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It will probably strike our legal readers, that the proceedings of this court were of a very anomalous kind. It seems to have comprised within itself both a common law and equitable jurisdiction. Nor do the forms of pleading (those bulwarks of the law) appear to have been accurately attended to. In some instances the defendant pleads double, which is certainly vicious, and there are other aberrations from strict legal form. The case we have given is certainly rather long, but we trust that its interest may be pleaded as an excuse for its insertion. We shall now present to our readers the report of a love case, actually decided in the court of the Countess of Champagne, which we extract from 2 Raynouard c. xv. who quotes André, the Chaplain. It will be immediately perceived, that the real cases are rather in the nature of short notes, than detailed reports. In fact, these cases seem more nearly to resemble those sent by our chancellors for the opinion of the courts of common law.

"The defendant, whose lover had remained for a certain long space of time in parts beyond the seas", on an expedition, being doubtful respecting his return, whereof many people had well nigh despaired, sought for another lover. The secretary+ of him the said first mentioned lover hereupon impleaded the said defendant, who appeared and pleaded the 7th. Statute of the Code of Lovet.-And thereupon she said, that if it were lawful for a widow to take a husband two years after the decease of her former husband, a fortiori it was lawful for her, the said defendant, who was a quasi widow, living her said firstmentioned lover, so to do, when he, her said first mentioned lover, had sent to her, the said defendant, neither messenger nor message during the said long period of time, although she averred he had, during all that time, frequent opportunities of so doing."

In our law, those who were on expedition ouster le mere were much favoured. It prevented a descent from Tolling an Entry, and superseded the necessity of continual claim. Vid. Litt. sec. 439. See also, as to remitter, id. sec. 677. There was also an Essoyn of ouster le mere, Termes de la Ley. Vox Essoigne.

The Secretary of the absent Knight probably acted under a general power of attorney.

The seventh statute was as follows: "Biennalis viduitas pro P amante defuncto superstiti præscribitur amanti." Our English prescribes no certain time within which a widow may not marry. If indeed a man has left the realm, and never been heard of since his departure, the law will presume his death after the expiration of seven years. On the first view, therefore, it might be supposed, that a lady would be guilty of bigamy in case she married again within that period. But as there is another presumption of law, namely, that no one shall

"The pleadings run out to great length, but on the cause coming on for trial before the Countess of Champagne, the following judgement was pronounced.

"The judgement in this case must be for the plaintiff. The defendant should not have renounced her lover, even after so long an absence, but upon the clearest proof of want of affection or fidelity. The Court, however, must be understood as speaking of absence only when caused by unavoidable necessity, or from some honourable motive. Certainly nothing ought to cause more joy in the breast of one in the defendant's situation, than the information that her lover is acquiring fame in foreign realms, and attaching to himself the confidence of the valiant and the wise. With regard to his neglect in writing, or despatching messengers, it may have arisen from the most prudential reasons, in order that the secret of his attachment might remain hidden. For though he had despatched letters to her, the tenor of which might be unknown to the messenger, yet non constat that by the malfeazance of that messenger, or by his death on the journey, the secret of his passion might have been divulged."

We shall revert again to the learned Martial de Paris, whose reports are on the whole, though less authentic, more interesting than those of André, the Chaplain. In the multiplicity of very singular suits which he has recorded, we have found some difficulty in making a selection. Perhaps, however, the following presents as striking an illustration, as any, of the very peculiar jurisdiction of these courts.

"This was an action, in the nature of trover, for a kiss*. The

be considered guilty until proved so, in this case of conflicting presumptions it has been held that the latter shall prevail; and if, at the end of one year, the lady chooses to take husband again, the courts will not suppose her first husband to be alive, when that supposition will subject her to the penalties of bigamy. Vide the King against the Inhabitants of Twyning. 2 Barn. and Ald. 386.

In our courts the form of action would be different. For an injury of this kind undoubtedly an action of assault and battery would lie. It seems extremely doubtful whether, according to our law, there could be any property in a kiss. It might perhaps be argued, that it comes within the definition of an incorporeal hereditament, which is defined to be "a right issuing out of a thing corporate (whether real or personal), or concerning, or annexed to, or exercisable within the same." 2 Bl. Com. 20. And again, the existence of incorporeal hereditaments is said to consist merely in idea, and abstracted contemplation. Idem. If this were considered to be law, such property would require a grant by deed to pass it, or perhaps it might be considered to pass by actual delivery, according to the case of Smallpiece and Ironside. 2 Barn. and Ald. 551. However, we find no mention of this question in the books.

defendant pleaded that he had long loved the said plaintiff, whereof she had notice; but that not regarding him, she had wholly neglected and refused to entertain his said suit. And he farther said, that he had at length so much prevailed upon her the said plaintiff, that she undertook and faithfully promised the said defendant to give him the said kiss; yet that, not regarding her said promise and undertaking, she the said plaintiff had always, up to the time of the said supposed grievance, excused herself from so doing, sometimes alledging to the said defendant that she had been prevented therefrom, and at other times asserting that it was not a proper opportunity in that behalf.— And the said defendant affirmed that he had been for the space of three months in pursuit of the said kiss, which was a great pity. And he further said, that on a certain day, when Danger was absent, he prayed the said plaintiff to perform and fulfil her said promise and undertaking; but perceiving that the said plaintiff was not willing so to do, he then and there took the said kiss, as it was lawful for him so to do. -And he prayed his costs.

"And the said plaintiff for replication said, that she did not undertake or promise in manner and form as the said defendant had above alledged, for that the said promise was a conditional promise only, to wit, at the will and pleasure of the said plaintiff, when and where it should please her the said plaintiff to fulfil the same.

"And the said defendant for rejoinder said, that the said plaintiff did undertake and promise, in manner and form aforesaid, without this, that the said promise was conditional. And he further said, that though there had been neither gift nor promise, that he reasonably deserved to have for his care, diligence, and attendance given and bestowed by him the said defendant in the service of the said plaintiff, at least the reward of the said kiss, and that it was therefore lawful for him the said defendant to take out execution for the same, and to possess himself thereof as of his own proper goods and chattels, which had come to his possession by finding. And he concluded as before.

"And now the parties having been heard, and mature deliberation being thereupon had, the Court gave judgement for the defendant, and decreed the plaintiff to pay costs. And the Court further directed the said plaintiff specifically to perform her said promise, at the instance and request of the said defendant, no account being taken of the said former salute."

The great utility of these institutions is very conspicuous in the following case. From that it appears, that the jurisdiction of the Courts of Love extended even to the regulating the minutest points of decorum in the intercourse of polished society.

*It may be necessary to inform our lay readers, that this is the form of a denial or traverse. The strict technical words are, without this, that, &c. absque hoc, quod; sans cei que. 1 Saund. 22. But equivalent words are sufficient, and therefore a traverse, by the words et non, will have the same effect. 1 Lev. 192.

The grievance complained of in the case we are about to cite, is one of considerable magnitude (we speak from experience) even at the present day. Nor is there, as we apprehend, any mode of redress upon such occasions. To expostulate with the lady is impossible. The only method of relief now acknowledged, (and a most pregnant proof it is of the barbarity and degeneracy of the age), is to call out the brother of the offending lady. But how much more preferable is a civil proceeding before such a tribunal as the Court of Love..

"This was an action brought by the plaintiff, a lover, against the defendant, to whom he was attached, for refusing to dance with him*. The declaration stated, that on, &c. at, &c. the plaintiff had requested the said defendant to dance, which she, without any reasonable cause in that behalf, refused to do, alleging a certain frivolous excuse. That afterwards the said plaintiff did again, with great earnestness, humbly request the said defendant to dance a few steps with him, to save him, the said plaintiff, from being laughed at, by certain persons then and there present, which she also refused to do. And he averred that he had on divers occasions moved to the said defendant, and taken off his hat whenever he, the said plaintiff, met her. Yet, although the said defendant well knew that he was stricken with, and loved her, she nevertheless wholly disdained and refused to speak to him the said plaintiff; or if at any time the said defendant said How d'ye do' to the said plaintiff, it was with a toss of the head of her the said defendant. The declaration concluded in the usual manner."

The art of dancing has seldom come judicially before our courts of law. The only case in the books, which we remember, connected with this subject, is reported in Littleton's Rep. 268. It is thus cited by Chief Baron Gilbert, in his Treatise on Tenures, 228. "There is the case of Caslon and Uthert, where a widow had copyhold lands, and divers persons came for the rent, whom she put off with delays; at last comes a young gentleman, and demands it; she answered that she did not know him, but if he would dance before her, if she liked his dancing, she would pay him. This denial was adjudged no forfeiture, not being wilful.

Out of Court, however, it is well known that dancing was one of the favourite amusements, and, indeed, stated exercises of our old lawyers. Upon certain solemn occasions the ceremony of dancing round the coal fire was performed by the greatest dignitaries of the law. But that lapse of time which encrusted the shield of Scriblerus with its invaluable rust, has deprived us of many of our most ancient and excellent customs. The last time this ceremony took place was in the year 1733, when M. Talbot took leave of the Inner Temple, on having the Great Seal delivered to him. We shall take the liberty of giving the account of these judicial gambols, as we believe it is not to be found in any other place than the notes to Wynn's Eunomus. After

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"The defendant suffered judgement to go by default, and now on this day the Court pronounced sentence.

"The Court decrees the defendant to dance with the plaintiff, whether she wishes it or not; or, at all events, to dance a few steps with him. The Court permits the plaintiff, when the defendant and another are seeking for a third to form a pas de trois, to step in, without asking permission, and to form the third; and the Court being informed that the defendant has spoken contemptuous words of its process, and said that the plaintiff would lose his labour in suing her, permits the plaintiff to pass her without moving to her, or saying how d'ye do,' and declares him exempt from courtesying to her during the dance, as others are used to do. And the plaintiff is to have his costs."

We have given the preceding cases at length, in order to afford some idea of the proceedings in these courts; we shall now abridge a few of the most curious reports.

An action was brought by the heirs of a lover to compel a lady to shew them the same politeness which their ancestor had always experienced from her. They alleged that they had discovered, amongst the papers of the defunct, an agreement, by which the defendant had bound herself to wish the deceased good-day whenever she met him, and to make him a courtesy, and they said that, as heirs at law, they were entitled to the benefit of this agreement.

describing the dinner, and the play which was afterwards acted in the Inner Temple Hall, the narrative thus proceeds.

"After the play, the Lord Chancellor, Master of the Temple, Judges and Benchers, retired into their Parliament Chamber, and in about half an hour afterwards came into the hall again, and a large ring was formed round the fire-place (but no fire nor embers were in it). Then the Master of the Revells, who went first, took the Lord Chancellor by the right hand, and he, with his left, took Mr. Justice Page, who, joined to the other judges, serjeants and benchers present, danced, or rather walked, round about the coal-fire, according to the old ceremony, three times, during which time they were aided in the figure of the dance by Mr. George Cooke, the Prothonotary then of sixty; and all the time of the dance the ancient song, accompanied by music, was sung by one Toby Aston, dressed in a bar gown, whose father had formerly been master of the Plea Office in the King's Bench."

How amiable and how engaging must this spectacle have been! No doubt the custom was founded in the wisest purposes. Thus to mingle in all the festive amenities of life was well calculated to soften that ruggedness of character, and that harshness of feeling, which the pursuits of a lawyer are but too apt to superinduce. However, if tradition speaks true, these effects were not perceived in the case of Mr. Justice Page.

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