148 



NOTES AND QUERIES. 



[No. 40. 



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 Chancel- 

 lor 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 io State Trials.sxi.) 

 says that Lord Mansfield, in the Dean of St. 

 Asaph's Case, misquoted the lines " to suit his pur- 

 pose, 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 snh- 

 stantially 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 safu'ly may write, 

 You may say Hack is black, and prove wldte is white ; 



Let no pamj)hleteers 



Be concerned for their ears ; 



For every man now shall be tried by his peers. 

 Twelve f/ood honest men shall decide m 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 innucn-does 

 ■\Vill serve him no longer in verse or in prose ; 

 Since twelve honest nvn 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 imsuccessful pro- 

 secution of the C?-aft.wian by Sir Philip Yorke, 

 and that this unsuccessful prosecution was subse- 

 quent to the successful prosecution of that paper 

 on December 3rd, 173L This was not so: Sir 

 Philip Yoi-ke'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 tlie song in- 

 dicates, acquitted. C. H. Coopee. 



Cambridge, July 29. 1850. 



NOTES ON MILTON. 



(Continued from Vol. ii., p. 115.) 



Comus. 

 On 1.8. (G.): — 



" After life's fitful fever he sleeps well." 



Macbeth, iii. 2. 

 On 1.101. (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 1.102. (M.): — 



" And welcome him and his with jni/ and feast." 

 Fairfax's Tasso', B. i. St, 77. 



Onl. 155. (D.): — 



" For if the sun's bright beams do blear the sight 

 Of such as fix'dly gaze against his light." 



Sylvester's Bu Bartas, Week i. Day 1. 



Onl. 162. (G.): — 



" Such reasons seeming plausible." 

 Warner's Albioiis England, p. 155. ed. 1612. 



Onl. 166. (G.): — 



" We are a few of those collected here 

 That ruder tongues distinguish villager." 

 Beaumont and Fletcher's Two Noble Kinsmen, ill. 5. 



On 1.215. (G.) "Unblemished" was originally 

 (Trw. Coll. Cam. MSS.) written "unspotted," 

 perhaps from Drayton : — 



" Whose form unspotted chastity may take," 



Ou 1. 254. (G.) Add to Mr. Warton's note, 

 that after the creation of Sir Robert Dudley to 

 be Earl of Leicester by Queen Elizabeth in 1564, 

 " He sat at dinner in his kirtle." So says Stow in 

 Annals, p. 658. edit. 1633. 

 Oul.290. (G,): — 



" My wrinckl'd face, 

 Grown smooth as Hebe's." 

 Randolph's Aristippus, p. 18. 4to. ed. 1630. 



On 1.297. (G.): — 



" Of frame more than celestial." 

 Fletcher's Purple Island, C, 6. S. 28. p. 71. ed. 1633. 



Onl, 331, (G.): — 



" Night begins to muffe up the day." 



Wither's Mistresse of Pkilarete. 



On 1.335, (G.): — 



" That whiles thick darkness blots the light. 

 My thoughts may cast another night : 

 In which double shade," &c. 



Cartwright's Poems, p. 220. ed, 1651. 



On 1.345, (G.): — 



" Singing to the sounds of oaten reed." 



Drummond, p. 128. 

 On 1,373. (G.): — 

 " Virtue gives herself light thro' darkness for to wade," 



Spenser's F. Queene. 



