Page:The Green Bag (1889–1914), Volume 14.pdf/92

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The Black Eagle Case. imbibed everything requisite to become a trustworthy guide as to the conduct of a trial, he well knew, when fabricating the scene in question to reach the effect intended, that he was trampling on ail precedent. Through the arraignment, as well, of Hermione, in "The Winter's Tale, the playwright, by making Leo s the tribunal to pass upon her crime (and the consideration that her im puted lapse was of such a nature that passion would inevitably overthrow judgment), ag gravates the offence—violates one of the most hallowed institutes nf law.; at the same time, withdrawing from a criminal one of his dearest safeguards that no man shall be judge in his own cause. It is difficult to say what is impressed the more distinctly on one's attention,—what appeals the more strongly to one's critical faculty—the disingenuousness preached in the sentence quoted, or the humor it provides—donation, as it is, of a speaker who proceeds, without delay, to enforce the ordeal at command of the French Juge d' instruct ion, than which nothing less consonant with fair play could

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be imagined: "Let us be cleared of being tyrannous, since we so openly proceed to justice." It may interest the profession to learn that Shakespeare anticipated the fusion of the courts, which, in England, has for some years been a fait accompli. King Lear, calling up, in his madness, a vision of Goneril and Re gan being tried for their inhuman treatment of him, resolves to appoint judges. Their commission, if brief, is adequate: "Thou robed man of Justice" (to Edgar) "take thy place, And thou" (to the fool) "his yokefellow of equity, Bench by his side. Unless the explanation that Lear's own senses were too clouded to distinguish be tween his friends be open, a reflection on the status—a drawback from the renown—of Chancery is implied from his joining the rep resentative he does with common law in this investigation.

THE BLACK EAGLE CASE. By Lee M. Friedman. IN imitation of the "laudable statute of the most wise and worshipful council of the City of Amsterdam," in the year 1647, Peter Stuyvesant, Director General of the New Netherlands, in order to prevent the too rash drawing of knives, fighting, wounding and consequent accidents," enacted and ordained that "whosoever shall in passion or in anger draw, or cause to be drawn, a knife or dagger against another, shall forthwith incur a fine of one hundred carolus guilders; or in case he failed to pay the money he shall, as a punishment, be set for half a year to hard labor, on bread and water; and if he wounded any one therewith, three

hundred like guilders, or to spend a year and a half at the aforesaid labor." The Director General caused the words of this ordinance to be placarded throughout all the towns of the colony and to be read aloud by the burghers and schepen in each market place. He charged and commanded "all fiscals, lieutenants, sergeants and corporals to use all opportunities, visits and due diligence, without any simulation, in attack ing and apprehending the contraveners hereof, in order that they may be prose cuted according to law." It was at this time that Cornelius Van Tienhoven was sheriff of New Amsterdam,