Notes and Queries, Number 183, April 30, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
History
Notes and Queries, Number 183, April 30, 1853: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
_Reverend Richard Midgley, Vicar of Rochdale_ (Vol. vii., p. 380).--The
collection of the lives of pious persons to which Dr. Whitaker refers, as
containing a very interesting account of Midgley, will undoubtedly be
Samuel Clarke's _Lives of Thirty-two English Divines_. The passage, which
will scarcely be new to your correspondent, is at p. 68. of the life of
"Master Richard Rothwell" (Clarkes's _Lives_, edit. 1677, fol.), and a very
pleasing passage it is, and one that I might almost {439} be justified in
extracting. Dr. Whitaker and Brook (_Lives of the Puritans_, vol. ii. p.
163.) seem to be at variance with regard to the Midgleys, the former
mentioning only one, and the latter two, vicars of the family.
JAS. CROSSLEY.
_Nose of Wax_ (Vol. vii., p. 158.).--Allow me to refer to a passage in "Ram
Alley, or Merry Tricks," by Lodowick Barry (which is reprinted in the fifth
volume of Dodsley's _Old Plays_), illustrative of this term. In Act I. Sc.
1., _Dash_ describes the law as
"The kingdom's eye, by which she sees
The acts and thoughts of men."
Whereupon _Throate_ observes:
"The kingdom's eye!
I tell thee, fool, it is the kingdom's nose,
By which she smells out all these rich transgressors;
Nor is't of flesh, but merely made of _wax_,
And 'tis within the power of us lawyers,
To wrest this _nose of wax_ which way we please."
This illustration was overlooked by Nares, to whose _Glossary_ you refer.
C. H. COOPER.
Cambridge.
_Canongate Marriages_ (Vol. v., p. 320.; Vol. vii., p. 67.).--The
correspondent who expressed his surprise some time ago at his Query on this
subject not having called forth any remark from your Scotch friends, will
perhaps find the explanation of this result in the fact, that in Scotland
we are guided by the civil or Roman law on the subject of marriage; and
consequently, with us marriage is altogether a civil contract; and we need
the intervention neither of clergyman, Gretna blacksmith, or the equally
disreputable Canongate coupler. The services of the last two individuals
are only sought for by you deluded southerns. All we require here is the
agreement or consent of the parties ("_consensus non_ concubitus facit
matrimonium"); and the legal questions which arise have reference chiefly
to the evidence of this consent. The agreement may be made verbally, or in
writing, before witnesses or not, as the parties choose. Or a marriage may
be constituted and proved merely by habit and repute, _i. e._ by the
parties living together as man and wife, and the man allowing the woman to
be addressed as his wife. A promise of marriage, followed by _copula_, also
constitutes a marriage. But it would be out of place here to enter into all
the arcana of the Scotch law of marriage: suffice it to say, that it
prevails equally at John o' Groat's House and Aberdeen, as in the Canongate
or at Gretna Green. A _regular_ marriage requires certain formalities, such
as the publication of banns, &c.
Public-domain text, read in full here on John Shaqi.
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