Being but the one-half of an entire sum,
Disbursed by my father in his wars.

But say, that he, or we, (as neither have)
Received that sum; yet there remains unpaid,
A hundred thousand more; in surety of the which,
One part of Aquittain is bound to us,

Although not valued to the money's worth."

The idea that the country of Aquittain could be bound to the King of Navarre, as a "surety," is not, speaking in strictly legal parlance, a proper term, but the sense of the suretyship here spoken of is that the country was held to indemnify the King of Navarre against loss on the debt referred to. A surety is usually a person who binds himself to the payment of a certain sum of money, or for the performance of something else, for another, who is already bound therefor. The meaning here, of course is, that in lieu of other indemnity, the title of the King of France, to Aquittain, was held to guarantee the King of Navarre against loss on the debt referred to.

'Love's Labour's Lost, Act II, Scene I.
'Bouvier's Law Dictionary.

At the death of King John, Prince Henry said:
"Even so must I run on and even so stop.
What surety of the world, what hope, what stay,
When this was now a king, and now is clay."

(Act V, Scene VII.)

In King Richard II, Bolingbroke, after his coronation, thus addresses his Lords:

"Boling. Lords, you that are here under our arrest,

Procure your sureties for your days of answer."

(Act IV, Scene 1.)

In 2 Henry IV, Lord Mowbray said, to Earl of Northumberland:

.

"Mow.
The gentle archbishop of York is up.
With well-appointed powers; he is a man,
Who with a double surety binds his followers."

(Act I, Scene 1.)

In 2' Henry VI, Queen Margaret thus addresses York: "Q. Mar. Call hither Clifford; bid him come amain, to say, if that the

"King. But that, it seems, he little purposeth,
For here he doth demand to have repaid,

A hundred thousand crowns; and not demands,
On payment of a hundred thousand crowns,
To have his title live in Aquittain.'

A title is defined as the means whereby the owner of land hath the just possession of his property. A title enables a man, by right, to assert a property or ownership to land or other kind of property and to recover the possession thereof, if not in possession. The King of France, having pledged the title that he had to Aquittain, here offered on payment of the certain sum remaining unpaid, to accept a full release and be restored to his title. If this offer was not accepted, he would assert his title, in any event.

bastard boys of York, Shall be the surety for their traitor father." (Act V, Scene I.)

The following occurs between Aenas and Agamemnon, in Troilus and Cressida:

"Aena. May one, that is a herald and a prince, Do a fair message to his kingly ears?

Agam. With surety stronger than Achilles arm, 'Fore all the Greekish heads, Which, with one voice, call Agamemnon head and general." (Act I, Scene II.)

On the arrest of Coriolanus, Senators and Patricians, stand surety for him as follows:

(Act III, Scene I.)

"Sen. & Pat.

Iago tells Roderigo, in Othello: "Iago. I know not if't be true,

But I, for mere suspicion in that kind,

Will do, as if for surety."

We'll surety him."

(Act I, Scene III.)

Referring to his friend's love, in the CXXXIV Sonnet, the Poet said:

"He learned but surety-like to write for me,

Under that bond that him as fast doth bind.” (7, 8.)

'Love's Labour's Lost, Act II, Scene I.

2 Coke, Litt. 345; 2 Bl. Comm. 195.

Ante idem.

Sec. 70. Common-Severalty.

"Mar.

Not so, gentle beast;

My lips are no common, though several they be." This is a play upon terms familiar to the student of real property. The speaker's lips are compared to an estate which either may be held in common, or in severalty. An estate held in severalty is one held by a tenant in his own right alone, without any one else being joined with him during the continuance of the estate," while an estate in common is one held by two or more persons at the same time, although by several and distinct titles. The right of easement known as "common appendant," which was the right of pasturage annexed to land, on which the owner had the privilege of feeding his beasts on the waste of the manor,' is probably the reference made in the use of the first term, from the preceding verse. This right, by usage could be limited to some certain number of cattle, or otherwise to the number of cattle owned by the owner of the right."

The earl of Salisbury, thus explains to king Henry, his reasons for supporting the title of York, to the crown, in 2' Henry VI: "Sal. My lord, I have considered with myself,

The title of this most renowned duke;
And in my conscience do repute his grace,
The rightful heir to England's royal seat."

(Act V, Scene I.)

York claims title to the crown, in 3' Henry VI, as follows: "York. Will you, we show our title to the crown? If not, our swords shall plead it in the field."

And Henry replies:

(Act I, Scene I.)

"K. Hen. What title hast thou, traitor, to the crown? Thy father was, as thou art, duke of York." idem.

'Love's Labour's Lost, Act II, Scene I.

2 Bl. Comm. 179; Tiedeman, R. P. (3' Ed.) 26, 174.

2 Bl. Comm. 191; 1 Preston, Est.. 139.

'6 Coke, 59; 1 Rolle, Abr. 396.

2 Dane. Abr. 611; 2 Mood. & R. 205: 4 Coke 36; Tiedeman, R. P. (3' Ed.) Secs. 424, 426.

Sec. 71. Crime of perjury.

"Prin.

keeping;

I hear your grace hath sworn out house

"Tis daily sin to keep that oath, my lord, and sin to break it:

You will the sooner that I were away; For you'll prove perjured, if you make me stay.

"Prin. This field shall hold me; and so hold your vow;
Nor God, nor I, delight in perjur'd men.
As the unsullied lilly, I protest;

A world of torments, though I should endure,
I would not yield to be your house's guest;
So much I hate a breaking cause to be

Of heavenly oaths, vow'd with integrity.

Biron. Thus pour the stars down plagues for perjury.'

It is inaccurate to treat the violation of the oath subscribed to by the King and his associates as "perjury," because the same was not made in a judicial proceeding, in due course of justice, which is and was, at common law, an essential of the crime. Sir Edward Coke thus defined this crime at common law, saying that it is committed "where a lawful oath is administered in some judicial proceeding or due course of justice, to a person who swears wilfully, absolutely and falsely, in a matter material to the issue or point in question." It is doubtful if the violation of the oath subscribed to by the King and his associates, in this instance would have constituted a crime at common law, at all, or, if so, it would have amounted to the making of a false affidavit. But of course the Princess and her associates aggravate the offense, for a purpose and refuse the invitation to be a guest of the King, so

'Love's Labour's Lost, Act II, Scene II. 'Love's Labour's Lost, Act V. Scene II.

3 Coke Inst. 164; 2 Bishop, Criminal Law, 860; Sherwood's Cr. Law, 391. This would be an extra-judicial oath, or one taken without authority of law. Though binding in foro conscientia. such oaths when violated, would not render the person so violating, liable for perjury.

that they may not be the cause of his violating his oath, which is treated as of the same solemnity, before heaven, as if criminal before the law. And Biron concludes that this is a proper punishment for the offense committed, before heaven, if its the only punishment to be inflicted. Sec. 72. Denial of receipt.

"Prin. You do the king, my father, too much wrong, And wrong the reputation of your name,

In so unseeming to confess receipt,

Of that which hath so faithfully been paid."

A receipt is generally defined to be a written acknowledgement of the payment of money, or of the delivery and

In King John, Constance is made to say: "Nay, rather, turn this day out of the week; this day of shame, oppression, perjury. Arm, arm, you heavens, against these perjur'd kings." (Act III, Scene I.)

Richard III, after his dream, before the battle with Richmond, exclaims:

"K. Rich.
Perjury, perjury, in the highest degree;
All several sins, all us'd in each degree."

(Act V, Scene III.)

Cæsar tells Euphronius, in Antony and Cleopatra: "Cæs. But want will perjure the ne'er touch'd vestal." (Act III, Scene X.)

In Romeo and Juliet (Act II, Scene II), Juliet tells Romeo that Jove laughs "at lover's perjuries."

Othello cautions Desdemona before killing her: "Sweet soul, take heed; Take heed of perjury, thou'rt on thy death bed." (Act V, Scene II.)

In the CLII' Sonnet, the following occurs:

"But why of two oaths' breach do I accuse thee,

When I break twenty: I am perjured most.

For I have sworn thee fair; more perjured I,

To swear against the truth so foul a lie." (5, 6, 13, 14.)

In the Passionate Pilgrim, occurs the following:

"Did not the heavenly rhetoric of thine eye,
'Gainst whom the world could not hold argument,
Persuade my heart to this false perjury?" (III, 1, 3.)

'Love's Labour's Lost, Act II, Scene I.