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قراءة كتاب Notes and Queries, Number 23, April 6, 1850

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Notes and Queries, Number 23, April 6, 1850

Notes and Queries, Number 23, April 6, 1850

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never turnes.

C. Not so, he may breake his necke in a short course.

P. No man can call againe yesterday.

C. Yes, hee may call till his heart ake, though it never come.

P. Had I wist was a foole.

C. No, he was a foole that said so."

And so it proceeds, not without humour and point, here and there borrowing from known sources, as in the following:—

"Proverb. The world is a long journey.

Cros. Not so, the sunne goes it every day.

P. It is a great way to the bottom of the sea.

C. Not so, it is but a stone's cast."

However, my object is not to give specimens of the production further than are necessary for its identification. My queries are, 1st, Who bought Mr. Heber's fragment, and where is it now to be found? 2nd, Are any of your correspondents aware of the existence of a perfect copy of the work?

I naturally take a peculiar interest about Nicholas Breton, because I have in my possession an unknown collection of amatory and pastoral poems by him, printed in quarto in 1604, in matter and measure obvious imitations of productions in "The Passionate Pilgrim," 1599, imputed to Shakespeare, and some of which are unquestionably by Richard Barnfield.

Any new information regarding Breton and his works will be most acceptable to me. I am already in possession of undoubted proof that he was the Nicholas Breton whose epitaph is on the chancel-wall of the church of Norton, in Northamptonshire, a point Ritson seems to have questioned.

J. Payne Collier.

March 30. 1850.


THE SWORD CALLED CURTANA.

In the wardrobe account for the year 1483, are "iij swerdes, whereof oon with a flat poynte, called curtana, and ij other swords, all iij swords covered in a yerde di of crymysym tisshue cloth of gold."

The name of curtana for many ages continued to be given to the first royal sword in England. It existed as long ago as the reign of Henry III., at whose coronation (A.D. 1236) it was carried by the Earl of Chester. We find it at the coronations of Edward II. and Richard II.; also in the time of Henry IV., Richard III., and Henry VII.; and among the royal arms of Edward VI. we read of "a swerde called curtana."

Can any of your readers explain the origin of the name curtana, a sword so famous that it carries us back to the days of ancient chivalry, when it was wielded by the Dane Uggiero, or by the still more famed Orlando.

Edward F. Rimbault.


IS THE DOMBEC THE DOMESDAY OF ALFRED?

I beg to propose the following "Query":—Is the Dombec, a work referred to in the Laws of Edward the Elder, the same as what has been called the Domesday or Winchester Book of Alfred the Great? I incline to think that it is not, and shall be much obliged to any of your correspondents, learned in the Anglo-Saxon period of our history, who will give himself the trouble of resolving my doubts.

Sir Henry Spelman, in his Glossary voce Dombec, calls it the Liber Judicialis of the Anglo-Saxons; and says it is mentioned in the first chapter of the laws of Edward the Elder, where the king directs his judges to conduct themselves in their judicial proceedings as on [Old English: thaere dom bec stand], that is, as is enjoined in their Dome Book.—"Quod," he continues, "an de præcedentium Regum legibus quæ hodie extant, intelligendum sit: an de alio quopiam libro hactenus non prodeunte, incertum est."

But this uncertainty does not seem to have attached itself to the mind of Sir William Blackstone; for in the third section of the Introduction prefixed to his Commentaries on the Laws of England, he informs us that our antiquaries "tell us that in the time of Alfred, the local customs of the several provinces of the kingdom were grown so various, that he found it expedient to compile his Dome Book, or Liber Judicialis, for the general use of the whole kingdom." This book is said to have been extant so late as the reign of King Edward IV., but is now unfortunately lost. It contained, we may probably suppose, the principal maxims of the common law, the penalties for misdemeanors, and the forms of judicial proceedings. Thus much may be at least collected from that injunction to observe it, which we find in the Laws of King Edward the Elder, the son of Alfred.—"Omnibus qui reipublicæ præsunt etiam atque etiam mando, ut omnibus æquos se præbeant judices, perinde ac in judiciali libro (Saxonice, [Old English: dom bec]) scriptum habetur: nec quidquid formident quin jus commune (Saxonice, [Old English: folcrihte]) audactes libereque dicant."

But notwithstanding this, it appears to me by no means conclusive, that the Dombec referred to in the Laws of Edward the Elder and the Liber Judicialis of Alfred are the same; on the contrary, Alfred's Liber Judicialis seems to have been known not under the name of Dombec, but under that of the Winchester Roll, from the circumstance of its having been principally kept at Winchester: and Sir Henry Spelman says, the Domesday Book of William the Conqueror was sometimes called Rotulus Wintoniæ, a similitudine antiquoris, from its resemblance to an older document preserved at Winchester. And he quotes Ingulphus Abbot of Croyland, who says, "Iste rotulus (i.e. the Domesday Book of William) vocatus est Rotulus Wintoniæ, et ab Anglicis pro sua generalitate, omnia tenementa totius terræ integre continente Domesday cognominatur." And the he proceeds, "Talem rotulum et multum similem; ediderat quondam Rex Alfredus, in quo totam terram Angliæ per comitatus, centurias, et decurias descripserat, sicut prænotatur. Qui quidem Rotulus Wintoniæ vocatus est, quia deponebatur apud Wintoniam conservandus," &c.

Here is nothing said of this work being called [Old English: dom bec]: neither does Spelman, in his enumeration of the works of Alfred, give the least intimation that any one of his collections of laws was called [Old English: dom bec].

We know, indeed, that Alfred compiled a code of laws for his subjects; but whether any part of them has been preserved, or how much of them is embodied in subsequent codes, cannot now be determined. Asser mentions that he frequently reprimanded the judges for wrong judgments; and Spelman, that he wrote "a book against unjust magistrates," but any complete body of laws, if such was ever framed by Alfred, is now lost; and that attributed to him in Wilkin's Leges Anglo-Saxon, is held in suspicion by most writers.

For these reasons, and considering that Sir William Blackstone's knowledge of English history was rather superficial, I incline to the belief, that the [Old English: dom bec] referred to in the laws of Edward the Elder, was some collection of laws made prior to the time of Alfred: this might clearly be the case, as Sharon Turner informs us that the Saxon laws were committed to writing as early as the commencement of the 7th century.

The opinions of your learned correspondents on this disputed point may be of much interest to many of your readers, and to none more than to

George Munford.

East Winch.


MINOR QUERIES.

MSS. of the Wycliffite Translations of the Scriptures.—The Add. MS. 15,521., in the British Museum, contains a copy of Lewis's edition of the Wycliffite New Testament, printed in 1731, with manuscript notes by Ames and Lewis, and the former has transcribed into it some additional prologues, prefixed to each book of the New Testament, which had not been printed by Lewis, and were taken by Ames from a MS. of the New

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