acceptance of something in lieu thereof. While subject to explanation by parol evidence, unlike other written instruments, reecipts are sometimes useful, as evidence of facts collateral to those things set forth in the receipt; they establish the payment made and whatever inference may be legally drawn from the fact of the payment made will be supported by the receipt itself. A denial of one's receipt is like the denial of any other obligation or acknowledgment, over one's signature and hence the conclusion of the Princess, that the King wronged the reputation of his name, in refusing to confess the receipt of a sum that had "so faithfully been paid."

Sec. 73. Specialties-Acquittances.-
"Prin. We arrest your word:

Boyet, you can produce acquittances,
For such a sum, from special officers,
Of Charles, his father.

Boyet. So please your grace, the packet is not come,
Where that and other specialties are bound,
Tomorrow you shall have a sight of them."4
An acquittance, in the law of contracts, is a written
agreement to discharge a party from his engagement to
pay a given sum of money. Like a receipt, it is evidence
of the payment, but it differs from a release, or specialty,
in that the latter is always under seal, while an acquit-
tance is not under seal. A specialty is a writing contain-
ing some agreement, which is sealed and delivered. In
the sense in which the word is used in this verse, it is
a writing scaled and delivered, which is given as evidence

'Bouvier's Law Dictionary.

1 Pet. C. C. 182; 2 Johns. N. Y. 378.

15 Johns. N. Y. 479.

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

Bouvier's Law Dictionary.

Pothier, Oblig. n. 781; Coke, Litt. 212a, 273a; 3 Salk, 298; 1 Rawle (Pa.) 391.

7 Bouvier's Law Dictionary.

of the payment of a debt, in which the same is specially mentioned. Although a seal may not be called for therein, if an instrument is executed with a seal, it is a specialty, while it is not a specialty if the seal is omitted. The Princess does not dignify the receipt for this debt, by placing it on the higher plane with scaled instruments, but Boyet recognizes the distinction existing in the law between the two and promises on arrival of the packet, the sight of a sealed instrument acknowledging receipt of the debt.

Sec. 74. Apparitors-Duties of.

"Biron.

pieces,

Dread prince of plackets, king of cod

Sole imperator and great general

Of trotting paritors."3

Cupid is here likened to the general of a body of apparitors, whose movements and actions he governs, as he does those of other mortals. An apparitor was an officer

'Bacon's Abr. Obligation, A.

22 Coke, 5a; Perkins, 129.

Bassanio acknowledges his obligation to Portia, for the acquittance given from the Jew, in the following verse: "Most worthy gentleman, I and my friend, Have by your wisdom been this day acquitted, Of grievous penalties; in lieu whereof, Three thousand ducats due unto the Jew, We freely cope your courteous pains withal." (Merchant of Venice, Act IV, Scene I.)

In Taming of the Shrew (Act II, Scene I), Petruchio is made to say:

"Let specialties be therefore drawn between us,

That covenants may be kept. on either hand."

A Lord, in Timon of Athens, speaking of his generosity, said: “Lord... no gift to him, but breeds the giver a return exceeding all use of quittance." (Act I, Scene I.)

And the King tells Laertes, in Hamlet: "Now must your conscience my acquittance seal, And you must put me in your heart for friend." (Act IV, Scene VII.)

'Love's Labour's Lost. Act III, Scene 1.

of an ecclesiastical court, whose duty it was to serve citations and execute such similar process of the court.1 In these courts citations were most frequently issued for offenses against chastity and these officers were thus called upon often to serve process in these offenses prompted by Cupid. Hence, the reference, to the God of Love, as the general of this special class of officers."

"Arm. Sirrah Costard, I will enfranchise thee.

Cos. O, marry me to one Frances: I smell some l'envoy, some goose, in this.

Arm. By my sweet soul, I mean, setting thee at liberty, enfreedoming thy person; thou wert immured, restrained, captivated, bound."3

As explained by the players in this verse the word "enfranchise" in the law, literally means to set free. Enfranchisement is giving freedom to a person, hence a citizen of London is said to be enfranchised. And, at common law, a villain was said to be enfranchised when he had obtained his freedom from his lord paramount, under the land tenure law. Being the opposite of "immured, restrained," etc., the Poet expresses the legal meaning of the term as it is understood in the law.

Bouvier's Law Dictionary.

Rolfe's Love's Labour's Lost, p. 176. notes.

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

Bouvier's Law Dictionary.

II Coke, 91.

In Antony and Cleopatra, Cleopatra thus addresses Antony:

"Cleo... Or, who knows,

If the scarce-bearded Cæsar have not sent

His powerful mandate to you, Do this, or this:
Take in that kingdom, and enfranchise that:
Perform't, or else we damn thee."

(Act I, Scene I.)

In Julius Cæsar, before the assassination. Cassius is made to

say:

"Biron. To fast,-to study, and to see no woman, Flat treason 'gainst the kingly state of youth."

2

Treason, in the law, implies a betrayal, or breach of allegiance, amounting to treachery, hence the conclusion that to study and to fast "and to see no woman," is a course so inconsistent with the primary obligations of youth, as to amount to "flat treason." The overt act of making war against a country to which allegiance is due from the person raising arms, is an act of treason, and this course of conduct is so at war with youth, that it could also be considered treason, for this reason, as well.

"Cas. Pardon, Cæsar; Cæsar, pardon;

As low as to thy foot doth Cassius fall,
To beg enfranchisement for Publius Cimber."

3

Having been banished from Rome Publius Cimber lost all his rights and privileges as a citizen of Rome and Brutus and Cassius begged Cæsar not only to admit him to a full pardon, but to likewise restore him to the privileges of his citizenship, or to enfranchise him. (Julius Cæsar, Act III, Scene I.)

'Love's Labour's Lost, Act IV, Scene III.

4 Shars. Bl. Comm. 75.

2 Chitty, Cr. Law, 60-102; 3 Story, Const. 39.

In King Richard II, the Duke of Norfolk, replies to Bolingbroke:

"Nor.

First, the fair reverence of your highness curbs me,
From giving reins and spurs to my free speech;
Which else would post, until it had return'd
These terms of treason doubled down his throat."

(Act I, Scene 1.)

And King Richard II, speaking of Bolingbroke, said: "K. Rich. Tell Bolingbroke (for yond', methinks, he is.) That every stride he makes upon my land,

Is dangerous treason."

(Act III, Scene III.)

The Earl of Worcester, is quoted as saying, in 1 Henry IV: Wor... Suspicion shall be all stuck full of eyes: For treason is but trusted like the fox." (Act V. Scene II.)

Speaking of the treason and attempt to kill him, Henry V, said: "K. Hen... Treason and murder, ever kept together, as two yoke-devils sworn to either's purpose, working so grossly in a natural cause, that admiration did not whoop at them: but thou, 'gainst all proportion did bring in, wonder, to wait on treason, and on murder." (Act II, Scene II.)

Speaking to the traitors, who conspired to kill him, Henry V, said: “K. Hen. But he, that temper'd thee, bade thee stand up, gave thee no instance why thou should'st do treason, unless to dun thee with the name of traitor." (Act II, Scene II.)

Somerset asks Richard Plantagenet, in 1' Henry VI: "Som. Was not thy father, Richard, earl of Cambridge, for treason executed in our late king's days?" (Act II, Scene IV.)

Talbot, before Rouen, in 1' Henry VI, is made to say: "Tal. France thou shalt rue this treason with thy tears, if Talbot but survive thy treachery." (Act III, Scene II.)

In 2' Henry VI, the king resents the idea that the duke of Gloster was guilty of treason, in the following language: “K. Hen. . . Our kinsman, Gloster is as innocent From meaning treason to our royal person, As is the sucking lamb, or harmless dove." (Act III, Scene I.)

Suffolk said to Gloster, in 2' Henry VI: "Suff. Nay, Gloster, know, that thou art come too soon, Unless thou wert more loyal than thou art: I do arrest thee of high treason." (Act III, Scene I.)

In attempting to make Gloster the instigator of his wife's treason, Suffolk said, in 2' Henry VI: "Suff.. Smooth runs the water where the brook is deep; And in his simple show, he harbors treason. The fox barks not, when he would steal the lamb." (Act III, Scene I.)

Warwick says of Clarence, after he quit his forces, in 3' Henry VI: "War. O, passing traitor, perjur'd and unjust." (Act V, Scene I.)

Speaking of the alleged treason of Buckingham, King Henry VIII. is made to say: "K. Hen. He is attach'd; call him to present trial; if he may find mercy in the law, 'tis his; if none, let him not seek't of us; By day and night, he's traitor to the height." (Act I, Scene II.)

In his attempt to prevent a ratification of the peace treaty closed by Coriolanus, with Rome, Aufidius tells the citizens: "Auf. Read it not, noble lords; But tell the traitor. in the highest degree, he hath abus'd your powers." (Act V, Scene V.)