Item a bow & a sheffe of arrowes1 precii..... Item a ffether bed ii bolsters a payre of sheets & one rugge a joyned tabell and a foldyng chayre precii Item a bason and a stone pot precii... Item in the inner chamber for servaunts on ffether bed on bolster a mattres an old quilt & a pillowe bere & pillow precii Item in the Starr Chamber three certeyne hangings of paynted Clothes with a paper mappe of Parryse precii .... Item in the great chamber hangings of yallow and org grene precii.... Item one courten of greene say before the streat wyn dow precii Item one foldynge chayre of grene precii.... Item a littell square table with a grene cloth uppon Item a ffrench Mappe & a Italian Mapp in paper and a universall Mapp precii Item one side forme precii... Item in the Studdy there a Casket bound with Iron conteynyng the Notes of fines in the Circuit and Item an old chayre precii Item an old Standishe precii ... Item a great old chest with Ierond bands precii Item a pole axe Item a stone wrapt in a canvas vid. id. f Among the Harleian MSS. (No. 5353), is one of considerable interest called a "diary," and which appears to have been but little known or consulted until of late years. Probably the first person who called attention to its value and curiosity was the Rev. Joseph Hunter. This MS., though called a diary, is not strictly so, but rather à series of very Though as a justice, Rastall would be exempted from the practice of archery, yet he would be likely enough to retain the bow, which he must have been trained to use in the course of his education n as an "apprentice at the law." Not only was the practice of archery specifically encouraged by the law, but statutes imposed, under a penalty, the practice of it on all classes with a few exceptions, among which the justices of either Bench. Sec "An Act concerning Shooting in Long Bowes," 3 Hen. VIII. c. 3. ↑ miscellaneous memoranda and notes entered in chronological order from 1601 to 1603, and made by one John Manningham, a student of one of the Temples, of the Middle Temple it is said. The discovery of the author's name, for it is not obvious from the MS. itself, belongs to Mr. Hunter, who, in a forthcoming essay on the play of "Twelfth Night," purposes to consider the evidence which enabled him to fix the authorship. Perhaps the principal value of this MS. consists in its proving the existence and performance of Shakspeare's play of "Twelfth Night" some years before the earliest known printed copy. But it has other points of value and curiosity besides these, and those portions which appear to us suitable for extract, we purpose to print; giving on the present occasion however but a small sample. It is a small octavo sized volume, written in a hand oftentimes difficult to decipher. "22 Jan. 1601.-Certaine in the countrey this last Christmas chose a jury to finde the churle of their parishe, and when they came to give their verdict, they named one, whose frende being present, began to be very collerick with the boys for abusing him. 'Hold you content, gaffer,' said one of them, 'yf your boy had not bin one of the jury you had bin found to have bin the churle. The gaine of untimely reprehension and the very course of common inquests all led by some frend.” "26 Jan. 1601.-It was ordered by our benchers that wee should eate noe breade but of 2 dayes old, Mr. Curle said it was a binding lawe, for stale bread is a great binder, but the order held not three dayes, and soe it bound not." "Tarlton called Burley House gate in the Strand towards the Savoy, the Lord Treasurer's Almes gate, because it was seldome or never opened." "The last Christmas the conny catchers would call themselves countrey gentlemen at dyce." "2 Feb. 1601.-At our feast wee had a play called Twelve Night or what you will, much like the Comedy of errors or Menechmi in Plautus, but most like and neere to that in Italian called Inganni-a good practise in it to make the steward beleeve his lady widdowe was in love with him by counterfaiting a letter, as from his lady, in generall termes telling him what shee liked best in him and prescribing his gestures, in suiting1 his apparaile &c. And then when he came to practise making him beleeve they tooke him to be mad." "14 Feb. 1601.-My cosin Garnons told me that the Court of Wardes will send a prohibicion to anie other Court to cease from proceeding in anie suite, whereof themselves may have colour to hold plea in that Court, so predominant a Court is that nowe become." The following are some of the author's notes of the Assizes held at Rochester. It is stated that the archbishop was the licenser of surgeons : "24 Feb. 1601.-At Rochester at the assises Mr. Thomas Scott of Scotts Hall in Kent is Sheriff of Kent. "One Tristam Lyde a surgeon, admitted to practise by the Archbishops letters, was arrayned for killing divers women by annoynting them with quicksylver, &c.: evidence given that he would have caused the women to have stript themselves naked in his presence and himselfe would have anoynted them; that he tooke upon him the cure, and departed because they would not give him more then their first agreement. He pleaded theire diseases were such as required that kinde of medicine, that it was theire owne negligence, by takinge cold in going abroade sooner then he prescribed, soe he was acquitted. "Sergeant Daniel, sittinge there as Judge, sayd he knewe that there might be a purgación by a fume. And that to cure by cutting a gutt was a dangerous venture and a rare skill, for he could never heare of anie had that cunning but onely one man and that was learned in Turkie. "If a man kill another (as they say) in hott bloud, except there 1 Mr. Collier and Mr. Knight both read these two words as " inscribing." They are evidently two words and not "inscribing; the word after "in" is not very legible, and has been blurred. 2 In the 3 Hen. VIII. was passed" An Act concerning Phesicions and Surgeons," which set forth that "the science and cunning of Phisick was exercised by ignorant persons, by Artificers, Smiths, Weavers and Women, who partly use Sorcery, to the grievous hurt of the liege people who cannot discerne the uncunning from the cunning," and enacted that no person was to act as Physician or Surgeon in London or the suburbs until he was licensed by the Bishop of London or the Dean of St. Paul's. By the 14 & 15 Hen. VIII. "no person was to be suffered to exercise or practyse in Phisick throughout England until he was examined by the Physicians College in London, except graduates of Oxford and Cambridge." appeare some cause to heate his bloud, the jury must find it murder. (Serg. Danyell.) "There was one gave another rude words, whereupon a third standing by said to him to whome they were spoken: Will you endure such an injury, fayth putt up thene, and put up any thinge. Hereupon the party present fetcht his weapon, mett with the other that gave him those wordes and [in] the presence of the setter on, fought with him and sleue him, the other standing by and doinge noe more, yet they were both condemned at this assises and after executed. "There was one had his booke given him at the prisoners barr, where the ordinary useth to heare and certifie there readinge, and one Mr. Gylburne start up saying, he will reade as well as my horse, wch wordes Sergeant Daniell, having before allowed the cleargy, tooke very ill, telling him playnely that he was too hasty, and yet caused the prisoner to be brought nearer that Gyburne might heare him reade and he reade perfectly." "May 9, 1602.-At the Temple Churche Dr. Montague his text Joh. 3. 14." (Long notes of the Sermon.) 66 May 13. At the Temple Churche one Moore of Baliol Colledge in Oxford his text Amos 3. 6." "7 June 1602.-A lewd fellowe coming before Sir W. Rowley to be examined concerning some wrecke, wch he had gotten into his hands, and being demaunded whether, he would sweare to such articles as they would propound, answered that he would sweare to anie thinge they would aske him, and then being admonished he should not be soe rashe in soe serious a matter as concerned his soule soe nearely, sayth he had rather trust God with my soule than with my goodes." you "15 June 1602.-Upon a tyme when the late Lord Treasurer Sir William Cecile came before Justice Dyer in the Common Place with his rapier by his syde, the Justice told him that he must lay aside his long penknife, yf he would come into that Court: this speache was free and the sharper because Sir William was then Secretary." "There is nowe a table placed for the barresters crosse over the Hall by the cuppord, which one called St. Albones, because, he said, it was in the waye to Duns table." "Lætus doth keepe his sister and his whore, Lætus doth keepe his sister and noe more." Most of our readers will remember a joke of the late Rev. Rowland Hill, which he passed upon his wife when she entered his chapel in a fine bonnet in the midst of the service. Indeed we have heard it from those who averred to have been present at the scene. Rowland Hill exclaimed "Look! here comes my wife with a chest of drawers on her head." We find a similar joke recorded in John Manningham's note book, with which we end our extracts for the present: "June 16, 1602.-Roome, roome, said one, here comes a woman with a cupbord on her head (of one that had sold hir cupbord to buy a taffaty hatt.)" ART. IV.--THE LAW RELATING TO RACING. GAMING, it would seem, was not an offence at common law when practised in moderation and fairly; but there are various cases where the courts refused to lend their sanction to it.1 In the instances in which they were compelled to give judgment for a plaintiff who sought to recover money won at play, they evidently endeavoured to discountenance altogether actions of this nature. Excessive and unfair gaming was always considered illegal, and an indictment would lie; but this, it appears, solely on the ground of the fraud either actually existing and proved, or presumed from the largeness of the sum lost. The judges, however, appear to have extended the principles, and discouraged gambling by all possible means,3 although they could not hold it directly illegal. The earlier statutes on the subject, which cannot be regarded as more than declarations of the common law, are directed against cheating and excessive gaming, which, it was thought, tended to withdraw men from more salutary pursuits, more especially from the practice of archery, which, Bac. Ab. Gaming (A.) 2 2 Rol. Abr. 78. 3. In 1 Vern. 489, the Lord Chancellor mentioned a case before Hale, C. J., in which that learned judge expressed himself strongly on the subject with reference to a wager on a horse race. |