Notes and Queries, Number 40, August 3, 1850Various
History
Notes and Queries, Number 40, August 3, 1850
Various
Questions and answers -- Periodicals
Lord Campbell, in his _Lives of the Chancellors_ (v. 25.) and _Lives of
the Lord Chief Justices_ (ii. 543.), and Mr. Harris, in his _Life of
Lord Chancellor Hardwicke_ (i. 221.), give the lines as quoted by Lord
Mansfield, with the exception of the last and only important line, which
they give, after the note to Erskine's speeches, as
"Who are judges alike of the facts and the laws."
And Lord Campbell (who refers to _State Trials_, xxi.) says that Lord
Mansfield, in the Dean of St. Asaph's Case, misquoted the lines "to suit
his purpose, or from lapse of memory."
I know not what is the pamphlet referred to as printed in 1754; but on
consulting the song itself, as given in the 5th volume of the
_Craftsman_, 337., and there entitled "The Honest Jury; or, Caleb
Triumphant. To the tune of 'Packington's Pound,'" I find not only that
Lord Mansfield's recollection of the stanza he referred to was
substantially correct, but that the opinion in support of which he cited
it is expressed in another stanza besides that which he quoted. The
first verse of the song is as follows:
"Rejoice, ye good writers, your pens are set free;
Your thoughts and the _press_ are at full liberty;
For your _king_ and your _country_ you safely may write,
You may say _black_ is _black_, and prove _white_ is _white_;
Let no pamphleteers
Be concerned for their ears;
For every man now shall be tried by his _peers_.
_Twelve good honest men_ shall decide in each cause,
And be judges of _fact_, tho' not judges of _laws_."
In the third verse are the lines Lord Mansfield cited from memory:--
"For Sir Philip well knows
That _innuen-does_
Will serve him no longer in verse or in prose;
Since _twelve honest men_ have decided the cause,
And were judges of _fact_, tho' not judges of _laws_."
Lord Campbell and Mr. Harris both make another mistake with reference to
this ballad which I may perhaps be excused if I notice. They say that it
was composed on an unsuccessful prosecution of the _Craftsman_ by Sir
Philip Yorke, and that this unsuccessful prosecution was subsequent to
the successful prosecution of that paper on December 3rd, 1731. This was
not so: Sir Philip Yorke's unsuccessful prosecution, and to which of
course Pulteney's ballad refers, was in 1729, when Francklin was tried
for printing "The Alcayde of Seville's Speech," and, as the song
indicates, acquitted.
C.H. COOPER.
Cambridge, July 29. 1850.
* * * * *
NOTES ON MILTON.
(Continued from Vol. ii., p. 115)
_Comus._
On l. 8. (G.):--
"After life's fitful fever he sleeps well."
_Macbeth_, iii. 2.
On l. 101. (M.):--
"The bridegroom Sunne, who late the Earth had spoused,
Leaves his star-_chamber_; early in the _East_
He shook his sparkling locks."
Fletcher's _Purple Island_ C. ix. St. 1.
On l. 102. (M.):--
"And welcome him and his with _joy and feast_."
Fairfax's _Tasso_, B. i. St. 77.
On l. 155. (D.):--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account