Notes and Queries, Number 40, August 3, 1850 | Page 4

from the _Speeches of Hon. Thomas Erskine_) is as
follows:--
"It appears by a pamphlet printed in 1754, that Lord Mansfield is
mistaken. The verse runs thus:--
"'Sir Philip well knows, That his innuendos Will serve him no longer in
verse or in prose: For twelve honest men have determined the cause,
_Who are judges alike of the facts and the laws._'"{148}
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
Chancellor 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 to _State Trials_, xxi.) says that Lord
Mansfield, in the Dean of St. Asaph's Case, misquoted the lines "to suit
his purpose, 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
substantially 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 safely may
write, You may say black is _black_, and prove white is _white_; Let
no pamphleteers Be concerned for their ears; For every man now shall
be tried by his peers. Twelve good honest men shall decide in 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 _innuen-does_ Will serve him no
longer in verse or in prose; Since twelve honest men 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 unsuccessful prosecution of the
Craftsman by Sir Philip Yorke, and that this unsuccessful prosecution
was subsequent to the successful prosecution of that paper on
December 3rd, 1731. This was not so: Sir Philip Yorke'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 the song indicates, acquitted.
C.H. COOPER.
Cambridge, July 29. 1850.
* * * * *
NOTES ON MILTON. (Continued from Vol. ii., p. 115)
_Comus._
On l. 8. (G.):--
"After life's fitful fever he sleeps well."
_Macbeth_, iii. 2.
On l. 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 l. 102. (M.):--
"And welcome him and his with joy and feast." Fairfax's _Tasso_, B. i.
St. 77.
On l. 155. (D.):--
"For if the sun's bright beams do blear the sight Of such as fix'dly gaze
against his light."
Sylvester's Du Bartas. Week i. Day 1.
On l. 162. (G.):--
"Such reasons seeming plausible."
Warners _Albion's England_, p. 155. ed. 1612.
On l. 166. (G.):--
"We are a few of those collected here That ruder tongues distinguish

villager."
Beaumont and Fletcher's _Two Noble Kinsmen_, iii. 5.
On l. 215. (G.) "Unblemished" was originally (_Trin. Coll. Cam.
MSS._) written "unspotted," perhaps from Drayton:--
"Whose form unspotted chastity may take,"
On l. 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.
On l. 290. (G.):--
"My wrinckl'd face, Grown _smooth as Hebe's_."
Randolph's _Aristippus_, p. 18. 4to. ed. 1630.
On l. 297. (G.):--
"Of frame more than celestial."
Fletcher's _Purple Island_, C. 6. S. 28. p. 71. ed. 1633.
On l. 331. (G.):--
"Night begins to muffle up the day."
Wither's Mistresse of Philarete.
On l. 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 l. 345. (G.):--
"Singing to the sounds of oaten reed."
_Drummond_, p. 128.
On l. 373. (G.):--
"Virtue gives herself light thro' darkness for to wade."
Spenser's _F.