Aumerle.

Remember, as thou read'st, thy promise past:
I do repent me; read not my name there,
My heart is not confederate with my hand.

York.

'Twas, villain, ere thy hand did set it down.
I tore it from the traitor's bosom, king;
Fear, and not love, begets his penitence;
Forget to pity him, lest thy pity prove
A serpent that will sting thee to the heart.

Bolingbroke.

O heinous, strong, and bold conspiracy!

Richard II. Act 5 Scene 3.

more confederate them

Confederacy, is when two or selves to do any hurt or damage to another, or to do any unlawful thing. And though a writ of Conspiracy doth not lye, if the party be not indicted, and in lawful manner acquitted, for so are the words of the writ; yet false confederacy between divers persons shall be punished, though nothing be put in ure; and this appears by the Book of 27 assise, placit. 44. where there is a note, that two were indicted of confederacy, each of them to maintain other, whether their matter were true or false; and though nothing was supposed to be put in ure, the parties were put to answer, because this thing is forbidden by the law. So in the next article in the same Book, enquiry shall be made of conspirators and confederators which bind themselves together etc. falsely to indite or acquit, etc. the manner of their binding and between whom; which proves also, that confederacy to indite or acquit, though nothing be done, is punishable by the law. And it is to be observed, that this confederacy punishable by law, before it is executed, ought to have four incidents. First, to be declared by some manner of prosecution, as by making bonds or promises the one to the other, secondly to be malicious, as for unjust revenge. Thirdly, to be false against an innocent. And lastly, to be out of court and voluntary. (Cowell. Terms of the Law. 3. Inst. cap.

LXVI).

A writ of Conspiracy lies not, unless the party is indicted,

and legitimo modo acquietatus, for so are the words of the writ; but that a false conspiracy betwixt divers persons shall be punished, although nothing be put in execution, is full and manifest in our books; and therefore in 27 Ass. p. 44. in the articles of the charge of enquiry by the enquest in the king's Bench, there is a Nota, that two were indicted of confederacy, each of them to maintain the other, whether their matter be true, or false notwithstanding that nothing was supposed to be put in execution, the parties were forced to answer to it, because the thing is forbidden by the law, which are the very words of the book; which proves that such false confederacy is forbidden by the law, although it was not put in ure or executed. So there in the next article in the same book, inquiry shall be of conspirators and confederates who agree amongst themselves, etc. falsely to indict, or acquit, etc. the manner of agreement and betwixt whom, which proves also, that confederacy to indict or acquit, although nothing is executed, is punishable by law: and there is another article concerning conspiracy betwixt merchants, and in these cases the conspiracy or confederacy is punishable, although the conspiracy or confederacy be not executed; and it is held in 19 R. 2. Brief 926. A man shall have a writ of conspiracy, although they do nothing but conspire together, and he shall recover damages, and they may also be indicted thereof. Also the usual commission of Oyer and Terminer gives power to the commissioners to enquire etc. de omnibus coadunationibus confaederationibus, et falsis alligantis, and coadunatio is a uniting of themselves together, confaederatio is a combination amongst them, and falsa alligantia is a false binding each to other by bond or promise, to execute some unlawful act:

King.

And Don Armado shall be your keeper.

him deliver'd o'er

-

My lord Biron, see

And go we, lords, to put in practice that,
Which each to other hath so strongly sworn.
Love's Labour's Lost Act 1 Scene 1.

Dead

Is noble Timon; of whose memory

Hereafter more.

Bring me into your city,

And I will use the olive with my sword:

Make war breed peace; make peace stint war; make each
Prescribe to other, as each other's leech.

Let our drums strike.

Timon of Athens Act 5 Scene 5.

Macbeth.

my dull brain was wrought

Give me your favour:

With things forgotten. Kind gentlemen, your pains
Are register'd where every day I turn,

The leaf to read them.

Let us toward the king.

Think upon what hath chanced; and, at more time,
The interim having weigh'd it, let us speak
Our free hearts each to other.

Act 1 Scene 3.

Coriolanus.
Marcius!

Aufidius.

Ay, Marcius, Caius Marcius: Dost thou think
I'll grace thee with that robbery, thy stolen name
Coriolanus in Corioli?

"You lords and heads of the state, perfidiously
He has betray'd your business, and given up,
For certain drops of salt, your city Rome
(I say, your city,) to his wife and mother:
Breaking his oath and resolution, like
A twist of rotten silk; never admitting
Counsel o' the war; but at his nurse's tears
He whined and roar'd away your victory;
That pages blush'd at him, and men of heart
Look'd wondering each to other.

Act 5 Scene 5.

In these cases before the unlawful act executed the law punishes the coadunation confederacy or false alliance, to the end to prevent the unlawful act, quiaquando aliquid prohibetur, prohibetur et id per quod pervenitur ad illud: Et affectus punitur licet non sequatur effectus; and in these cases the common law is a law of Mercy, for it prevents the malignant from doing mischief, and the innocent from suffering

it. Hill. 37. H. 8. in the star-chamber a priest was stigmatized with F and A in his forehead, and set upon the pillory in Cheapside, with a written paper, for false accusation.

Richard.

Whoever got thee, there thy mother stands;
For, well I wot, thou hast thy mother's tongue.

Queen Mary.

But thou art neither like thy sire nor dam;
But like a foul misshapen stigmatic,
Mark'd by the destinies to be avoided,

As venom'd toads, or lizards' dreadful stings.

3. Henry VI. Act 2 Scene 2.

Lucr.

Have patience, I beseech.

Adr.

I cannot, nor I will not, hold me still;

My tongue, though not my heart, shall have his will.
He is deformed, crooked, old, and sere,
Ill-faced, worse-bodied, shapeless everywhere;
Vicious, ungentle, foolish, blunt, unkind;
Stigmatical in making, worse in mind.

Comedy of Errors Act 4 Scene 2.

War.

Now, by my father's badge, old Nevil's crest,
The rampant bear chain'd to the ragged staff,
This day I'll wear aloft my burgonet,
(As on a mountain-top the cedar shews,
That keeps his leaves in spite of any storm.)
Even to affright thee with the view thereof.

Clif.

And from thy burgonet I'll rend thy bear,
And tread it under foot with all contempt,
Despite the bearward that profects the bear.

Y. Clif.

And so to arms, victorious father,

To quell the rebels, and their 'complices.

Richard.

Fy! charity, for shame! speak not in spite,
For you shall sup with Jesu Christ to-night.

Y. Clif.

Foul stigmatic, that's more than thou can tell.

Richard.

If not in heaven, you'll surely sup in hell.

2. Henry VI. Act 5 Scene 1.

M. 3. and 4. Ph. and M. one also for the like cause fuit stigmaticus with F and A in the cheek, with such superscription as is aforesaid. Nota reader, these confederacies punishable by law, before they are executed, ought to have four incidents: I. It ought to be declared by some manner of prosecution, as in this case it was, either by making bonds, or promises one to the other; II. It ought to be malicious, as for unjust revenge, etc. III. It ought to be false against an innocent: IV. It ought to be out of Court voluntarily. (The Poulterers Case, Co. Rep. 9).

Claudio.

Marry, beshrew my hand,

If it should give your age such cause of fear:
In faith, my hand meant nothing to my sword.

Leontes.

Tush, tush, man, never fleer and jest at me:
I speak not like a dotard, nor a fool;

As, under privilege of age, to brag

What I have done being young, or what would do,

Were I not old: Know, Claudio, to thy head,

Thou hast so wrong'd mine innocent child and me,

That I am forced to lay my reverence by;

And, with grey hairs, and bruise of many days,

Do challenge thee to trial of a man.

I say, thou hast belied mine innocent child;
Thy slander hath gone through and through her heart,
And she lies buried with her ancestors:

O! in a tomb where never scandal slept,
Save this of hers, framed by thy villainy.

Much Ado Act 5 Scene 1.

Leontes says to Claudio thou hast belied my innocent child," and Borachio, afterwards, in the same scene says, „the lady is dead upon mine and my master's false accusation."