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The English government, relieved from the fear of France; was more cold and haughty than ever. An Englishman employed by Requesens to assassinate the Prince of Orange, had been arrested in Zealand, who impudently pretended that he had undertaken to perform the same office for Count John, with the full consent and privity of Queen Elizabeth.
The doctor, struck with the manner as well as the matter of this intimation, went immediately to Pallet's room and demanded to know the cause of such a sudden determination without his privity or concurrence; and when he understood the necessity of their affairs, rather than travel by himself, he ordered his baggage to be packed up, and signified his readiness to conform to the emergency of the case; though he was not at all pleased with the cavalier behaviour of Pallet, to whom he threw out some hints on his own importance, and the immensity of his condescension in favouring him with such marks of regard.
Their reasoning was that "the devise is quasi an act of law, which shall inure without attornment, and shall make a sufficient privity, and so it may well be apportioned by this means." /1/ So it was said by Lord Ellenborough, in a case where a lessor and his heirs were entitled to terminate a lease on notice, that a devisee of the land as heres factus would be understood to have the same right. /2/
There is no doubt about the later law, as has been said at the outset. We have thus traced two competing and mutually inconsistent principles into our law. On the one hand is the conception of succession or privity; on the other, that of rights inhering in a thing. Bracton seems to have vacillated a little from a feeling of the possibility of conflict between the two.
And therefore it would seem that in such a case the tenant could refuse to pay him rent, and that payment to him would be no defence against the true owner. /1/ Nevertheless, if the tenant recognized him, the disseisor would be protected as against persons who could not show a better title. /2/ Furthermore, the rent was so far annexed to the land that whoever came by the reversion lawfully could collect it, including the superior lord in case of escheat. /3/ Yet escheat meant the extinction of the fee of which the lease and rent were parts, and although Bracton regarded the lord as coming in under the tenant's title pro herede, in privity, it was soon correctly settled that he did not, but came in paramount.
Long as his mind had been intent upon the subject, skilful as had been his combinations to secure his prey, and unlimited the means which were to achieve his purpose, another stepped in, and without his privity, without even the consolation of a struggle, stole away the prize; and this too a man whom he hated, almost the only individual out of his own family that he did hate; a man who had crossed him before in similar enterprises; who was his avowed foe; had lavished treasure to oppose him in elections; raised associations against his interest; established journals to assail him; denounced him in public; agitated against him in private; had declared more than once that he would make 'the county too hot for him; his personal, inveterate, indomitable foe, Mr.
Those letters might even have been concocted to suit Walsingham without his actual privity, by the man who had the task of deciphering and copying them. Having heard her denial, the Court was transferred from Fotheringay, where it first sat, to Westminster: and at Westminster, after further examination of the documents and of Mary's secretaries, it unanimously pronounced her guilty.
Only, as such covenants are rarely, if ever, made, except in leases, there is always privity to the original parties. For the lease could not, and the reversion would not be likely to, go by disseisin. The Dean of Windsor's Case decides that such a covenant binds an assignee of the term, although not named.
After this speech from the philo-Laconian Xenophon so significant a testimony of the unmeasured ascendency and interference of the Lacedæmonians throughout Greece Agasias rose, and proclaimed, that what he had done was neither under the orders, nor with the privity, of Xenophon; that he had acted on a personal impulse of wrath, at seeing his own honest and innocent soldier dragged away by the traitor Dexippus; but that he now willingly gave himself up as a victim, to avert from the army the displeasure of the Lacedæmonians.
So note a diversity between a use or warranty, and the like things annexed to the estate of the land in privity, and commons, advowsons, and other hereditaments annexed to the possession of the land." /3/ And this, it seems to me, is the nearest approach which has ever been made to the truth.
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