these foresaid words, he is to be confirmed. The same may be saide where the testator dooth commit his childe to the custodie of another. For, albeit it be a greater thinge to have the tuition of a childe, then to have the bare custodie of a child committed unto him: yet, in all thinges, the will and meaninge of the testator is to be observed and preferred before the propertie of the wordes, whereof perhaps he is ignorant, which meaning is to be collected by that which went before or followeth after in the will, and by other circumstances which the discreete judge ought to enquire. Finallie, it skilleth not in what language the tutor be assigned, whether in English, Latine, Greeke, or anie other tongue. -Swinburn, 101.

York. It skills not greatly who impugns our doom. 2 Henry VI., Act iii. Sc. 2.

Tra. But to her love concerneth us to add

Her father's liking: which to bring to pass,
As I before imparted to your worship,
I am to get a man, whate'er he be,

It skills not much, we'll fit him to our turn, —
And he shall be Vincentio of Pisa.

Taming the Shrew, Act iii. Sc. 2.

Clo. Truly, madam, he holds Belzebub at the stave's end as well as a man in his case may do: has here writ a letter to you; I should have given 't you to-day morning, but as a madman's epistles are no gospels, so it skills not much when they are delivered.

Twelfth Night, Act v. Sc. 1.

'Skills not,' matters not.
Swinburn's treatise contains many uncom-

mon words, or common words having an uncommon sense, which are used by Shake

speare.

Chor. Now old desire doth in his death-bed lie,
And young affection gapes to be his heir;
That fair for which love groan'd for and would die,
With tender Juliet match'd, is now not fair.

Romeo and Juliet, Act ii.

In a written testament the testator hath this benefit: he maie conceale and keepe secreete the tenor or contentes of his will, from the witnesses. Which he cannot doe when he maketh a nuncupative testament. And therefore if the testator be loath to have his will knowne, which thing happeneth very often, either because the testator is afraid to offende such persones as doo gape for greater bequestes then either they have deserved, or the testator is willing to bestowe upon them: (least they peradventure understanding thereof, would not suffer him to live in quiet), or else because hee should over much encourage others, to whom he meante to bee more beneficiall then they expected (and so give them occasion to be more negligent husbandes, or stewards, about their owne affairs, then otherwise they would have beene, if they had not expected such a benefit at the testator's hands) or for some other considerations. In these and like cases, after the testator hath written his will with his owne hand, or procured some other to write the same, he may close up the writing without making the witnesses privie to the contents thereof, and shewing the same to the witnesses, he may say unto them: This is my last will and testament, or herein is contained my wil: and this is sufficient. -Swinburn, 23.

Swinburn, speaking afterwards of testaments made by flatterie, says:

The fifth case is, when the perswader is verie importunate: for an importunate begger is compared to an extortor, and it is an impudent part still to gape and crie upon the testator, and not to bee content with the first or second deniall. -243.

Leonato. Nc, no; 'tis all men's office to speak patience To those that wring under the load of sorrow,

But no man's virtue nor sufficiency
To be so moral when he shall endure

The like himself. Therefore give me no counsel :
My griefs cry louder than advertisement.

Much Ado About Nothing, Act v. Sc. 1.

The word advertisement here signifies admonition, advice, exhortation, and in this sense it is often used by Swinburn.

Here followeth the fourthe principall part of this testamentary treatise: wherein I undertook to shew how or in what manner testaments or laste willes maie or ought to be made. For performance whereof I thought it convenient, first to deliver certaine advertisements, and then to proceede. The first advertisement is this, that as there be divers kindes of testaments or laste willes (whereof heretofore) so there be divers formes of testaments or laste willes: for everie kinde hath his severall forme, and everie kinde differeth from another by his forme. The next advertisement is this, that albeit everie particular kinde of testament have his proper forme peculier to it selfe; neverthelesse they have also generall formes common to them all. -Swinburn, 111.

Verg. Yes, I thank God I am as honest as any man living that is an old man and no honester than I.

Dog. Comparisons are odorous: palabras, neighbour Verges.

Much Ado About Nothing, Act iii. Sc. 5.

Comparisons be odious. For mine own part, if you will give me leave, I will tell you a tale out of Zasius, writing upon this Q., which shall be as true as any is in Æsop's fables. A certaine painter (saith hee) meaning by his arte to describe the strength of man, did paint a little man riding upon a huge lion, as if a man were stronger than a lion. A lion passing by demanded of the painter, whereof he made such picture. Because (quoth the painter) my man is able to tame any lion, as easily as a horse or an asse. Well, sir, said the lion, if we could painte thou shouldst see a lion devouring a painter. Eloquent men are as painters, valiant souldiers as lions. Swinburn, 28.

Clo. Misprision in the highest degree! Lady, cucullus non facit monachum; that's as much to say as I wear not motley in my brain. Good madonna, give me leave to prove you a fool.

Twelfth Night, Act i. Sc. 5.

Escalus. Signior Lucio, did not you say you knew that Friar Lodowick to be a dishonest person?

Lucio. 'Cucullus non facit monachum:' honest in nothing but in his clothes; and one that hath spoke most villanous speeches of the duke.

Measure for Measure, Act v. Sc. 1.

Hitherto in jest: But nowe in earnest, yet without offence. It is not the golden chaine, nor the plume of feathers, nor the bigge lookes, nor the proud bragges, which make a right souldier. Neither is it the long gown nor the grave beard, nor the stately gesture which make a good lawyer. The counterfeit of either deserveth no honour: be hee never so brave, never so grave. If both be as they should, the praeminence in matters of warre is the souldier's; in matters of peace it is the lawyer's. In other matters, he is the more honourable, which doeth more honour the other. - Swinburn, page 29.

After the word lawyer in this passage, there is a reference to a marginal note giving the Latin words, twice used by Shakespeare, 'Cucullus non facit monachum.'

burn, 28.)

(Swin

Macb. If you shall cleave to my consent, when 'tis, It shall make honour for you.

Macbeth, Act ii. Sc. 1.

Pros. Come with a thought. I thank thee, Ariel:

come.

Enter ARIEL.

Ari. Thy thoughts I cleave to. What's thy pleasure? Tempest, Act iv. Sc. i.

Aum. For ever may my knees grow to the earth,

My tongue cleave to my roof within my mouth,

Unless a pardon ere I rise or speak.

Ban.

Richard II., Act v. Sc. 3.

New honours come upon him,

Like our strange garments, cleave not to their mould
But with the aid of use.

Macbeth, Act i. Sc. 3.