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Privity of estate, as used in connection with covenants at common law, does not mean tenure or easement; it means succession to a title. /2/ It is never necessary between covenantor and covenantee, or any other persons, except between the present owner and the original covenantee.
Only lately did I receive a letter asking my pardon if schemes were made on my behalf without my privity, nor can anything be easier than to counterfeit a cipher, as was lately proved by a young man in France. Verily, I greatly fear that if these same letters were traced to their deviser, it would prove to be the one who is sitting here.
The action followed the guilty thing into whosesoever hands it came. /2/ And in curious contrast with the principle as inverted to meet still more modern views of public policy, if the animal was of a wild nature, that is, in the very case of the most ferocious animals, the owner ceased to be liable the moment it escaped, because at that moment he ceased to be owner. /3/ There seems to have been no other or more extensive liability by the old law, even where a slave was guilty with his master's knowledge, unless perhaps he was a mere tool in his master's hands. /1/ Gains and Ulpian showed an inclination to cut the noxoe deditio down to a privilege of the owner in case of misdeeds committed without his knowledge; but Ulpian is obliged to admit, that by the ancient law, according to Celsus, the action was noxal where a slave was guilty even with the privity of his master. /2/
Then as to the benefit of the use. We are told that the right to sue the subpoena descended indeed to the heir, on the ground of heres eadem persona cum antecessore, but that it was not assets. /5/ The cestui que use was given power to sell by an early statute. /6/ But with regard to trusts, Lord Coke tells us that in the reign of Queen Elizabeth all the judges in England held that a trust could not be assigned, "because it was a matter in privity between them, and was in the nature of a chose in action." /1/ Uses and trusts were both devisable, however, from an early day, /2/ and now trusts are as alienable as any form of property.
At last he decided upon revealing all to Camilla, and, as there was no want of opportunity for doing so, he found her alone the same day; but she, as soon as she had the chance of speaking to him, said, "Lothario my friend, I must tell thee I have a sorrow in my heart which fills it so that it seems ready to burst; and it will be a wonder if it does not; for the audacity of Leonela has now reached such a pitch that every night she conceals a gallant of hers in this house and remains with him till morning, at the expense of my reputation; inasmuch as it is open to anyone to question it who may see him quitting my house at such unseasonable hours; but what distresses me is that I cannot punish or chide her, for her privity to our intrigue bridles my mouth and keeps me silent about hers, while I am dreading that some catastrophe will come of it."
Thus within two years there had been five distinct attempts to assassinate the Prince, all of them, with the privity of the Spanish government. A sixth was soon to follow. In the summer of 1584, William of Orange was residing at Delft, where his wife, Louisa de Coligny, had given birth, in the preceding winter, to a son, afterwards the celebrated stadholder, Frederic Henry.
He writes at the same time to Spain, to tell him that he wonders to hear of a league almost ended between the Crown of Spain and England, by my Lord Sandwich, and all without his privity, while he was making a peace upon what terms he pleased with England.
Thus Seneca, condemned for privity to treason, was allowed to choose his mode of death. The criminal laws of modern European states followed too often the barbarous custom of the emperors until a recent date. Since the French Revolution, the severity of the penal codes has been much modified.
So for the present a breach was made between Master Jeremy and myself, which to me seemed no great loss, inasmuch as it relieved me from any privity to his dealings, for which I had small liking. All I feared was lest I might, in any way, be ungrateful to him; but when he would have no more of me, what could I do to help it?
But thy risk is as I say, and I shall tell thee whence I had my tale, since I love thee for thy kindness to me, and thy manliness. It was told me yester-eve by a woman who is in the very privity of the Lady of Utterbol, and is well with the Lord also: and it jumpeth with mine own thought on the matter; so I bid thee beware: for what is in me to grieve would be sore grieved wert thou cast away."
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