Sidebilder
PDF
ePub

W. Cockayne, son of Charles, fifth Viscount Cullen, by Sophia his second wife, whose descendants inherit all his property. He was buried in the family vault at Rothwell, and the following epitaph, by the late Dr. Bennett, Bishop of Cloyne, is on a marble slab in the church :

Sacred to the Memory of GEORGE HILL, Esq.,

Lord of this Manor and Hundred, and for Thirty-five Years
His Majesty's Ancient Serjeant at Law.
His superior Knowledge, founded on
Tully and the best ancient Moralists,
Confirmed by the study of our first
Professional writers, and arranged
In a memory uncommonly clear,
Stamped his legal opinions with the
Highest authority, while a simplicity
Of manner peculiarly his own,
Made him, in habits, in principles,
And in virtues, so different from the
Fleeting fashions of the day, as

To command respect from all who knew him.
He died Feb. 21st, 1808, aged 92.1

'Sir Samuel Romilly gives the following account of Serjeant Hill in his Diary: "The circuit (midland) did not indeed, when I joined it, appear to be over-stocked with talent. At the head of it, in point of rank, though with very little business, was Serjeant Hill; a lawyer of very profound and extensive learning, but with a very small portion of judgment, and without the faculty of making his great knowledge useful. On any subject on which you consulted him, he would pour forth the treasures of his legal science without order or discrimination. He seemed to be of the order of lawyers of Lord Coke's time, and he was the last of that race. For modern law he had supreme contempt; and I have heard him observe, that the greatest service that could be rendered the country would be to repeal all the statutes, and burn all the reports which were of a later date than the revolution.”— Life, vol. i. p. 72.

ART. V.-LEGAL RETROSPECTIONS.

WE resume our extracts from the amusing gossip book of the law student, John Manningham, which we introduced to the reader's notice in our last number. It is rather puzzling to understand how a manuscript so singularly illustrative of the personal history of the period, and of so quaint and chatty a kind, should have remained hitherto unpublished. Perhaps the title of the book may have operated in keeping it unknown, being lettered "Notes of Sermons." These certainly form a large part of the MS., but they are intermingled with notes of an infinite variety of other occurrences. Anecdotes of the bar-judges sayings--notices of actors-scandal— epigrams-jests, &c., mingled together with a simplicity, which stamps a reality on the book and lets us fully into the character of its author. He makes long notes of the sermons he hears, and then records in the succeeding sentence afterdinner anecdotes, which could hardly be published except as antiquarian and historical illustrations. We begin with two stories about Sir Thomas More.

"25 June, 1602.-Mr. Foster of Lyncolnes Inn told these jeasts of Sir Thomas Moore as we went to Westminster.

"One which had been a familiar acquaintaunce of Sir Tho. Moore's in his meaner fortunes came to visit him when he was in the height of his prosperite. Sir Thomas amongst other parts of entertaynement shewed him a gallery which he had furnished with good variety of excellent pictures and desyred his frends judgement, which he liked best, but he making difficulty to prefer anie, Sir Thomas showed him the picture of a deathes head with the words Memento morieris, which he commended as most excellent for the devise and conceit. The gentleman being desyrous to knowe what he conceived extraordinary in soe common a sentence, he told him, 'Sir, you remember sometymes you borrowed some monie of me, but I cannot remember you have remembered to repaye it. It is not much, and though I be chancellor I have use for as little, and nowe methinkes this picture speakes unto you Memento Mori æris. -Remember to pay Moore his money."

"After he was deprived of his place and dignity, whereas his gentlemen were wont after he was gone forth of church to signifie to their lady that his Lordship was gone before,-himselfe upon a

VOL. XXXI. NO. LXIV.

Z

Sunday came from his seate when prayer was ended, opened his Ladyes pue dore, saing Madame, his Lordship is gone before,' alluding to the losse of his place; and then Come, wife, nowe wee may goe together and talke."

6

This last anecdote helps us to a fact of some importance to the history of pews in churches. It is contended that pews, if known at all before the Reformation, were open benches and not inclosed partitions such as we use now. If such were the case, what could be the use of a door? We commend this anecdote to the notice of the Cambridge Camden Society.

The entries in this MS. are not made in any strict chronology. The writer appears to have used first one part of the volume then another.

The following story of one of Shakespeare's pranks is told by Charles Lamb, who does not say whence he obtained it. We have some recollection of seeing it in old jest books. It is remarkable that we should now find its authenticity vouched for by one of Shakespeare's contemporaries.

"Upon a tyme when Burbidge played Richard 3 there was a citizen greue so farr in liking with him, that before shee went from the play shee appointed him to come that night unto hir by the name of Richard the 3d. Shakespeare overhearing their conclusion, went before, was entertained and at his game ere Burbidge came. Then message being brought that Richard the 3rd was at the dore, Shakespeare caused returne to be made that William the Conqueror was before Richard the 3rd. Shakespeare's name was William."

"14 March, 1601.-Mr. Fleetewood the Recorder sitting in judgement, when a prisoner was to have his clergy and could not read, he saved him with this jeast, What will not that obstinat knave reade? Indeede goe take him away and whip him."

[ocr errors]

"He imprisoned one for sayng he had supt as well as the Lord Mayor when he had nothing but bread and cheese."

"3 May, 1602.-Mr. Touse told, that in the last circuit into Yorkeshire, the vice-president of Yorke would have had the upper hand of Justice Yelverton, but he would not yeeld."

"Long since when Justice Manwood roode Somersetshire circuit with L. Anderson, there happened a great quarrell betwixt the L.

Sturton and Sir Jo. Clifton, in which affray the L. Anderson himselfe onely with his cap in his hand tooke a sworde from a very lustie tall fellow-of such a courage is Anderson.

"My chamberfellowe told me of Mr. Lings opposition against him, and howe he had overmatcht him, told me of his owne preferment to Sir Robt. Cecile by the Lord Chief Baron Periams, and Lord Chief Justice Pophams meanes; almost without his owne suite by Sir Roberts favour he obtained the cancelling of an obligation, wherein his father stoode bound to auditor Tutle not to use that office or receive the profits for a certain time.”

"This day Serjeant Harris was retayned for the plaintiffe, and he argued for the defendant so negligent that he knowes not for whom he speakes."

"Soe many actions of Quare impedit in the Common place, that it were well a Quare impedit were brought against the Quare impedit for hindering other actions."

"6. When hir Majestie had given order that Spenser should have a reward for his Poemes, but Spenser could have nothing, he presented hir Majestie with these verses:

It pleased your grace upon a tyme
To grant me reason for my ryme,
But from that tyme untill this season
I heard of neither ryme nor reason.

[ocr errors]

"A gentleman whose father rose by the lawe, sitting at the bench while a lawyer was arguying in a case against the gentleman touching land which his father purchased—the gentleman, more cholerick than wise, sayd the lawyer would prate, and lie and speake anie thing for his fee: 'Well,' said the lawyer, 'yf your father had not spoken for a fee, I should have had noe cause to speake in this cause to day.'"

"The posterity of lawyers hath more flourished than that either of the clergy or citizens."

"October, 1602.-Mr. Kempe in the King's bench, reported that in tymes past the counsellors wore gownes faced with satten and some with yellowe cotten and the benchers with jennet furre-nowe

they are come to that pride and fantasticknes that every one must have a velvet face and some fur tricked with lace; that Justice Wray in his tyme spake to such an odd counsellor in this mannerQuomodo intrasti domine non habens vestem nupcialem, get you from the barr or I will put you from the barr, for your folish pride."

66

My cosen told me that the custome of burning women with their husbands in Goa began upon this occasion: the women of that countrey being skillfull in poysoninge and exceedingly given to the synn of lechery: could noe sooner like any other but presently their husband would die: that they might marry him whom they best liked whereupon it came to passe that one woman burried manie husbands and soe the King lost many subjects. And therefore to prevent this mischiefe the King ordeined, that whensoever the husband died, the wife, should be burned wth him in great solemnitie of musicke and assembly of frends-esteeming by this meanes to move the wives to make much of their husbands yf not for love of their companie, yet for the love of their owne lives, since their safety consisted in their preservation."

"Epitaphs in the Temple Churche, being H. Bellinghams, 1586, and Roger Bishop's, 1597."

"Epitaphe in ye Church at Hythe in Kent.

Whiles he did live which here doth lye
Three suites gott of ye Crowne:
The Mortmaine: fayre, and Mayoralty
For Heith this auncient Towne,
And was himselfe ye Baylif last
And Mayor first by name.
Though he be gon tyme is not past
To praye God for the same.

Of John Bridgman, obiit 1591."

"11 Oct. 1602.-The Lord Zouche, Ld president of the Marches of Wales, begins to knoue and use his authoritie so much that his jurisdiction is allready brought in question in the common place, and the chief justice of the bench thinkes that Glostershire, Herefordshire, &c. are not within his circuit. When he came to sitt on the bench at Ludlow there were, as it was wont, two cushions layd, one for the chiefe justice Leukenor, another for the president, but

« ForrigeFortsett »