedies. But until some
+act be done by the rightful owner to divest
+this possession and assert his title, such
+actual possession is prima facie evidence of
+a legal title in the possessor; and it may
+<span class="pagenum" id="Page_21">[21]</span>by length of time, and negligence of him
+who hath the right, by degrees ripen into
+a perfect and indefeasible title (Bla. Com.
+196).</p>
+
+<p>King John seems to refer to this maxim
+when he says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Our strong possession and our right for us.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">but Elinor says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Your strong possession much more than your right,</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">because John was not in æquali jure with
+Arthur, but he was a wrong-doer, having
+merely a naked possession; for after the
+death of Richard I., John occupied the throne
+in defiance of the right of his nephew Arthur,
+who was the son of John’s elder brother
+Geoffry.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Hamlet.</i> <span class="hemi6">Farewell, dear mother.</span></div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>King.</i> Thy loving father, Hamlet.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Hamlet.</i> My mother: father and mother is man and wife;</div>
+      <div class="verse indent0">Man and wife is one flesh; and so, my mother.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Hamlet</i>, Act iv. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Vir et uxor sunt quasi unica persona, quia
+<span class="pagenum" id="Page_22">[22]</span>caro una, et sanguis unus. (Bracton, lib. 5,
+Tract. 5, cap. 25).</p>
+
+<p>Man and wife are as one person, because
+they are one flesh and blood. A man may
+not grant nor give his tenements to his wife,
+during the coverture, for that his wife and
+he be but one person in law (Litt. S. 168).</p>
+
+<p>If a joint estate be made of land to a
+husband and wife and to a third person, in
+this case the husband and wife have in law
+in their right but the moiety, and the third
+person shall have as much as the husband
+and the wife, viz. the other moiety. And
+the cause is, for that the husband and wife
+are but one person in law, and are in like
+case as if an estate be made to two joint
+tenants, where the one hath by force of the
+jointure the one moiety in law, and the other
+the other moiety (Litt. S. 221): for the
+husband and wife are accounted to be one
+person in law, Duæ animæ in carne una
+(Lex divina, and see 4 Rep. 118).</p>
+
+<blockquote>
+
+<p><i>Fal.</i> Of what quality was your love, then?</p>
+
+<p><i>Ford.</i> Like a fair house, built upon another
+man’s ground; so that I have lost my edifice,
+by mistaking the place where I erected it.</p>
+
+<p class="right"><i>Merry Wives of Windsor</i>, Act ii. Scene 2.</p>
+
+</blockquote>
+
+<p><span class="pagenum" id="Page_23">[23]</span></p>
+
+<blockquote>
+
+<p><i>Quick.</i> Marry, sir, I come to your worship from
+Mistress Ford.</p>
+
+<p><i>Fal.</i> Mistress Ford! I have had ford enough;
+I was thrown into the ford; I have my belly
+full of ford.</p>
+
+<p><i>Quick.</i> Alas the day! good heart, that was not
+her fault: she does so take on with her men;
+they mistook their erection.</p>
+
+<p><i>Fal.</i> So did I mine, to build upon a foolish
+woman’s promise.</p>
+
+<p class="right"><i>Merry Wives of Windsor</i>, Act iii. Scene 5.</p>
+
+</blockquote>
+
+<p>Quicquid plantatur solo solo cedit (Went.
+Off. Ex. 14 ed. 145). Whatever is affixed
+to the soil belongs to the soil. It is a general
+and a very ancient rule of law that whatever
+is affixed to the soil becomes, in contemplation
+of law, a part of the soil, and is consequently
+subject to the same rights of property
+as the soil itself. The ancient common law,
+regarding land as of far more consequence
+than any chattel which could be fixed to it,
+always considered everything attached to the
+land as part of the land (4 Rep. 64a; Lord
+Raymond, 738; Mackintosh v. Trotter,
+3 Mee &amp; Wel. 184, 186). Hence it follows
+that houses themselves, which consist of an
+aggregate of chattels personal (namely, timber,
+<span class="pagenum" id="Page_24">[24]</span>bricks, &amp;c.) fixed to the land, were regarded
+as land and passed by a conveyance of the
+land without express mention; and this is
+the law at the present time. So if a man
+eject another from land and afterwards build
+upon it, the building belongs to the owner
+of the ground on which it is built, according
+to the principle Ædificatum solo solo cedit.
+But where a man, supposing that he has a
+good title to an estate, builds upon the land
+with the knowledge of the real owner, who
+allows the erections to be made, without
+giving any notice of his claim, the Court of
+Chancery will compel him, in a suit brought
+for the recovery of the land, to make due
+allowance and compensation for such improvements.
+Ford evidently refers to this maxim,
+and Falstaff probably intends this much to
+be understood, that he committed as great
+a mistake, by building upon a foolish woman’s
+promise, as they make who build upon
+another man’s ground. Shakespeare does not
+in either of these passages, as Lord Campbell
+supposed, refer to Cujus est solum ejus est
+usque ad cœlum, which expresses the extent
+of the rights of the owner of land, but he
+<span class="pagenum" id="Page_25">[25]</span>refers to the maxim Ædificatum solo solo
+cedit, which expresses the action of building
+on another man’s land and the legal consequence
+of doing so.</p>
+
+<p>When Shakespeare quotes a legal maxim
+he generally gives the words of the maxim
+and the law which it describes. So Ford
+makes use of the verb ‘build’ and the noun
+‘edifice’ which words are exact translations
+of ædifico and ædificium.</p>
+
+<p>George Chapman, in ‘May Day,’ makes a
+humorous application of Ædificium cedit
+solo. Ædificatum solo solo cedit, and Quicquid
+plantatur solo solo cedit, have their
+origin in Justinian’s Institutes.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Angelo.</i> The law hath not been dead, though it hath slept.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act ii. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Dormiunt aliquando leges, moriuntur nunquam.
+The laws sometimes sleep, they never
+die. Although it was a maxim of the civil
+law that as laws might be established by
+custom, they could likewise become obsolete
+by disuse or be abrogated by contrary usage,
+Ea vero quæ ipsa sibi quæque civitas constituit
+<span class="pagenum" id="Page_26">[26]</span>sæpe mutari solent vel tacito consensu
+populi vel aliâ posteâ, lege latâ (I. L. 2, 11,
+Irving, Civil Law, 4th ed., 123): and by the
+law of Scotland a statute is said to lose its
+force by disuse (Stair, Macdonal, Wallace),
+if it has not been in execution for sixty years,
+and, according to some Scotch lawyers for
+a hundred years, and a distinction is made
+between statutes which are as it were half
+obsolete and those in viridi observantiâ, yet
+by the law of England every statute continues
+in force until it is repealed by a
+subsequent Act of Parliament. Lex Angliæ
+sine parliamento mutari non potest (2 Institute,
+619), for nothing is so agreeable
+to natural equity as that everything should
+be dissolved by the same means which
+made it binding. Nihil tam conveniens
+est naturali æquitati quam unumquodque
+dissolvi eo ligamine quo ligatum est (2 Institute,
+360).</p>
+
+<p>The statutes can only be altered or repealed
+by the same authority by which they were
+made—jura eodem modo distituuntur quo
+constituuntur (Dwarr. Stats. 672), eodem
+<span class="pagenum" id="Page_27">[27]</span>ligamine quo ligatum est dissolvitur (Co. Litt.
+212b).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Wolsey.</i> <span class="hemi14">That seal</span></div>
+      <div class="verse indent0">You ask with such a violence, the king</div>
+      <div class="verse indent0">(Mine and your master) with <i>his own hand gave me</i>;</div>
+      <div class="verse indent0">Bad me enjoy it, with the place and honours,</div>
+      <div class="verse indent0">During my life; and to confirm his goodness,</div>
+      <div class="verse indent0">Tied it by letters-patents:—now, who’ll take it?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Sur.</i> The king, that gave it.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Wol.</i> <span class="hemi10">It must be himself, then.</span></div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Henry VIII.</i>, Act iii. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>The Lord Chancellor (a cancellando, from
+his power to cancel letters patent, being
+the highest point of his jurisdiction) or Lord
+Keeper, is the chief judge in the extraordinary
+Court of Equity, as well as in the ordinary
+Court of Common Law (4 Inst. 79, 82, 88,
+Wood’s Inst. 2nd ed. pp. 459, 460). He
+is not made by letters patent, but by the
+delivery of the Great or Broad Seal to him,
+and by taking an oath to serve the king
+and his people faithfully in the office of Lord
+Chancellor (4 Inst. 87). He is made Lord
+Chancellor of England or Lord Keeper of the
+Great Seal, per traditionem magni sigilli sibi
+per dominum regem, and by taking his oath
+<span class="pagenum" id="Page_28">[28]</span>forma cancellarium constituendi regnante
+Henrico Secundo fuit appendendo magnum
+Angliæ sigillum ad collum cancellarii electi
+(Camden, p. 131). Thus the delivery of the
+king’s seal or the taking it away, alluded to
+by Shakespeare in this passage, is the ceremony
+used in making or unmaking a Lord
+Chancellor. Some have gotten it by letters
+patent at will (35 Hen. VI. 3 b. of Winch.,
+I Hen. VI. sec. 16) and one for term of
+his life (Cardinal Wolsey); but it was holden
+void, because an ancient office must be granted
+as it hath been accustomed (4 Inst. 87).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Ant. E.</i> What, will you murder me? Thou gaoler, thou,</div>
+      <div class="verse indent0">I am thy prisoner: wilt thou suffer them</div>
+      <div class="verse indent0">To make a rescue?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Off.</i> <span class="hemi6">Masters, let him go:</span></div>
+      <div class="verse indent0">He is my prisoner, and you shall not have him.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Pinch.</i> Go bind this man, for he is frantic too.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Adr.</i> What wilt thou do, thou peevish officer?</div>
+      <div class="verse indent0">Hast thou delight to see a wretched man</div>
+      <div class="verse indent0">Do outrage and displeasure to himself?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Off.</i> He is my prisoner: if I let him go,</div>
+      <div class="verse indent0">The debt he owes will be requir’d of me.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Comedy of Errors</i>, Act iv. Scene 4.</div>
+    </div>
+  </div>
+</div>
+
+<p>If a sheriff or a gaoler suffers a prisoner,
+<span class="pagenum" id="Page_29">[29]</span>who is taken upon mesne process (that is,
+during the pendency of a suit) to escape,
+he is liable to an action on the case (Cro.
+Eliz., 625). But if after judgment a gaoler
+or a sheriff permit a debtor to escape, who
+is charged in execution for a certain sum,
+the debt immediately becomes his own, and
+he is compellable by an action of debt, being
+for a liquated sum and ascertained, to satisfy
+the creditor his whole demand; which doctrine
+is grounded on the Equity of the Statute of
+Westminster second (13 Edw. I. c. 11, and
+I. Rich. II. c. 12. Bro. Alr. t. parliament,
+192; Inst. 382; 3 Bla. Com. 165), ubi jus ibi
+remedium (I. T. R. 512). There is no wrong
+without a remedy. Jus, in the sense in which
+it is used in this maxim, signifies ‘the legal
+authority to do or to demand something’
+(Mackfield, Civ. Law, 6). Remedium may be
+defined to be the right of action, or the means
+given by law for the recovery of a right, and,
+according to this maxim, whenever the law
+gives anything, it gives a remedy for the
+same; Lex semper dabit remedium (Jacob,
+Law Dic. title Remedy, Bac. Alr., actions
+in general). Every injury to a legal right
+<span class="pagenum" id="Page_30">[30]</span>necessarily imports damage in the nature of
+it, though there be no pecuniary loss (per
+Holt, C. J., Ashly v. White, 2 Lord Raymond).
+Thus where a prisoner is in execution or final
+process, the creditor has a right to the body
+of his debtor every hour till the debt is paid;
+and an escape of the debtor, for ever so short
+a time, is necessarily a damage to him, and
+an action for an escape lies (Williams v.
+Mostyn, 4 M. &amp; W. 153; Wylie v. Birch,
+4 Qu. B. 566, 567; Clifton v. Hooper, 6 Qu.
+B. 468).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>York.</i> I took an oath that he should quietly reign.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Edw.</i> But, for a kingdom, any oath may be broken:</div>
+      <div class="verse indent0">I would break a thousand oaths to reign one year.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Rich.</i> No; God forbid, your grace should be forsworn.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>York.</i> I shall be, if I claim by open war.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Rich.</i> I’ll prove the contrary, if you’ll hear me speak.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>York.</i> Thou canst not, son; it is impossible.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Rich.</i> An oath is of no moment, being not took</div>
+      <div class="verse indent0">Before a true and lawful magistrate,</div>
+<span class="pagenum" id="Page_31">[31]</span>      <div class="verse indent0">That hath authority over him that swears:</div>
+      <div class="verse indent0">Henry had none, but did usurp the place;</div>
+      <div class="verse indent0">Then, seeing ’twas he that made you to depose,</div>
+      <div class="verse indent0">Your oath, my lord, is vain and frivolous.</div>
+      <div class="verse indent0">Therefore, to arms.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse">3 <i>Henry VI.</i>, Act i. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>An oath is an affirmation or denial of
+anything <i>before one that hath authority to
+administer the same</i>, calling God to witness
+that his testimony is true (3 Inst. 165, C. 74).
+Sacramentum, habet in se tres comites, veritatem,
+justiciam et judicium; veritas habenda
+est in juratore; justicia et judicium in judice
+(Bracton, I. 4, f. 186). Four sorts of oaths
+have been enumerated, viz., Juramentum
+promissionis, where an oath is taken to do
+or not to do such a thing (it appears that
+York had taken an oath of this description);
+Juramentum purgationis, which is where a
+person is charged with any matter by bill
+in Equity; Juramentum probationis, where
+one is produced as a witness to prove or
+disprove a thing; and Juramentum triationis,
+where one is sworn to try the issue, such as
+a juror. The oath must be lawful, allowed
+<span class="pagenum" id="Page_32">[32]</span>by the common law or some Act of Parliament;
+so Salisbury says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Sal.</i> It is a great sin to swear unto a sin;</div>
+      <div class="verse indent0">But greater sin to keep a sinful oath.</div>
+      <div class="verse indent0">Who can be bound by any solemn vow</div>
+      <div class="verse indent0">To do a murd’rous deed, to rob a man,</div>
+      <div class="verse indent0">To force a spotless virgin’s chastity,</div>
+      <div class="verse indent0">To reave the orphan of his patrimony,</div>
+      <div class="verse indent0">To wring the widow from her custom’d right;</div>
+      <div class="verse indent0">And have no other reason for this wrong,</div>
+      <div class="verse indent0">But that he was bound by a solemn oath?</div>
+    </div>
+    <div class="attribution">
+      <div class="verse">2 <i>Henry VI.</i>, Act v. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">and it must be taken before one that hath
+authority, not before a person acting in a
+private capacity, or pretending to have
+authority where he hath none; nor by one
+that goes beyond the authority which was
+granted. For such false oaths cannot amount
+to perjury in law, because they are of no
+validity, being coram non judice (3 Institute,
+165; 4 Institute, 278, 279; 2 Roll. Alr. 257;
+Wood’s Institute, 2nd ed., pp. 411, 412).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Car.</i> The commons hast thou rack’d; the clergy’s bags</div>
+      <div class="verse indent0">Are lank and lean with thy extortions.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Som.</i> Thy sumptuous buildings, and thy wife’s attire,</div>
+      <div class="verse indent0">Have cost a mass of public treasury.</div>
+<span class="pagenum" id="Page_33">[33]</span>    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Buck.</i> Thy cruelty in execution</div>
+      <div class="verse indent0">Upon offenders, hath exceeded law,</div>
+      <div class="verse indent0">And left thee to the mercy of the law.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse">2 <i>Henry VI.</i>, Act i. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Executio est executio juris secundum judicium
+(3 Institute, 212). It is a maxim of the
+law of England that the execution must be
+according to the judgment, Et quæ in curia
+nostra rite acta sunt, debit’ executioni demandari
+debent; and for express authority,
+Non licet felonem pro felonia decollare. In
+the case of high treason, beheading is part
+of the judgment, and therefore the king may
+pardon all the rest saving beheading, as is
+usually done in case of nobility. But if a
+man being attainted of felony be beheaded,
+it is no execution of the judgment, because
+the judgment is, that he be hanged till he
+be dead: in this case the judgment doth
+belong to the judge, and he cannot alter it;
+the execution belongs to the sheriff, &amp;c., and
+he cannot alter it. And if the execution
+might be altered in this case from hanging
+to beheading, by the same reason it might
+be altered to burning, stoning to death, &amp;c.
+<span class="pagenum" id="Page_34">[34]</span>(3 Institute, 211). It is worthy of notice that
+Shakespeare seems to have been well aware
+of the distinct offices of judge and executioner,
+for he makes Guiderius, in speaking of Cloten,
+say—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent6">Why should we be tender,</div>
+      <div class="verse indent0">To let an arrogant piece of flesh threat us;</div>
+      <div class="verse indent0">Play judge and executioner, all himself?</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Cymbeline</i>, Act iv. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>If an officer beheads one who is adjudged
+to be hanged, or vice versâ, it is murder
+(I. Hale P. C. 494; I. Hawk. P. C. c. xxviii.
+ss. 11, 12, 17, 18), for he is merely ministerial,
+and therefore only justified when he acts
+under the authority and compulsion of the
+law; but if the sheriff substitutes one kind
+of death for another, he then acts by his
+own authority, which does not extend to the
+commission of homicide (4 Bla. Com. 179).
+If the sheriff, or other proper officer, alters
+the execution or any other doth execute the
+offender, or if he is slain without authority
+of law, it is felony, and the law implies
+malice (Wood’s Inst., 2nd ed., p. 662). So
+<span class="pagenum" id="Page_35">[35]</span>Clarence says to the murderers hired by
+Gloster—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Clar.</i> Are you drawn forth among a world of men</div>
+      <div class="verse indent0">To slay the innocent? What is my offence?</div>
+      <div class="verse indent0">Where is the evidence that doth accuse me?</div>
+      <div class="verse indent0">What lawful quest have given their verdict up</div>
+      <div class="verse indent0">Unto the frowning judge? or who pronounc’d</div>
+      <div class="verse indent0">The bitter sentence of poor Clarence’ death?</div>
+      <div class="verse indent0">Before I be convict by course of law,</div>
+      <div class="verse indent0">To threaten me with death is most unlawful.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Richard III.</i>, Act i. Scene 4.</div>
+    </div>
+  </div>
+</div>
+
+<p>To conclude this point: Judicium est
+legibus, non exemplis (4 Rep. 33), and
+Judicium est jurisdictum and Executio est
+executio juris secundum judicium (3 Inst. 211).
+Buckingham may also refer to Gloster’s cruelty
+in making the law an instrument of oppression
+or extortion and the liability thereby
+incurred, for Executio juris non habet injuriam
+(2 Inst. 481; 1 Inst. 289a). The
+law in its executive capacity will not work
+a wrong. If an individual, under colour of
+law, does an illegal act, or if he abuses the
+process of the Court to make it an instrument
+of oppression or extortion, this is a fraud
+<span class="pagenum" id="Page_36">[36]</span>upon the law, by the commission of which
+liability will be incurred.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Claud.</i> Fellow, why dost thou show me thus to the world?</div>
+      <div class="verse indent0">Bear me to prison, where I am committed.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Prov.</i> I do it not <i>in evil disposition</i>,</div>
+      <div class="verse indent0">But from Lord Angelo by special charge.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act i. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Qui jussu judicis aliquod fecerit non videtur
+dolo malo fecisse quia parere necesse est
+(10 Rep. 70, 76).</p>
+
+<p>Where a man does anything by command
+of a judge, the law will not consider that he
+acted from any wrongful motive, because it
+was necessary for him to comply with the
+orders of the judge. In 26 Ed. III. vii. 70,
+it is taken for a maxim, that the thing which
+an officer doth by warrant or command of a
+Court, cannot be said to be against the peace,
+and (Doct. and Stud. 150) the king’s officers
+are bound to execute the king’s writs at their
+peril (10 Rep. 70). When a Court has jurisdiction
+of a cause, and proceeds inverso ordine
+or erroneously, no action lies against the
+party who sues, or the officer or minister of
+the Court who executes the precept or process
+<span class="pagenum" id="Page_37">[37]</span>of the Court. But when the Court has no
+jurisdiction of the cause, then the whole
+proceeding is coram non judice, and actions
+will lie against them without any regard of
+the precept or process, for it is not necessary
+to obey him who is not a judge of the cause,
+no more than it is to obey a mere stranger,
+for the rule is, Judicium a non suo judice
+datum nullius est momenti (10 Rep. 76).</p>
+
+<blockquote>
+
+<p><i>Lady Macbeth.</i> What need we fear who knows
+it, when none can call our power to account?</p>
+
+<p class="right"><i>Macbeth</i>, Act v. Scene 1.</p>
+
+</blockquote>
+
+<blockquote>
+
+<p><i>Lear.</i> No, they cannot touch me for coining;
+I am the king himself.</p>
+
+<div class="poetry-in-blockquote">
+  <div class="poetry">
+    <div class="verse indent0"><i>Goneril.</i> Say if I do; the laws are mine, not thine;</div>
+    <div class="verse indent0">Who shall arraign me for it?</div>
+  </div>
+</div>
+
+<p class="right"><i>Lear</i>, Act v. Scene 2.</p>
+
+</blockquote>
+
+<p>Lady Macbeth, Lear, and Goneril seem to
+refer to the ancient and fundamental principle
+of the English constitution, that the king
+can do no wrong. Rex non potest peccare
+(2 Roll. R. 304; Jenk. Cent. 9, 308).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Duke.</i> He dies for Claudio’s death.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Isab.</i> [<i>kneeling.</i>] <span class="hemi6">Most bounteous sir,</span></div>
+      <div class="verse indent0">Look, if it please you, on this man condemn’d,</div>
+<span class="pagenum" id="Page_38">[38]</span>      <div class="verse indent0">As if my brother liv’d. I partly think,</div>
+      <div class="verse indent0">A due sincerity govern’d his deeds,</div>
+      <div class="verse indent0">Till he did look on me: since it is so,</div>
+      <div class="verse indent0">Let him not die. My brother had but justice,</div>
+      <div class="verse indent0">In that he did the thing for which he died:</div>
+      <div class="verse indent0">For Angelo,</div>
+      <div class="verse indent0">His act did not o’ertake his bad intent;</div>
+      <div class="verse indent0">And must be buried but as an intent</div>
+      <div class="verse indent0">That perish’d by the way: thoughts are no subjects;</div>
+      <div class="verse indent0">Intents but merely thoughts.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act v. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>An evil intention is not punishable equally
+with the fact; Crimen non contrahitur nisi
+nocendi voluntas intercedit (Bracton, lib. cap.
+4; Wood’s Inst., 2nd ed., p. 340), except in
+treason, when the maxim Voluntas reputatur
+pro facto (3 Inst. 5, 69), the will is taken
+for the deed, is said to apply to its full
+extent. It is a rule laid down by Lord
+Mansfield, said to comprise all the principles
+of previous decisions in similar cases (per
+Lawrence, J., Rex <i>v.</i> Higgins, 2 East, 21),
+that so long as an act rests in bare intention,
+it is not punishable by the law of England—so
+Ulpian says: ‘Cogitationis pœnam nemo
+patitur’ (D. 48, 19, 18), and Montesquieu:
+<span class="pagenum" id="Page_39">[39]</span>‘Les lois ne se chargent de punir que les
+actions exterieurs’—but when an act is done,
+the law judges not only of the act itself, but
+of the intent with which it is done.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Angelo.</i> What’s open made to justice,</div>
+      <div class="verse indent0">That justice seizes.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act ii. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">And if the act be accompanied with an unlawful
+and malicious intent, though in itself the
+act would otherwise be innocent, yet, the
+intent being criminal, the act likewise becomes
+criminal and punishable (Rex <i>v.</i> Scofield, 2
+East, D. C. 1028). Non officit conatus, nisi
+sequitur effectus (6 Rep. 42; Wood’s Inst.,
+2nd ed., p. 340), for it is a principle of
+natural justice and of our law that the intent
+and the act must both concur to constitute
+the crime (Lord Kenyon, 7, T. R. 514). But
+where one has the use of his reason, and is at
+liberty, his endeavour to commit a felony, as
+to rob, &amp;c., is punishable, though not to that
+degree as if the felony and robbery, &amp;c., had
+actually been committed. For in such cases
+Voluntas non reputabitur pro facto, the will
+<span class="pagenum" id="Page_40">[40]</span>shall not be taken for the deed (3 Inst.
+69; 11 Rep. 98).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Ham.</i> Give me your pardon, sir: I’ve done you wrong;</div>
+      <div class="verse indent0">But pardon’t, as you are a gentleman.</div>
+      <div class="verse indent0">This presence knows, and you must needs have heard,</div>
+      <div class="verse indent0">How I am punish’d with a sore distraction.</div>
+      <div class="verse indent0">What I have done,</div>
+      <div class="verse indent0">That might your nature, honour, and exception,</div>
+      <div class="verse indent0">Roughly awake, I here proclaim was madness.</div>
+      <div class="verse indent0">Was’t Hamlet wrong’d Laertes? Never Hamlet:</div>
+      <div class="verse indent0">If Hamlet from himself be ta’en away,</div>
+      <div class="verse indent0">And, when he’s not himself, does wrong Laertes,</div>
+      <div class="verse indent0">Then Hamlet does it not; Hamlet denies it.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Hamlet</i>, Act v. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>In all crimes there must be an evil disposition;
+a mere mistake is not punishable; and
+those that are to be esteemed guilty of any
+offences must have the use of their reason, and
+be at their own disposal or liberty (Wood’s
+Inst., 2nd ed., p. 340, 339), for, Actus non
+facit reum nisi mens sit rea (3 Inst. 107), the
+act does not make a man guilty unless his intention
+were guilty. Moreover Hamlet says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Who does it then? His madness: if’t be so,</div>
+      <div class="verse indent0">Hamlet is of the faction that is wrong’d;</div>
+      <div class="verse indent0">His madness is poor Hamlet’s enemy.</div>
+    </div>
+  </div>
+</div>
+
+<p><span class="pagenum" id="Page_41">[41]</span></p>
+
+<p class="noindent">And in criminal cases idiots and lunatics are
+not chargeable for their own acts, if committed
+at a time when they are non compos mentis,
+for it is a maxim of the law of England that
+Furiosus solo furore puniatur, a madman
+is only punished by his madness (Co. Litt.
+247b; Bal. Com., 24, 25). So Hamlet says
+he is of the faction that is wronged, and
+he seems to refer, not only to the maxim that
+the act does not make a man guilty unless his
+intentions were guilty, but afterwards, in the
+same passage, to the kind of homicide to
+which it is applicable—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Sir, in this audience,</div>
+      <div class="verse indent0">Let my disclaiming from a purpos’d evil</div>
+      <div class="verse indent0">Free me so far in your most generous thoughts,</div>
+      <div class="verse indent0">That I have shot mine arrow o’er the house,</div>
+      <div class="verse indent0">And hurt my brother.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">viz., homicide per infortunium, or by misadventure,&#x2060;<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a>
+which is, where a man doing a
+lawful act, without any intention of hurt, by
+accident kills another; as, for instance, where
+<span class="pagenum" id="Page_42">[42]</span>a man is working with a hatchet, and the
+head flies off and kills a bystander. So
+Bracton says, ‘De amputatore arborum, qui
+cum ramum projiceret, inscius occidit transeuntem,
+aut cum quis pilam percusserit, &amp;c.,
+ex cujus ictu occisus est, tales de homicidio
+non tenentur’ (lib. 3, fo. 136b). If a man
+shooting at butts or a target, by accident kills
+a bystander, it is misadventure (I. Hale, 472,
+475, 380), but this must be understood of
+cases where a proper precaution to prevent
+accidents has been taken, for if the target be
+placed near a highway or path, where persons
+are in the habit of passing, the killing would
+probably be deemed manslaughter.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Camillo.</i> <span class="hemi6">Have you thought on</span></div>
+      <div class="verse indent0">A place whereto you’ll go?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Florizel.</i> <span class="hemi8">Not any yet:</span></div>
+      <div class="verse indent0">But as th’ <i>unthought-on accident is guilty</i></div>
+      <div class="verse indent0"><i>To what we wildly do</i>, so we profess</div>
+      <div class="verse indent0">Ourselves to be the slaves of chance, and flies</div>
+      <div class="verse indent0">Of every wind that blows.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Winter’s Tale</i>, Act iv. Scene 4.</div>
+    </div>
+  </div>
+</div>
+
+<p>If the act be unlawful it is murder. As if
+A, meaning to steal a deer in the park of B,
+shooteth at the deer, and by a glance of the
+<span class="pagenum" id="Page_43">[43]</span>arrow, killeth a boy that is hidden in a bush,
+this is murder; for that the act was unlawful,
+although A had not intent to hurt the boy,
+nor knew not of him. Thus if B, the owner
+of the park, had shot at his own deer, and
+without any ill intent had killed the boy by
+the glance of his arrow, this had been homicide
+by misadventure, and no felony. So if
+one shoot at any wild fowl upon a tree, and
+the arrow killeth any reasonable creature afar
+off, without any evil intent in him, this is
+per infortunium, for it was not unlawful to
+shoot at the wild fowl; but if he had shot at
+a cock or a hen, or any tame fowl of another
+man’s, and the arrow by mischance had killed
+a man, this had been murder, for the act was
+unlawful. If a man, knowing that many
+people came in the street from a sermon,
+threw a stone over a wall, intending only to
+fear them or to give them a light hurt, and
+thereupon one is killed, this is murder; for he
+had an ill intent, though that intent extended
+not to death, and though he knew not the
+party slain (Marlbr. c. 25; 3 Inst. 56, 57).
+All crimes have their conception in a corrupt
+intent, have their consummation and issuing
+<span class="pagenum" id="Page_44">[44]</span>in some particular fact, which, though it be
+not the fact at which the intention of the
+malefactor levelled, yet the law giveth him no
+advantage of the error, if another particular
+ensue of as high a nature. As if A, having
+malice to B, strikes at him and misseth him
+and kills C, this is murder in A (9 Rep. 81;
+H. P. C. 50). So Bracton says, ‘Si quis
+unum percusserit, cum aliam percutere vellet,
+in felonia tenetur’ (lib. 3, fol. 155). And if
+one lays poison to kill B, and C takes it and
+dies in consequence, this is murder in him
+that laid the poison: for, In criminalibus
+sufficit generalis malitia intentionis cum facto
+paris gradus (Bacon, Max., 65). The malice
+intended to one makes the accidental death of
+another to be murder (Wood’s Inst., 2nd ed.,
+353).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Hub.</i> Stand back, Lord Salisbury, stand back I say:</div>
+      <div class="verse indent0">By heaven, I think my sword’s as sharp as yours:</div>
+      <div class="verse indent0">I would not have you, lord, forget yourself,</div>
+      <div class="verse indent0">Nor tempt the danger of my true defence;</div>
+      <div class="verse indent0">Lest I, by marking of your rage, forget</div>
+      <div class="verse indent0">Your worth, your greatness, and nobility.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Big.</i> Out, dunghill! dar’st thou brave a nobleman?</div>
+<span class="pagenum" id="Page_45">[45]</span>    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Hub.</i> Not for my life: but yet I dare defend</div>
+      <div class="verse indent0">My innocent life against an emperor.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>King John</i>, Act iv. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Excusable homicide is se defendendo, or
+where one has no other possible means of
+preserving his own life than by killing the
+person who reduces him to such a necessity,
+for, Vim vi repellere licet, modo fiat moderamine
+inculpatæ tutelæ, non ad sumendam
+vindictam, sed ad propulsandam injuriam
+(I. Inst. 162a; Wood’s Inst., 2nd ed., 359).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Alcibiades.</i> Who cannot condemn rashness in cold blood?</div>
+      <div class="verse indent0">To kill, I grant, is sin’s extremest gust;</div>
+      <div class="verse indent0">But, in defence, by mercy ’tis most just.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Timon of Athens</i>, Act iii. Scene 5.</div>
+    </div>
+  </div>
+</div>
+
+<p>It is said that it must be a killing upon
+an inevitable necessity; but necessity implies
+that the act was inevitable, or that it could
+not have been otherwise. The party assaulted
+is not to be excused, unless he gives back to
+the wall, hedge, river, &amp;c., beyond which he
+cannot go, before he kills the other. But if
+A assault B so fiercely and violently, and in
+such a place, and in such a manner as, if B
+<span class="pagenum" id="Page_46">[46]</span>should give back, he should be in danger of
+his life, he may in this case defend himself,
+and if in that defence he killeth A, it is se
+defendendo, because it is not done felleo
+animo: for the rule is, when he doth it in his
+own defence, upon any inevitable cause, Quod
+quis ob tutelam corporis sui fecerit, jure id
+fecisse videtur (H. P. C. 41, 42; 3 Inst. 55,
+56). What any one may have done for the
+protection of his person, is considered to have
+been done by law.</p>
+
+<blockquote>
+
+<p class="center"><i>Enter two</i> Clowns, <i>with Spades, &amp;c.</i></p>
+
+<p><i>1 Clo.</i> Is she to be buried in Christian burial,
+that wilfully seeks her own salvation?</p>
+
+<p><i>2 Clo.</i> I tell thee, she is; and therefore make
+her grave straight: the crowner hath sat on her,
+and finds it Christian burial.</p>
+
+<p><i>1 Clo.</i> How can that be, unless she drowned
+herself in her own defence?</p>
+
+<p><i>2 Clo.</i> Why, ’tis found so.</p>
+
+<p><i>1 Clo.</i> It must be se offendendo; it cannot be
+else. For here lies the point: if I drown myself
+wittingly, it argues an act: and an act has three
+branches; it is, to act, to do, and to perform: argal,
+she drowned herself wittingly.</p>
+
+<p><i>2 Clo.</i> Nay, but hear you, goodman delver.</p>
+
+<p><i>1 Clo.</i> Give me leave. Here lies the water;
+<span class="pagenum" id="Page_47">[47]</span>good: here stands the man; good: if the man go
+to this water, and drown himself, it is, will he, nill
+he, he goes; mark you that? but if the water
+come to him, and drown him, he drowns not himself;
+argal, he that is not guilty of his own death,
+shortens not his own life.</p>
+
+<p><i>2 Clo.</i> But is this law?</p>
+
+<p><i>1 Clo.</i> Ay, marry, is’t; crowner’s-quest law.</p>
+
+<p class="right"><i>Hamlet</i>, Act v. Scene 1.</p>
+
+</blockquote>
+
+<p>It seems that Shakespeare has made the
+first clown confound a felo de se, or one who
+is guilty of self murder, with a person who
+commits homicide se defendendo, in his own
+defence, or, as he miscalls it, se offendendo;
+for, in answer to the second clown’s assurance
+that ‘the crowner hath sate on her and finds it
+Christian burial,’ he says, ‘How can that be,
+unless she drowned herself in <i>her own
+defence</i>?’ This is also apparent from his
+reasoning, which, although it may appear
+absurd, is good law; for he evidently means,
+that if the water comes to a man and drowns
+him, not wittingly, but against his inclination,
+he is as innocent of suicide as that man is
+innocent of murder, who, se defendendo, in
+his own defence, kills another who, felleo
+animo, presses upon him. And so the crowner
+<span class="pagenum" id="Page_48">[48]</span>found it ‘Christian burial;’ for although the
+‘churlish priest’ tells Laertes that ‘her death
+was doubtful,’ yet the queen says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">There, on the pendent boughs her coronet weeds</div>
+      <div class="verse indent0">Clambering to hang, an envious sliver broke;</div>
+      <div class="verse indent0">When down her weedy trophies, and herself,</div>
+      <div class="verse indent0">Fell in the weeping brook.</div>
+    </div>
+  </div>
+</div>
+
+<p class="noindent">And although, according to this account, the
+water cannot be said to come to Ophelia, it
+appears that she was drowned, not ‘wittingly,’
+but against her inclination. Suicides were
+not entitled to what is called ‘Christian burial,’
+for it was formerly the custom to drive a
+stake through the body of one who had been
+guilty of self-murder, and to bury it in the
+highway; but this brutal law and ignominious
+burial has been altered by the 4 Geo. IV.
+c. 52, which directs that a person felo de se
+shall be buried without any stake driven
+through the body, privately in a churchyard,
+within twenty-four hours from the finding of
+the inquisition, and between the hours of nine
+and twelve at night; but this statute does
+not authorise the performance of the rites
+of burial.</p>
+
+<p><span class="pagenum" id="Page_49">[49]</span></p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Ch. Just.</i> I then did use the person of your father,</div>
+      <div class="verse indent0">The image of his power lay then in me:</div>
+      <div class="verse indent0">And, in the administration of his law,</div>
+      <div class="verse indent0">Whiles I was busy for the commonwealth,</div>
+      <div class="verse indent0">Your highness pleased to forget my place,</div>
+      <div class="verse indent0">The majesty and power of law and justice,</div>
+      <div class="verse indent0">The image of the king whom I presented,</div>
+      <div class="verse indent0">And struck me <i>in my very seat of judgment</i>;</div>
+      <div class="verse indent0">Whereon, as an offender to your father,</div>
+      <div class="verse indent0">I gave bold way to my authority,</div>
+      <div class="verse indent0">And did commit you.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>2 Henry IV.</i>, Act v. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>Injuria illata judici, seu locum tenenti regis,
+videtur ipsi regi illata, maxime si fiat in exercentem
+officium (3 Inst. 1).</p>
+
+<p>Shakespeare in this passage probably refers
+to this maxim, or to the law which it describes.
+The Chief Justice says, ‘When I did
+use the person of your father, &amp;c., you struck
+me in my very judgment seat, whereon as an
+offender to your father I did commit you,’ and
+according to this maxim, an injury offered to
+a judge, or one holding the place of the king,
+is considered to be offered to the king himself,
+especially if done in exercise of the office of a
+judge.</p>
+
+<p><span class="pagenum" id="Page_50">[50]</span></p>
+
+<p>In the first part of ‘Shakespeare Illustrated
+by Old Authors,’ published in the year
+1867, I quoted this maxim in illustration of
+this passage, beginning my comment with
+these words: ‘Shakespeare in this passage
+probably <i>refers to this maxim or the law
+which it describes</i>.’ The author of a book
+entitled ‘Shakespeare as a Lawyer’ quotes
+this passage and this maxim after saying,
+‘Shakespeare, in the following passage from
+the second part of <i>Henry IV.</i>, <i>refers to this
+maxim or to the law which it describes</i>,’ using
+the initial words of my comment. Without
+this explanation those who have read ‘Shakespeare
+as a Lawyer,’ and have not seen
+‘Shakespeare Illustrated by Old Authors,’
+may suppose that I, instead of originating
+this illustration, had adopted it without
+acknowledgment.</p>
+
+<p>This method of appropriation and concealment
+extends to other books of mine. I give
+one more example of many. In ‘Shakespeare’s
+Euphuism,’ published in 1871, I showed that
+the advice of Euphues to Philatus was probably
+the origin of the advice of Polonius to Laertes,
+but a few years ago a ‘Life of Shakespeare’
+<span class="pagenum" id="Page_51">[51]</span>was published by Smith, Elder and Co.,
+in which are these words—‘In later life,
+Shakespeare in <i>Hamlet</i> borrows from Lyly’s
+“Euphues” Polonius’s advice to Laertes,’ and
+this statement is made without mentioning
+my name or my book, from which the information
+was obtained. This and much more
+inclines me to say with Falstaff—</p>
+
+<blockquote>
+
+<p>I would to God my name were not so terrible
+to the enemy as it is.</p>
+
+<p class="right"><i>2 Henry IV.</i>, Act i. Scene 2.</p>
+
+</blockquote>
+
+<p>Puttenham in his ‘Second Book of Proportion
+Poetical,’ speaking of device or emblem,
+says—</p>
+
+<blockquote>
+
+<p>‘The Greeks call it Emblema, the Italians
+Impresa, and we, a Device, such as a man may
+put into letters of gold and send to his mistresses
+for a token, or cause to be embroidered in
+Scutchions of arms on any bordure of a rich
+garment, to give by his novelty marvel to the
+beholder.’</p>
+
+</blockquote>
+
+<p>To this impresa Shakespeare refers in
+<i>Richard II.</i>, when Bolingbroke, addressing
+Bushby and Green, says—</p>
+
+<p><span class="pagenum" id="Page_52">[52]</span></p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">You have fed upon my signories,</div>
+      <div class="verse indent0">Dispark’d my parks and fell’d my forest woods,</div>
+      <div class="verse indent0">From my own windows torn my household coat,</div>
+      <div class="verse indent0">Razed out my <i>imprese</i>, leaving me no sign,</div>
+      <div class="verse indent0">Save men’s opinions and my living blood,</div>
+      <div class="verse indent0">To show the world I am a gentleman.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Richard II.</i>, Act iii. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>The tearing of Bolingbroke’s household
+coat was actionable, according to the old
+maxim quoted by Coke, ‘Actio datur si quis
+arma, in aliquo loco posita, delevit seu abrasit’
+(3 Institute, 202). In <i>Pericles</i>, ii. 2, Thaisa
+describes the devices on the shields of the
+six knights.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Hor.</i> <span class="hemi8">How was this seal’d?</span></div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Ham.</i> Why, even in that was heaven ordinant.</div>
+      <div class="verse indent0">I had my father’s signet in my purse,</div>
+      <div class="verse indent0">Which was the model of that Danish seal;</div>
+      <div class="verse indent0">Folded the writ up in form of the other,</div>
+      <div class="verse indent0">Subscribed it, gave’t the impression, placed it safely,</div>
+      <div class="verse indent0">The changeling never known.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Hamlet</i>, Act v. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>Sigillum est cera impressa, quia cera sine
+impressione non est sigillum (Co. 3 Institute,
+169).</p>
+
+<p>The wax without an impression would
+<span class="pagenum" id="Page_53">[53]</span>not be a seal. Hamlet subscribed the writ
+and also impressed the wax with his father’s
+signet. Crimen falsi dicitur, cum quis
+illicitus, cui non fuerit ad hæc data auctoritas,
+de sigillo regis rapto vel invento, brevia,
+cartasve consignaverit (Fleta).</p>
+
+<blockquote>
+
+<p><i>Lear.</i> No, they cannot touch me for coining;
+I am the king himself.</p>
+
+<p class="right"><i>Lear</i>, Act iv. Scene 6.</p>
+
+</blockquote>
+
+<p>Monetandi jus comprehenditur in regalibus
+quæ nunquam a regio sceptro abdicantur
+(Dav. 18).</p>
+
+<p>Shakespeare may here refer to this maxim,
+that the right of coining is comprehended
+in those regal rights which are never removed
+from the regal sceptre.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Scici.</i> What is the city but the people?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Cit.</i> True, the people are the city.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Coriolanus</i>, Act iii. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>In this passage Shakespeare probably refers
+to the maxim, Civitas et urbs in hoc differunt
+quod incolæ dicuntur civitas, urbs
+vero complectitur ædificia (Mirror, cap. 2,
+sect. 18, Brit. fol. 87, Co. Litt. 109b). A
+<span class="pagenum" id="Page_54">[54]</span>city and a town differ in this, that the inhabitants
+are called the city, but the town
+comprises the buildings.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Duke.</i> We have strict statutes, and most biting laws,</div>
+      <div class="verse indent0">(The needful bits and curbs to headstrong steeds,)</div>
+      <div class="verse indent0">Which for these fourteen years we have let slip;</div>
+      <div class="verse indent0">Even like an o’ergrown lion in a cave,</div>
+      <div class="verse indent0">That goes not out to prey. Now, as fond fathers,</div>
+      <div class="verse indent0">Having bound up the threatening twigs of birch,</div>
+      <div class="verse indent0">Only to stick it in their children’s sight</div>
+      <div class="verse indent0">For terror, not to use; in time the rod</div>
+      <div class="verse indent0">Becomes more mock’d than fear’d; so our decrees,</div>
+      <div class="verse indent0">Dead to infliction, to themselves are dead;</div>
+      <div class="verse indent0">And liberty plucks justice by the nose;</div>
+      <div class="verse indent0">The baby beats the nurse, and quite athwart</div>
+      <div class="verse indent0">Goes of decorum.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act i. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>The wisdom of the law abhors that great
+offences should go unpunished, which was
+grounded without question upon these ancient
+maxims of law and state: Maleficia non
+debent remanere impunita, et impunitas continuum
+affectum tribuit delinquendi, et minatur
+innocentes qui parcit nocentibus (Co. Rep.
+iv. 45).</p>
+
+<p>Crimes ought not to remain unpunished,
+<span class="pagenum" id="Page_55">[55]</span>and impunity offers a continual temptation
+to the delinquent.</p>
+
+<p>Spes impunitatis continuum affectum tribuit
+delinquendi (3 Institute, 236).</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Macb.</i> <span class="hemi6">There’s blood upon thy face.</span></div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Mur.</i> ’Tis Banquo’s, then.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Macb.</i> ’Tis better thee without than he within.</div>
+      <div class="verse indent0">Is he despatch’d?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Mur.</i> My lord his throat is cut; that I did for him.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Macb.</i> Thou art the best o’ the cut-throats:</div>
+      <div class="verse indent0">Yet he’s good</div>
+      <div class="verse indent0">That did the like for Fleance: if thou didst it,</div>
+      <div class="verse indent0">Thou art the nonpareil.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Mur.</i> <span class="hemi8">Most royal sir,</span></div>
+      <div class="verse indent0">Fleance is ’scaped.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Macb.</i> Then comes my fit again: I had else been <i>perfect</i>,</div>
+      <div class="verse indent0">Whole as the marble, founded as the rock,</div>
+      <div class="verse indent0">As broad and general as the casing air.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Macbeth</i>, Act iii. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p>Id perfectum est quod ex omnibus suis
+partibus constat; et nihil perfectum est dum
+aliquid restat agendum (9 Co. 9).</p>
+
+<p>Fleance had escaped, therefore Macbeth
+was not perfect, because something remained
+to be done to make him—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">Whole as the marble, founded as the rock.</div>
+    </div>
+  </div>
+</div>
+
+<p><span class="pagenum" id="Page_56">[56]</span></p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>King.</i> <span class="hemi10">Things done well,</span></div>
+      <div class="verse indent0">And with a care, exempt themselves from fear;</div>
+      <div class="verse indent0">Things done without example, in their issue</div>
+      <div class="verse indent0">Are to be fear’d. Have you a precedent</div>
+      <div class="verse indent0">Of this commission? I believe, not any.</div>
+      <div class="verse indent0">We must not rend our subjects from our <i>laws</i></div>
+      <div class="verse indent0">And stick them in our <i>will</i>.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Henry VIII.</i>, Act i. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>‘Neither have judges,’ says Coke, ‘power
+to judge according to that which they think
+fit, but that which out of the laws they know
+to be right and consonant to law.’ Judex
+bonus nihil ex arbitrio suo faciat, nec proposito
+domesticæ voluntatis sed juxta leges
+et jura pronunciet (7 Co. Rep.).</p>
+
+<p>According to this maxim a good judge
+may do nothing from his free choice or
+private <i>will</i>, but he must decide according
+to the <i>laws</i>, and King Henry says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0">We must not rend our subjects from our <i>laws</i></div>
+      <div class="verse indent0">And stick them in our <i>will</i>.</div>
+    </div>
+  </div>
+</div>
+
+<p>Angelo says—</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent20">Be you content, fair maid;</div>
+      <div class="verse indent0">It is the law, not I, condemns your brother.</div>
+      <div class="verse indent0">Were he my kinsman, brother or my son,</div>
+      <div class="verse indent0">It should be thus with him; he must die to-morrow.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Measure for Measure</i>, Act ii. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p><span class="pagenum" id="Page_57">[57]</span></p>
+
+<p class="noindent">And according to another maxim of the law
+of England, Justitia non novit patrem nec
+matrem, solam veritatem spectat justitia (I.
+Bulstrode, 199). Justice knows not father
+nor mother, justice looks at the truth alone.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Hector.</i> Brother, she is not worth what she doth cost</div>
+      <div class="verse indent0">The holding.</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Troilus.</i> What is aught, but as ’tis valued?</div>
+    </div>
+  </div>
+</div>
+
+<p>Coke in his Third Institute, 105, considering
+how the value of a thing shall be construed,
+quotes the maxim, Tantum bona
+valent quantum vendi possunt; things are
+worth as much as they will sell for.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Richard.</i> God save the King! Will no man say amen?</div>
+      <div class="verse indent0">Am I both <i>priest</i> and <i>clerk</i>? Well then, amen.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>King Richard II.</i>, Act iv. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>Shakespeare may here refer to two legal
+maxims, for one says, Rex est persona sacra
+et mixta cum sacerdote (5 Co. Eccl. L),
+and the other says, Reges dicuntur clerici
+(Dav. 4).</p>
+
+<p><span class="pagenum" id="Page_58">[58]</span></p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Lady Macbeth.</i> Alack, I am afraid they have awaked</div>
+      <div class="verse indent0">And ’tis not done. The attempt and not the deed</div>
+      <div class="verse indent0">Confounds us.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Macbeth</i>, Act ii. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>Non officit <i>conatus</i> nisi sequatur <i>effectus</i>
+(11 Co. 98). <i>Attempt</i> is the English of conatus,
+and <i>deed</i> may represent effectus.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Scici.</i> He shall be thrown down the Tarpeian rock</div>
+      <div class="verse indent0">With rigorous hands; he hath resisted law,</div>
+      <div class="verse indent0">And therefore law shall scorn him any further trial</div>
+      <div class="verse indent0">Than the severity of the public power,</div>
+      <div class="verse indent0">Which he so sets at nought.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Coriolanus</i>, Act iii. Scene 1.</div>
+    </div>
+  </div>
+</div>
+
+<p>Merito beneficium legis amittit, qui legem
+ipsam subvertere intendit (2 Inst. 53).
+According to Scicinius, Coriolanus had resisted
+law and therefore lost the benefit of
+the law.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Sal.</i> May this be possible? may this be true?</div>
+    </div>
+    <div class="stanza">
+      <div class="verse indent0"><i>Mel.</i> Have I not hideous death within my view,</div>
+      <div class="verse indent0">Retaining but a quantity of life,</div>
+      <div class="verse indent0">Which bleeds away, even as a form of wax</div>
+      <div class="verse indent0">Resolveth from his figure ’gainst the fire?</div>
+<span class="pagenum" id="Page_59">[59]</span>      <div class="verse indent0">What in the world should make me now deceive,</div>
+      <div class="verse indent0">Since I must lose the use of all deceit?</div>
+      <div class="verse indent0">Why should I, then, be false, since it is true</div>
+      <div class="verse indent0">That I must die here, and live hence by truth?</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>King John</i>, Act v. Scene 4.</div>
+    </div>
+  </div>
+</div>
+
+<p>Nemo præsumitur esse immemor suæ
+æternæ salutis, et maxime in articulo mortis
+(6 Co. 76).</p>
+
+<p>Melun was in articulo mortis, and according
+to this maxim no one is presumed to be
+unmindful of his eternal welfare, and especially
+at the point of death.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Diana.</i> ’Tis not the many oaths that make the truth,</div>
+      <div class="verse indent0">But the plain single vow, that is vow’d true.</div>
+      <div class="verse indent0">What is not holy, that we swear not by,</div>
+      <div class="verse indent0">But <i>take the Highest to witness</i>.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>All’s Well That Ends Well</i>, Act iv. Scene 2.</div>
+    </div>
+  </div>
+</div>
+
+<p>Jurare est Deum in testem vocare, et est
+actus divini cultus (3 Inst. 165). Shakespeare
+evidently refers to this maxim, for to take
+the Highest to witness, est Deum in testem
+vocare.</p>
+
+<div class="poetry-container">
+  <div class="poetry">
+    <div class="stanza">
+      <div class="verse indent0"><i>Antony.</i> <span class="hemi8">Hear me, queen:</span></div>
+      <div class="verse indent0">The strong <i>necessity of time</i> commands</div>
+      <div class="verse indent0">Our services awhile; but my full heart</div>
+      <div class="verse indent0">Remains in use with you.</div>
+    </div>
+    <div class="attribution">
+      <div class="verse"><i>Antony and Cleopatra</i>, Act i. Scene 3.</div>
+    </div>
+  </div>
+</div>
+
+<p><span class="pagenum" id="Page_60">[60]</span></p>
+
+<p>‘If the Bishop makes a certificate, and
+dies before it is received, it is nothing worth,
+but his successor ought to certify it (F. N.
+B. 65, 8 E. 2, Excom. 26, 14 E. 3; ibid. 8).
+But note, reader, that in some cases the Vicar-general
+may certify an excommengement,
+that is when the Bishop is in remotis agendis,
+which is as much as to say, extra regnum,
+in the king’s service; but the Court will
+be apprized of it by matter of record, scil.
+by writ out of the Chancery directed to them,
+and not by the surmise of the party, and
+then for necessity (which is always the law
+of time, for necessitas est lex temporis) the
+certificate of the Vicar-general shall be
+allowed, because no other can make it’
+(Co. Rep. viii. 69). In excuse for his going
+away Antony mentions the necessity of time,
+and it was the necessity of time which required
+and rendered valid the certificate of
+the Vicar-general.</p>
+
+<p class="mt2">In the books mentioned on the title-page
+of this small volume, in my contributions
+to the Berlin Society for the Study of Modern
+Languages, published in Archiv. f. n. Sprachen,
+<span class="pagenum" id="Page_61">[61]</span>and in <i>Notes and Queries</i>, I have called attention
+to Shakespeare’s knowledge of old
+law books, of the Real Property Law, the
+Common Law and the Lex Scripta, but I
+think the knowledge and correct application
+of legal maxims displayed in his works afford
+the strongest evidence I have yet produced
+that the great poet must have been, for some
+time, a student-at-law.</p>
+
+<p class="titlepage">THE END</p>
+
+<p class="center smaller">Printed by <span class="smcap">Ballantyne,
+Hanson &amp; Co.</span><br>
+Edinburgh &amp; London</p>
+
+<hr class="chap x-ebookmaker-drop">
+
+<div class="footnotes">
+
+<div class="chapter">
+
+<h2 class="nobreak" id="FOOTNOTES">FOOTNOTES</h2>
+
+</div>
+
+<div class="footnote"><p><a id="Footnote_1" href="#FNanchor_1" class="label">[1]</a> Sententia interlocutoria revocare potest, definitiva non
+potest.</p></div>
+
+<div class="footnote"><p><a id="Footnote_2" href="#FNanchor_2" class="label">[2]</a> Homicide (from the Latin homicidium; homo, a man,
+and cido, to strike, kill) signifies the killing of a human
+creature, and it is of three kinds, justifiable, excusable, and
+felonious.</p></div>
+
+</div>
+
+<hr class="chap x-ebookmaker-drop">
+
+<div class="chapter">
+
+<h2 class="nobreak" id="ERRATA"><i>ERRATA.</i></h2>
+
+</div>
+
+<div class="transnote">Transcriber’s Note: The errata have been corrected.</div>
+
+<table>
+  <tr>
+    <td>Page</td>
+    <td class="tdr"><a href="#Page_10">10</a>,</td>
+    <td>Line</td>
+    <td class="tdr">13,</td>
+    <td><i>for</i></td>
+    <td>Revocare</td>
+    <td><i>read</i></td>
+    <td>Revocari</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_18">18</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">14,</td>
+    <td class="tdc">”</td>
+    <td>Leges</td>
+    <td class="tdc">”</td>
+    <td>Legis.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_25">25</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">10,</td>
+    <td class="tdc">”</td>
+    <td>Ædificio</td>
+    <td class="tdc">”</td>
+    <td>Ædifico.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_31">31</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">13,</td>
+    <td class="tdc">”</td>
+    <td>Jurator</td>
+    <td class="tdc">”</td>
+    <td>Juratore.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_33">33</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">9,</td>
+    <td class="tdc">”</td>
+    <td>Debit</td>
+    <td class="tdc">”</td>
+    <td>Debit’</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_36">36</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">9,</td>
+    <td class="tdc">”</td>
+    <td>Jussa</td>
+    <td class="tdc">”</td>
+    <td>Jussu.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_38">38</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">26,</td>
+    <td class="tdc">”</td>
+    <td>Cogitationes</td>
+    <td class="tdc">”</td>
+    <td>Cogitationis.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_38">38</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">14,</td>
+    <td class="tdc">”</td>
+    <td>Hood’s</td>
+    <td class="tdc">”</td>
+    <td>Wood’s.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_42">42</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">4,</td>
+    <td class="tdc">”</td>
+    <td>Rarmun</td>
+    <td class="tdc">”</td>
+    <td>Ramum.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_44">44</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">9,</td>
+    <td class="tdc">”</td>
+    <td>Eum aliam</td>
+    <td class="tdc">”</td>
+    <td>Cum alium.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_52">52</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">24,</td>
+    <td class="tdc">”</td>
+    <td>Quid</td>
+    <td class="tdc">”</td>
+    <td>Quia.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_53">53</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">21,</td>
+    <td class="tdc">”</td>
+    <td>Civitus</td>
+    <td class="tdc">”</td>
+    <td>Civitas.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_54">54</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">23,</td>
+    <td class="tdc">”</td>
+    <td>Debet</td>
+    <td class="tdc">”</td>
+    <td>Debent.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_54">54</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">24,</td>
+    <td class="tdc">”</td>
+    <td>Continum</td>
+    <td class="tdc">”</td>
+    <td>Continuum.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_56">56</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">13,</td>
+    <td class="tdc">”</td>
+    <td>Et</td>
+    <td class="tdc">”</td>
+    <td>Ex.</td>
+  </tr>
+  <tr>
+    <td class="tdc">”</td>
+    <td class="tdr"><a href="#Page_56">56</a>,</td>
+    <td class="tdc">”</td>
+    <td class="tdr">14,</td>
+    <td class="tdc">”</td>
+    <td>Justa</td>
+    <td class="tdc">”</td>
+    <td>Juxta.</td>
+  </tr>
+</table>
+
+<div style='text-align:center'>*** END OF THE PROJECT GUTENBERG EBOOK 77514 ***</div>
+</body>
+</html>
diff --git a/77514-h/images/cover.jpg b/77514-h/images/cover.jpg
new file mode 100644
index 0000000..ad65218
--- /dev/null
+++ b/77514-h/images/cover.jpg
diff --git a/LICENSE.txt b/LICENSE.txt
new file mode 100644
index 0000000..6c72794
--- /dev/null
+++ b/LICENSE.txt
@@ -0,0 +1,11 @@
+This book, including all associated images, markup, improvements,
+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
+Procedures for determining public domain status are described in
+the "Copyright How-To" at https://www.gutenberg.org.
+
+No investigation has been made concerning possible copyrights in
+jurisdictions other than the United States. Anyone seeking to utilize
+this eBook outside of the United States should confirm copyright
+status under the laws that apply to them.
diff --git a/README.md b/README.md
new file mode 100644
index 0000000..f4c9fc9
--- /dev/null
+++ b/README.md
@@ -0,0 +1,2 @@
+Project Gutenberg (https://www.gutenberg.org) public repository for eBook #77514
+(https://www.gutenberg.org/ebooks/77514)