DEM 
@ut the Asie a s right; here the plaintiff may demur in 
law to the plea :—artd fo on in every other part of the pro- 
ceedings, where either fide perceives ae TS Becton 
on whic 
in point of law h he may reft hi 
The form of fuch demurrer ‘is by eae he declara- 
tion or plea, the replication or rejoinder, to be infufficient 
in law to maintain the aétion or the defence; and therefore 
praying judgment for want of fufficient matter alleged. 
Sometimes demurrers are merely for fant of fufficient form 
in the writ or declaration. But in cafe of exceptions to the 
arm, or manner of pleading, the party demurring muft, b 
fiature 27 Elizec. 5. and 4 & 5 Ann. c. 16. fet forth the 
caufes of his demurrer, or gins he apprehends the defi- 
either a general, or fuch a /pe~ 
urrer ; 
parties are at iffue in point of law ; which iffue in law, or 
demurrer, the judges of the court before which the ation is 
brought muft determine. (Finch. L. lib. iv.c. 40. 1 Inft. 71. 
Blackit. Comm, vol. iii. p. 34. 
Accordingly, demurrers, or queftions concerning the Sif- 
Jjiciency of the matters alleged in the pleadings, are to be 
termined by the jadges of the caurt, upon ean oak 
Dy counfel on both fides; and to that end a demurrer book 
made up, containing all the proceedings at length, which 
are afterwards entered on record ; and copies thereof, called 
paper-books, are eae to es bee to perufe. Ww hen the 
fubitance of the is complet 
ich the ace is 
t determined by t 
court, and not by ee al iy cone Vand judgment is inns 
upor according 
A demurrer in ae is nearly of the fame nature asa de- 
murrer in law; being an appeal to the judgment of the 
court, whether the defendant fhall be found to anfwer the 
plaintiff's bill ; as for want of fufficient matter of equity 
therein contained; or, when the plaintiff, upon his own 
fhewing, appears to have no right ; or where the bill feeks 
a sara of a Ss _ es caufe a forfeiture of any 
kind, or may c yy criminal mifbehaviour, 
a any of thefe aus a ae ee may demur to the bill. 
on demurrer, the defendant prevails, the plaintiff's 
bill thall be difmiffed: if the demurrer be over-ruled, the 
defendant is ordered to anfwer. Vy dil. 6. 
DemurRER to evidence takes place when a rec eh or 
ether matter, is pte ced ine evidence, concerning the legal 
ines en of which there arifes a doubt or queftion in 
wy hich cafe the adverfe party may, if he pleafes, 
eae . the whole evidence, which admits the truth of 
every fa that has been alleged, but denies the fufficiency a 
of them allin point of law to — or overthrow the 
[eyed 
+ 
o 
fo 
s 
Q. 
oO 
o. 
et 
iz) 
iffue. (Co. Litt. 72. 5 Rep ts) his draws the 
queftion of law from the eae of the jury, to be 
decided ae the'court. But this kind of demurrer is now 
f{eidom u 
‘received to plead the general iffue, not guilty, after a de- 
— oe againtt him. However, upon this doubt, 
DEM 
demurrers to indi&tments are feldom ufed; fince the fame 
advantages may be taken upon a plea of not guilty; or, 
afterwards, im arreft of judgment, ie verdict has eftae 
bliftred th ee Blackft. Comm. vol. iv. p. 334. 
S, Joun pve, in Biography, ae celebrated writer 
on mufic, . whom the invention of mufical characters is gene» 
anner, and others, allow him 
of t 
Goa a pilofophe, me by others a chanter of the church 
Notre-D t Paris. His country is likewife difputed : 
ty pographical oe he is called oo in Bontempi, 
inftead of Parigino, which makes him a native of Parma, 
inftead of pan “We call it a apeericl error, in order 
to acquit Bontempi of age uri3 an gee either 
from ignorance or want of integrity ; as a ef~ 
fion of a proof copy of his Storia dela Misia, in ei. 
among other oo. is e word 
Parmigiano is change Bat siough ie has 
no title : Ne invention of the time-table, as we fhall foon 
roa he mutt certainly have ea a great benefactor 
ae mufic by his numerous writings on the fubjec, 
wich, doubtlefs, threw new lights upon the art, as may be 
better imagined now from the gratitude of his fucceffors, by 
whom he 1s fo ree quoted and sonar - cite 
the writings themfelves, which Time, to 
pofed to have been fo great a friend, bas aden totally 
Pelee, and almoft unintelligible. 
But though he is entitled to an honourable- ae among 
mufical worthies ; yet, as both his ntry and profeffion 
have been difputed, all that can be d 
vended! s curiofity concerning him, is to give a complete lift 
of his works “we are ftill preferved i in the feveral libraries of 
Europe ; an m their titles and contents, to deduce at 
leaft a Sable opinion of other circumftances concerning 
im. 
Befides a MS. by the fame author, in the Vatican, on 
the fubject . herneay Hew we found there i ea by 
De Muris f mufic. OF the two firf, 
which are in ae fame volume, No. 5221, one of which is 
a treatife on “ Time, or Meafured Mutic:” Joannis de Muris 
Praética Cantus Menfurabilis, ai quilibet in Arte: This 
tract is likewife in Be’net co 0. 410, in the 
fame vol. as Walter Odington’ s etl, though the author 
has been hitherto oo eee heris “A Compendium of 
Counterpoint :”? Joann s de Muris Ars Summaria Con- 
trapundi, pr. voles introduci. The third, which is 
mong the queen of paki : MSS. No. 1718, confilts of 
“ Mutical ihaeercms explained in — :?? Joan. de Muris 
Theoremata Mufica 2 Veribus, beat 
king of eine s ake ‘s Paris, there are two 
mM ? or Mirror of Mufic, in 
fennus, Du-Cange, and Rouffeau, and in which they all tried 
in vain, as well as myfelf, (fays Dr. Burney) to find proofs of 
his having been the inventor of the time-table 
Rouffeau has given two confiderable Sarees from this 
work in his Mufical DiGtionary, article age 
°S 
pm 
- >) 
po 
"S$ ow 
ns 
po = 
= 
2h 
B 
y- m 
pluribus dulciter cantat, ut ex difliiGis fonis fonus unus fiat, 
non unitate fimplicitatis, fed dulcis concordifque mixtionis. 
unione, After which be explains what he means by con 
3F 
