474
NOTES AND QUERIES. [11 s. vi. DEC. u, 1912.
EMPLOYMENT OF COUNSEL IN TRIALS FOR
HIGH TREASON (11 S. vi. 49, 112). The
following lines, quoted by Samuel Warren
in his ' Miscellanies ' (i. 164) as from the
pen of John William Smith, admirably
satirize the state of the law I endeavoured
in my previous reply to explain :
And lest his oily advocate
The Court should overreach, His advocate was not allowed
The privilege of speech.
Yet such was the humanity
And wisdom of the law, That if in his indictment there
Appeared to be a flaw,
The Court assigned him counsellors
To argue on the doubt, Provided he himself had first
Contrived to point it out.
Yet lest their mildness should perchance
Be craftily abused, To show him the indictment they
Most sturdily refused.
But still, that he might understand
The nature of the charge, The same was in the Latin tongue
Bead out to him at large.
ERIC B, WATSON.
"SEX HORAS SOMNO " (11 S. vi. 411).
The entire quotation is :
Sex horas somnp, totidem des legibus aequis ;
Quatuor orabis, des epulisque duas ; Quod superest ultra, sacris largire Camaenis.
Sir Edward Coke.
Translated, or rather adapted, thus : Six hours to sleep, in law's grave study six ; Four spend in prayer, the rest on nature fix.
H. GOUDCHATJX.
Is this what Hie ET UBIQUE is in search of?
Sex horis dormire sat est juvenique senique : Septem vix pigro ; nulli concedimus octo.
' Collectio Salernitana,' ed. De Renzi, vol. ii. 11. 129, 130.
See Fumagalli, ' Chi 1' ha detto ? ' and King's ' Classical and Foreign Quotations.'
EDWARD BENSLY. [MR. JOHN B. WAINEWBIGHT thanked for reply.]
CHARTER OF HENRY II. (11 S. v. 150, 214) In an article in The English Historica Review for July, by Prof. C. H. Haskins, on 'Normandy under Geoffrey Plantagenet,' pp. 428-9, there is what appears to be a second instance of two Chancellors' signa- tures being appended to a charter : Thomas of Loches signed as Chancellor for the Duchy of Anjou, and Richard of Bohun in a like capacity for that of Normandy ; so that in the charter of Henry II. Becket may have
attested as Chancellor for England, and
Walter (or Warin) Fitzgerald for the Duchy
of Normandy.
Another explanation might be that the latter officiated merely as " notary," the term " chancellor " being used in its early European acceptation as indicating that subordinate office. See Stubbs, ' Const. Hist.,' i. 398-9, on the point.
N. W. HILL.
San Francisco.
ANTHONY WOOD'S ' ATHENE OXONIENSES (11 S. vi. 381, 404). Anthony Ettrick, who is mentioned on p. 382 as a close friend of John Aubrey's, and as named by Wood, would appear to be the magistrate for Dorset before whom the Duke of Monmouth was taken on his capture after Sedgemoor in July, 1685, and whose curious tomb, " neither in the church nor out of it," is a prominent feature in Wimborne Minster. Aubrey lived his life in the adjoining county of Wilts, and was contemporary with the Anthony Ettrick in question. W, B. H.
CHURCHYARD INSCRIPTIONS : LIST OF TRANSCRIPTIONS (US. vi. 206, 255, 278, 354, 418). MR. HOWARD PEARSON referred ante, p. 354, to the churchyard inscriptions which have been printed in the ' Notes and Queries ' column of The Evesham Journal, The following is a list of them :
Great Hampton (part only), 29 Sept., 1906.
Bengeworth Old Church, 9, 16 Jan., 1909.
Broadway Old Church (part only), 28 Aug., 1909.
Evesham Churchyard, 25 May, 1, 8, 15, 22, 29 June, 6 July, 1912.
E. A. B. BARNARD.
BURIAL AT MIDNIGHT (US. vi. 369, 414). As late as 1834 General Murray of Ardeley Bury was buried in Ardeley Churchyard by torchlight, the ceremony taking place about 10 o'clock in the evening of 10 December.
As to its origin, Adam in his ' Roman An- tiquities,' 1792, says :
" All funerals used anciently to be solemnized in the night-time with torches, that they might not fall in the way of Magistrates and Priests, who were supposed to be violated by seeing a corpse so that they could not perform sacred rites till they were purified by an expiatory sacrifice."
W. B. GERISH.
RED RIDING-HOOD (11 S. vi. 411). I am under the impression that the story, both in its English and German form, is derived from the French. Probably it occurs in Madame d'Aulnoy or Perrault's 'Contes.' M. P.
