_ Burnell and Hopkins, _Ordinances
of Manu_, pp. xx, xxxi. It is worth while quoting here the following
interesting note from a letter from the Marquis di Spineto printed in
Clarke's _Travels_, viii. 417:--
"From the most remote antiquity men joined together, and wishing either
to amuse themselves or to celebrate the praises of their gods sang
short poems to a fixed tune. Indeed, generally speaking, _the laws by
which they were governed_, the events which had made the greatest
impression on their minds, the praises which they bestowed upon their
gods or on their heroes were all sung long before they were written,
and I need not mention that according to Aristotle this is the reason
why the Greeks gave the same appellation to laws and to songs."
[125] The references are all given in Smith's _Dict. of Greek and Roman
Antiquities_ sub [Greek: nomos]. Aristotle in the _Problems_, 19, 28,
definitely says, "Before the use of letters men sang their laws that
they might not forget them, as the custom continues yet among the
Agathyrsoi."
[126] Lib. xii. cap. ii. 9.
[127] _Hist. English Commonwealth_, 43.
[128] _Anc. Laws of Ireland_, iv. pp. viii, x.
[129] Hampson's _Origines Patriciae_, 106-107; Kemble, line 5763 _et
seq._
[130] Proctor's _History of the Book of Common Prayer_, p. 410.
[131] _Hist. Eng. Commonwealth_, ii. p. cxxxvi. Littleton points out
the legal antiquity and importance of these words: "no conveyance can
be made without them." See Wheatley's _Book of Common Prayer_ (quoting
Littleton), p. 406.
[132] The York manual had the additional clause, "for fairer for
fouler." See Wheatley, _loc. cit._, p. 406.
[133] Palgrave, _loc. cit._
[134] _Ibid._
[135] _Manuale et processionale ad usum insiquis ecclesiae Evoracensis_,
Surtees Society, 1875. See also _Gentleman's Magazine_, 1752, p. 171;
Proctor's _History of the Book of Common Prayer_, p. 409, for other
examples.
[136] Palgrave, _English Commonwealth_, i. 43.
[137] Chambers, _Popular Rhymes of Scotland_, 115.
[138] Sinclair's _Stat. Acc. of Scotland_, x. 534.
[139] Chambers, _Book of Days_, January 19; Nichols, _Fuller's
Worthies_, 494.
[140] _Diary of De la Pryme_ (Surtees Society), 126. It may be noted
here that Kelly, _Curiosities of Indo-European Traditions_, 179, notes
the preservation of an ancient law for the preservation of the oak and
the hazel in a traditional proverbial rhyme.
[141] Hazlitt, _Tenures of Land_, 8
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