custom or law so clearly illegal had ever occurred within recent times, we should have assuredly found some record of it in the annals of criminal justice, as the executioner would infallibly have been hanged. The regulations are probably an attempt by some private hand to embody the local customs of the district, so far as regards lead mining; and they contain the substance of the usual customs prevalent in most metallic regions, where mines have been worked ab antiquo. The first report of the Dean Forest Commission, 1839, f. 12., adverts to a similar practice among the coal and iron miners in that forest. It seems to be an instance of the Droit des arsins, or right of arson, formerly claimed and exercised to a considerable extent, and with great solemnity, in Picardy, Flanders, and other places; but I know of no instance in which this wild species of metallifodine justice has been claimed to apply to anything but the culprit's local habitation and tools of trade. I need not add that the custom, even with this limitation, would now be treated by the courts as a vulgar error, and handed over to the exclusive jurisdiction of the legal antiquaries and collectors of the Juris amoenitates. E. SMIRKE.

"Fronte capillata," &c. (Vol. iii., pp. 8. 43.).— The couplet is much older than G. A. S. seems to think. The author is Dionysius Cato,-"Catoun," as Chaucer calls him-in his book, Distichorum de Moribus, lib. ii. D. xxvi. :

"Rem tibi quam nosces aptam, dimittere noli: Fronte capillata, post est Occasio calva."

Corp. Poet. Lat., Frankfurt, 1832, p. 1195. The history of this Dionysius Cato is unknown; and it has been hotly disputed whether he were a Heathen or Christian; but he is at least as old as the fourth century of the Christian era, being mentioned by Vindicianus, chief physician in ordinary to the emperor, in a letter to Valentinian I., A. D. 365. In the illustrations of The Baptistery, Parker, Oxford, 1842, which are re-engraved from the originals in the Via Vita Eternaæ, designed by

Boetius a Bolswert, the figure of "Occasion" 18 always drawn with the hair hanging loose in front, according to the distich. E. A. D. Time when Herodotus wrote (Vol ii., p. 405.; Vol. iii., p.30.).—The passage in Herodotus (i. 5.) is certainly curious, and had escaped my notice, until pointed out by your correspondent. I am unable at present to refer to Smith's Dictionary of Greek and Roman Biography and Mythology; but I doubt whether the reading of the poem or title, in Aristotle's Rhetoric (11.9. § 1.), has received much attention. In my forthcoming translation of the "Pseudo-Herodotean Life of Homer" prefixed to the Odysseia (Bohn's Classical Library), note 1., I have thus given it: :

Now Aristotle makes no remark on the passage as being unusual, and it therefore inclines me to think that, at the time of that philosopher and critic, both editions were in use.

The date of the building of Thurium is B. C. 444, and Herodotus was there at its foundation, being then about forty years of age. Most likely he had published a smaller edition of this book before that time, bearing the original date from Halicarnassus, which he revised, enlarged, cor rected, and partly re-wrote at Thurium. I think this would not be difficult to prove; and I woul add that this retouching would be found more apparent at the beginning of the volume than elsewhere. This may be easily accounted for by the feeling that modern as well as ancient authors have, viz., that of laziness and inertness; revising the first 100 pages carefully, but decreasing from that point. But to return: Later editors, I con ceive, erased the word Thurium used by Herodo tus, who was piqued and vexed at his native city, and substituted, or restored, Halicarnassus; not, however, changing the text.

A learned friend of mine wished for the bibliographical history of the classics. I told him then, as I tell the readers of the "NOTES AND QUERIES" now, "Search for that history in the pages of the classics themselves; extend to them the critical spirit that is applied to our own Chaucer, Shak speare, and Milton, and your trouble will not in vain. The history of any book (that is the general history of the gradual development of its ideas) is written in its own pages." In truth, the prose classics deserve as much attention as the poems of Homer.

January 20. 1851.

be

Kenneth R. H. MACKENZIE,

in

asks for an explanation of certain entries in the Herstmonceux Castle (Vol. ii., p. 477.). —E. V. Fine Rolls, A.D. 1199 and 1205, which I can, part, supply. The first is a fine for having seisin suitors, William de Warburton and Ingelram de of the lands of the deceased mother of the two

Monceaux.

As they claim as joint-heirs or par ceners, the land must have been subject to

parti

was not then

bility, and therefore of socage tenure. If the land was not in Kent, the entry is a proof that the exclusive right of primogeniture universally established, as we know it was not the reign of Henry II. See Glanville, lib. vii cap. 3.

of Herodotus of Thurium," &c.

name,

such

-or he is a descendant and heir of Ingelram,

claiming the share of his ancestor. I incline to adopt the former explanation of the two here suggested. The form of writ is in the Register of Writs, and corresponds exactly with the abridged note of it in the Fine Roll. The "esnecia," mentioned in the last entry (not extracted by E. V.), is the majorat or senior heir's perquisite of the capital mansion. E. V. will pardon me for saying, that his translation of the passages is a little deficient in exactness. As to E. V.'s query 4., does he think it worth while to go further in search of a reason for calling the bedroom floor of Herstmonceux Castle by the name of Bethlem, when the early spelling and common and constant pronunciation of the word supply so plausible an explanation? I myself knew, in my earliest days, a house where that department was constantly so nicknamed. But there certainly may be a more recondite origin of the name; and something may depend on the date at which he finds it first apE. SMIRKE. plied.

Camden and Curwen Families (Vol. iii, p. 89.)., -Camden's mother was Elizabeth, daughter of Gyles Curwen, of Poulton Hall, in the county of Lancaster. In the "visitation" of Lancashire made in 1613, it is stated that this Gyles Curwen was "descended from Curwen of Workenton in co. Cumberland ;" but the descent is not given, and I presume it rests merely on tradition.

LLEWELLYN. Joan Sanderson, or the Cushion Dance (Vol. ii., p. 517.). Your correspondent MAC asks for the correct date" of the Cushion Dance. Searching out the history and origin of an old custom or ballad is like endeavouring to ascertain the source and flight of December's snow. I am afraid MAC will not obtain what he now wishes for.

The earliest mention, that I have noticed, of this popular old dance occurs in Heywood's play, A Woman kill'd with Kindness, 1600. Nicholas, one of the characters, says:

:

"I have, ere now, deserved a cushion call for the Cushion Dance."

The musical notes are preserved in The English Dancing Master, 1686; in The Harmonicon, a musical journal; in Davies Gilbert's Christmas Carols (2nd edition); and in Chappell's National English Melodies. In the first-named work it is called "Joan Sanderson, or the Cushion Dance, an old Round Dance."

In a curious collection of old songs and tunes, Neder-Landtsche Gedenck-clank door Adrianum Valerium, printed at Haerlem in 1626, is preserved a tune called "Sweet Margaret," which, upon examination, proves to be the same as the Cushion Dance. This favourite dance was well known in Holland in the early part of the seventeenth century, and an interesting engraving of it may be

seen in the Emblems of John de Brunnes, printed at Amsterdam in 1624.

The last-named work (a copy of the edition of 1661 of which is now before me) is exceedingly curious to the lovers of our popular sports and pastimes. The engravings are by William Pass, C. Blon, &c., and among them are representations of Kiss in the Ring, the game of Forfeits, rolling Snow-balls, the Interior of a Barber's Shop, with eitherns and lutes hanging against the wall, for the use of the customers, &c. EDWARD F. RIMBAULT.

North Sides of Churchyards (Vol. ii., p. 93.). — In an appendix to our registers I find the following entry, where I conceive the backside means the northside. Though now the whole of our churchyard is so full that we have much difficulty in finding any new ground, what we do find, however, is on the north side.

"1750, Oct. 23. One Mary Davies, of Pentrobin, single woman, though excommunicated with the Greater Excommunication, was on this day, within night,

on

account of some particular circumstances alleged by neighbours of credit in her favour (as to her resolving to come and reconcile herself, and do penance if she recovered), indulged by being interred on the backside the church, but no service or tolling allowed."

From this I conclude that here at least there was no part of the churchyard left unconsecrated for the burial of persons excommunicate, as one of your correspondents suggests; or burial in such place would have been no indulgence, as evidently it was regarded in this case. It would be interesting to ascertain from accredited instances how late this power of excommunication has been exercised, and thereby how long it has really been in abeyance. I expect the period would not be found so great as is generally imagined.

WALDEGRAVE Brewster.

Antiquitas Sæculi Juventus Mundi (Vol. ii., p. 466.). - Dugald Stewart, in his Dissertation prefixed to the Encyclopædia Britannica, ed. 7., p. 30., points out two passages of writers anterior to Lord Bacon, in which this thought occurs. The first is in his namesake, Roger Bacon, who died in

1292:

gether false and puerile. Neither were they giants, nor are we dwarfs, but all of us men of the same standard; and we, the taller of the two, by adding their height to our own. Provided always that we do not yield to them in study, attention, vigilance, and love of truth; for if these qualities be wanting, so far from mounting on the giant's shoulders, we throw away the advantages of our own just stature, by remaining prostrate on the ground."

Ludovicus Vives, the eminent Spanish writer, died in 1540, and therefore preceded the active period of Lord Bacon's mind by about half a century.

Mr. Stewart likewise cites the following sentences of Seneca, which, however, can hardly be said to contain the germ of this thought:

"Veniet tempus quo ista quæ nunc latent, in lucem dies extrahet, et longioris ævi diligentia.... Veniet

tempus, quo posteri nostri tam aperta nos nescisse mi

rabuntur."

-

Quæst. Nat. vii. 25.

L.

Umbrella (Vol. i., p. 414.; Vol. ii., pp. 25. 93. 126. 346. 491. 523.; Vol. iii., p. 37.).—Although I conceive that ample proof has been given in your columns that umbrellas were generally known at an earlier period than had been commonly supposed, yet the following additional facts may not perhaps be unacceptable to your readers.

In Bailey's Dictionary, vol. i. (8th edit. 1737), are these articles :

"PARASOL, a sort of small canopy or umbrella, to keep off the rain."

"UMBELLA, a little shadow; an umbrella, bon-grace, skreen-fan, &c., which women bear in their hands to shade them."

"UMBELLIFOROUus Plants [among botanists]. Plants which have round tufts, or small stalks standing upon greater; or have their tops branched and spread like a lady's umbrella."

"UMBRELLO [Ombrelle, F.; Ombrella, Ital. of Um bella, or Umbrecula, L.], a sort of skreen that is held over the head for preserving from the sun or rain; also a wooden frame covered with cloth or stuff, to keep off

the sun from a window."

In Bailey's Dictionary, vol. ii. (3rd edit. 1737), is the following:

"UMBELLATED [ Umbellatus, L.]; bossed. In botan. writ. is said of flowers when many of them grow together, disposed somewhat like an umbrella. The make is a sort of broad, roundish surface of the whole, &c. &c."

Horace Walpole (Memoirs of the Reign of George II., vol. iii. p. 153.), narrating the punishment of Dr. Shebbeare for a libel, 5th December, 1758, says,

"The man stood in the pillory, having a footman holding an umbrella to keep off the rain."

In Burrow's Reports (vol. ii. p. 792.) is an account of the proceedings in the Court of King's Bench against Arthur Beardmore, under-sheriff of

Miscellaneous.

NOTES ON BOOKS, SALES, CATALOGUES, ETC.

Thoughts take up no room," saith Jeremy Collier, in a curious passage which Mr. Elmes has adopted as the motto of a pretty little volume, which he has just put forth under the following characteristic title: Hora Vacire, a Thought-book of the Wise Spirits of all Ages and all Countries, fit for all Men and all Hours. The work appears to have furnished a source of occu pation to its editor when partially recovering from & deprivation of sight. It is well described by him as a "Spicilegium of golden thoughts of wise spirits, who, though dead, yet speak;" and being printed in Whittingham's quaintest style, and suitably bound, this Thought-book is as externally tempting as it is intriasically valuable.

The Calendar of the Anglican Church Illustrated, with Brief Accounts of the Saints who have Churches dedicated is their Names, or whose Images are most frequently met with in England; the Early Christian and Medieval Symbols; its title-page. The editor very properly explains that and an Index of Emblems, is sufficiently described in the work is of an archæological, not of a theological cha racter and as such it is certainly one which English archæologists and ecclesiologists have long wanted The editor, while judiciously availing himself of the labours of Alt, Radowitz, Didron, and other foreign writers, has not spared his own, having, with the view to one portion of it, compiled a list of all the churches in England, with the saints after whom they were named. This is sufficient to show that the work is one of research, and consequently of value; that value being materially increased by the numerous woodcuts admirably engraved by Mr. O. Jewitt, with which it is illustrated.

Books Received. Helena, The Physician's Orphan. The third number of Mrs. Clarke's interesting series of tales, entitled, The Girlhood of Shakspeare's Heroines.

Every-day Wonders, or Facts in Physiology which all should know a very successful endeavour to present a few of the truths of that science which treats of the structure of the human body, and of the adaptation of the external world to it in such a form as that they be readily apprehended. Great pains have been taken that the information imparted should be accurate; and it is made more intelligible by means of some admirable woodcuts.

Catalogues Received. -John Miller's (43. Chandos Street) No. 18. of Catalogues of Books Old and New; J. Russell Smith's (4. Old Compton Street) Catalogue Part II. of an Extensive Collection of Choice, Useful, and Curious Books.

A. C. P. The explanation furnished is one about which there can be no doubt, but for obvious reasons we do not insert it.

K. R. H. M. We cannot promise until we see the article ; but, if brief, we shall have every disposition to insert it.

C. H. P. Surely there is no doubt that Lord Howard of Effingham, who commanded the Armada, was a Protestant.

VOLUME THE SECOND OF NOTES AND QUERIES, with very copious INDEX, is now ready, price 98. 6d. strongly bound in cloth. VOL. I. is reprinted, and may also be had at the same price.

NOTES AND QUERIES may be procured, by order, of all Booksellers and Newsvenders. It is published at noon on Friday, so that our country Subscribers ought not to experience any difficulty in procuring it regularly. Many of the country Booksellers, &c., are, probably, not yet aware of this arrangement, which will enable them to receive NOTES AND QUERIES in their Saturday parcels.

All communications for the Editor of NOTES AND QUERIES should be addressed to the care of MR. BELL, No. 186. Fleet Street. Erratum.-No. 65. p. 67. col. 2. 1. 12., for "melt " read "meet."

Notices to Correspondents.

We have many articles in type which we are compelled, by want of space, to postpone until next week, when the publication of our double number will enable us to insert many interesting communications which are only waiting for room.

REPLIES RECEIVED. St. Pancras - Daresbury Plafery Touching for the Evil - Munchausen- Cold Harbour Landwade Church - Bacon and Fagan -Soul's Dark Cottage - Fine by Degrees-Simon Bache— Away let nought - Mythology of the Stars - Adur - Burying in Church Walls Sir Cloudesley Shovel-Lynch Law - Cardinal's Monument - Inns of Court — True Blue Averia ― Dragons - Brandon the Juggler - Words are Men's Daughters - Sonnet by Milton- Dryden's Essay upon Satire Ring Dials-Sir Hilary- Arthur Massinger – Cran mer's Descendants - Post Conquestum - Prince of Wales' Feathers-Verbum Græcum- Visions of Hell-Musical Plagiarism - Lady Bingham-Cockade -Saint Paul's Clock-By and by Aristophanes on the Modern Stage.

LITURGICUS, who writes on the subject of the letters M. and N. in the Catechism and Marriage Service, is referred to our First Volume, pp. 415. and 468.

F. M. B. Hicks' Hall was so called from its builder, Sir Baptist Hicks, afterwards Viscount Camden; and the name of the Old Bailey, says Stow," is likely to have arisen of some Count of old time there kept."-See Cunningham's Handbook of London. K. R. H. M. received.

E. T. (Liverpool). We propose to issue a volume similar to our first and second, at the termination of every half-year. E. S. T. T. For origin of

"Tempora mutantur," &c.,

see our First Volume, pp. 234. 419.

GEORGE PETIT. The book called Elegantiæ Latinæ, published under the name of the learned Joh. Meursius, was written by Chorier of Grenoble. Meursius had no share in it.

H. A. R. Much information concerning the general and social condition of Lunatics before 1828, will be found in Reports of Committees of House of Commons of 1815, 1816, and 1827, and of the House of Lords of 1828.

MR. T. RICHARDS (late of St. Martin's

Lane), PRINTER, and Agent to the PERCY and HAKLUVT SOCIETIES, has removed to 37. Great Queen Street, Lincoln'sInn. Fields, where he respectfully requests all Letters may be addressed to him.

WHERE shall we go this morning? Such is

W

usually the query over the breakfast table with visitors to London. Let us answer the question. If you can admire the most beautiful specimens of PAPIER MACHE MANUFACTURE which are produced in this country, displayed in the most attractive forms-if you want a handsome or useful dressingcase, work-box, or writing-desk, if you need any requisite for the work-table or toilet, or if you desire to see one of the most elegant emporiums in London then you will go to MECHI'S, 4. Leadenhall-street, near the India-house, in whose show-rooms you may lounge away an hour very pleasantly.

EDITIONS.

THE CALENDAR OF THE ANGLICAN CHURCH ILLUSTRATED. With brief Accounts of the Saints who have Churches dedicated in their Names, or whose Images are most frequently met with in England; the early Christian and Medieval Symbols; and an Index of Emblems. With numerous Woodcuts. Feap. 8vo. 10s. 6d.

"It is perhaps hardly necessary to observe that this work is of an archæological, not of a theological character; the Editor has not considered it his business to examine into the truth or falsehood of the legends of which he narrates the substance; he gives them merely as legends, and in general so much of them only as is necessary to explain why particular emblems were used with a particular saint, or why Churches in a given locality are named after this or that saint."- Preface.

THE FAMILY ALMANACK and EDUCATIONAL REGISTER for the YEAR of OUR LORD 1851. Containing, in addition to the usual Contents of an Almanack, a List of the Foundation and Grammar Schools in England and Wales; together with an Account of the Scholarships and Exhibitions attached to them. Post 8vo. 4s.

THE PAPAL SUPREMACY, its RISE and PROGRESS, traced in Three Lectures. By the Rev. R. HUSSEY, B.D., Regius Professor of Ecclesiastical History. Fcap. 8vo. 5s.

THE OXFORD UNIVERSITY CALENDAR

for 1851. 12mo. 6s.

THE HISTORY of the PELOPONNESIAN

WAR, by THUCYDIDES The Text of ARNOLD, with his Argument. The Indexes now first adapted to his Sections, and the Greek Index greatly enlarged. By the Rev. G. R. P. TIDDEMAN, M.A., of Magdalen Hall, Oxford. In 1 thick vol. 8vo. 12s.

A COLLECTION of ANTHEMS used in the Cathedral and Collegiate Churches of England and Wales. By WILLIAM MARSHALL, Mus. Doc., late Organist of Christ Church Cathedral, and of St. John's College, Oxford. Second Edition. 12mo. 3s.

MENT of WINDOW TRACERY in ENGLAND, with numerous Illustrations. By EDWARD A. FREEMAN, M.A., late Fellow of Trinity College, Oxford; Author of the "History of Architecture." 8vo. price 21s. in cloth.

DR. PUSEY'S DEFENCE of HIS OWN PRINCIPLES. A Letter to the Right Hon. and Right Rev. the Lord Bishop of London, in explanation of some Statements contained in a Letter by the Rev. W. Dodsworth. (Second Edition in the Press.)

A GLOSSARY of TERMS USED in GRE

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THE HISTORY of POPISH TRANSUBSTANTIATION. By JOHN COSIN, DD., Lord Bishop Durham. A New Edition, revised, with the Authorit printed in full length, to which is added a Memoir of the Author by the Rev. J. BREWER, M.A., of Queen's College Oxford, and Classical Tutor in King's College, London Fcap. 8vo. 58.

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