Notes and Queries, Number 57, November 30, 1850
TekstA.B.R.Easton.
"Then" for "than."—At the end of Selden's Titles of Honour (edit. 1631), after the list of "Faults escapled in print," occur the words, "may with no less difficulty be amended then observed?" Was the word then commonly used in the sense of than; or is it a misprint?
P.H.F.
[Dr Latham, in English Language, p. 377. (3d ed.), observes. "As to the word than, the conjunction of comparison, it is a variety of then; the notions of order, sequence, and comparison, being allied. This is good; then (or next in order) that is good, is an expression sufficiently similar to this is better than that to have given rise to it."]
Doctrine of the Immaculate Conception (Vol. ii., p. 407.).—"The Papal decision" referred to may probably be found in the Popes Letters of 2nd Feb. 1849, and of 20th May, 1850. The former professes to seek for information on this question from the priests and bishops of the whole Catholic world, but at the same time it enunciates clearly the Pope's opinion in favour of the doctrine.
J.H.M.Bath.
In the Catholic Annual Register for the Year ended 30th June, 1850, published by Dolman, will be found the recent Allocution of his Holiness Pius IX., a Pastoral of the Cardinal Wiseman, and one from the bishops of America on this subject; from which your correspondent L. will be fully able to discover the present state of the doctrine of the Catholic Church on this mystery.
FESTE.
Letters of Horning (Vol. ii., p. 393.).—Letters of Horning, in the law of Scotland, are writs issuing under the signet of the sovereign (used in the Supreme Court, or Court of Session, for signifying the sovereign's assent to writs issuing from that court) obtained by creditors, commanding messengers at arms
"To charge the debtor to pay or perform his obligation within a day certain." … "If payment be not made within the days mentioned in the horning, the messsenger, after proclaiming three oyesses at the marketcross of the head borough of the debtor's domicil, and reading the letters there, blows three blasts with a horn, by which the debtor is understood to be proclaimed rebel to the king for contempt of his authority."
§ 26. "Denunciation, if registered within fifteen days, either in the sheriff's books or in the general register, drew after it the rebel's single cheat, i.e. forfeiture of his moveables to the crown. So severe a penalty, with the character of rebel affixed to denunciation on civil debts, was probably owing to this; that anciently letters of horning were not granted but to enforce the performance of facts within one's own power, and when afterwards [in 1584] they came to be issued on liquid debts, the legislature neglected to soften the penalty. Insomuch that those who were denounced rebels, even for a civil cause, might be put to death with impunity till 1612. Persons denounced rebels have not a persona standi ne judicio. They can neither sue nor defend in any action."
I have preferred, to any explanation of my own, to make the preceding extracts from Erskine's Principles of the law of Scotland, Book ii., Title 5., Sections 24, 25, 26.,—a standard institutional work of the highest authority.
For those who are disinclined to examine the subject too gravely, I must refer to another authority equally worthy of credit, viz. Sir Walter Scott's Antiquary, where, in Chapter xviii.,
"Full of wise saws and modern instances."
the subject of imprisonment for debt in Scotland is discussed most ably by Jonathan Oldbuck, Esq., of Monkbarns, who proves to his nephew, Captain McIntyre, that in that happy country no man can be legally imprisoned for debt. He says,—
"You suppose now a man's committed to prison because he cannot pay his debts? Quite otherwise; the truth is, the king is so good as to interfere at the request of the creditor, and to send the debtor his royal command to do him justice within a certain time; fifteen days, or six, as the case may be. Well, the man resists, and disobeys; what follows? Why, that he be lawfully and rightfully declared a rebel to our gracious sovereign, whose command he has disobeyed, and that by three blasts of a horn, at the market-place of Edinburgh, the metropolis of Scotland. And he is then legally imprisoned, not on account of any civil debt, but because of his ungrateful contempt of the royal mandate."
I have only quoted what was absolutely necessary to answer the Query; but there is much more to be found on the subject in the same place.
I cannot suppose that there is any one of your readers so illiterate as not to have read the Antiquary, there are few memories which are not the better for being from time to time refreshed. My own is not of the best, which is sometimes disadvantageous to me, but not in a case like this. I have frequently read over the Antiquary, again and again, and have always derived much pleasure and amusement from so doing, and that pleasure I hope still again to enjoy.
J. S–s.
Dr. Euseby Cleaver (Vol. ii., p. 297.).—Your correspondent H. COTTON, Thurles, Ireland, is mistaken with reward to Dr. Euseby Cleaver. He was never Bishop of Cork and Ross. He was Bishop of Ferns and Leighlin, and translated thence to the archbishopric of Dublin about the year 1805. No doubt the transaction will be found in the Registry of Ferns, but I do not know the date of his consecration.
I was acquainted with that good man, and my mother was his first cousin.
R.S.Belgave, Nov. 15. 1850.
Mrs. Partington (Vol. ii., pp. 377. 411.).—In the Rev. Sydney Smith's speech at Taunton, on the Lords' rejection of the Reform Bill, October, 1831, is this passage:
"The attempt of the Lords to stop the progress of reform, reminds me very forcibly of the great storm of Sidmouth, and of the conduct of the excellent Mrs. Partington on that occasion. In the winter of 1824, there set in a great flood upon that town—the tide rose to an incredible height—the waves rushed in upon the houses, and everything was threatened with destruction. In the midst of this sublime and terrible storm, Dame Partington, who lived upon the beach, was seen at the door of her house with mop and pattens, trundling her mop, squeezing out the sea-water, and vigorously pushing away the Atlantic Ocean. The Atlantic was roused. Mrs. Partington's spirit was up; but I need not tell you that the contest was unequal. The Atlantic Ocean beat Mrs Partington. She was excellent at a slop or a puddle, but she should not have meddled with a tempest."
This speech is reprinted in the collected editions of Sydney Smith's Works. Unless an allusion to Mrs. Partington of a prior date to October, 1831, is produced, we may fairly consider that the celebrity of that lady is owing to Sydney Smith.
I doubt if Lord Brougham ever alluded to Mrs. Partington. Certain it is he never made any speech in the House of Commons on the Reform Bill, as he was raised to the peerage some months before that bill was brought forward.
C.H. COOPER.
"Never did Cardinal bring good to England" (Vol. ii., p. 424.).—Your correspondent O.P.Q. refers to Dr. Lingard's History of England, in which this exclamation of the Duke of Suffolk, on the adjournment of the legatine inquiry into the validity of the marriage of Henry VIII. and Catharine of Arragon, is termed an "old saw," and remarks that he should be glad to know if this saying is to be met with elsewhere, and what gave rise to it. Before we enter upon the inquiries suggested by O.P.Q., it seems to me that we have to consider a previous question—what authority is there for terming it an "old saw." Dr. Lingard refers to "Cavendish, 434.; Herbert, 278." as his authorities for the whole paragraph. But Herbert does not contain anything of the kind and Cavendish relates the matter very differently:
"With that stepped forth the Duke of Suffolk from the king, and lay his commandment spoke these words with a stout and an hault countenance, 'It was never merry in England,' quoth he, 'whilst we had cardinals amongst us!'"—Cavendish's Wolsey, pp. 232, 233, Singer's edition.
Is Dr. Lingard the authority for these words being an "old saw", or has he merely omitted to give a reference to the place from whence he really derived them?
BERUCHINO.
Pandects, Florentine Edition of (Vol. ii., p. 421.).—Your correspondent R.G. will find copies of the Florentine edition of the Pandects of 1553, both in the British Museum and in the Bodleian library at Oxford. It is described in the catalogues of both under the title of Pandecta.
C.L.L.
Master John Shorne (Vol. ii., p. 387.).—Mr. Thoms, in his curious notes on this personage, has expressed much regret that fuller details relating to a representation of Magister Johannes Schorn at Cawston, Norfolk, communicated to the Archæological Institute by the Rev. James Bulwer, had not been preserved in the Archæological Journal. I believe that the omission was solely in deference to Mr. Bulwer's intention of giving in another publication the results of his inquiries, and those persons who may desire detailed information regarding Master John will do well to peruse Mr. Bulwer's curious memoir in the Norfolk Archæology, vol. ii. p. 280., published March 1849, where representations of the figure at Cawston, and of another at Gateley, Norfolk, are given. There seems to be no evidence that Sir John, although in both instances pourtrayed with nimbus, had been actually canonized and it is deserving of notice that in no ancient evidence hitherto cited is he designated as a Saint, but merely as Master, or Sir John. I am surprised that Dr. Husenbeth, who is so intimately conversant with the examples of hagiotypic symbols existing in Norfolk, should not have given him even a supplementary place in his most useful manual of the Emblems of Saints, recently published. (Burns, 1850, 12mo.) I have sought for Sir John in vain, in either section of that valuable work. It occurs neither under the names of saints, nor in the series of emblems.
ALBERT WAY.
"Her brow was fair" (Vol. ii p. 407.).—The author of the passage quoted by J.M.B. is Barry Cornwall. It occurs in one of the delicious little "Miscellaneous Poems" attached to the volume entitled Dramatic Scenes. The quotation is not quite accurate, the last two words of the first line, "and look'd," being carried into the second, and thus destroying the metre of both. The Dr. Armstrong alluded to by J.M.B. is, I suppose, a modern celebrity of whom I must plead guilty of being ignorant. The lines could, of course, only occur in the writings of the Dr. Armstrong who wrote The Art of Preserving Health, and who was the friend of the poet Thomson, through the interpolation of some modern editor, within the last thirty years. Barry Cornwall's poems have never been collected, in this country at least; and as the volume which contains the one in question is to be met with only occasionally, on the book stalls, I send you the entire poem:—
THE MAGDALEN
"And woman who had wept her loveliest dower
There hid her broken heart.
Paris. "I do remember it. Twas such a face
As Guido would have loved to dwell upon;
But oh! the touches of his pencil never
Could paint her perfect beauty. In her home
(Which once she did desert) I saw her last;
Propp'd up by pillows, swelling round her like
Soft heaps of snow, yielding, and fit to bear
Her faded figure. I observed her well:
Her brow was fair, but very pale, and look'd
Like stainless marble; a touch methought would soil
Its whiteness. O'er her temple one blue vein
Ran like a tendril; one through her shadowy hand
Branch'd like the fibre of a leaf—away.
Her mouth was tremulous, and her cheek wore then
A flush of beautiful vermilion,
But more like art than nature; and her eye
Spoke as became the youthful Magdalen,
Dying and broken-hearted."
G.J. DE WILDE.
Dodd's Church History (Vol. ii., p. 347).—G.R., who is good enough to speak of my edition of this work in a very flattering manner, presumes, and not unnaturally, from the lengthened period which has elapsed since the appearance of the last, or fifth volume, that its continuation "has for some reason or other been abandoned." I am glad, however, to inform him that such is not the case. Health, and other uncontrollable circumstances, have unfortunately interfered to impede the progress of the work; but that it is not abandoned, I hope, ere long, to give to him and to the public a practical evidence.
M.A. TIERNEY.Arundel, Nov. 1850.
Blackwall Docks (Vol. i., pp. 141. 220.).—These, in Pepys' time, probably included more than the dry docks, known as Wigram's and Green's; e.g., in Sir Thomas Brame's Letters, dated 29th Sept. 1666, we read:
"Blackwall hath the largest wet dock in England, and belongs chiefly to the East India Company."—Sir Thos. Brame's Letters, edit. Wilkin, t. i. p. 135.
W. DN.
Wives of Ecclesiastics (Vol. i., p. 149.).—In Archdeacon Hale's Curious Precedents in Criminal Causes, p. 23., under 1490, and in the parish of S. Nicholas, Coldharbour, London, we read:
"Nicholai Colde.—Johannes Warwick quondam clericus parochie ibidem adulteravit cum Rosa Williamson et ob amorem illius mutilavit et quasi interfecit uxorem propriam."
We may remark that the delinquent is not called Dominus, but "clericus parochie."
W. DN.
Stephens' Sermons (Vol. i., p. 334.).—The sermons referred to by BALLIOLIENSIS, with a suggestion that they may be those of the Rev. W. Stephens, were preached by Rev. Samuel Johnson, vicar of Great, and rector of Little Torrington. Stephens was subsequently vicar of St. Andrew's, Plymouth, a living then in the gift of the corporation.
W. DN.
Saying of Montaigne (Vol. ii., p. 278.).—I have seen this attributed to Fenelon, and, I think, to an English divine; but have no "Note," and regret I cannot recollect the name.
ESTE.
Scala Cœli (Vol. ii., p. 285.)—They are not in the church of St. John Lateran, but in a separate portico-like building. They form the middle flight, up which the faithful ascend on their knees, and descend by ordinary stairs on each side. These stairs are of stone (or marble), and are covered with boards, so that only parts are visible. They are said to have formed part of Pilate's house at Jerusalem; but I believe there are other claimants for the honour. One or two brass stars, inlaid in the stone, are said to mark the spots where Christ's tears fell.
ESTE.Birmingham, Nov. 13. 1850.
Red Hand—Holt Family—Aston Church (Vol. ii., p. 241.).—The tradition is not, I belive, of very ancient date. It is stated that one of the Holt family murdered his cook, and was afterwards compelled to adopt the red hand in his arms. It is, however, obviously only the "Ulster badge" of baronetcy. I have never heard any further particulars of the tradition.
ESTE.
Swearing by Swans (Vol. ii., p. 392.).—
"Toison d'or parut ensuite; il apportait un faisan vivant, orné d'un collier d'or; alors le duc Philippe, suivant l'ancien usage qu'avaient les seigneurs de prêter leurs serments sur quelque noble oiseau, jura qu'il irait en personne dans l'Orient combattre le chef des Sarrasins." &c., &c.—Histoire des Ducs de Bourgogne, par F. Valentin, troisième édition, p. 235. 8vo. Tours, 1846.
E.J.M.Oxford.
"Tickhill, God help me!" (Vol. i., p. 247.).—Chagford, on the borders Dartmoor, in Devon, is in winter a very desolate and almost unapproachable place. If an inhabitant be asked at this season concerning his locality, he calls it, in sad tones, "Chagford, good Lord!" In summer the place is picturesque and much sought, and then the exulting designation is "Chaggiford, and what d'ye think?"
Widdicombe-in-the-Moor, in the same neighbourhood, is a most out-of-the-way place, and is commonly spoken of as "Widdicombe in the cold country, good Lord!"
J.W.H.
"Noli me tangere" (Vol. ii., p. 253.).—To the list given of the painters of this subject may be added Frederico Baroccio. A singularly beautiful engraving by Raphael Morghen of this picture, then in the possession of the Marquis Bonvisi of Lucca, was published at Florence, 1816.
C.I.R.
Judas Bell, Judas Candle, &c. (Vol. ii., p. 298.).—In the parish accounts of Lambeth, the two following entries occur:—
"1516. To James Calcot for payntyng of Judas, 6d."
"1523. Paid for a staff for Judas crosse – 4d."
I venture to add these to the instances cited by Mr. Walcott, hoping that the slightly varied form may furnish a clue by which some of your readers may be able to unravel the meaning of such allusions more satisfactorily than any yet attempted.
J.C.B.
Burial towards the West (Vol. ii., p. 408.).—Mr. Hawker has stated very confidently that
"It was the ancient usage of the Church that the martyr, the bishop, the saint, and even the priest, should occupy in their sepulture a position the reverse of the secular dead, and lie down with their feet westward and their heads to the rising sun."
It is true that a custom has existed in many places for nearly two centuries and a half to assign to the clergy a method of interment distinct from that adopted for the laity; and the observance of this usage is not limited to Romanists, for its continuance may be noted among members of the Church of Ireland also, at least in remote districts of that country. With respect to this matter, however, your correspondent has entirely misapplied the term "ancient;" for until the seventeenth century there was not any difference in the mode of sepulture prescribed for priests and laymen but, most commonly, all persons entitled to Christian burial were placed with their feet toward the east, in consequence of a tradition relative to the position of our Saviour's body in the tomb. (Haimo, Hom. pro Die Sancto Pasch.; J. Gregrory, Oriens nomen Ejus, 85., Martene, De Antiq. Eccles. Ritibus, tom. ii. p. 374. Venet. 1783.) It is believed that there is no earlier authority for the sacerdotal privilege in question than a rule contained in the Rituale Romanum sanctioned by Pope Paul V. in June, 1614; viz.:
"Corpora defunctorum in ecclesia ponenda sunt pedibus versus altare majus … Presbyteri verò habeant caput versus altare."—Cap. De Exsequiis, p. 63. Antwerp, 1635.
A rubric afterwards directs (p. 168.) that the bier should be so set down in the middle of the church that in every case the injunction previously given should be complied with, even from the commencement of the funeral service; and, in fact, the manner of adhering to the established practice of exhibiting in the church to the people the bodies of the deceased clergy, clad in vestments, prior to their interment (on which occasions an altar-ward posture was naturally selected for the head, in order that the remains might be more easily seen), appears to have originated the idea of the fitness of retaining an unjustifiable priestly prerogative at the time of burial.
Mr. Hawker may peruse with much advantage the first Appendix in the second edition of Eusebii Romani Epistola de Cultu Sanctorum ignotorum. Mabillon has herein very usefully enlarged what he had said, "De Sepultura Sacerdotum," in the preceding impression, of which a French translation was speedily published at Paris, 12mo in eights, 1698. The text of both editions may be found together in tome i. of the Ouvrages posthumes de Mabillon et Ruinart, à Paris, 1724.
R.G.
Totnes Church (Vol. ii., p. 376).—As the priory of St. Mary stood on the N.E. side of the parish church, it is not improbable that the arched passage to which your querist H.G.T. refers may have been formed between the two buildings, and found needful to allow room for the extension of the chancel on the re-erection of the church in 1432. Perhaps if H.G.T. could refer to the ancient documents brought to light by the fall of one of the pinnacles into the room over the porch in 1799, he would gain some information in connexion with his inquiry. The following note may have reference to the very "gangway" in question:
"William Ryder of Totnes, by his will dated 18th Nov. 1432 desires to be buried in the cemetery of the parish church, in itinere processionali juxta ecclesiam prioris et conventus Totton, ex opposito magni altaris ejusdem ecclesiæ."—See Dr. Oliver's Monasticum Dioc. Exon. p. 239.
It appears that the present churchyard is the site of the priory, but on this point the labours of the sexton would probably give some intimation.
S.S.S.
Irish Brigade (Vol. ii., p. 407.).—Your correspondent J.B. will find some interesting particulars concerning the Irish Brigade in the Military History of the Irish Nation, by Matthew O'Conor, extending to the peace of Utrecht in 1711. It was never finished. There is very valuable Appendix in French, written in 1749, and authenticated September 1. 1815, by the Adj.-Comm.-Col. De M. Morres (Hervé); it gives the war-orders, pay, changes in the organization, and numbers of this gallant corps.
MACKENZIE WALCOTT, M.A.