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of Sir Walter's elder daughter Sophia, Mrs. J. G. tingent remainder” to the unborn sons of a Papist, Lockhart, with a very large dog standing beside the Protestant next in remainder after them must her, but which dog this is I do not precisely know. be kept out of the estate till the Papist died
Lockhart says ("Life of Scott,' same edition as without Protestant issue, and in the mean time the above, vol. v. p. 349) of Scott's friend John Bal- Protestant heirs-at-law, of the person creating the lantyne—“Rigdum Funnidos," as Scott used to settlement were entitled to the rents.* According call him, after a character in Henry Carey's bur- to this doctrine the real person entitled would be lesque play—that “his horses were all called after not Edward Beresford, but the nearest Protestant heroes in Scott's poems or dovels; and at this time heir of Mrs. Ayscough. At this point the shadow he usually rode up to his auction on a tall, milk- of one Mr. Fuller Skipwith, mentioned once in the white hunter, yclept Old Mortality, attended by a correspondence, looms vaguely in the background. leash or two of greyhounds—Die Vernon, Jenny To judge by his name, he would evidently be enDennison, and so forth, by name."
titled as heir in priority to Beresford ; and as it apJONATHAN BOUCHIER. pears he was not in correspondence with his relations Ropley, Alresford.
at Namur, it may be supposed he would not be disqualified as a Papist. At all events, we may
imagine it would have been uphill work to prove PROTESTANT AND PAPIST, 1716-1731.
he was such if he chose to deny it. (Concluded from p. 423.)
On the whole, the prospect of litigation could One of the most notable points in favour of the not have been inviting, and Beresford must have Catholics, in interpreting the disinheriting statuto comforted himself mightily with the idea of quietly of 1700, was the doctrine that the burden of buying up for a tenth of its value the interest of showing that the declaration required by the Act the only persons who were likely to come forward had not been made rested with the Protestant against him. Alas ! as his legal friend no doubt plaintiff. A Bill to remedy this was rejected in was not slow to point out, here another difficulty 1706. It was even held* that, as this was a
arose. According to the Act, the Papists could take penal statute, and the law would never compel a nothing; and it must, therefore, naturally follow party to incriminate himself, the defendant could that they had nothing they could convey to any one not be asked to discover to the plaintiff whether else. A plaintiff in ejectment was actually successhe, or even the testator under whom he claimed, ful in ousting an unfortunate Protestant who had was a Papist or not. In carefully numbering and laid out his money on the security of a Papist's preserving all his cousins' letters Mr. Beresford mortgage.t Here, if the dénodment was to be a seems to have had a wary eye on such a plea as this, bappy one, and our Protestant was to be “made and to meet it he would no doubt have brought secure,” some legal miracle was urgently needed. out with a flourish that confiding postscript in Was there no deus ex machinâ capable of performwhich Malle. Chaumont exhorted her aunt to ing it? Beresford hints in his letter to his adviser reflect on the advantage of dying a member of the that his cousins might " sue out a fine and reCatholic Churcb.
covery”-alluding, with some confusion, pardonBut assuming the law was strong enough to oust able in one not professionally versed in such Mrs. Skipwith and the Chaumonts, it seems far matters, to those two time-honoured legal conjurfrom certain that it would have given its decree in ing tricks, which, after being performed for some favour of the usurping Beresford. The willt seems four or five centuries with undiminished applause, to have given the property to Mrs. Skipwith for only received their quietus from the legislature in life, then to the three Chaumonts, with a gift over 1834.I By means of a "fine," a farce in one act, of their shares (only in the event of their dying so to speak, a feat most marvellous in legal eyes without issue) in favour of Beresford. No doubt was accomplished ; man and wife was (or were ?) Mrs. Skipwith was disabled, and the Chaumonts constituted for the nonce two separate persons, and were disabled, for they were all Papists ; but, as a married woman was thus privileged to consent to the Chaumonts’ issue, in whose favour a gift was to the sale of her lands by her husband, he being here implied by law, they were unborn. Who, then, thus enabled to pocket the proceeds without accould say they were Papists, or would be Papists ? counting to her heirs. A “recovery” was a more This was just the kind of difficulty the judges mysterious proceeding, and required the complicity loved to get hold of and fling in the face of the of at least a third party, who as a man of straw" enterprising litigant. Indeed, it was in one case could be safely called upon to take the risk of an actually held that in order “to preserve the con- action at the hands of indefinite generations of
* Smith v. Read (12 Geo. II.), 1 Atk., 526.
* Carrick v. Errington (1726), 2 P. Williams, 361. † I judge of the contents only from the correspondence. † Pelham v. Fletcher, Bacon's • Abridg.,'s.0.“ Papist," I cannot find the original at Somerset House. Perhaps I 3 & 4 Wm. IV., c. 74, an Act regarded as a some East Anglian reader may have the curiosity to search masterpiece of legislative machinery both in design and for it at Lincoln.
unborn heirs and disappointed remainder-men. You threaten me with a Bill [in] Chancery-I am This furnished a means by which a tenant in tail ready to carry it before ye Lds-I've toe sonns booth of could with impunity defeat the claims both of his yo Law wch will [defend] 'my Right. own posterity and of all the remainder-men and
Here the curtain falls upon the little drama, and reversioners entitled in their default, practically the final development of the plot must be left to dealing with his estate as an absolute owner.*
the imagination of the sympathetic reader. Indeed, Yet it is to be feared that he who entered the I cannot help thinking the whole story would do
As I have temple of Themis, blind—or at least given to very well as the basis of a romance. winking—as the goddess certainly was, would be already hinted, the circumstances lead me rather unfavourably received if he attempted the pro- to the conclusion that the Chaumonts never profanation of her rites by impudently applying them ceeded with, or, at least, never succeeded in their to purposes not sanctioned by her wisdom at their claim. I find in 1773 and 1774 a certain estate, institution. The court, whose formal sanction was
Hardwick, in Lincolnshire (no doubt identical necessary to the validity of a fine or a recovery, Chaumont), disposed of by the will and codicil of
with the “Hardwick lands” mentioned by Mary would be rigidly jealous of any abuse of its procedure.
one Isabella Beresford, spinster, of the close of Like many others, no doubt, Edward Beresford Lincoln, who seems to have been one of Edward thought a purchase from a Papist too risky to be
Beresford's daughters. Perhaps the matter may ventured on even at a heavy discount. He was prove so far interesting to some Lincolnshire correwise enough to hold on quietly, and a year or so
spondent as to elicit an authoritative solution of the
of later Parliament came to his assistance. An Act doubt. Should these lines meet the eye of any was passed by which legal sanction was given to Mr. Beresford's descendants, who are possibly the purchases by Protestants from Papists, in the present possessors of “ Hardwick lands” or “Dag. absence of due notice at the time of sale of any lands," I trust their respect for their ancestor may claim by the person entitled in the Papists' default.t not be thereby abated. The romantic sense of
Yet it appears he had no occasion at present to sympathy which the earlier letters awaken naturally avail himself of the Act, for nearly fourteen years Catholics; but except that Mr. Beresford seems
inclines one to take the side of the persecuted later we find the status quo still maintained, except that we may fairly assume Mrs. Skipwith to have from his letters to change his ground in a rather unat length ended her misfortunes.
certain manner, there appears no real reason to Mary Chaumont writes thus :
doubt bis statement that he was entitled as a to Edward Berrisford Esq'. at bis house in Lincoln.
creditor to best part of the estate. He may, after London gber ye......1731.
all, have returned to his former proposal and paid Sir,--bauing laid my aunt Ascoughs will before my his cousins the fair value of all they would have counsel, mpigot, of the Temple, he has giuen me bis been entitled to if the persecuting statutes bad opinion that I have wright to my aunt's Estate. You ware formerly pleas'd to offer a composition, and I being
never been passed. now upon yo spot am ready to receaue your preposals ;
In conclusion, I may add that though that disotherways I shall proceed in chancery as my Counseler graceful Act of King William was not absolutely advises, so expect to hear from you, and am, Sir, repealed till 1846 (9 & 10 Vict., c. 59), the dis
Your most humbele seruant abilities created by it were avoided in the case of
MARY CHAUMONT, my direction is at number 15 in glocester street nere oath provided for them by Savile's Act of 1778
all Roman Catholics who duly took the well-known red lion square, but if you please you may deliuer y' (18 Geo. III., c. 60), for securing their full political answer to ye person shall giue you y* from me.
On the back is a draft of Beresford's reply, as allegiance to the reigning house. follows:
CAAS. FREDC. HARDY. Mad :-I recēd yors Nov, 5o wherein you say M'. Pigot
Gray's Inn. tells you by Mrs. Ayscoghes will you have a Right to her Estate, wen I beleive must be a mistake for yor Bro: & passed 1728" as being 13 Geo. I., c. 28. As
MR. Hardy refers (ante, p. 422) to "an Ads sister terretia [Theresa] has an equal right wth they are liveing; if dead, then it devolves upon you—in George I. died in 1727, and 1728 would have been yo next place you put me in minde y' I offer'd a Com the fourteenth year of his reign, I shall be glad if position, woh I did not, but I did more Honorable, fore I Mr. Hardy will explain what seems to me a disproduced an acc! under yor aunts own hand where it crepancy in his statement. JOHN RANDALL appear shee dyed indebted to me in a large summ of money-there was an Estamate made of ye Estate, & out of civility I offer'd to pay the Balance, because I knew by The 'Gospel of Barnabas.'—This apocryphal of Lawes you could not inherit anything; but you was 80 book is mentioned by Fabricius, in his Codex ungenorus as to insist vpon all or none.
Apoc. N. T.,' and also by Jeremiah Jones, in his * Taltarum's case, Year-Book, 12 Ed. IV., p. 19.
valuable work on the canon of the New Testa13 Geo. I., c. 18. This was, of course, "a very sub- ment, but neither writer throws any more light stantial inducement to the Catholics to sell their estates on the subject than is to be obtained from the forthwith.
fourth volume of 'Menagiana,' from which Fabri
cius, as well as Toland in his 'Nazarenus,' has College, Oxford. It may be worth inquiry whether simply copied. We learn from Sale that the this Spanish, or, better still, any copy of the Italian book was held in high esteem by the Moham- version is still in existence. As to the original, premedans, especially on account of its references Mohammedan document, it seems to be universally to the founder of their religion, who is (in the acknowledged by all Christian writers that no trace Arabic version) foretold as the “messenger of of it any longer exists. Were it otherwise it might God who was to perfect the dispensation of be interesting to compare the two, and thereby Jesus,” &c. This Arabic version is alluded to, ascertain the nature and extent of the post-Mohamalthough not by name, by Reland, in his le medan interpolations and alterations. F. N. book De Religione Mohammedica,' but it is not clear from the little he says of it that he, any more A SPECIMEN OF GALLICIZED ENGLISH. In than Sale, had ever seen a copy. The version used 'N. & Q.,' 7th S. vi. 405, I have given 'A Speciby Sale was in Spanisb, and his account of it is as men of Pure English,' largely copied from schele follows:
de Vere. I now present the contrast to it, also " It contains 222 chapters......and is said, in the front, mainly derived from the same author :to be translated from the Italian by an Arragonese Moslem named Mostafa de Aranda. There is a preface sion of the country; and, master of the soil, erected for
“ To defend his conquest, the Norman gained possesprefixed to it, wherein the discoverer of the original MS., tresses and castles, and attempted to introduce novel who was a Christian monk, called Fra Marina, tells us terms. The universe and the seasons, the planets and that having accidentally met with a writing of Irenæus comets, and even the ocean, attest how much was im(among othere), wherein he speaks against S. Paul, alleging for his authority the Gospel of 8. Barnabas, he pressed with the seal of the conqueror. Hills
mountains, and dales valleys, streams were called rivers, became exceedingly desirous to find this Gospel.”
and woods were forests. The deer, the ox, the calf, the The story goes on to tell us how he discovered a swine, the sheep appeared on the sumptuous table of the copy in the library of Pope Sixtus V., and thereby noble as venison, beof, veal, pork, and mutton. Salmon, (having stolen it in order that he might study sturgeon, lamprey, and bream became notable as deliit more at leisure !) became a convert to Moham- and herons, quails and pigeons, stallions and backneys
cacies ; serpents and lizards, squirrels and conies, falcons medanism. Whether this was an Arabic MS. or
were novel names in the list of the contents of the animal Italian is not clear ; but assuming, as seems more kingdom; whilst the old worts became herbs or vogeprobable, if, indeed, the whole story is not pure tables, and included onion and borago, lettuce and sage; fiction, that it was the latter, it may have been the together with such flowers as the primrose and violet, same Ms. which was given in 1713 to Prince of rank and dignity appeared in duke and marquis, count
peony and gentian, columbine and centaury. New titles Eugene of Savoy by J. F. Cramer of the Hague.* and viscount, baron and baronet, equire and master. The Whatever truth there may be in the rest of the mayor presided at the council above the Saxon alderman. story, one thing at least is beyond question, and The list of the officers of the government comprised that is that Fra Marina found nothing in Irenæus chancellor and peer, chamberlain and ambassador, to set him on the search for this “Gospel." Nothing title, but the state and the court became French; the
general and admiral. The king indeed retained his seems to be really known as to the date of its com administration was carried on according to the constituposition (I am now alluding, of course, to the original tion;
treaties were concluded by ministers and subdocument, which was certainly in existence long mitted for approval to the sovereign; the privy council before the time of Mohammed, and not to the later was consulted on the affairs of the empire, and loyal subversion, in which the prophecies relating to him bers debated on matters of grave importance, on peace or
jects sent representatives to parliament. There the memwere interpolated); but even supposing it to have war; ordered the army and navy, disposed of the national been in existence in the time of Irenæus, which is treasury, contracted debts, and had their sessions and by no means probable, there is certainly not a word their parties. At brilliant feasts and splendid tournain his extant writings which can by any ingenuity ments the dower of chivalry was assembled; heraldry be interpreted as alluding to it. But as I have with pale and fese, chevron and saltire, disposed upon or or
abounded with its foreign terms, emblazoning the shield already hinted, the whole story of Fra Marina and argent, gules, azure, vert, sable, or ermine, and covering his discovery has all the appearance of pare fiction, it with a miscellaneous and marvellous array of heraldic and may, therefore, be dismissed without further charges, from the lion rampant to the diminutive roundel. notice. The Italian MS. is supposed to have been at magnificent assemblies beauty and delicious music
enchanted the multitude of dancers. written about the year 1450, but of the probable
A new splendour date of the Arabic from which it is translated I can manners and excited the admiration of the ancient in
was added to society, and foreign customs polished the find no mention. Nor can I find any further habitants, who, charmed by such elegance, recognized in account of the Spanish beyond what Sale tells us, their conquerors persons of a superior intelligence; and except that, about fifty years later, Dr. White, in admiringly endeavoured to imitate their peculiarities and
fashions, and even introduced numerous strange terms his Bampton Lectures' for 1784, mentions“
a into a language which was thus rendered singularly comcomplete copy,” together with an English trans- plex.” lation of “a considerable part” of it, which was in this specimen the number of French words is lent him by his friend Dr. Monkhouse, of Queen's abnormally great, and rises to the very high rate * See 'Menagiana,' iv. 321, ed. 1716.
of 50 per cent. I doubt if a much higher rate can
possibly be obtained in a somewhat long example SPELLBINDERS.—The last presidential campaign without a much greater display of effort.
has given birth to the new word “spellbinder." I WALTER W. SKEAT. give you its raison d'être from the New York
World, Nov. 15:FOLK-LORE : SUPERSTITION ABOUT BANNs.Richard Cleasby, author of the Icelandic Dic- this vicinity had its innings of rejoicing last night. It
“The 'Spellbinders'' end of the Republican party in tionary,' records in his "Diary,' Sept., 1843, that took the form of a dinner at Delmonico's, and there while posting from Calmar to Malmoe, through were just 111 Spellbinders' present. Each one was a Gothland, he had occasion to stop at a parsonage, campaign speaker, and had in his time held an audience called Hoby, to inspect the celebrated stone called 'spellbound,' or thought he had. Hence their title." “Runamo," and that“ before leaving the parsonage
HALKETT LORD. he heard a piece of superstition which showed the
Scotch Plains, N.J., U.S. state of mind of the middling agricultural class. INSCRIPTIONS ON HOUSES.--As some of your A bönde (farmer) came to arrange for the clergy. correspondents have referred to the subject, it is man marrying him; and after all was settled, possible that they may be glad to see reprinted in hastened back to remind him on no account to
ÎN. & Q.' the following paragraph, which I cut publish the banns when the moon was on the from the Globe of Sept. 15 :wane, but when it was increasing. The expressions
“The Historische Verein of Schaffhausen is making a he made use of were ny and neðan (“Life of Richard collection of the countless inscriptions upon private Cleasby," by Sir G. W. Dasent, prefixed to the houses which abound in Switzerland. They are mostly in Icelandic Dictionary,' Oxford, 1874, 4to., p. xciv. rhyme, and often marked by a pitby humour.” Is a similar feeling traceable elsewhere in ancient
E. WALFORD, M.A. or modern times? There is a common saying Hyde Park Mansions, N.W. that pigs should be killed while the moon is waxing, and never when it is waning.
Relics.-In MS. Egerton 2603 is a paper, appaW. E. BUCKLEY.
rently a report made circa 1500 on the relics in the
Cathedral Church at Coventry, which I do not reBED-ROCK.-I met with this word about the member ever to have seen in print, and think is middle of September in newspaper, and worth publishing. The note at end of list seems though I had never seen it before, I did not to be about a score years younger than the rest :-take a note of it, because I thought it was pro- The Inventorie of all maner of Reliques conteynyd in the bably a well-known word. And then, shortly
Cathedrall Churche of Couentrie. afterwards, when I discovered that it was neither first a shryne of Saynı Osborne of Copper and gylte. in the 'N. E. D.' nor in any other dictionary I Saynt Osbornes hedde closyd in Copper and gylt. had, I could not, of course, lay my hand upon the A parte of the Hollye Crosse in Sylvr and gylt.
A Reliq'e of Thomas of Canterburie, p'te sylor and p'te passage in which I had read it. I am unable now
copper. to say precisely in what sense the word was used, A pece of Owre ladyes Tombe, Closyd in Copper. but I think it was in that of the real basis or root A Relyquie of Sayat Ciscilies foote, p'te gylyr and p'te of a matter or question. In mines a stratum or copper. seam often reposes upon a rock, which might well A Crosse w' a Relyquie of Saynte James, Sylvt and gylt
and set wt stones. be termed the bed-rock* of that stratum, and so the An Image of Saynt George pl a bone of his in his shelde, bed-rock of a matter would be its root stripped of Sylvi. everything adventitious. But is this really the An Arme of Saynt Justyne in Sylvr. meaning of the word, if it is known to exist ? The An Arme of Saynt Jerome in Sylvr. moral of this note, at all events, is, Swear by Capt. A Reliquie of Saynt Androwe in Copper and gylt.
An Arme of Saynt Augustyne in Sylvr. Cuttle.
A Ribbe of Saynt lawrence in Sylvr. Sydenham Hill.
An Arme of Saint Sylvyne in Sylvr.
A[n] Image of on of the chylderne of Israell of Sylv. Missal.-Why will persons continue to misuse A smale shryne of the Appostells of Copper and gylt. this word? The following passage has just caught A Reliquie of Saynt Kateryn, in Copper. my eye in the columns of a contemporary. The A barrell of Reliq'es of Confessors, of Copper. writer is referring to a copy of a manuscript which A Reliq'o of the thre kyngs of Colleyne, of Copper. has no relation to the mass or other church service : ij Bagges of Reliquies.
iiij lyttell Crosses of Copper. “ The colours used for the missal letters and the Owre ladies mylke in Sylvr and gylt. final touches of the rubricator are carefully indi. Another and later band :cated." By “missal letters” I conclude the writer
And among thees reliques yor lordshipp shall finde a means large capitals. If he does mean this, it pece of the most holy iawe bone of the asse that kyllyd would have been much better to say so. Anon. Abell we dyvers like.
H. HALLIDAY SPARLING. * In Schiller's Technological Dictionary' (1878), however, I do not find the term, although I find bed-stone
OMNIBOATS : ELECTROLIER.-I note the follow=" lower millstone of a mill."
ing horrible additions to the Eoglish language :
omniboats, advertised by the new Thames steamer HIGHERING. - Is this word of recognized use in company in October; electrolier, advertised in the sense of “raising”? A youth writing to me Bradshaw in November, meaning a chandelier for from Rugby in reply to an advertisement says, “I electric light. EDWARD H. MARSHALL, M.A. am desirous of highering my position.” Or is it a Hastings.
provincialism? I think the word, as an opposite
to lowering, might serve a useful function in cerQueries.
tain cases where raising, though strictly accurate, We must request correspondents desiring information does not express the meaning with equal aptness. on family matters of only private interest, to affix their
EDWARD WOLFERSTAN. names and addresses to their queries, in order that the Arts Club, Hanover Square, answers may be addressed to them direct.
[“ Bettering my position” is, of course, the customary
phrase.] CHILDREN.—I believe that the proper official designation for pupils of the older public schools, THOMAS LUCAS, SOLICITOR-GENERAL TO HENRY commonly called "boys,” is, or was, “ children.” Í VIII.-I bave lately seen in the chancel wall of should be glad to receive examples of this of any Little Saxham Church, Suffolk, the remains of the date. The statutes (when in Englisb) and records cenotaph of this Thomas Lucas. I shall be glad of the schools will no doubt afford many. Is it still to know the date of his death and where he was applied to choir-boys, other than the children of buried. When did the practice commence of the Chapel Royal at St. James's”? For the latter knighting solicitors-general ?
D. K. T. our earliest examples are of date 1510 : earlier instances will be acceptable. “Boys" were, appa
ANAGRAM ON VOLTAIRE.- In the 'New English rently, in early times creatures of a lower and Dictionary' the following quotation is given under rougher order ; for, in the instructions to a child the word “Anagram.” I should be much obliged how to deport himself he is told, “With brothels if any one would explain this perplexing anagram, [=low fellows] ne boies loke thou with hem neuer
as I fail to detect it. Voltaire's real name is play.”, “Boys” have looked up; and begun to François Marie Arouet. “Carlyle, 'Fredk. Gt.,' look down upon
" children since the days of II. v. ii. 14: Monsieur Arouet Junior (le Jeune “ Stans Puer ad Mensam.
or l. j.), who, by an ingenious anagram......writes J. A. H. MURRAY.
himself Voltaire ever since.' M. J. Jonas. The Scriptorium, Oxford.
[ÅKÖVÉT łce) Š(eune)=VOLTAIRE.]
John, EARL OF WERTHEIM, 1407.-Can any suggested by a friend as an inscription to be placed reader of ‘N. & Q.' tell me where I can find the over the porch of a country house. Other friends correct blazon of the arms of Johann, Earl of criticize the " vive," as being of doubtful significa- Wertheim, who died in 1407, and has a sumptuous tion. I shall be glad to have the opinion of any of monument in the church of Wertheim? The arms your readers upon this point, or the suggestion of are : Quarterly 1 and 4, demi-eagle displayed in an alternative motto, to consist of not more than chief, and in base three roses ; 2 and 3, Barry of two words.
WESTMORELAND AND CUMBERLAND YEOMANRY can find a description, either pictorial or verbal, of medal (size 24) has the bust of Her Majesty in the ordinary dress of a London apprentice temp. miniature (similar to that on the current florin). Elizabeth ? Would such costume vary in accord-On the reverse is a garnished shield, with a ance with the particular trade? I have looked in mounted trooper in high relief on each side as Planche’s ‘History of Costume' without result.
M. G. D.
supporters. On the shield, party per pale, are
dexter the arms of the city of Carlisle, and sinister LORD LISLE’S ASSASSINATION. – In a MS., (?) in chief a three-quarter length of king crowned written 1739, there is an allusion to an Irishman holding a sword in dexter hand and an orb in the named James Cotter,
sinister; in base three stags' heads couped, 2 "whom K. James (II.) had from a trooper in the Guards and 1. What does this blazon represent? Anraised to a Lieut. Coll.'s Commission, the Honour of swers will greatly oblige John A. FOWLER. Knighthood, and an Estate in the county of Cork for his 55, London Road, Brighton. Assassinating Lord Lisle as he came out of a church in Switzerland.
BUONAPARTE's HABEAS CORPUS.-In a letter I should be glad of information as to the nobleman from Charles Lamb to Southey, dated August 9, referred to, the date, and particulars of bis assas- 1815, the following passage occurs : "I hear Buonasination.
C. S. K. parte has sued his habeas corpus, and the twelve
5 7 2 1 8 4 3