Chapter IV: Canto IV: of Childe Harold, stanza 182 (3)

Any one acquainted with the course of practice at assizes at the period to which this anecdote refers, must be aware that no "warrant," in the sense in which the word is here used, was ever made out in such cases. The prisoner is legally in the custody of the sheriff when sentence is passed in court, and he leaves the court in that same custody. The judgment so pronounced is itself the warrant, though a short memorandum or note of it is officially made at the time; unless the judge reprieves or suspends the sentence, no sheriff waits for any further authority, and as for the unfortunate delinquent, no judge, sheriff, or gaoler ever supposed that any copy of a warrant was to be handed to the prisoner himself! During the interval between sentence and execution, if there be no reprieve or release from imprisonment by the authority of the executive, the prisoner is, and always has been, kept by the sheriff _in salvâ et arctâ custodiâ_ in the county gaol. The idea of an employment for years in rambling about the country on the gaoler's errands, is a preposterous figment, composed by some novelist who was unacquainted with the needful machinery for giving an air of verisimilitude to his story. The legend seems to be a version of the fate of Sir W. Raleigh adapted to low life; as in his case the scene is laid at Winchester, but the machinery and decorations are not contrived with a due regard to probability.

"Quodcunque essendis mihi sic, incredulus odi."

E. S.

_Locke's MSS._ (Vol. iii., p. 337.).--A good account of Locke's MSS. is to be found in Blakey's _History of Metaphysics_. They were in the possession of the Forster family, whose representative, Dr. Forster, M.D., is now, or was very lately, residing at Bruges.

ÆGROTUS.

_Peal of Bells_ (Vol. i., p. 154.).--The definition of a _peal_, viz., "a performance of above 5,000 changes," was recently confirmed to me by the two following inscriptions, which I read in the belfry of the curfew tower at Windsor:--

"Feb. 21, 1748, was rung in this steeple a complete 5,040 of union
trebles, never performed here before."

"College Youths.--This society rung in this steeple, Tuesday,
April 10, 1787, _a true and complete peal_ of 5,040 grandsire
triples in three hours and fourteen minutes."

A stone tablet in the bell chamber of Ecclesfield church records, that a few months ago "was rung in this tower _a peal_ of Kent treble bob major, consisting of 5,024 changes in three hours and five minutes."

ALFRED GATTY.

_Pope's "honest Factor"_ (Vol. iv., p. 6.).--If any one ever made a rational guess at who this _factor_ may have been, he must have been still more likely to have known who was meant by _Sir Balaam_, at whose identity I have never yet heard a guess. I suppose that both _factor_ and _knight_ were fancy characters.

C.

_Bells in Churches_ (Vol. iv., p. 165.).--The judgment stated to have been given by Lord Chief Justice _Campbell_, was given by Lord Chief Justice _Jervis_.

C. H. COOPER.

Cambridge.

_Virgil, Passage from_ (Vol. iii., p. 499.).--The line of Virgil (_Georg._, lib. iv. 87.) quoted,

"Pulveris exigui jactu compressa quiescunt,"

and the preceding line,

"Hi motus animorum atque hæc certamina tanta,"

have been happily applied to the contrasted quiescence of _Ash_-Wednesday immediately succeeding the tumultuous carnival in Roman Catholic countries, when the cross marked by _ashes_ on the forehead lulls to quiet the turbulent spirits of the previous weeks.

J. R.

_Duke of Berwick_ (Vol. iv., p. 133.).--The Duke of Berwick, born in 1671, and so created the 19th of March, 1687, by his father (natural) James II., was indeed a Spanish grandee, which he was made by Philip V., after his victory of Almanza, in 1707; but the title was Liria, not Alva, which belonged to the great house of Toledo, and was rendered famous (or infamous) by its bearer under Philip II. Berwick, however, transferred this Spanish title of Liria to his son James, by his first wife Honera de Burgh, daughter of William, seventh Earl of Clanrickard, with the annexed territory, or _majorat_. She was the widow of Patrick Sarsfield, Earl of Lucan, who conducted 14,000 Irish refugees to France in 1691, after the surrender of Limerick to Ginkle. She died of consumption, still young, at Montpelier, in 1698. The Duke of St. Simon, in his _Mémoires_, tome ii. p. 92., describes her as "belle, faite à peindre, touchante--une nymphe enfin;" but, though personally acquainted with her, he names her the daughter, instead of the widow, of Lucan. Berwick afterwards married Miss Buckley, one of the Queen Mary d'Este's maids of honour, by whom he had several children, who assumed the name of Fitz-James. Their descendants were colonels or proprietaires of the Irish Brigade regiment, called, after their founder, Berwick. The Spanish branch still maintains its rank and estates. Berwick was killed at the siege of Philpsburg, in Baden, the 12th June, 1734. His military talents were of acknowledged superiority; so far more resembling his uncle Marlborough than his father, whose dastardly flight at the Boyne he indignantly witnessed. His _Mémoires_, in two volumes 12mo., were published from his manuscript by his grandson, the Duke of Fitz-James, in 1778.

J. R.

Cork.

_Nullus and Nemo_ (Vol. iv., p. 153.).--The interpretation of "M.'s" woodcut will be found in Ulrich von Hutten's elegiac verses, which are exhibited in his [Greek: OUTIS], NEMO. Your correspondent's amusing conjecture about "nobody's child" was quite correct, as these lines prove:

"Quærendus puero pater est: Nemo obtigit. At tu,
Si me audis, alium stulta require patrem."

I suspect that "M.'s" old 4to. tracts bear a somewhat earlier date than 1520-30; but probably, this matter might be determined by Burckhard's _Commentarius de Ulrici ab Hutten fatis et meritis_, or by his _Analecta_ (Cf. Freytag, _Adpar. Lit._ iii. 519.), or by means of Münck's collection of De Hutten's works. I happen to have copies of two editions of the _Nemo_, which, though they are undated, must appertain to the year 1518. This was not, however, the period of the first publication of the poem; for the author, in a letter addressed to Erasmus in October, 1516, mentions it as having then appeared (Niceron, _Mémoires_, xv. 266.): but the original impression of this satirical performance is without the prefatory epistle to Crotus Rubianus [Johan Jager], who is believed to have had no inconsiderable share in the composition of the celebrated _Epistolæ obscurorum Virorum_.

R. G.

_Grimsdyke_ (Vol. iv., p. 192.).--I can mention at all events one other earthwork named Grimsdyke in England--the great earthwork, viz., south of Salisbury, which is called Grimsdyke. Mr. Guest has stated his belief that it was not a Belgic work, but a boundary line made by the Welsh after the treaty of the Mons Badonicus.

W. S. G.

Newcastle-upon-Tyne.

_Coke, how pronounced_ (Vol. iv., pp. 24. 93. 138.).--Respecting the pronunciation of the name of Coke at page 138., I recollect having some discussion on it in 1812 with the late Mr. Andrew Lynch, Master in Chancery, then a student at the Temple, when he corrected me for calling it _Cooke_, which he maintained should be called _Coake_. We happened to dine that day at Mr. Charles Butler's, his future father-in-law, and agreed to refer the matter to him who had been associated with Hargrave in publishing Sir Edward Coke's _Commentaries on Littleton_ (1809, 7 vols. 8vo.). Mr. Butler at once decided the question in my favour, adding that he had never heard the name otherwise pronounced, and that _Coake_ was quite a novelty, which he should never adopt--indeed, I am sure it is so, though now I find it generally prevalent.

J. R.

Cork.

_Marcus Ælius Antoninus_ (Vol. iv., p. 152.).--I think that your correspondent will not readily ascertain the owner of this pseudonyme; but, in the presumed absence of any opposing evidence, I would suggest that the mask may belong to Marc-Antonio Flaminio. Melancthon's excellent _Responsio ad scriptum quorundam delectorum à Clero secundario Coloniæ Agrippinæ_, 4to., Francfurdiæ, 1543, is now before me, but it does not allude to the _Querela_ set forth in the same year. It is said that the framer of the Cologne _Judicium_ against Bucer was the Carmelite Eberhardus Billicus; and TYRO may be assured that he is fortunate if he be a possessor of the tract by the fictitious Antoninus; for, in the words of Seckendorf,--

"Ex scriptis reliquis, occasione Reformationis Coloniensis tunc
publicatis, plurima in oblivionem fere venerunt, nec facile hodie
inveniuntur, typis licet olim excusa."--_Comm. de Luther._ lib.
iii. sect. 27. § cvii. p. 437. Francof. 1692.

R. G.

Miscellaneous.

NOTES ON BOOKS, SALES, CATALOGUES, ETC.

The sculptures which have been preserved with comparatively little injury for upwards of six centuries on the western front of the venerable cathedral of Wells have long excited the wonder and curiosity, as well as admiration, of all who looked upon them. All have been ready to recognise in them the expression of some grand design; but it has been reserved for Professor Cockerell to penetrate, through the quaintness of the style and the dilapidations of centuries, into their noble aim and purpose, and to describe at length this "extensive but hitherto unedited commentary in living sculpture of the thirteenth century, upon our earliest dynasties, our churchmen, and religious creed." This he has done in a handsome and richly illustrated volume, lately published by Mr. Parker under the title of _Iconography of the West Front of Wells Cathedral, with an Appendix on the Sculptures of other Mediæval Churches in England_: and the work will be found of the highest interest, not only for its valuable illustration of this "kalender for unlearned men," which we owe to the piety and love of art of Bishop Trotman, and which Flaxman speaks of as "_the earliest specimen_ of such magnificent and varied sculpture united in a series of sacred history that is to be found in western Europe," but also for the light it throws upon the history of art in this country. For not only have we in these pages the results of Professor Cockerell's studies of the extensive and important series of sculptures which form the immediate subject of them; but also his criticisms and remarks upon the cognate objects to be found at Exeter, Norwich, Malmesbury, Canterbury, Rochester, York, Beverley, Lichfield, Worcester, Lincoln, Gloucester, Salisbury, Peterborough, Croyland, and Bath. And who can speak with greater authority upon such points? whose opinion would be received with greater respect?

Surely Rome must have been styled the _Eternal City_ because there is no end to the books which are published respecting it:

"For every year and month sends forth a new one;"

yet the subject never seems exhausted. Now it is a high churchman who gives a picture of this "Niobe of nations," tinted _couleur de rose_; now a low churchman, who talks of nothing but abominations of a deeper dye; now some classical student tells how--

"The Goth, the Christian, time, war, flood, and fire
Have dealt upon the seven hill'd city's pride;"

now some worshipper of art, who unfolds the treasures garnered within its walls; now a politician loud in his praises of Young Italy, or his condemnation of foreign interference. The Chevalier de Chatelaine is none of these, or rather, he is almost all of them by turns; and consequently his _Rambles though Rome, descriptive of the Social, Political, and Ecclesiastical Condition of the City and its Inhabitants_, is a volume of pleasant gossip, more amusing to the reader than flattering to the character of the Roman people or those who govern them.

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