court of that time; dum hoc faciunt (saith he) milites gloriosi, Nivicollinus indomitus insolescit, inermes Britones intumescunt, ipsosque qui dicuntur palatini comites, et regum sanguine gloriantur, fere ad deditionem compellunt et quasi tributarios faciunt. But the first time that in express words I find the earl of Chester called comes palatinus, is in the memory of the coronation of queen Elianor, the wife to Henry the third; comite Cestriae gladium S. Edwardi (saith Matthew Paris) qui Curtein dicitur, ante regem bajulante, in signum quod comes est palatinus.

Ner.

Then, is there the county Palatine.

Por.

He doth nothing but frown; as who should say. An if you will not have me, choose: he hears merry tales, and smiles not: I fear, he will prove the weeping philosopher when he grows old, being so full of unmannerly sadness in his youth. I had rather be married to a death's head with a bone in his mouth, than to either of these. defend me from these two?

Ner.

How say you by the French lord, Monsieur Le Bon?

Por.

God made him, and therefore let him pass for a man.

God

In truth,

I know it is a sin to be a mocker; But, he! why, he hath a horse better than the Neapolitan's; a better bad habit of frowning than the count Palatine: he is every man in no man: if a throstle sing, he falls straight a capering: he will fence with his own shadow: if I should marry him, I should marry twenty husbands: If he would despise me, I would forgive him; for if he love me to madness, I shall never requite him.

Merchant of Venice Act 1 Scene 2. Upon like reason, as those of Chester, were the antient earls of Pembroke, palatines, being domini totius comitatus de Pembroch, and holding totum regale infra praecinctum comitatus sui de Pembroch, as the old records say, yet these were not often called so. (Selden Tit. Hon. 2. Part). Hugo de Belesmo (that was earl of Shrewsbury under William the II.) in some records of the time of Edward the first, is called a palatine.

William the Conqueror, first created one Hugh Wolf, a Norman, count palatine of Chester, and gave the earldom to

hold, as freely as the king held his crown. For the name of palatine, know, that in antient time, under the emperors of declining Rome, the title of count palatine was, but so, that it extended first only to him which had care of the household and imperial revenue; which is now (90 saith Wesembech, I affirm it not) as the marshal in other courts; but was also communicated by that honorary attribute of comitiva dignitas, to many others, which had anything proportionate, place or desert, as the code teacheth us. In later times, both in Germany (as you see in the Palsgrave of Rhine) in France, (which the earldom of Champaign shews long time since in the crown; yet keeping a distinct palatine government, as Peter Pithou hath at large published) and in this kingdom such were hereditarily honoured with it, as being near the prince in the court (which they, as we, called the palace) had by their state-carriage gained full opinion of their worth, and ability in government, by delegate power of territories to them committed, and hereafter titled countes de palais, as our law annals call them. (Selden. Notes upou Drayton's Polyolbion).

Olivia.

Run after that same peevish messenger,

The county's man.

Twelfth Night Act 1 Scene 5.

In the first Folio, in this passage we ́read „countes man," instead of county's man."

Conspiracy, conspiratio. Though both in Latin and French it is used for an agreement of men to do anything either good or bad; yet in Common Law it is alway taken in pejorem partem (Cowell Interpr.). The 33. Edward I. Statute 2 is entitled a Denfinition of Conspirators, Conspiratours sount ceux qi se entrelient per serement covenant ou per autre alliaunce qe chescun eidera et sustendra autri emprise de fausement et maliciousement enditer ou faire enditer ou fausement mover plees ou maintenir et auxi ceux qi fount enfauntz deinz age apeller les gentz des felonies per quoi ils sount emprisonez et moultz grevez et ceux qi reteignont gentz a lour robes et a lour fees pur maintenir lour malveis emprises et pur verite esteindre auxibien les pernours come les donours et Seneschalx et Bai

liffs des grauntz Seignurs qi per lour seignurie office ou poer emprenent a meintenir ou a sustenir plees ou barettez pur autres parties que cels que touchent lestat lour seignur ou eux

mesmes.

Ista ordinacio et finalis definicio Conspiratorum facta fuit et finaliter concordata per Regem et consilium suum in parliamento suo anno tricesimo tercio. et ordinatum est quod Justic' assignati ad diversas felonias et transgressiones audiend' et terminand' habeant transcriptum. (33. Edward I. Stat. 2).

Item pur ceo qe avant ces houres plusours gents du Roialme auxibien grants come autres ount fait alliaunces confederacies et conspiracies a meyntenir parties plees et quereles par ount plusours gentz ount este atort desheritez et ascuns rientz et destruz et ascuns pur doute destre mahimez et batuz noserent pas seuyr lour droit ne pleindre ne les jurours des enquestes lour verdits dire a grant damage du people et arrerissement de la lei et de commune droit si est accorde etc. (4. Edward III. cap. XI).

,,Conspiracy" says Coke „is a consultation and agreement between two or more, to appeal, or indict an innocent falsely and maliciously of felony, whom accordingly the cause to be indicted or appealed; and afterward the party is lawfully acquitted by the verdict of twelve men. (3. Inst. cap. LXVI). Prospero.

(Aside). I had forgot that foul conspiracy

Of the beast Caliban, and his confederates,
Against my life; the minute of their plot

Is almost come.

Hel.

Tempest Act 4 Scene 1.

Lo, she is one of this confederacy!

Now I perceive they have conjoin'd, all three,
To fashion this false sport in spite of me.

Injurious Hermia! most ungrateful maid!

Have you conspired, have you with these contrived
To bait me with this foul derision?

Midsummer's Night's Dream Act 3 Scene 2.

York.

Peruse this writing here, and thou shalt know

The treason that my haste forbids me shew.

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.

Confederacy, is when two or more confederate themselves 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 3. Inst. cap. and voluntary. (Cowell. Terms of the Law.

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. My lord Biron, see him deliver'd o'er

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