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No. III. LONG's CASE. [Coke's Reports.]" The only other document that has hitherto been met with relating to this affair is Sir Edward Coke's Report of the Exceptions taken to the wording of the presentment under the Coroner's Inquisition. Being partly written in old French, and containing a number of obsolete legal phrases, it is not very easy to be understood in the old edition of Coke from which this is extracted. We therefore present only the substance of it.
The argument upon the Writ of Error was heard before Chief Justice Sir John Popham, and Justices Gaudy, Yelverton, and Williams. “ Michaelmas Term, 2 James (1604).
An Inquisition held at Cossam 5th Oct. 36 Eliz. Inditement.
(1594), before Wm. Snelling, Coroner of our Lady the Queen, within the liberty of her town of Cossam, on view of the body of Henry Long, Esq., there lying dead, on the oath of 12 men presented, that a certain H. D., late of C. [Henry Danvers, late of Cirencester], in co. E. [Quære, G? Gloucester], Kt., C. D. [Charles Danvers] late of C. in said county of E., Kt., G. L., late of Colkidge,” in co. W., yeoman, and R. P., late of L., in said co. W., yeoman, not having the fear of God before their eyes, did on 4th Oct., 36 Eliz., between the hours of eleven and twelve of the same day, at Cossam, with force and arms, viz., swords, &c. (“pugionibus armacudiis et tormentis"), assault the aforesaid H. Long; and the aforesaid H. D. voluntarily, feloniously, and of malice prepense, did discharge in and upon the said H. Longa certain engine calleda dagge3 worth 6s. 8d., charged with powder and bullet of lead, which H. D. had in his right hand ; and inflict a mortal wound upon the upper part of the body of H. L., “subter sinistram mamillam,” (under the
1 Sir Edw. Coke's Reports. Folio, 1671. Part V. p. 121.
2 We cannot identify G. L. and R. P. But “Colkidge, co. Wilts,” is without much doubt Cowage, alias Bremelham, near Malmsbury, then the property of the Danvers family.
A dagge was a kind of pistol. In 1579, a proclamation had been issued by Queen Elizabeth “ against carrying pocket pistols, called dags, handguns,” &c. (Strype, Mem. II. pt. 2, p. 295.)
left breast,) of which wound he instantly died. And that immediately after the felony they all fled.”
On which the said H. Danvers having been outlawed, he sued out a Writ of Error, assigning various exceptions, viz.
1. “That whereas the inquest was described as haviug been held within the Liberty of our Lady the Queen, of her town of Cossam, it had not been alleged how far the Liberty extends, or whether any and what part of the town was in the Liberty; so that it did not appear whether the Coroner had jurisdiction in the place where the murder was committed and the inquest holden. As, therefore, it was not stated whether the town of Cossam was in the Liberty of Cossam, the indictment was uncertain."
Sir John Popham, C.J., overruled this exception, on the ground of too great nicety.” It was to be understood, he said, that the Liberty of Cossam must include the town of Cossam. Perhaps the Liberty might contain more than the town; but that the town itself should be supposed to be out of the Liberty of the town, was a strained interpretation which the law does allow (“ que le ley ne allow.")
2. “That the Latin word for breast, spelled “ Mamilla,” was no Latin at all; for that the proper word for breast was Mammilla (with a double m]: and that bad Latin quashed indictments.” A case was cited where burglariter had been spelled burgalriter, and the exception had been admitted.
The Court: “Bad Latin is not to quash indictments” (“ Faux Latin ne quashera inditement”). “If by the mis-spelling a different meaning had been introduced, that was another case ; but where the sense remained the same, every body knew what was meant. And besides, mamilla with one m was as good Latin as mammilla with two."1
3. “That vulnus was a wrong word for a wound : that plaga was the word commonly used in indictments." The whole Court said that plaga and vulnus are synonymous.
4. “That the dimensions of the wound were not stated.” Also overruled. “Dimensions of a wound are only alleged in order to prove it to be mortal. Here it had gone through the whole body, and was sufficiently proved mortal.
5. “That it was not the wound which penetrated the body, as stated in the indictment, but the bullet.”! The Court thought the sense plain enough.
6. “The word “percussit” (he struck) was omitted." There were, says Coke, many precedents of cases where the wound had been inflicted by a bullet from a gun, in all of which, nevertheless, the word had been used.
After much splitting of hairs, the last exception was held to be fatal. The coroner's indictment was accordingly found bad; the outlawry was reversed ; and Sir Henry (then Lord) Danvers was discharged.
J. E. J.
1 Not only as good but better. So at least thought Juvenal.
The Ancient Styles and Designations of Persons.
These vary a good deal from such as are used at present. I shall therefore give a few examples, for the most part derived from Wiltshire, with an explanation where the ancient style or designation has so far passed into desuetude as to require it.
SIRE. This style was used to their late Majesties Kings George the 3rd, George the 4th, and William the 4th, when either of these sovereigns was addressed in writing; when addressed orally each was styled “Sir.” The style “Sire” was anciently not restricted to Kings; as in the Roll of Arms of the Knights Bannerets, temp. Edw. 2, edited by Sir Harris Nicolas, there are 33 Bannerets mentioned as of Wilts and Hants, every one of whom has “Sire” prefixed to his name; as “Sire Alesandre Cheveroyl,” “Sire Adam de la Forde,” &c. : whilst the King is designated “Le Roy de Engleterre," and each Earl has “ Le Counte” prefixed to his title,
“Le Count de Gloucestre," and the like. In this Roll one Bishop only occurs, “Le Evesque Antoyn de Dureem e Patark;" and no other title but those above-mentioned occurs.
PRINCE. A Latin letter addressed by the Vice-President and Fellows of Magdalene College, Oxford, to Cardinal Wolsey, on the subject of his digging stone from their quarries," is addressed :
• Magnificentissimo Principi Do Thomæ Dei Optimi Max: benignitate Archiepiscopo Eboracensi, Sacro-sanctæ Romanæ Ecclesiæ Presbytero, Cardinali Apostolicæ Sedis et a latere Legato, Angliæ Primato & Cancellario summo dentur hæ Literæ." Which
be thus translated :“To the Most Magnificent Prince, Thomas, by the mercy of God Best and Greatest, Lord Archbishop of York, Priest of the Holy Roman Church, Cardinal of the Apostolic See, Legate a latere, Primate of England, and most High Chancellor, these letters be given.”
1 Sir H. Ellis's Letters relating to English History, vol. v. p. 13.
In the Cathedral at Salisbury is a monumental inscription :
“M. S. Edwardo Hertfordiæ Comiti Baroni de Belcampo illustrissimi Principis Edwardi Ducis Somersetencis, &c.” (enumerating the titles of the Protector Somerset), “ Filio et Hæredi.”
This inscription is given at length in the History of Salisbury Cathedral, printed in 1723; and may be translated :
“Sacred to the Memory of Edward, Earl of Hertford, Baron Beauchamp, son and heir of the most illustrious Prince Edward, Duke of Somerset,” &c.
At this day at the funeral of a Duke, if it is attended by the Heralds, &c., Garter King of Arms, if present, pronounces over the vault the titles of the deceased, whom he designates as “The most high and puissant Prince, John, Duke of,” &c.
This style is now used in this country by the Sovereign only. It was used by Theobald, Archbishop of Canterbury, who died in the year 1160, and who was the immediate predecessor of Thomas á Becket in that See.
In Madox’s Formulare Anglicanum (at p. 40, title “ Confirmation”), is a deed of Archbishop Theobald, confirming a feoffment of a mill made by the Bishop of Coventry, which commences “T. Dei Gratia Cantuariensis Archiepiscopus,” &c.
It was frequently used by Bishops and Abbots. “Reginaldus Dei graciâ Episcopus Bathoniensis,” &c.; A.D. 1174. [Dugd : Mon: Glaston Charters No.xv.] “Robertus Dei gracia Bathon: et Wellens : Episcopus, &c;" A.D. 1283. [Do. No. civ.] “Adam Dei gracia Abbas Glaston : &c.” [Do. cv.] “Walterus Dei graciâ Abbas de Kingswood, &c. ;" A.D. 1402. [Aubrey's N. Wilts. “Aldrington.”]
The style Imp was applied in the reign of Queen Elizabeth to young noblemen as a term of respect. I have given two instances, one relating to the only son of the celebrated Earl of Leicester, whose monument is in the great church at Warwick ; the other being a dedication to the son of Lord Buckhurst, who was Lord Treasurer during the reign of Queen Elizabeth.
The inscription on the Earl of Leicester's son begins as follows :
“Heere resteth the bodie of the noble impe, Robert of Duddeley, Baron of Denbigh, sonne of Robert Earl of Leicester, nephew and heire vinto Ambrose Earle of Warwick,” &c.
The other instance is taken from a translation of “ The Thirteene Bookes of Aeneidos," the first to the tenth book by “Thomas Phaer, Esq.,” the residue finished by “Thomas Twyne, Doctor in Phisicke," printed in 1607, which has a dedication addressed :
“To the right worshipful Maister Robert Sackvill, Esquire, most worthy sonne and heire apparant to the Right Honourable Sir Thomas Sackvill, Knight, Lord Buckhurst."
After alluding to the house of Sackville, the writer then adds :
“So that in honouring them I must needs love you, and loving them so honour you as the rare hope and onely expected Imp of so noble a roote, and heire of so auncient a familie.”
This dedication is dated
THOMAS TWYNE." NOTE.-
This translation, with the Dedication, is in the Library of the British Museum.
Most NOBLE AND MOST HONORABLE. These styles are applied to Marquesses. In all my earlier time, as far as I know, Marquesses were addressed as “ The Most Noble;" and I do not recollect to have seen a Marquis addressed as “The Most Honourable” till within the last twenty or thirty years ; but I was lately informed by Mr. Courthope, Somerset Herald at the Herald's College, that Marquesses have been long since styled “The Most Honorable.” Two of the most recent instances of the style, “The Most Noble,” being applied to Marquesses are in the advertisements in the Salisbury Journal of June 24, 1854, where a list of subscribers is headed, “The Most Noble the Marquis of Lansdowne,” “ The Most Noble the Marquis of Bath ;" while the traveller by the Great Western Railway will frequently see hampers from Tottenham House, with printed directions on them, " The Most Honorable the Marquis of Ailesbury.” In the Magazine of our own