Like one of two contending in a prize, Merchant of Venice Act 3 Scene 2. Fait de confirmation est comunement en tiel forme, ou a tiel effect: Noverint universi, etc. me A. de B. ratificâsse, approbâsse et confirmâsse C. de D. statum et possessionem, quos habeo, de, et in uno messuagio, etc. cum pertinentibus in F. etc. A deed of confirmation is commonly in this form, or to this effect: Know all men etc., that I, A. of B. have ratified, approved, and confirmed to C. of D. the estate and possession which I have, of and in one messuage, etc. with the appartenances in F. etc. Bassanio makes use of two words which are commonly made use of in a deed of confirmation, namely, the words ratify and confirm; but the words give, grant, demise, etc. by implication of Law, may encore as a confirmation. (1. Inst. 295. West Symb. 1. p. 457). Enter Orlando, with his sword drawn. Art thou thus bolden'd, man, by thy distress: ་་་་་་་ Orlando.. You touch'd my vein at first; the thorny point Scono As You Like It Act 2 Scene 7. Bocland sax. quasi Bookland, a possession or inheritance held by instruments in writing. Bocland vero ea possidendi transferendique lege coercebatur, ut nec dari licuit nec vendi, sed haeredibus relinquenda erat, in scriptis aliter permitteretur; Terra inde Haereditaria nuncupata inter leges Aluredi, Cap. 36. Bocland signifies Terram Codicillariam, or Librariam, Deed-land or Charterland. It commonly carried with it the absolute inheritance and property of the land, and was therefore preserved in writing, and possessed by the Thanes or nobler sort, as Praedium nobile, liberum, et immune a serortiis vulgaribus et servilibus, and it was the same as Allodium, descendable unto all the sons, according to the common course of nations and of nature, and therefore called Gavel-Kind; devisable also by will, and " thereupon called Terrae Testamentales as the Thane that possessed them was said to be Testamento dignus. (See Spelman Fends. Cap. 5). This was one of the Titles which the English Saxons had to their lands, and it was always in writing-There was another called Folkland, Terra Popularis, which passed from one to another without any writing. The Thanes who possessed Bocland divided them according to the proportion of their estates into two sorts, Inland and Outland. Inlantal, Inlantale Demesne or In-land; to which was opposed Delantal'-Land tenented or Outland. Abbat et Conventus Glaston con cesserunt vicario de Suppiwike decimas bladi omnium croftarum tunc existentium, duntaxat quae non sunt Inlandtal in tota parochia de Suppiwike, eo quod omnes hae croftae sunt Delantal. (Chartular. Abbat. Glaston. M. S. f. 115 b). Inland, Inlandum, Terra Dominicalis, Pars manerii Dominica, terra interior; for that which was let out to the tenants, was called Utland. In the Testament of Brithericus in Itinear. Cantii, 'tis said thus according to Lambert's Interpretation, To Wulfee (I give) the Inland or Demeans, and to Elfeyth Outland or Tenancy. This word is often found in Doomsday. (Cowell Interpr.). The Inland was that which lay next or most convenient for the Lord's Mansion House, as within the view thereof, and therefore they kept that part in the own hands for the support of themselves and their families. The Normans afterwards called these lands terrae dominicales the demains or Lord's lands. (See Archiv Band XXVII page 458). . With this shepherdess, my sister; here in the skirts of the forest, like fringe upon a petticoat. Are you native of this place? Orlando. Rosalind. As the coney, that you see dwell where she is kindled. Orlando. Your accent is something finer than you could purchase in so removed a dwelling. iRosalind..! I have been told so of many: but, indeed, an old religious uncle of mine taught me to speak, who was in his youth an inland man; one that knew courtship too well, for there he fell in love. I have heard him read many lectures against it; and I thank God I am not a woman, to be touch'd with so many giddy offences as he hath generally tax'd their whole sex withal. .། As You Like It Act 8 Scene 2. It appears to me reasonable to conclude that there would be more refinement of manners and of speech, or as Orlando says, of „accent," in one who was in-land" bred, that is, brought up on the Demesnes or Demain lands of the Lord and subject necessarily to the influence of whatever degree of refinement there may have been in the society formed by the Lord's family, , his quests and retainers, than in one who was out-land bred," that is brought up on land which was not next to the Lord's Mansion house, but remote therefrom. I am inclined to think that the word "removed" used by Orlando refers to the Outland," because Rosalind immediately afterwards makes use of the word „inland" to which it is opposed in meaning, and she says, in effect, the reason my accent is something finer than could be acquired in so removed a dwelling, (as I have been told: so of many) is this, that an old uncle of mine taught me to speak, who was in his youth an in-land man If for the reasons I have stated, it should be considered probable that the tenants of the in-land were more refined than the tenants of the out-land, it may then, also, be considered probable, that, in course of time all persons who resembled the tenants of the outland, in their want of refinement, were designated by the term "outlandish an adjective which is often applied, in England at the present day, to those who are rude in manner and in speech. I will try to illustrate several obscure passages in the works of Shakspeare, which allude to expressions and words made use of in the old forms of Wills and Testaments. In the commencement of the old forms the Testator frequently mentions the sickness of his body, and the soundness of his mind. To this practice Romeo and Slender partly allude, that is, to the statement of sickness. My will? 'od's heartlings, that's a pretty jest, indeed! I ne'er made my will yet, I thank Heaven; I am not such a sickly creature, I give Heaven praise. Merry Wives of Windsor Act 3 Scene 4. In the name of God Amen, the first day of Feb. in the year of our Lord God 1576 and in the 19th year of the reign of our Sovereign Lady Elizabeth, by the grace of God Queen of England, France and Ireland, Defender of the Faith etc. I Chr. Digges of St. Gregory's without the Walls of the City of Canterbury Esq.; son and heir of Will. Digges late of Barham in the County of Kent deceased, being sick in body, but of good and perfect remembrance, thanked be Almighty God, revoking and making void all and other my former wills, ordain and make this my present Testament and last will in manner and form following, that is to say etc." (This form I have taken from the pleadings in Digge's Case 1. Rep. 169). "I Nicholas Gybson, Citizen and Grocer of London, whole of mind and of perfect remembrance, albiet sick of body, make this my present Will and Testament, as well concerning the order and disposition of my goods, chattels and other things moveable, as of my lands and tenements, rents, reversions, and services, and hereditaments whatsoever." And sometimes in the commencement the Testator commends or bequeathes his Soul to God and his body to the earth. To this practice these passages refer: Aumerle. Where is the duke my father with his power? King Richard. No matter. where; of comfort no man speak: 172 This brief abridgment of my will I make: Mine honour be the knife's, that makes my wound; And all my fame that lives, disbursed be To those that live, and think no shame of me. Carlisle. That honourable day shall ne'er be seen. Lucrece. Richard II. Act 4 Scene 1. First, I give and bequeath my soul unto Almighty God my Maker, Redeemer, and Saviour, and my body to be buried where it shall please God, after the discretion of my well beloved wife Avice Gybson my sole executrix under written," etc. (This form I have taken from the Pleadings in Porter's Case 1. Rep. 19), and Shakspeare's will commences in this manner. "In the name of God, amen! I William Shackspeare, of Stratford upon Avon in the Countie of Warr, gent, in perfect health and memorie, God be prayed, doe make and ordayne this my last will and testament in manner and forme followeing, that ys to saye, ffirst, I comend my soule into the handes of God my Creator, hoping and assuredlie beleeving, through thonelie merites of Jesus Christe my Saviour, to be made partaker of lyfe everlastinge, and my body to the earth whereof yt ys made." Pericles. Antiochus, I thank thee, who hath taught My frail mortality to know itself, en 30 And by those fearful objects to prepare My riches to the earth from whence they came;b saali - Pericles Prince of Tyre Act 1 Scene 1. Pericles alludes to the statement of sickness and he makes a sort of parody on the bequest of soul and body, in other words, instead of bequeathing his soul, he bequeathes a happy peace, and instead of bequeathing his body, he bequeathes his riches..200 lik -- Since the publication of my first attempt to illustrate obscure passages in the works of Shakspeare, it has been suggested that Shakspeare may have drawn his own Will, - 8. form of which the reader can see in many of the English editions, and also that in disposing of his second best bed with the furniture" in these words Item, I gyve unto my wife my second best bed with the furniture," he shows his technical skill, by omitting the word devise which he had used in disposing of the realty. This statement has been made in ignorance of the ancient legal signification of the word devise, for although the word devise is, now, applied by Real Property Lawyers to real property, and the word bequeath to personal property, yet such distinction was not made in former times. The word devise is used in the disposition of the real estate, in Shakspeare's Will, thus Item, I gyve, will, bequeath and devise, unto my daughter Susanna Hall, for better enabling her to performe this my Will, and towardes the performans thereof, all that capitall messuage or tenements with thappartenances in Stratford aforesaid, called the New Place, wherein I nowe dwell, and two messuages or tenements with thappartenances, scituat, lyeing and being, in Henly Streete, within the borough of Stratford aforesaid; and all my barnes, stables, orchardes, gardens, landes tenements and hereditaments whatsoever etc." The word devise is here applied to real estate, but it is used together with another word, which is not now, applied to real estate, namely the word "bequeath: Moreover the word devise is applied, in connection with the word bequeath, in a previous part of Shakspeare's Will, to personal property, namely to the sum of one hundred and fifty pounds, thus, I devise and bequeath the saied hundred and fifty poundes to be sett out by my executors and overseers for the best benefitt of her and her issue, etc. Cowell says, the word devise cometh of the French Divisir separare, or deviser to confer unto, and is properly attributed in our Common Law, to him that bequeathes his goods, by his last will and testament in writing; and the reason is, because those that now appertain only to the devisor, by this act are distributed into many parts:" and Shakspeare seems to have understood the precise legal signification of this term, for he makes Falstaff say, 【 Falstaff. ་་་ Divide me like a bribe-buck, each a haunch: I will keep my sides to myself, my shoulders for the fellow of this walk, and my horns I bequeath to your husbands. Merry Wives Act 5 Scene 5. Divisa. A last Will or Devise of worldly goods, Notum facio quod apud Waltham feci divisam meam de quadam parte pecuniae |