The word crime, as distinguished from a misdemeanor, generally denotes an offense of a deep and atrocious character, when compared with those of lesser degree, commonly called misdemeanors.1

It was the deepest despair to compel the wronged king, after his subjection, to publicly proclaim himself a criminal and to renounce his kingdom, for the reason that it was essential for him to do so to convince the populace that his abdication was proper, but such was the punishment inflicted for his irregularities, which are here denominated crimes against the law.

Sec. 215.

"K. Rich.

Manors.

My manors, rents, revenues, I forego; My acts, decrees and statutes, I deny."

A manor, derived from the French manoir, signifies a house, residence or habitation. At the common law, the meaning of the term had a broader signification and included not alone the house, or dwelling but the land surrounding it, as well, which was held through or by the king, or other person of rank.3

14 Bl. Comm. 4.

Gloster is made to say to the Bishop of Winchester, in 1' Henry VI:

"Glo. The manner of thy vile outrageous crimes,

That therefore I have forg'd, or am not able
Verbatim to rehearse the method of my pen."

(Act III, Scene I.)

Lucrece complains at the night of her great wrong: "O hateful, vaporous and foggy night:

Since thou art guilty of my cureless crime,

Muster thy mists to meet the eastern light,

Make war against proportion'd course of time." (771, 774.)

King Richard II. Act IV, Scene I.

'Coke, Litt. 58, 108; 2 Rolle, Abr. 121.

No new manors were created in England after the enactment of the statute Quia Emptores, forbidding subinfeudation, in the year 1290. Tiedeman, on R. P. (3d ed.), Secs. 22-31.

The king here, in his abdication foregoes his manors, rents and revenues and also in his dejection denies his acts, decrees and statutes.

Sec. 216. Conspiracy.

"York. Thou fond, mad woman,

Wilt thou conceal this dark conspiracy?"

A conspiracy is a combination of two or more persons to accomplish by some concerted action, some criminal purpose, or to accomplish some purpose, not in itself criminal, by some criminal or unlawful means. A treasonable design to overthrow the king and re-instate another in his place, entered into by several people, would come within the legal definition of the term, and this is why the duke of York is struck with the mad act of his wife, in her attempt to concel such a dark crime.

Speaking of the expense incurred in the pageant, by which the French treaty was ratified, Buckingham, in King Henry VIII, said: "Buck. O many have broke their backs with laying manors on them for this great journey." (Act I, Scene I.)

'King Richard II, Act V, Scene II.

22 Bishop, Cr. Law, Secs. 149-202.

Speaking of the treason of the earl of Cambridge, Henry V, said: "K. Hen. and this man, hath for a few light crowns, lightly conspir'd, and sworn unto the practices of France, to kill us here in Hampton." (Act II, Scene II.)

In 1' Henry VI, the duke of Gloster said to Winchester, before the Tower:

"Glo. Stand back, thou manifest conspirator,

Thou that contriv'dst to murder our dead lord."

(Act I, Scene III.)

York thus addresses Henry VI, in 3' Henry VI: "York. Henry of Lancaster, resign thy crown:-What mutter you, or what conspire you, lords?" (Act I, Scene I.)

On the entering of the conspirators, in Julius Cæsar, Brutus

"Bru. O conspiracy:

Sham'st thou to show thy dangerous brow by night,
When evils are most free? O, then, by day,

Where wilt thou find a cavern dark enough

To mark thy monstrous visage? Seek none, conspiracy;
Hide it in smiles, and affibility;

For if thou path thy native semblance on,

Not Erebus itself were dim enough

To hide thee from prevention."

(Act II, Scene I.)

Octavius Cæsar tells Cassius, before the battle of Philippi: "Oct. I draw a sword against conspirators;

When think you that the sword goes up again?—

Never, till Cæsar three and twenty wounds, be well aveng'd."

(Act V, Scene I.)

CHAPTER XVIII.

"FIRST PART OF KING HENRY THE FOURTH."

Sec. 217. King's right to prisoners, under military Law. 218. "The Law's Delay."

Sec. 217. King's right to prisoners, under military law.—
"King.
What think you coz,

Of this young Percy's pride? the prisoners
Which he in this adventure hath surpris'd
To his own use he keeps, and sends me word
I shall have none but Mordrake earl of Fife."

1

This has reference to the right of the King, by virtue of his prerogative, to the prisoners taken in battle by his forces. "According to Tollet, Hotspur had a right to all the prisoners, except the earl of Fife. By the law of arms, a man who had taken any captive, whose ransom did not exceed ten thousand crowns, had the control of him. The earl of Fife, being a prince of the blood royal, (the Duke of Albany, his father, was brother to King Robert III) could be claimed by Henry, by his acknowledged military prerogative."2

11' Henry IV, Act I, Scene I.

'Rolfe's First part of King Henry IV, p. 164, notes.

Sec. 218. "The law's delay."

"Fal. Well, Hal, well; and in some sort it jumps with my humour, as well as waiting in the court, I can

tell you.

P. Hen. For obtaining of suits?

Fal. Yea, for obtaining of suits: whereof the hangman hath no lean wardrobe."

In the present day, when people are so much concerned about the "law's delay," it is interesting in the extreme to see that Shakespeare also noted this defect in the judicial system of England, in his day. Then, as now, to command the respect of the people it was true that the law should be not only impartially and honestly enforced, but that justice should be likewise speedy in its results. Respect for the law and a complete reliance thereon, for the protection of the personal and property rights of the citizen is essential in every government and the power and majesty of the law should be instilled into the minds of the youth of all civilized states, as a cardinal principal of government. But while this is indisputable, it is none the less true that to commend itself to the people, not only the law, but its administration must be enforced in a manner to commend it to the people and unless this is done, there is grave danger of a widespread distrust of the remedies provided for the enforcement of the rights of citizens. As a usual thing there is no discussion or agitation without a just cause, and the present and long continued discussion of the subject of the "law's delay" would seem to merit due attention by the framers of constitutions and the architects of the judicial departments of States, lest the dangers from such continued agitation bring about worse results than an amendment of the remedial procedure, used to enforce the laws, will justify.

'1' Henry IV, Act I, Scene II.

See Article "The Law's Delay," by Hon. Frank B. Kellogg, published in "Comment," a legal publication, p. 126, for October, 1909.