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And then there was "parol" evidence, and plenty of it; witnesses who remembered everything about it, namely, Manuel, Miguel, and the all-recollecting De Haro; here were details, poetical and suggestive; and Dame-Quicklyish, as when his late Excellency, sitting not "by a sea-coal fire," but with aguardiente and cigarros, had sworn to him, the ex-ecclesiastic Miguel, that he should grant, and had granted, Garcia's request.
Basil Hall went to that spring, and built and occupied, because he owned it. His very settlement and occupancy was a proclamation of ownership an assertion of right the most satisfactory, and so the Court would say. Here he read from the Ohio Reports, to show that a parol claim, without any written color of title, was sufficient to make the claim.
A specialty is a contract under seal; as a deed, or a bond. But we shall here consider chiefly that common class of contracts called simple contracts, or contracts by parol. Parol signifies by word of mouth. Applied to contracts, however, it not only means verbal contracts, but includes written contracts not under seal.
As none such ever was sustained in a court of law, so none can be or ought to be sustained. Observe that minutes of proceedings can be no proof, for they were made by no authentic persons; registers were kept by no warranted officers; chairmen and moderators were chosen without authority. In short, there are no official records; there is no testimony in the case but parol.
They would not be licentious, but they have no stunning rebuke for licentious men, and will even admit them on parol into their society. This is the virtue of too many women a virtue scarcely worthy the name really no virtue at all a milk-and-water substitute a hypocritical, hollow pretension to virtue as unwomanly as it is disgraceful. This is not the virtue of true womanhood.
It was probably nothing more than a slight vagary of reasoning based upon the Roman elements which he borrowed from Bracton. It only remains to trace the gradual appearance of consideration in the decisions. A case of the reign of Edward III. /1/ seems to distinguish between a parol obligation founded on voluntary payments by the obligee and one founded on a payment at the obligor's request.
I have got this simpleton where I wanted him! I didn't 'spose he was fool enough to run into this trap; I set it on purpose for him: anybody else would have seen it; anything will catch him. The case can go no farther; the phrase, may it please the court, is Latin, and means that the case shall be dismissed. The parol, the plaintiff shall not demur, shall not have his suit.
Of what was resolved he was not left long in doubt, for the morning following, the whole Committee, with a contingent of the Invincibles, invaded the privacy of Greenwood, and required of him that he surrender to them such arms as he was possessed of, and sign a parol that he would in no way give aid or comfort to the invaders.
He is tenant by custom to the planets, of whom he holds the twelve houses by lease parol; to them he pays yearly rent, his study and time, yet lets them out again with all his heart for 40s. per annum.
"I have given him my parol, that he shall have safe conduct!" I laughed, bade Nighthawk good-bye, and left him smiling as I had found him. In ten minutes I was again on the Brock road, riding on through the darkness, between the impenetrable thickets. My reflections were by no means gay. The scenes at the lonely house had not been cheerful and mirth-inspiring.
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