ATTAINMENT OF MAJORITY.

(Vol. viii., pp. 198. 250.)

I greatly regret that there should be anything in the matter or manner of

my Query on this subject to induce MR. DE MORGAN to reply to it more as if

repelling an offence, than assisting in the investigation of an interesting

question on a subject with which he is supposed to be especially

conversant. I can assure him that I had no other object in writing _ninth_

numerically instead of literally, or in omitting the words he has restored

in brackets, or in italicising two words to which I wished my question more

particularly to refer, than that of economising space and avoiding needless

repetition; and in the use of the word "usage" rather than "law," of which

he also complains, I was perhaps unduly influenced by the title of his own

treatise, from which I was quoting. But however I may have erred from exact

quotation, it is manifest I did not misunderstand the sense of the passage,

since MR. DE MORGAN now repeats its substance in these words,--

"I cannot make out that the law ever recognised a day of twenty-four

hours, beginning at any hour except midnight."

This is clearly at direct issue with Ben Jonson, whose introduced phrases,

"pleaded nonage," "wardship," "pupillage," &c., seem to smack too much of

legal technology to countenance the supposition of poetic license.

But had I not accidentally met with an interesting confirmation of Ben

Jonson's law of usage, or usage of law, I should not have put forth my

Query at all, nor presumed to address it to PROFESSOR DE MORGAN; my

principal reason for so doing being that the interest attaching to

discovered evidence of a forgotten usage in legal reckoning, must of course

be increased tenfold if it should appear to have been unknown to a

gentleman of such deep and acknowledged research into that and kindred

subjects.

In a black-letter octavo entitled _A Concordancie of Yeares_, published in

and for the year 1615, and therefore about the very time when Ben Jonson

was writing, I find the following in chap. xiii.:

"The day is of two sorts, natural and artificiall: the natural day is

the space of 24 hours, in which time the sunne is carried by the first

Mover, from the east into the west, and so round about the world into

the east againe."

"The artificiall day continues from sunne-rising to sunne-setting: and

the artificiall night is from the sunne's setting to his rising. And

you must note that this natural day, according to divers, hath divers

beginnings: As the Romanes count it from mid-night to mid-night,

because at that time our Lorde was borne, being Sunday; and so do we

account it for fasting dayes. The Arabians begin their day at noone,

and end at noone the next day; for because they say the sunne was made

in the meridian; and so do all astronomers account the day, because it

alwayes falleth at one certaine time. The Umbrians, the Tuscans, the

Jewes, the Athenians, Italians, and Egyptians, do begin their day at

sunne-set, and so do we celebrate festivall dayes. The Babylonians,

Persians, and Bohemians begin their day at sunne-rising, holding till

sunne-setting; _and so do our lawyers count it in England_."

Here, at least, there can be no supposition of dramatic fiction; the book

from which I have made this extract was written by Arthur Hopton, a

distinguished mathematician, a scholar of Oxford, a student in the Temple;

and the volume itself is dedicated to "The Right Honourable Sir Edward

Coke, Knight, Lord Chiefe Justice of England," &c.

Notes and Queries, Number 204, September 24, 1853 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 69 / 168 题