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"The practice of presentment of Englishry in the case of murder, which was once attributed to Canute, is now generally regarded as one of the innovations of the Norman Conquest."

SERING APATAM (7th S. vii. 27, 113, 256).-To cap. x. ('Select Charters,' p. 193); 'Ll. Henr. I.,' accompany Sir R. K. Porter's large historical paint-§ 92, 6. In the text he says:ing of the Siege of Seringapatam there was published 'Narrative Sketches of the Conquest of the Mysore, effected by the British Troops and their Allies, in the Capture of Seringapatam,' 12mo., sixty-six leaves, fifth ed., 1804. The compiler says he has used contemporary accounts printed in India and the despatches of Lord Mornington, and he gives lists of all the troops and their officers, and of the killed and wounded. The picture (of which prints were issued) contained portraits of twenty British officers. W. C. B.

It is also given in Feilden, 'Short Cons. Hist. of
It would, therefore, pre-
Eng.' (1882), p. 69.
sumably be a fair question to ask in a constitutional
history examination.

EXAMINEE.
[H. J. C., MR. THOS. J. EWING, LADY RUSSELL, and
are thanked for
the REV. W. F. MARSH JACKSON
replies to the same effect.]

'ENOCH ARDEN' (7th S. vii. 206).-Has any one pointed out the resemblance between 'Enoch Arden' and Miss Procter's little poem' Homeward Bound("Legends and Lyrics, vol. i.)? Miss Procter's must have been the earlier of the two pieces. EDWARD H. MARSHALL, M.A. Hastings.

"PRESENTMENT OF ENGLISHRY" (7th S. vii. 229). For this refer to Mr. Justice Stephen's "History of the Criminal Law of England,' vol. iii. pp. 30-40, where the learned author quotes the passages from Bracton. He says at p. 31, "The effect of a presentment of Englishry was to free the hundred from the fine which was to be paid if the presumption that the person slain was a Frenchman A similar story, and older, is that in the old A. B. was not removed." This seems to explain shortly the sweet song of 'Old Robin Gray.' meaning; and it is interesting to note that lower BECKFORD'S 'VATHEK' (7th S. i. 69, 154, 217). down the historian says, "I have found no defini--At the first of these references I asked for tion in Bracton as to what constituted Englishry." information about the scarce original editions of Englishry was abolished by 14 Edw. III., st. 1, c. 4, "Soit l'Englescherie et le presentement dycel Vathek,' printed at Paris and Lausanne; and at pur touz jours ouste," &c.

W. H. Q.

"The name of murder (as a crime) was anciently applied only to the secret killing of another (which the word, moerda, signifies in the Teutonic language), and it was defined, homicidium quod nullo vidente, nullo sciente, clam perpetratur,' for which the vill wherein it was committed, or, if that were too poor, the whole hundred, was liable to a heavy amercement; which amercement itself was also denominated murdrum. This was an ancient usage among the Goths in Sweden and Denmark; who supposed the neighbourhood, unless they produced the murderer, to have perpetrated, or at least connived at the murder; and, according to Bracton, was introduced into this kingdom by King Canute, to prevent his countrymen, the Danes, from being privily murdered by the English; and was afterwards continued by William the Conqueror, for the like security to his own Normans. And therefore if, upon issue had, it appeared that the person found slain was an Englishman (the presentment whereof was denominated Englescherie), the country seems to have been excused from this burthen. But this difference being totally abolished by statute 4 Edw. III., c. 4, we must now (as is observed by Staunforde) define murder in quite another manner, without regarding whether the party slain was killed openly or secretly, or whether he was of English or foreign extraction." Blackstone's 'Commentaries,' vol. iv. p. 194.

Inner Temple.

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G. O. E.

the second I received replies of great value from two correspondents, to whom I duly expressed my gratitude at the third reference. I hope that what I now wish to add may be considered worth recording here, or that it may lead to further elucidation of the mystery which seems to surround the first publication of Beckford's book.

In a sale at Messrs. Sotheby, Wilkinson & Hodge's rooms, on Friday, March 29, lot 373, a copy of 'Vathek,' uncut, was sold (as described), "Lausanne, chez Isaac Hignon and Comp., 1787," to which the following note was appended :

"On the title are the following most interesting lines, written by M. Chavannes, the Savant whom M. Beckford originally entrusted with the correction of his manuscript: A la demande de M. Beckford je me suis chargé de coriger son Manuscrit et de le faire imprimer à Lausanne. Je me suis repenti d'avoir cédé à sa solicitation. L'ouvrage ne me paraissait ni moral ni intéressant. J'ai de plus des désagremens. M. Beckford en quittant Lausanne se hâta de le faire imprimer à Paris au préjudice de l'imprimeur de Lausanne, et je dus menacer M. Beckford de mettre dans les papiers son infidelité qui fît qu'on arrêta à la douane de France l'envoy de l'imprimeur Hignon les trois exemplaires qu'il envoyait à Paris, et M. B. se hâta de dédomager l'imprimeur pour éviter la publicité.' It proves conclusively that this is the genuine first issue."

The term is explained in a foot-note, on p. 215, Does it? The statement does not seem very clear vol. i., of Stubbs's Cons. Hist. of Eng.': "If an to me. Is it true? If really written by Chavannes, unknown man was found slain, he was presumed who claims to have undertaken to correct Beckford's to be a Norman, and the hundred fined accord- MS., it does not present him in a very favourable ingly, unless they could prove that he was Eng-light as a master of style. Some faults may be lish." The following references are given: Li. due, no doubt, to the printer; for auctioneers' Edw. Conf.,' § 16; 'Dialogus de Scaccario,' i. catalogues are not, and can scarcely be expected to

be, models of typographical accuracy. But it is diffi-
cult to believe that Chavannes, or any other savant,
or Frenchman, ever wrote "mettre dans les papiers
son infidelité," for "publish his breach of faith in
the papers." Why should Beckford have wished
to defraud the printer at Lausanne? Is it likely
that he would do so? There seems here a strange
want of motive and likelihood in the fraud attri-
buted to an author who was, as has been hitherto
believed, more sinned against than sinning. What
do MR. BUCKLEY and G. F. R. B. think? The
book was bought by Quaritch at the very high
price of 5l. 10s.
JULIAN MARSHALL.

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Le seul remède qu'elle peut ressentir, La seule revanche pour son tort, not to mention that they would seem, I should think, to a Frenchman an intolerable jargon, could not, I am sure, be scanned by any Frenchman, as they each have a syllable too much. The last verse,

Hélas! trop tard-est la mort,

cannot be scanned for want of a syllable. More-
over, in the first stanza, masculine and feminine
rhymes alternate. The second has only masculine
rhymes. This last feature is almost conclusive that
the verses are the product of an English translator
into French.
E. P.

CLARENDON HOUSE (7th S. vii. 228, 278).— About thirty years ago there was a private entrance on the west side next to the shop now No. 74, Piccadilly, formed by two magnificent wooden pillars, or columns, the cornices of which were elaborately carved. These pillars came originally from Clarendon House, the stately residence of the great chancellor, and had once formed part of the building itself in that immediate locality. At the time I refer to a fishmonger TRIAL OF PATRICK OGILVIE (7th S. vii. 227).carried on business at No. 74, but the lease having It is somewhat surprising that, on looking back fallen in, the premises were put into complete re- some ten or twelve years over N. & Q.,' not a pair and let to Mr. H. Wearne, wholesale woollen note one can find on this subject. Most undoubtdraper, who remained there for several years. Some edly it was an extraordinary case, causing very alterations were then effected, and Mr. Ramus, considerable sensation at the time, and must be of dealer in works of art, was the next tenant, and great interest to those who study celebrated crimiis still in possession. What became of the Claren-nal cases. I have read and reread the case as it don House columns is uncertain, but most probably they disappeared some twenty years since, during the alterations consequent on the rebuilding or extension of the St. James's Hotel, which adjoins No. 74, Piccadilly.

GEORGE J. T. MERRY. 35, Warwick Road, Earl's Court, S.W. The pioneer of mail coaches was Mr. John Palmer, M.P. for Bath, and not General Palmer. The first coach on his system began running on Aug. 8, 1784, and went to Bristol as its destination, and not Bath, through which latter place it passed. When John Wykeham Archer published his 'Vestiges of Old London,' in 1851, a mail on Mr. Palmer's system was still nightly leaving the General Post Office. In memory of him to whom the prosperity of the Post Office is due I must correct MR. ARCHER.

HAROLD MALET, Colonel. LITERARY PLAGIARISMS (7th S. vii. 226, 272). -I do not know whether the French verses quoted under this title in 'N. & Q.' are a translation of Goldsmith's

When lovely woman stoops to folly by an Englishman unacquainted with the rules of French versification, or are an inaccurate transcript of the original of Goldsmith's stanzas. The rhythm of French verses is not very appreciable to an English ear, but French versifiers govern themselves

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was reported in the Scots Magazine of the day, and I would call MR. MARSHALL'S attention thereto. The September number of the magazine referred to contains the opinion of an English lawyer, named M'Carty, dated from London, from which I will only quote a few lines:

"I am of opinion that, if the crimes charged are considered severally, and the evidence produced to support other, no jury in England would have found the prione crime is taken singly, without the assistance of the soners guilty."

And with regard to the charge of poisoning, the same writer says:

"The matter might have been cleared up by opening the body. Surgeons were present and ready to perform the operation, but were prevented by the person who has spirited up the prosecution, and who is to be the only gainer by the death of the prisoners."

In the October number I find it recorded that Ogilvie was reprieved four times. In February, 1766, among the births, it appears Mrs. Ogilvie, while in Edinburgh prison, gave birth to a daughter; and in April there are a few verses on the

death of the child.

With regard to Katharine Nairn's death, I do not know my authority, but am quite of the opinion that she was not executed.

ALFRED CHAS. JONAS. The male prisoner was executed under rather revolting circumstances, as the rope broke. Kathe

rine Nairn pleaded pregnancy, and was respited. She afterwards gave birth to a child, and a few days after escaped from "the Heart of Midlothian,' where she was imprisoned (not at that period a very retentive prison), in man's clothes, and managed to get to London, and eventually to France. It is stated she married again. The trial is in Burton. W. Ö. WOODALL.

I quite agree with your correspondent that this story is not suitable for discussion in the pages of N. & Q.' There is a very full account of the trial and subsequent events in the Annual Register, vols. viii. and ix. Ogilvie was hanged in the Grass Market on the evening of Nov. 13, 1765. Catherine Nairn, who was necessarily respited, escaped from prison, and got away to France.

EDWARD H. MARSHALL, M. A.

Hastings Corporation Reference Library.

POETRY FOR CHILDREN (7th S. vii. 168, 254). -The name of the book asked is 'Poetry Book for Schools. Unfortunately I have only a fragment-the remains of one used by a very young child years since-ergo, cannot state publisher. R. J. MANNING.

SIR RICHARD PRESTON (7th S. vii. 228).-Sir

Richard Preston was one of the Prestons of Whitehill, near Edinburgh, and descended from Andrew de Preston, fourth son of Sir Simon de Preston of Craigmiller, who was knighted about 1360. Being one of King James I.'s favourites, Sir Richard was loaded with honours. He was created Lord Dingwall, and married Elizabeth, daughter and heiress of Thomas Butler, tenth Earl of Ormond, by whom he had one child, Elizabeth, whom the Duke of Buckingham intended for the wife of his nephew, George Feilding, second son of William, first Earl of Denbigh.

With a view to this marriage Mr. Fielding was created Baron Fielding, and Lord Dingwall created Viscount of Callan and Earl of Desmond, with remainder to his intended son-in-law. The scheme was frustrated by the murder of the Duke of Buckingham and the death of the Earl of Desmond, who was drowned in his passage between Dublin and Holyhead, October, 1628. The barony of Dingwall devolved on his daughter, who, however, married the following year James, Lord Thurles, afterwards twelfth Earl of Ormond. The earldom of Desmond devolved on Lord Feilding, in whose family it still

remains.

Swallowfield, Reading.

CONSTANCE RUSSELL.

The earldom of Desmond was conferred by James I. on his favourite, Sir Richard Preston, Knt., Lord Dingwall in Scotland (who had married Lady Elizabeth Butler, descended in the female line from the original earls). Sir Richard Preston had been drowned on his passage from Dublin to England in 1628, and, leaving only a

daughter, the dignity reverted to George Feilding, who was created, November 22, 1622, Lord Feilding of Lecaghe and Viscount Callan in the peerage of Ireland, as also Earl of Desmond, which title was to be enjoyed after the death of Sir Richard Preston, then holding the dignity. I have never come across a pedigree of Sir Richard Preston. GHERADINO.

"WARPLE WAY" (7th S. vii. 269).-MR. ATTWELL will find reference to a "warple way" at Acton in the reports of the case of Serff v. Acton Local Board (L. R., 31 Ch. D. 679; 54 L. T. R. (N.S.), 379; 55 L. J., Ch., 569; 34 W. R. 563), before Mr. Justice Pearson, in January, 1886. I believe the Law Times newspaper gave a note on the term "warple way" during February of the same year; but I have not the paper to refer to.

Q. V.

See N. & Q.,' 1st S. ix. 125, 232, 478. EVERARD HOME COLEMAN.

71, Brecknock Road.

HENRY MARTYN (7th S. vii. 245).-It should be mentioned that the Journals and Letters' of Henry Martyn were published in 1837, in 2 vols., under the editorship of the Rev. (afterwards Right Rev.) Samuel Wilberforce. EDWARD H. MARSHALL, M.A. Hastings Corporation Reference Library. There is a good deal about Martyn in Carus's 'Life of Rev. C. Simeon.' See also 'Memoir of Joseph Pratt,' 1849, pp. 54, 65; Life of W. Wilberforce'; Seeley's 'Later Evangelical Fathers,' 1879. St. Chrysostom and Henry Martyn died under similar circumstances, and are buried at the same place. See the parallel drawn out in the large edition of Conybeare and Howson's 'St.

Paul.'

W. C. B.

FRANCIS MACERONI (7th S. vii. 208).-In or about 1836 Francis Maceroni lodged at the house of Lieut. Raymond Evans, R.N., Chapel Place, Lower Norwood. Evans living next door but one to my parents, I knew Maceroni well by sight, and was often at Evans's house. Maceroni was then engaged with a Frenchman named Marquet, who lived at Kennington, in bringing out a steam carriage to run upon common roads. In an experimental run at Chelsea the carriage ran into a jeweller's shop at the corner of Sloane Street.

THOMAS FROST.

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career subsequent to the mysterious death of the last Condé, have been lately exhaustively written by a friend of mine in two articles in St. James's Gazette. The first appeared on March 22, and the second will follow shortly. R. H. BUSK.

JOSEPH FORSYTH (7th S. vi. 469; vii. 155).— Will J. A. C. kindly give me the full title of Young's 'Annals of Elgin,' including date of publication and Christian name of the author? I gather from J. A. C.'s quotation that there are further particulars relating to the Forsyth family in the book, and, if so, I should much like to see a copy of it. I have searched the calendars at the British Museum, but as yet without success. H. W. FORSYTH HARWOOD.

12, Onslow Gardens, S.W.

STUART EXHIBITION (7th S. vii. 248).—According to the list of the names published in the Athenæum as intended to be inserted under the letter G in the 'Dictionary of National Biography,' there were in the last century two Scotch judges called Patrick Grant. One of them lived from 1690 to 1756, and became Lord Elchies. The following short account of the other is taken from the 'Biographical Dictionary' (1809):

"Patrick Grant, a judge in Scotland, was born at Edinburgh in 1698; in 1754 he was made one of the lords of session, with the title of Lord Preston-Grange. He wrote several tracts against the rebellion in 1745. He died at Edinburgh in 1762."

May not this have been the man to whom the miniature was presented?

Besides the above, the only possible names in the list mentioned appear to be the Rev. Philip Gibbs, stenographer, f. 1736, and Peter Grant, Catholic divine, fl. 1784. J. F. MANSERGH. Liverpool.

Can the initials P. G. on the back of the case containing the valuable miniature portrait of Charles I. signify "Princeps Gallia" (Prince of Wales), and the gift have been to Prince Charles Edward of his great-grandfather's likeness.

Preston.

H. C. WALTON.

At

RICHARD FRANcklin, BookseLLER (7th S. vii. 41). As MR. W. ROBERTS has no notice of the authorship of the essay on the Thirty-nine Articles which he mentions as published by R. Francklin, let me observe that it was Anthony Collins. p. 28 there is a notice of the "King's Declaration before the Articles in 1628," with which compare N. & Q.,' 6th S. i. 331. One particular more of his connexion with N. Amhurst may be given. It is stated that he "was buried at the charge of his printer Richard Francklin" (W. Butler, Chronological, Biographical, Historical, and Miscellaneous Exercises,' London, 1811, p. 129). ED. MARSHALL.

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""" MACBETH " ON THE STAGE' (7th S. vii. 68, 130, 145, 231, 275). In this connexion the following jeu d'esprit from the European Magazine for July, 1877, may be read with interest :—

·
ON THE PERFORMANCE OF MACBETH.'

(Eight kings appear, and pass in order over the stage. Banquo the last.)

Old Quin, ere fate suppress'd his lab'ring breath,
In studied accents grumbled out Macbeth.
Next Garrick came, whose utterance truth imprest,
Whilst every look the tyrant's guilt confest ;
Then the cold Sheridan half froze the part,
Yet what he lost by nature, sav'd by art.
Tall Barry now advanc'd tow'rd Birnam Wood,
Nor ill perform'd the scenes he understood.
Grave Mossop next to Foris shap'd his march,
His words were minute-guns, his actions starch;
Rough Holland too-but pass his errors o'er,
Nor blame the actor when the man's no more.
Then heavy Ross essay'd the tragic frown,
But beef and pudding kept his meaning down.
Next careless Smith tried on the murderer's mask,
While o'er his tongue light tript the horrid task.
Hard Macklin late guilt's feeling strove to speak,
While sweats infernal drench'd his iron cheek;
Like Fielding's kings his fancied triumphs past,
And all he boasts is, that he falls the last.

C. C. B.

CANCINATING (7th S. vii. 289).—This is obviously a mere misprint for lancinating, an ordinary word, commonly used, and meaning "tearing," "lacerating," or (as in this case)" shooting," as applied to a pain in the head. JULIAN MARSHALL.

[Very numerous correspondents write to the same effect.]

SAMUEL PEPYS (7th S. vii. 81, 196, 274).—The MS. corrections occur in my copy on the same pages as in that of MR. FREDK. HENDRIKS; they are, therefore, presumably identical. This proves almost certainly that the published and unpublished books are from the same type, uncorrected and unaltered in any way, except only the presence or absence of the publisher's name on the title. Otherwise there is no difference: the edition is one and

the same.

The collation of my copy agrees with that which MR. HENDRIKS gives, except for the blank leaf at the end; and I doubt if that is part of the book, for there are four leaves to signature S without it. JULIAN MARSHALL.

I have a copy of this book, which somewhat resembles that of MR. HENDRIKS. Like his, it has MS. corrections on pp. 11, 40, 70, 92, and 120. The collation is exactly the same, but it has no MS. letters or figures on the title.

G. FIELDING Blandford.

It is very interesting to find that there were two editions of this work. I should not have thought it was a very rare one, as I have often seen mention of copies, but do not remember to have seen the privately-printed and more interesting one described. My copy has the same imprint as Mr.

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From the madding crowd they stand apart
The maidens three and the Work of Art.

And none might tell from sight alone,
In which had Culture ripest grown.

The Gotham Million fair to see,
The Philadelphia Pedigree,

The Boston Mind of azure hue,
Or the Soulful Soul from Kalamazoo.
For all loved Art in a seemly way,
With an earnest soul and a capital A.
Long they worshipped; but no one broke
The sacred stillness, until up spoke
The Western one from the nameless place,
Who, blushing, said: "What a lovely Vase!"
Over three faces a sad smile flew,
And they edged away from Kalamazoo,
But Gotham's haughty soul was stirred
To crush the stranger with one small word.
Deftly hiding reproof in praise

She cries: "Tis indeed a lovely vaze ! "
But brief her unworthy triumph, when
The lofty one from the home of Penn
With the consciousness of two grandpapas,
Exclaims: "It is quite a lovely vahs !'
And glances around with an anxious thrill
Awaiting the word of Beacon Hill,

But the Boston maid smiles courteouslee,
And gently murmurs, "Oh, pardon me!
I did not catch your remark because

I was so entranced with that lovely vaws."
Dies erit prægelida

Sinistra quum Bostonia.

W. H. BURK,

I recollect about seven years ago frequently hearing this word pronounced in Staffordshire as if spelt vause, rhyming with cause. I also knew several people who invariably used vaze, as if to rhyme with haze. But this pronunciation is rapidly being superseded there by the usual one-vahse.

J. CUTHBERT WELCH, F.C.S. There is a second volume of Anon.'s poems which from its rarity is probably unknown to

A. J. M. In it the fate of the vase is celebrated in more serious verse. The poem, which is one of touching beauty, begins thus:

That brutal boy the china vase

Knocks down, and all its beauty mars: 'Twas painted with sun, moon, and stars! C. F. S. WARREN, M. A Foleshill Hall, Coventry.

ARMORIAL BEARINGS ON ALTARS (7th S. vii. 148, 231).-There was a shield of arms (I forget the charges) carved on the front of a modern stone altar in Bramhope Church, near Leeds. I saw the church some ten years ago; since that time it has become disused, but I am not certain that it has been pulled down.

Coatham, Yorkshire.

T. M. FALLOW.

FAMILY MOTTOES (7th S. vii. 127).-The tradition in our family regarding the origin of our crest and motto is this. Angus Dhu Mackay (13801429) being questioned as to the validity of the charter by which he held his lands (he had in reality no charter), drew his dirk, or dagger, and striking it on the table at which he was sitting, said, "This is my charter," adding some words in Gaelic, meaning "with a strong hand." The hand and dagger seem then to have been adopted as the crest. In the oldest form the dagger is represented as held upright; but when Sir Donald Mackay was raised to the peerage in 1628, with the title of "Lord Reay," he seems to have changed the crest somewhat, and made it a dexter arm couped and erect, grasping a dagger also erect, with the motto "Manu forti."

The motto of the Abrach Mackays (descendants ("Be of John Abrach Mackay) is "Bidh treun valiant"), which was very appropriate, as they were considered the wardens of the clan territory. The ancient banner (the bratach bhan) of this branch of the Mackays is still preserved, and is now in the possession of Mr. Alex. Mackay, Thurso. It was exhibited at a meeting of the Clan Mackay Society, held in Glasgow on December 27 last. It had a figure in the centre, said to have been a stag, and the above motto; but the figure is now worn out and the motto hard to decipher. I examined the banner several years ago. JOHN MACKAY.

Cambridge, Mass., U.S.

I think that MR. J. S. FARMER will find great difficulty in making his intended collection, from not at all universally so. the fact that while arms are hereditary, mottoes are For instance, the Coleridges formerly used the punning motto "Cole Regem," but now Lord Coleridge adopts "Qualis vita finis ita." In my own family, the late Mr. Cornelius Walford took as his motto, I know not on what ground, "Fortis et stabilis"; one of my brothers has taken "Fortis ut leo cui fides in Deo," in allusion to our lion and cross crosslet; while I have adopted "Per ardua," in allusion to the

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