Footnote 2:(return)It refers to Sir Robert Ker Porter's third great battle-piece,AGINCOURT: which memorable battle took place October 25, 1415. Sir Robert presented it to the city of London, and it is still in the possession of the corporation: it was hung up in the Guildhall a few years since.Footnote 3:(return)In 1808, Sir R. K. Porter accompanied Sir John Moore's expedition to the Peninsula, and attended the campaign throughout, up to the closing catastrophe of the battle of Corunna. On his return to England, he published anonymously,Letters from Portugal and Spain, written during the March of the Troops under Sir John Moore, 1809, 8vo.—Ed.
It refers to Sir Robert Ker Porter's third great battle-piece,AGINCOURT: which memorable battle took place October 25, 1415. Sir Robert presented it to the city of London, and it is still in the possession of the corporation: it was hung up in the Guildhall a few years since.
In 1808, Sir R. K. Porter accompanied Sir John Moore's expedition to the Peninsula, and attended the campaign throughout, up to the closing catastrophe of the battle of Corunna. On his return to England, he published anonymously,Letters from Portugal and Spain, written during the March of the Troops under Sir John Moore, 1809, 8vo.—Ed.
Lord Ball of Bagshot.—Coryat, in hisCrudities, vol. ii. p. 471., edit. 1776, tells us that at St. Gewere, near Ober-Wesel—
"There hangeth an yron collar fastened in the wall, with one linke fit to be put upon a man's neck, without any manner of hurt to the party that weareth it."This collar doth every stranger and freshman, the first time that he passeth that way, put upon his neck, which he must weare so long standing till he hath redeemed himself with a competent measure of wine."
"There hangeth an yron collar fastened in the wall, with one linke fit to be put upon a man's neck, without any manner of hurt to the party that weareth it.
"This collar doth every stranger and freshman, the first time that he passeth that way, put upon his neck, which he must weare so long standing till he hath redeemed himself with a competent measure of wine."
Coryat submitted himself to the collar "for novelty sake," and he adds:
"This custome doth carry some kinde of affinity with certain sociable ceremonies that wee have in a place of England, which are performed by that most reuerend LordBallof Bagshot, in Hampshire, who doth with many, and indeed more solemne, rites inuest his brothers of his vnhallowed chappell of Basingstone (Basingstoke?) (as all our men of the westerne parts of England do know by deare experience to the smart of their purses), to these merry burgomaisters of SaintGewerevse to do."
"This custome doth carry some kinde of affinity with certain sociable ceremonies that wee have in a place of England, which are performed by that most reuerend LordBallof Bagshot, in Hampshire, who doth with many, and indeed more solemne, rites inuest his brothers of his vnhallowed chappell of Basingstone (Basingstoke?) (as all our men of the westerne parts of England do know by deare experience to the smart of their purses), to these merry burgomaisters of SaintGewerevse to do."
Will any of your readers state whether the custom is remembered in Hampshire, and afford explanation as to the most Rev. Lord Ball? The writers that I have referred to are silent, and I do not find mention of the custom in the pages of Mr. Urban.
J. H. M.
Marcarnes.—In Guillim'sDisplay of Heraldry(6th edit., London, 1724), sect. 2. chap. v. p. 32., occurs the following description of a coat of arms: "Marcarnes, vaire, a pale, sable."
There is no reference to a Heralds' Visitation, or to the locality in which resided the family bearing this name and coat. It is only mentioned as an instance among many others of the pale in heraldry. I have searched many heraldic books, as well as copies of Heralds' Visitations, but cannot find the name elsewhere. Will any herald advise me how to proceed farther in tracing it?
G. R. M.
The Claymore.—What is the original weapon to which belongs the name of claymore (claidh mhor)? Is it the two-handed sword, or the basket-hilted two-edged swordnowbearing the appellation? Is the latter kind of sword peculiar to Scotland? They are frequently to be met with in this part of the country. One was found a few years since plunged up to the hilt in the earth on the Cotswold Hills. It was somewhat longer than the Highland broadsword, but exactly similar to a weapon which I have seen, and which belonged to a Lowland Whig gentleman slain at Bothwell Bridge. If these swords be exclusively Scottish, may they not be relics of the unhappy defeat at Worcester?
Francis John Scott.
Tewkesbury.
Sir William Chester, Kt.—It is said of this gentleman in all the Baronetages, that "he was a great benefactor to the city of London in the time of Edward VI., and that he became so strictly religious, that for a considerable time before his death he retired from all business, entered himself a fellow-commoner at Cambridge, lived there some years' and was reputed a learned man." Did he take any degree at Cambridge, and to what college or hall did he belong? Must there not be some records in the University which will yield this information? I observe the "Graduati Cantabrigienses" only commence in 1659 in the printed list; but there must be older lists than this at Cambridge. Collins mentions that he was so conspicuous in his zeal for the Reformed religion, that he ran great risk of his life in Queen Mary's reign, and that one of his servants was burnt in Smithfield. Can any one inform me of his authority for this statement?
Tewars.
Canning on the Treaty of 1824 between the Netherlands and Great Britain.—When and under what circumstances did Canning use the following words?—
"The results of this treaty [of 1824 between England and Holland, to regulate their respective interests in the East Indies] were an admission of the principles of free trade. A line of demarcation was drawn, separating our territories from theirs, and ridding them of their settlements on the Indian continent. All these objects are now attained. We have obtained Sincapore, we have got a free trade, and in return we have given up Bencoolen."
"The results of this treaty [of 1824 between England and Holland, to regulate their respective interests in the East Indies] were an admission of the principles of free trade. A line of demarcation was drawn, separating our territories from theirs, and ridding them of their settlements on the Indian continent. All these objects are now attained. We have obtained Sincapore, we have got a free trade, and in return we have given up Bencoolen."
Where are these words to be found, and what is the title of the English paper called by theFrenchCourier du Commerce?—From theNavorscher.
L. D. S.
Ireland a bastinadoed Elephant.—"And Ireland, like a bastinadoed elephant, kneeled to receive her rider." This sentence is ascribed by Lord Byron to the Irish orator Curran. Diligent search through his speeches, as published in the United States, has been unsuccessful in finding it. Can any of your readers "locate it," as we say in the backwoods of America? A bastinado properly is a punishment inflicted by beating the soles of the feet: such a flagellation could not very conveniently be administered to an elephant. The figure, if used by Curran, has about it the character of an elephantine bull.
Old English W
Philadelphia.
Memorial Lines by Thomas Aquinas.—
"Thomas Aquinas summed up, in a quaint tetrastic, twelve causes which might found sentences of nullity, of repudiation, or of the two kinds of divorce; to which some other, as monkish as himself, added two more lines, increasing the causes to fourteen, and to these were afterwards added two more. The former are [here transcribed from] the note:'Error, conditio, votum, cognatio, crimen,Cultûs disparitas, vis, ordo, ligamen, honestas,Si sis affinis, si forte cöire nequibis,Si parochi, et duplicis desit præsentia testis,Raptave si mulier, parti nec reddita tutæ;Hæc facienda vetant connubia, facta retractant.'"—FromEssay on Scripture Doctrines of Adultery and Divorce, by H. V. Tabbs, 8vo.: Lond. 1822.
"Thomas Aquinas summed up, in a quaint tetrastic, twelve causes which might found sentences of nullity, of repudiation, or of the two kinds of divorce; to which some other, as monkish as himself, added two more lines, increasing the causes to fourteen, and to these were afterwards added two more. The former are [here transcribed from] the note:
'Error, conditio, votum, cognatio, crimen,Cultûs disparitas, vis, ordo, ligamen, honestas,Si sis affinis, si forte cöire nequibis,Si parochi, et duplicis desit præsentia testis,Raptave si mulier, parti nec reddita tutæ;Hæc facienda vetant connubia, facta retractant.'"—FromEssay on Scripture Doctrines of Adultery and Divorce, by H. V. Tabbs, 8vo.: Lond. 1822.
'Error, conditio, votum, cognatio, crimen,Cultûs disparitas, vis, ordo, ligamen, honestas,Si sis affinis, si forte cöire nequibis,Si parochi, et duplicis desit præsentia testis,Raptave si mulier, parti nec reddita tutæ;Hæc facienda vetant connubia, facta retractant.'"—FromEssay on Scripture Doctrines of Adultery and Divorce, by H. V. Tabbs, 8vo.: Lond. 1822.
'Error, conditio, votum, cognatio, crimen,
Cultûs disparitas, vis, ordo, ligamen, honestas,
Si sis affinis, si forte cöire nequibis,
Si parochi, et duplicis desit præsentia testis,
Raptave si mulier, parti nec reddita tutæ;
Hæc facienda vetant connubia, facta retractant.'"—FromEssay on Scripture Doctrines of Adultery and Divorce, by H. V. Tabbs, 8vo.: Lond. 1822.
The subject was proposed, and a prize of fifty pounds awarded to this essay, by the Society for Propagating Christian Knowledge in the Diocese of St. David's in 1821. This appears to me to have been a curious application of its funds by such a society. Can any of your readers explain it?
Balliolensis.
"Johnson's turgid style"—"What does not fade?"—Can any of your readers tell me where to find the following lines?
"I own I like not Johnson's turgid style,That gives an inch th' importance of a mile,"&c. &c.
"I own I like not Johnson's turgid style,That gives an inch th' importance of a mile,"&c. &c.
"I own I like not Johnson's turgid style,
That gives an inch th' importance of a mile,"
&c. &c.
And
"What does not fade? The tower which long has stoodThe crash of tempests, and the warring winds,Shook by the sure but slow destroyer, Time,Now hangs in doubtful ruins o'er its base,"&c. &c.
"What does not fade? The tower which long has stoodThe crash of tempests, and the warring winds,Shook by the sure but slow destroyer, Time,Now hangs in doubtful ruins o'er its base,"&c. &c.
"What does not fade? The tower which long has stood
The crash of tempests, and the warring winds,
Shook by the sure but slow destroyer, Time,
Now hangs in doubtful ruins o'er its base,"
&c. &c.
A. F. B.
Meaning of "Lane," &c.—By what process of development could the Anglo-Saxonlaen(i. e.the English wordlane, and the Scottishloaning) have obtained its present meaning, which answers to that of thelimesof the Romanagrimensores?
What is considered to be the English measurement of the Romanjuger, and the authorities for such measurement?
What is the measurement of the Anglo-Saxonhyde, and the authorities for such measurement?
H.
Theobald le Botiller.—What Theobald le Botiller did Rose de Vernon marry? See Vernon, in Burke'sExtinct Peerage; Butler, in Lynch'sFeudal Dignities; and the 2nd Butler (Ormond), in Lodge'sPeerage.
Y. S. M.
William, fifth Lord Harrington.—Did William, fifth Lord Harrington, marry Margaret Neville (see Burke'sExtinct Peerage) or Lady Catherine Courtenay? The latter is given in Burke'sPeerage and Baronetage, in Sir John Harrington's pedigree.
Y. S. M.
Singular Discovery of a Cannon-ball.—A heavy cannon-shot, I should presume a thirty-two pound ball, was found embedded in a large tree, cut down some years since on the estate of J. W. Martin, Esq., at Showborough, in the parish of Twyning, Gloucestershire. There was never till quite lately any house of importance on the spot, nor is there any trace of intrenchments to be discovered. The tree stood at some distance from the banks of the Avon, and on the other side of that river runs the road from Tewkesbury through Bredon to Pershore. The ball in question is marked with the broad arrow. From whence and at what period was the shot fired?
Francis John Scott.
Tewkesbury.
Scottish Castles.—It is a popular belief, and quoted frequently in theStatistical Account of Scotland, and other works referring to Scottish affairs, that the fortresses of Edinburgh Castle, Stirling Castle, Dumbarton Castle, Blackness Castle, were appointed by the Articles of Union between England and Scotland to be kept in repair and garrisoned. Can any of your readers refer to the foundation for this statement? for no reference in to be found to the subject in the Articles of Union.
Scrymzeour.
Edinburgh.
Sneezing.—Concerningsneezing, it is a curious circumstance that if any one should sneeze in company in North Germany, those present will say, "Your good health;" in Vienna, gentlemen in acaféwill take off their hats, and say, "God be with you" and in Ireland Paddy will say, "God bless your honour," or "Long life to your honour." I understand that in Italy and Spain similar expressions are used and I think I rememberhearing, that in Bengal the natives make a "salam" on these occasions.
There is also, I believe, a popular idea among some of sneezing having some connexion with Satanic agency; and I lately met with a case where a peculiar odour was invariably distinguishable by two sisters, on a certain individual violently sneezing.
I shall be very much obliged if any of your readers can furnish me with any facts, theories, or popular ideas upon this subject.
Medicus.
Spenser's "Fairy Queen."—Allow me to employ an interval of leisure, after a visit to the remains of Kilcolman Castle, in inquiring whether any of your Irish readers can afford information respecting the existence of the long missing books of theFairy Queen? Mrs. Hall, in her work on Ireland (vol. i. pp. 93, 94.), says that—
"More than mere rumour exists for believing that the lost books have been preserved, and that the MS. was in the possession of aCaptain Garrett Naglewithin the last forty years."
"More than mere rumour exists for believing that the lost books have been preserved, and that the MS. was in the possession of aCaptain Garrett Naglewithin the last forty years."
W. L. N.
Buttevant, co. Cork.
Poema del Cid.—Is there any edition of thePoema del Cidbesides the one published by Sanchez (Poesias Castellanas anteriores al siglo XV.), and reprinted by Ochoa, and appended likewise to an edition of Ochoa'sTesoro de los Romanceros, &c., published at Barcelona in 1840? I shall feel obliged by being referred to an edition in a detached form, with glossary and notes, if such there be.
J. M. B.
The Brazen Head.—As upon two former occasions, through the useful and interesting pages of "N. & Q.," have been enabled to obtain information which I could procure in no other way, I am glad to have an opportunity of recording the obligations I myself, like many more, am under to "N. & Q.," and to some of your talented and kindly correspondents. Being anxious still farther to trespass upon your space, I take this opportunity of alike thanking you and them.—Could any reader of "N. & Q." inform me whether more than two numbers ofThe Brazen Headwere ever published? Through the great courtesy of talented correspondent of "N. & Q." from Worcester, I have the first two; but I am anxious, for a literary purpose, toascertainwhether the publication was continued after.
A. F. A. W.
"The Basilics."—What is the manuscript called the "Basilics" in the following passage, which occurs in a cotemporary MS., "Memoirs of the Life of the Right Hon. John Lord Scudamore, Viscount Sligo in Ireland," in the library of P. Howard, Esq., at Corby Castle? Is it known where it is now preserved?
Have these memoirs been printed? Lord S. was born in 1600, and was ambassador to France when this circumstance occurred.
"There having been intelligence given to his Excellence by that renowned person, and his then great acquaintance, Mons. Grotius, lieger in Paris for the crown of Sweden, of a very valuable manuscript of many volumes, being the body of the civil law in Greek, commonly called the 'Basilics,' in the hands of the heirs of the famous lawyer lately deceased, Petrus Faber,—desirous to enrich his country with this treasure, he transacted and agreed with the possessors for the price of it, which was no less than 500l.But when it should have been delivered, and the money was ready to be paid down, Cardinal Richelieu (the great French minister of state at that time) having notice of the transaction interposed, and forbad the going on upon the contract, as thinking it would have been a diminution to their nation to permit such a prize to come into the hands of strangers, and by their charge and labour be communicated to the world."
"There having been intelligence given to his Excellence by that renowned person, and his then great acquaintance, Mons. Grotius, lieger in Paris for the crown of Sweden, of a very valuable manuscript of many volumes, being the body of the civil law in Greek, commonly called the 'Basilics,' in the hands of the heirs of the famous lawyer lately deceased, Petrus Faber,—desirous to enrich his country with this treasure, he transacted and agreed with the possessors for the price of it, which was no less than 500l.But when it should have been delivered, and the money was ready to be paid down, Cardinal Richelieu (the great French minister of state at that time) having notice of the transaction interposed, and forbad the going on upon the contract, as thinking it would have been a diminution to their nation to permit such a prize to come into the hands of strangers, and by their charge and labour be communicated to the world."
W. C. Trevelyan.
Wallington.
[Basilica is a name given to a digest of laws commenced by the Emperor Basilius in the year 867, and completed by his son Leo the philosopher in the year 880, the former having carried the work as far as forty books, and the latter having added twenty more, in which state it was published. The complete edition of Charles Annibal Fabrot, which appeared at Paris in 1647, proved of great service to the study of ancient jurisprudence. It is contained in seven volumes folio, and accompanied with Latin version of the text, as well as of the Greek scholia subjoined. See a valuable article on the Greek texts of the Roman law, in theForeign Quarterly Review, vol. vii. p. 461.—The MS. "Memoirs of the Hon. John Lord Scudamore" seem to have been used by Matthew Gibson in hisView of the Ancient and Present State of the Churches of Door, Horne-Lacy, and Hempsted, with Memoirs of the Scudamore Family, 4to., 1727, as the substance of the passage quoted by our correspondent is given at p. 95. of that work.]
[Basilica is a name given to a digest of laws commenced by the Emperor Basilius in the year 867, and completed by his son Leo the philosopher in the year 880, the former having carried the work as far as forty books, and the latter having added twenty more, in which state it was published. The complete edition of Charles Annibal Fabrot, which appeared at Paris in 1647, proved of great service to the study of ancient jurisprudence. It is contained in seven volumes folio, and accompanied with Latin version of the text, as well as of the Greek scholia subjoined. See a valuable article on the Greek texts of the Roman law, in theForeign Quarterly Review, vol. vii. p. 461.—The MS. "Memoirs of the Hon. John Lord Scudamore" seem to have been used by Matthew Gibson in hisView of the Ancient and Present State of the Churches of Door, Horne-Lacy, and Hempsted, with Memoirs of the Scudamore Family, 4to., 1727, as the substance of the passage quoted by our correspondent is given at p. 95. of that work.]
Fire at Honiton.—I am solicitous to learn the particulars of a fire which occurred at Honiton, in Devonshire, in the year 1765, when the chapel and school-house were burned down, and the former thereupon rebuilt bycollectionsunder abrief.
In a review of Mr. Digby Wyatt's "Industrial Arts of the Nineteenth Century" (in theAthenæumfor June 18th of the current year), reference is made by Mrs. Treadwin of Exeter to "a bookmentioning two great fires which occurred in 1756 and 1767 in Honiton," but it is not stated who was theauthorof that book.
Can you or any of your readers furnish me with thetitleof the book intended, or direct me to any other sources of information on the subject of the Honiton fires?
S. T.
[Notices of fires at Honiton occur in the following works:—The Wisdom and Righteousness of Divine Providence.A sermon preached at Honiton on occasion of a dreadful fire, 21st August, 1765, which consumed 140 houses, a chapel, and a meeting-house. By R. Harrison, 4to. 1765.—Shaw, in hisTour to the West of England, p. 444., mentions a dreadful fire, 19th July, 1747, which reduced three parts of the town to ashes.—Lysons'Devonshire, p. 281., states that Honiton has been visited by the destructive calamity of fire in 1672, 1747, 1754, and 1765. The last-mentioned happened on the 21st August, and was the most calamitous; 115 houses were burnt down, and the steeple of Allhallows Chapel, with the school, were destroyed. The damage was estimated at above 10,500l.]
[Notices of fires at Honiton occur in the following works:—The Wisdom and Righteousness of Divine Providence.A sermon preached at Honiton on occasion of a dreadful fire, 21st August, 1765, which consumed 140 houses, a chapel, and a meeting-house. By R. Harrison, 4to. 1765.—Shaw, in hisTour to the West of England, p. 444., mentions a dreadful fire, 19th July, 1747, which reduced three parts of the town to ashes.—Lysons'Devonshire, p. 281., states that Honiton has been visited by the destructive calamity of fire in 1672, 1747, 1754, and 1765. The last-mentioned happened on the 21st August, and was the most calamitous; 115 houses were burnt down, and the steeple of Allhallows Chapel, with the school, were destroyed. The damage was estimated at above 10,500l.]
Michaelmas Goose.—The following little inconsistency in a commonly-received tradition has led me, at the request of a large party of well-read and literary friends, to request your solution of the difficulty in an early Number of your paper.
It is currently reported, and nine men in ten will tell you, if you ask them the reason why goose is always eaten on the 29th Sept., Michaelmas Day, that Queen Elizabeth was eating goose when the news of the destruction of the Invincible Armada was brought, and she immediately put down her knife and fork, and said, "From this day forth let all British-born subjects eat goose on this day."
Now in Creasy'sBattlesit is stated that the Spanish fleet was destroyed in the month of July. How could it then be the 29th of Sept. when the news of its defeat reached her majesty? If any of your readers can solve this seeming improbability be will greatly oblige
Michaelmas Day.
[Although it may be difficult to show how it is that the custom of eating goose has in this country been transferred to Michaelmas Day, while on the Continent it is observed at Martinmas, from which practice the goose is often calledSt. Martin's bird, it is very easy to prove that there is no foundation for the tradition referred to by our correspondent. For the following extract from Stow'sAnnales(ed. Howes), p. 749., will show that, so far from the news of the defeat of the Armada not reaching Elizabeth until the 29th of September, public thanksgivings for the victory had been offered on the 20th of the preceding month:"On the 20th of August, M. Nowell, Deane of Paules, preached at Paules Crosse, in presence of the lord Maior and Aldermen, and the companies in their best liveries, moving them to give laud and praise unto Almightie God, for the great victorie by him given to our English nation, by the overthrowe of the Spanish fleete."]
[Although it may be difficult to show how it is that the custom of eating goose has in this country been transferred to Michaelmas Day, while on the Continent it is observed at Martinmas, from which practice the goose is often calledSt. Martin's bird, it is very easy to prove that there is no foundation for the tradition referred to by our correspondent. For the following extract from Stow'sAnnales(ed. Howes), p. 749., will show that, so far from the news of the defeat of the Armada not reaching Elizabeth until the 29th of September, public thanksgivings for the victory had been offered on the 20th of the preceding month:
"On the 20th of August, M. Nowell, Deane of Paules, preached at Paules Crosse, in presence of the lord Maior and Aldermen, and the companies in their best liveries, moving them to give laud and praise unto Almightie God, for the great victorie by him given to our English nation, by the overthrowe of the Spanish fleete."]
(Vol. viii., p. 221.)
Although I cannot answer the question ofSir Walter Trevelyan, the following notices respecting the portraits of the Philosopher of Malmesbury may not be unacceptable to him and to those who hold this distinguished man's memory in high respect.
That admirable gossip, John Aubrey, who lived in habits of intimacy with Hobbes, has left us such a lively picture of the man, his person, and his manners, as to leave nothing to desire. In reading it we cannot but regret that Aubrey had not been a cotemporary of our great poet, about whom he has been only able to furnish us with some hearsay anecdotes.
Aubrey tells us that—
"Sir Charles Scarborough, M.D., Physician to his Royal Highness the Duke of York, much loved the conversation of Hobbes, and hath a picture of him (drawne about 1655), under which is this distich:'Si quæris de me, mores inquire, sed illeQui quærit de me, forsitan alter erit.'""In their meeting (i. e.the Royal Society) at Gresham College is his picture drawne by the life, 1663, by a good hand, which they much esteeme, and several copies have been taken of it."
"Sir Charles Scarborough, M.D., Physician to his Royal Highness the Duke of York, much loved the conversation of Hobbes, and hath a picture of him (drawne about 1655), under which is this distich:
'Si quæris de me, mores inquire, sed illeQui quærit de me, forsitan alter erit.'"
'Si quæris de me, mores inquire, sed illeQui quærit de me, forsitan alter erit.'"
'Si quæris de me, mores inquire, sed ille
Qui quærit de me, forsitan alter erit.'"
"In their meeting (i. e.the Royal Society) at Gresham College is his picture drawne by the life, 1663, by a good hand, which they much esteeme, and several copies have been taken of it."
In a note Aubrey says:
"He did me the honour to sit for his picture to Jo. Baptist Caspars, an excellent painter, and 'tis a good piece. I presented it to the Society twelve years since."
"He did me the honour to sit for his picture to Jo. Baptist Caspars, an excellent painter, and 'tis a good piece. I presented it to the Society twelve years since."
In other places he tells us:
"Amongst other of his acquaintance I must not forget Mr. Samuel Cowper (Cooper), the prince of limners of this last age, who drew his picture as like as art could afford, and one of the best pieces that ever he did which his Majesty, at his returne, bought of him, and conserves as one of his greatest rarities in his closet at Whitehall."
"Amongst other of his acquaintance I must not forget Mr. Samuel Cowper (Cooper), the prince of limners of this last age, who drew his picture as like as art could afford, and one of the best pieces that ever he did which his Majesty, at his returne, bought of him, and conserves as one of his greatest rarities in his closet at Whitehall."
In a note he adds:
"This picture I intend to be borrowed of his Majesty for Mr. Loggan to engrave an accurate piece by, which will sell well both at home and abroad."
"This picture I intend to be borrowed of his Majesty for Mr. Loggan to engrave an accurate piece by, which will sell well both at home and abroad."
Again he says:
"Mr. S. Cowper (at whose house Hobbes and Sir William Petty often met) drew his picture twice: the first the King has; the other is yet in the custody of his (Cooper's) widowe; but he (Cowper) gave it indeed to me (and I promised I would give it to the archives at Oxon), but I, like a fool, did not take possession of it, for something of the garment was not quite finished, and he died, I being then in the country."
"Mr. S. Cowper (at whose house Hobbes and Sir William Petty often met) drew his picture twice: the first the King has; the other is yet in the custody of his (Cooper's) widowe; but he (Cowper) gave it indeed to me (and I promised I would give it to the archives at Oxon), but I, like a fool, did not take possession of it, for something of the garment was not quite finished, and he died, I being then in the country."
This picture is, I believe, now in my possession. It is a small half-length oil painting, measuring about twelve inches by nine. Hobbes is represented at an open arch or window, with his book, the Leviathan, open before him; the dress is, as Aubrey states, unfinished, and beneath is the remarkable inscription,—
"AUT EGO INSANIO SOLUS: AUT EGO SOLUS NON INSANIO."
"AUT EGO INSANIO SOLUS: AUT EGO SOLUS NON INSANIO."
It represents the philosopher at an advanced age, and is conformable in every respect to the following description of his person:
"In his old age he was very bald, yet within dore he used to study and sit bareheaded, and said he never tooke cold in his head, but that the greatest trouble was to keepe off the flies from pitching on the baldness. His head was of a mallet forme, approved by the physiologers. His face not very great, ample forehead, yellowish-red whiskers, which naturally turned up; belowe he was shaved close, except a little tip under his lip; not but that nature would have afforded him a venerable beard, but being mostly of a cheerful and pleasant humour, he affected not at all austerity and gravity, and to look severe. He considered gravity and heavinesse of countenance not so good marks of assurance of God's favour, as a cheerful charitable, and upright behaviour, which are better signes of religions than the zealous maintaining of controverted doctrines. He had a good eie, and that of a hazel colour, which was full of life and spirit, even to his last; when he was in discourse, there shone (as it were) a bright live coale within it. He had two kinds of looks; when he laught, was witty, and in a merry humour, one could scarce see his eies; by and by, when he was serious and earnest, he opened his eies round his eie-lids: he had middling eies, not very big nor very little. He was six foote high and something better, and went indifferently erect, or rather, considering his great age, very erect."
"In his old age he was very bald, yet within dore he used to study and sit bareheaded, and said he never tooke cold in his head, but that the greatest trouble was to keepe off the flies from pitching on the baldness. His head was of a mallet forme, approved by the physiologers. His face not very great, ample forehead, yellowish-red whiskers, which naturally turned up; belowe he was shaved close, except a little tip under his lip; not but that nature would have afforded him a venerable beard, but being mostly of a cheerful and pleasant humour, he affected not at all austerity and gravity, and to look severe. He considered gravity and heavinesse of countenance not so good marks of assurance of God's favour, as a cheerful charitable, and upright behaviour, which are better signes of religions than the zealous maintaining of controverted doctrines. He had a good eie, and that of a hazel colour, which was full of life and spirit, even to his last; when he was in discourse, there shone (as it were) a bright live coale within it. He had two kinds of looks; when he laught, was witty, and in a merry humour, one could scarce see his eies; by and by, when he was serious and earnest, he opened his eies round his eie-lids: he had middling eies, not very big nor very little. He was six foote high and something better, and went indifferently erect, or rather, considering his great age, very erect."
Aubrey was one of the patrons of Hollar, of whom he has also given us some brief but interesting particulars. The two following letters, which were transcribed by Malone when he contemplated a publication of the Aubrey papers, deserve preservation; indeed, one of them relates immediately to the subject of this notice:
"Sir,"I have now done the picture of Mr. Hobbes, and have showed it to some of his acquaintance, who say it to be very like; but Stent has deceived me, and maketh demurr to have it of me; as that at this present my labour seemeth to be lost, for it lyeth dead by me. However, I returne you many thankes for lending mee the Principall, and I have halve a dozen copies for you, and the painting I have delivered to your Messenger who brought it to mee before."Your humble servant,"W. HOLLAR."The 1st of August, 1661.""[For Mr. Aubrey.]"Sir,"I have beene told this morning that you are in Town, and that you desire to speak with mee, so I did presently repaire to your Lodging, but they told mee that you went out at 6 o'clock that morning, and it was past 7 then. If I could know certaine time when to finde you I would waite on you. My selve doe lodge without St. Clement's Inne back doore; as soon as you come up the steps and out of that doore is the first house and doore on the left hand, two paire of staires into a little passage right before you; but I am much abroad, and yet enough at home too."Your most humble servant,W. Hollar."If you had occasion to aske for mee of the people of the house, then you must say the Frenchman Limmner, for they know not my name perfectly, for reasons sake, otherwise you may goe up directly."
"Sir,
"I have now done the picture of Mr. Hobbes, and have showed it to some of his acquaintance, who say it to be very like; but Stent has deceived me, and maketh demurr to have it of me; as that at this present my labour seemeth to be lost, for it lyeth dead by me. However, I returne you many thankes for lending mee the Principall, and I have halve a dozen copies for you, and the painting I have delivered to your Messenger who brought it to mee before.
"Your humble servant,"W. HOLLAR.
"Your humble servant,"W. HOLLAR.
"Your humble servant,
"W. HOLLAR.
"The 1st of August, 1661."
"[For Mr. Aubrey.]
"Sir,
"I have beene told this morning that you are in Town, and that you desire to speak with mee, so I did presently repaire to your Lodging, but they told mee that you went out at 6 o'clock that morning, and it was past 7 then. If I could know certaine time when to finde you I would waite on you. My selve doe lodge without St. Clement's Inne back doore; as soon as you come up the steps and out of that doore is the first house and doore on the left hand, two paire of staires into a little passage right before you; but I am much abroad, and yet enough at home too.
"Your most humble servant,W. Hollar.
"Your most humble servant,W. Hollar.
"Your most humble servant,
W. Hollar.
"If you had occasion to aske for mee of the people of the house, then you must say the Frenchman Limmner, for they know not my name perfectly, for reasons sake, otherwise you may goe up directly."
This minute localising of one of the humble workshops of this admirable artist may not be unacceptable toMr. Peter Cunninghamfor some future edition of his very interestingHandbook of London. It may not be amiss to add that Hollar died on the 25th of March 1677, in the seventieth year of his age and that he was buried in St. Margaret's churchyard, Westminster, near the north-west corner of the tower, but without stone to mark the spot.
S. W. Singer.
Mickleham.
(Vol. viii., p. 62.)
In the vestry of the fine old priory church at Cartmel, in Lancashire, there is a good library, chiefly of divinity, consisting of about three hundred volumes, placed in a commodious room, and kept in nice order. This small but valuable collection was left to the parish by Thomas Preston, of Holker, Esq.
There is another in the vestry of the church at Castleton, in Derbyshire; or rather in a room built expressly to contain then, adjoining the vestry. They were left to the parish by the Rev. James Farrer, M.A., who had been vicar of Castleton for about forty-five years, and consist of about two thousand volumes in good condition, partly theological and partly miscellaneous, about equally divided, which are lent to the parishioners at the discretion of the vicar. Mr. Farrer left behind him a maiden sister, and a brother-in-law Mr. Hamilton, who resided in Bath; the former of whom erected the room containing the books, and a vestry at the same time and both considerably augmented the number of volumes, and made the library what it now is.
Under the chancel of the spacious and venerable parish church of Halifax, in Yorkshire, are some large rooms upon a level with the lower part of the churchyard, in one of which is contained a good library of books. Robert Clay, D.D., vicar of Halifax, who died April 9, 1628, was buried in this library, which he is said to have built.
In the Rectory House at Whitchurch, in Shropshire, built by Richard Newcome, D.D., rector of that place, and afterwards Bishop of St. Asaph, there is a valuable library left as an heirloom by the bequest of Jane, Countess Dowager of Bridgewater; who, in the year 1707, having purchased from his executors the library of the Reverend Clement Sankey, D.D., rector of Whitchurch, for 305l., left it for ever for the use of the rectors for the time being. The number of the volumes was 2250: amongst which are a fine copy of Walton'sPolyglott Bible, some of the ancient Fathers, and other valuable theological works. This collection has been subsequently increased by a bequest from the late Rev. Francis Henry, Earl of Bridgewater (of eccentric memory), rector of Whitchurch, who by his will, dated in 1825, gave the whole of his own books in the Rectory House at Whitchurch, to be added to the others, and left also the sum of 150l.to the rector to be invested in his name, and the dividends thereof expended by him, together with the money arising from the sale of his lordship's wines and liquors in his cellars at Whitchurch, in the purchase of printed books for the use of the rectors of that parish for the time being.
The same noble earl presented to the rector of Middle, in the county of Salop, a small collection of books towards founding a library there: and bequeathed by his will the sum of 800l., to be applied, under the direction of the rector of Middle for the time being, for augmenting this library. He also left a farther sum of 150l.to be invested in the name of the rector; and the dividends thereof expended by him in the purchase of books for the continual augmentation of the library, in the same manner as he had done at Whitchurch.
It is to this Earl of Bridgewater that we are indebted not only for those valuable works theBridgewater Treatises, but also for large bequests of money and landed property to the trustees of the British Museum, for the purchase of manuscripts, in addition to those from his own collection, which he had already bequeathed to the same institution.
Thos. Corser.
Stand Rectory.
(Vol. viii., pp. 8. 127.)
I am in a position to furnish a more complete account of this skirmish, and of the action of April 26, in which my grandfather, General Mansel, fell, from a copy of theEvening Mailof May 14, 1794, now in the possession of J. C. Mansel, Esq., of Cosgrove Hall, Northamptonshire. Your correspondentMr. T. C. Smithappears to have been misinformed as to the immediate suppression of thePoetical Sketchesby an officer of the Guards, as I have seen thethird editionof that work, printed in 1796.
"Particulars of the Glorious Victory obtained by the English Cavalry over the French under the Command of General Chapuis, at Troisoille, on the 26th of April, 1794."On the 25th, according to orders received from the Committee of Public Safety, and subsequently from General Pichegru, General Chapuis, who commanded the Camp of Cæsar, marched from thence with his whole force, consisting of 25,000 infantry, 3000 cavalry, and seventy-five pieces of cannon. At Cambray he divided them into three columns; the one marched by Ligny, and attacked the redoubt at Troisoille, which was most gallantly defended by Col. Congreve against this column of 10,000 men. The second column was then united, consisting of 12,000 men, which marched on the high road as far as Beausois, and from that village turned off to join the first column; and the attack recommenced against Col. Congreve's redoubt, who kept the whole at bay. The enemy's flank was supported by the village of Caudry, to defend which they had six pieces of cannon, 2000 infantry, and 500 cavalry. During this period Gen. Otto conceived it practicable to fall on their flank with the cavalry; in consequence of which, Gen. Mansel, with about 1450 men—consisting of the Blues, 1st and 3rd Dragoon Guards, 5th Dragoon Guards, and 1st Dragoons, 15th and 16th Dragoons, with Gen. Dundas, and a division of Austrian cuirassiers, and another of Archduke Ferdinand's hussars under Prince Swartzenburg—after several manœuvres, came up with the enemy in the village of Caudry, through which they charged, putting the cavalry to flight, and putting a number of infantry to the sword, and taking the cannon. Gen. Chapuis, perceiving the attack on the village of Caudry, sent down the regiment of carabineers to support those troops; but the succour came too late, and this regiment was charged by the English light dragoons and the hussars, and immediately gave way with some little loss. The charge was then continued against a battery of eight pieces of cannon behind a small ravine, which was soon carried; and, with equal rapidity, the heavy cavalry rushed on to attack a battery of fourteen pieces of cannon, placed on an eminence behind a very steep ravine, into which many of the front ranks fell; and the cannon, being loaded with grape, did some execution: however, a considerable body, with Gen. Mansel at their head, passed the ravine, and charged the cannon with inconceivable intrepidity, and their efforts were crowned with the utmost success. This event decided the day, and the remaining time was passed in cutting down battalions, till every man and horse was obliged to give up the pursuit from fatigue. It was at the mouth of this battery that the brave and worthy Gen. Mansel was shot: one grape-shot entering his chin, fracturing the spine, and coming out between the shoulders; and the other breaking his arm to splinters; his horse was also killed under him, his Brigade-Major Payne's horse shot, and his son and aide-de-camp, Capt. Mansel, wounded and taken prisoner; and it is since known that he was taken intoArras. The French lost between 14,000 and 15,000 men killed; we took 580 prisoners. The loss in tumbrils and ammunition was immense, and in all fifty pieces of cannon, of which thirty-five fell to the English; twenty-seven to the heavy, and eight to the light cavalry. Thus ended a day which will redound with immortal honour to the bravery of the British cavalry, who, assisted by a small body of Austrians, the whole not amounting to 1500, gained so complete a victory over 22,000 men in sight of theircorps de reserve, consisting of 6000 men and twenty pieces of cannon. Had the cavalry been more numerous, or the infantry able to come up, it is probable few of the French would have escaped. History does not furnish such an example of courage."The whole army lamented the loss of the brave General, who thus gloriously terminated a long military career, during which he had been ever honoured, esteemed, and respected by all who knew him. It should be some consolation to those he has left behind him, that his reputation was as unsullied as his soul was honest; and that he died as he lived, an example of true courage, honour, and humility. On the 24th General Mansel narrowly escaped being surrounded at Villers de Couché by the enemy, owing to a mistake of General Otto's aide-de-camp, who was sent to bring up the heavy cavalry: in doing which he mistook the way, and led them to the front of the enemy's cannon, by which the 3rd Dragoon Guards suffered considerably."—Extract from theEvening Mail, May 14, 1794.
"Particulars of the Glorious Victory obtained by the English Cavalry over the French under the Command of General Chapuis, at Troisoille, on the 26th of April, 1794.
"On the 25th, according to orders received from the Committee of Public Safety, and subsequently from General Pichegru, General Chapuis, who commanded the Camp of Cæsar, marched from thence with his whole force, consisting of 25,000 infantry, 3000 cavalry, and seventy-five pieces of cannon. At Cambray he divided them into three columns; the one marched by Ligny, and attacked the redoubt at Troisoille, which was most gallantly defended by Col. Congreve against this column of 10,000 men. The second column was then united, consisting of 12,000 men, which marched on the high road as far as Beausois, and from that village turned off to join the first column; and the attack recommenced against Col. Congreve's redoubt, who kept the whole at bay. The enemy's flank was supported by the village of Caudry, to defend which they had six pieces of cannon, 2000 infantry, and 500 cavalry. During this period Gen. Otto conceived it practicable to fall on their flank with the cavalry; in consequence of which, Gen. Mansel, with about 1450 men—consisting of the Blues, 1st and 3rd Dragoon Guards, 5th Dragoon Guards, and 1st Dragoons, 15th and 16th Dragoons, with Gen. Dundas, and a division of Austrian cuirassiers, and another of Archduke Ferdinand's hussars under Prince Swartzenburg—after several manœuvres, came up with the enemy in the village of Caudry, through which they charged, putting the cavalry to flight, and putting a number of infantry to the sword, and taking the cannon. Gen. Chapuis, perceiving the attack on the village of Caudry, sent down the regiment of carabineers to support those troops; but the succour came too late, and this regiment was charged by the English light dragoons and the hussars, and immediately gave way with some little loss. The charge was then continued against a battery of eight pieces of cannon behind a small ravine, which was soon carried; and, with equal rapidity, the heavy cavalry rushed on to attack a battery of fourteen pieces of cannon, placed on an eminence behind a very steep ravine, into which many of the front ranks fell; and the cannon, being loaded with grape, did some execution: however, a considerable body, with Gen. Mansel at their head, passed the ravine, and charged the cannon with inconceivable intrepidity, and their efforts were crowned with the utmost success. This event decided the day, and the remaining time was passed in cutting down battalions, till every man and horse was obliged to give up the pursuit from fatigue. It was at the mouth of this battery that the brave and worthy Gen. Mansel was shot: one grape-shot entering his chin, fracturing the spine, and coming out between the shoulders; and the other breaking his arm to splinters; his horse was also killed under him, his Brigade-Major Payne's horse shot, and his son and aide-de-camp, Capt. Mansel, wounded and taken prisoner; and it is since known that he was taken intoArras. The French lost between 14,000 and 15,000 men killed; we took 580 prisoners. The loss in tumbrils and ammunition was immense, and in all fifty pieces of cannon, of which thirty-five fell to the English; twenty-seven to the heavy, and eight to the light cavalry. Thus ended a day which will redound with immortal honour to the bravery of the British cavalry, who, assisted by a small body of Austrians, the whole not amounting to 1500, gained so complete a victory over 22,000 men in sight of theircorps de reserve, consisting of 6000 men and twenty pieces of cannon. Had the cavalry been more numerous, or the infantry able to come up, it is probable few of the French would have escaped. History does not furnish such an example of courage.
"The whole army lamented the loss of the brave General, who thus gloriously terminated a long military career, during which he had been ever honoured, esteemed, and respected by all who knew him. It should be some consolation to those he has left behind him, that his reputation was as unsullied as his soul was honest; and that he died as he lived, an example of true courage, honour, and humility. On the 24th General Mansel narrowly escaped being surrounded at Villers de Couché by the enemy, owing to a mistake of General Otto's aide-de-camp, who was sent to bring up the heavy cavalry: in doing which he mistook the way, and led them to the front of the enemy's cannon, by which the 3rd Dragoon Guards suffered considerably."—Extract from theEvening Mail, May 14, 1794.
From the above extract, compared with the communication ofMr. Smith(Vol. viii., p. 127.), it appears that the 15th Light Dragoons were engaged in both actions, that of Villers en Couché on April 24, and that of Troisoille (or Cateau) on the 26th. In the statement communicated byMr. Simpson(Ibid.p. 8.), there appears to be some confusion between the particulars of the two engagements.
H. L. Mansel, B.D.
St. John's College, Oxford
As the action at Villers en Couché has lately been brought before your readers, allow me to direct your correspondent to theJournals and Correspondence of Sir Harry Calvert, edited by Sir Harry Verney, and just published by Messrs. Hurst and Co.,—a book which contains a good deal of valuable information respecting a memorable campaign. Sir Harry Calvert, under the date of the 25th of April, 1794, thus describes the action at Villers en Couché:
"Since Tuesday, as I foresaw was likely, we have been a good deal on thequi vive. On Wednesday morning we had information that the enemy had moved in considerable force from the Camp de César, and early in the afternoon we learned that they had crossed the Selle at Saultzoir, and pushed patrols towards Quesnoy and Valenciennes. The Duke [of York] sent orders to General Otto, who had gone out to Cambray on a reconnoitring party with light dragoons and hussars, to get into the rear of the enemy, find out their strength, and endeavour to cut them off. The enemy retired to Villers en Couché that night, but occupied Saultzoir and Haussy. Otto, fielding their strength greater than he expected, about 14,000, early in the evening sent in for a brigade of heavy cavalry for his support, which marched first to Fontaine Antarque, and afterwards to St. Hilaire; and in the night he sent for a farther support of four battalions and some artillery. Unfortunately he confided this important mission to a hussar, who never delivered it, probably having lost his way, so that, in the morning, the general found himself under the necessity of attacking with very inferior numbers. However, by repeated charges of his light cavalry, he drove the enemy back into their camp, and took three pieces of cannon. He had, at one time, taken eight; but the enemy, bringing up repeated reinforcements of fresh troops, retook five."Our loss I cannot yet ascertain, but I fear the 15th Light Dragoons have suffered considerably. Two battalions of the enemy are entirely destroyed."
"Since Tuesday, as I foresaw was likely, we have been a good deal on thequi vive. On Wednesday morning we had information that the enemy had moved in considerable force from the Camp de César, and early in the afternoon we learned that they had crossed the Selle at Saultzoir, and pushed patrols towards Quesnoy and Valenciennes. The Duke [of York] sent orders to General Otto, who had gone out to Cambray on a reconnoitring party with light dragoons and hussars, to get into the rear of the enemy, find out their strength, and endeavour to cut them off. The enemy retired to Villers en Couché that night, but occupied Saultzoir and Haussy. Otto, fielding their strength greater than he expected, about 14,000, early in the evening sent in for a brigade of heavy cavalry for his support, which marched first to Fontaine Antarque, and afterwards to St. Hilaire; and in the night he sent for a farther support of four battalions and some artillery. Unfortunately he confided this important mission to a hussar, who never delivered it, probably having lost his way, so that, in the morning, the general found himself under the necessity of attacking with very inferior numbers. However, by repeated charges of his light cavalry, he drove the enemy back into their camp, and took three pieces of cannon. He had, at one time, taken eight; but the enemy, bringing up repeated reinforcements of fresh troops, retook five.
"Our loss I cannot yet ascertain, but I fear the 15th Light Dragoons have suffered considerably. Two battalions of the enemy are entirely destroyed."
The especial bravery of the troops engaged on the 26th, which is another subject noticed by your correspondentBibliothecar. Chetham. prompted the following entry on his journal by Sir Harry Calvert:
"April 26.—The enemy made a general attack on the camp of the allies. On their approaching the right of the camp, the Duke of York directed a column of heavy cavalry, consisting of the regiment of Zedwitsch Cuirassiers, the Blues, Royals, 1st, 3rd, and 5th Dragoon Guards, to turn the enemy, or endeavour to take them in flank, which service they performed in a style beyond all praise, charging repeatedly through the enemy's column, and taking twenty-six pieces of cannon. The light dragoons and hussars took nine pieces on the left of the Duke's camp."
"April 26.—The enemy made a general attack on the camp of the allies. On their approaching the right of the camp, the Duke of York directed a column of heavy cavalry, consisting of the regiment of Zedwitsch Cuirassiers, the Blues, Royals, 1st, 3rd, and 5th Dragoon Guards, to turn the enemy, or endeavour to take them in flank, which service they performed in a style beyond all praise, charging repeatedly through the enemy's column, and taking twenty-six pieces of cannon. The light dragoons and hussars took nine pieces on the left of the Duke's camp."
Sir Harry Verney has printed in an Appendix his father's well-considered plans for the defence of the country against the invasion anticipated in 1796.
J. B.
(Vol. viii., pp. 198. 250. 296.)
The misunderstanding which has arisen betweenProfessor De Morganand A. E. B. has proceeded, it appears, from the misapplication of the statement of the latter's authority (Arthur Hopton) to the question at issue. Where Hopton says that our lawyers count their day from sunrise to sunset, he, I am of opinion, merely refers to certain instances, such as distress for rent:
"A man cannot distrain for rent or rent-charge in the night (which, according to the author ofThe Mirror, is after sunset and before sunrising)."—Impey on Distress and Replevin, p. 49.
"A man cannot distrain for rent or rent-charge in the night (which, according to the author ofThe Mirror, is after sunset and before sunrising)."—Impey on Distress and Replevin, p. 49.
In common law, the day is now supposed among lawyers to be from six in the morning to seven at night for service of notices; in Chancery till eight at night. And a service after such times at nightwould be counted as good only for the next day. In the case of Liffinv.Pitcher, 1Dowl. N. S.767., Justice Coleridge said, "I am in the habit of giving twenty-four hours to plead when I give one day." Thus it will be perceived that a lawyer's day is of different lengths.
With regard to the time at which a person arrives at majority, we have good authority in support ofProfessor De Morgan'sstatement:
"So that full age in male or female is twenty-one years, which age is completed on the day preceding the anniversary of a person's birth, who till that time is an infant, and so styled in law."—Blackstone'sCommentaries, vol. i. p. 463.
"So that full age in male or female is twenty-one years, which age is completed on the day preceding the anniversary of a person's birth, who till that time is an infant, and so styled in law."—Blackstone'sCommentaries, vol. i. p. 463.
There is no doubt also that the law rejects fractions of a day where it is possible:
"It is clear that the law rejecteth all fractions of days for the uncertainty, and commonly allows him that hath part of the day in law to have the whole day, unless where it, by fraction or relation, may be a prejudice to a third person."—Sir O. Bridgm. l.
"It is clear that the law rejecteth all fractions of days for the uncertainty, and commonly allows him that hath part of the day in law to have the whole day, unless where it, by fraction or relation, may be a prejudice to a third person."—Sir O. Bridgm. l.
And in respect to the present case it is quite clear. In the case of Reg.v.The Parish of St. Mary, Warwick, reported in theJurist(vol. xvii. p. 551.), Lord Campbell said:
"In some cases the Court does not regard the fraction of a day. Where the question is on what day a person came of age, the fraction of the day on which he was born and on which he came of age is not considered."
"In some cases the Court does not regard the fraction of a day. Where the question is on what day a person came of age, the fraction of the day on which he was born and on which he came of age is not considered."
And farther on he says:
"It is a general maxim that the law does not regard the fraction of a day."
"It is a general maxim that the law does not regard the fraction of a day."
Russell Gole.
I only treat misquotation as anoffencein the old sense of the word; and courteously, but most positively, I deny the right of any one who quotes to omit, or to alter emphasis, without stating what he has done. That A. E. B. did misunderstand me, I was justified in inferring from his implication (p. 198. col. 2) that I made the day begin "a minute after midnight."
Arthur Hopton, whom A. E. B. quotes against me (but the quotation is from chapter xiv., not xiii.), is wrong in his law. The lawyers, from Coke down to our own time, give both days, the natural and artificial, as legal days. See Coke Littleton (Index,Day), the current commentators on Blackstone, and the usual law dictionaries.
Nevertheless, this discussion will serve the purpose. No one denies that the day of majority now begins at midnight: no one pretends to prove, by evidence of decisions, or opinion of writers on law, that it began otherwise in 1600. How then did Ben Jonson make it begin, as clearly A. E. B. shows he does, at six o'clock (meaning probably a certain sunrise)? Hopton throws out the natural day altogether in a work on chronology, and lays down the artificial day as the only one known to lawyers: it is not wonderful that Jonson should have fallen into the same mistake.
A. De Morgan.
(Vol. viii., p. 195.)
I send, as a pendant toMr. Weir'slines from Juvenal, the following extract from Cicero:
"Sed in eâ es urbe, in quâ hæc, vel plura, et ornatiora,parietes ipsi loquiposse videantur."—Cic.Epist., 1. vi. 3.: Torquato, Pearce's 12mo. edition.
"Sed in eâ es urbe, in quâ hæc, vel plura, et ornatiora,parietes ipsi loquiposse videantur."—Cic.Epist., 1. vi. 3.: Torquato, Pearce's 12mo. edition.
Most, if not all, of the readers of "N. & Q." are I believe, pleased by having their attention drawn to parallel passages in which a similarity of idea or thought is found. Let us adopt for conciseness the term "parallel passages" (frequently used in "N. & Q."), as embracing every kind of similarity. Contributions of such passages to "N. & Q." would form a very interesting collection. I should be particularly pleased by a full collection of parallel passages from the Scriptures and ancient and modern literature, and especially Shakspeare. (SeeMr. Buckton's"Shakspearian Parallels,"antè, p. 240.)
To prevent sending passages that have been inserted in "N. & Q.," every note should refer to the note immediately preceding. I send the following parallel passages with some hesitation, because I have not my volumes of "N. & Q." at hand, to ascertain whether they have already appeared, and because they are probably familiar to your readers. I do not, however, send them as novelties, but as a contribution to the collection which I wish to see made:
"Ἀπὸ δὲ τοῦ μὴ ἔχοντος καὶ ὃ ἔχει ἀρθήσεται ἀπ' αὐτοῦ."—Matt.xxv. 29.,Lukexix. 26.
"Ἀπὸ δὲ τοῦ μὴ ἔχοντος καὶ ὃ ἔχει ἀρθήσεται ἀπ' αὐτοῦ."—Matt.xxv. 29.,Lukexix. 26.