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Though there is no objection to sewing on a Sunday, yet it is very wicked to do so on Christmas Eve, when the day ought to be spent in burning candles to the three kings-this it is "holy" to do. I may add that the girl is a Lutheran, and the root of this idea stretches far beyond pre-Reformation times, down to the eldest of all idolatries, that worship of the sun-god which was pre-eminently rife in Scandinavia.

If I "6 come across any further oddities of this kind I will report them if they seem worth it. HERMENTRUDE. [Thorpe's Northern Mythology should be consulted.] MUMPING DAY.-St. Thomas's Day is known by this name in Lincolnshire, and the old widows are said to " go a-mumping" on that day. I think that I heard the same term in Herefordshire years ago, though the ordinary phrase in that part of the country was "going a-gooding." Numbers of poor women duly observed the rites of Mumping Day" on Dec. 21, 1881, in the county of Lincoln. CUTHBERT BEDE.

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Guided by them came insp ́ration, it was then

If to set forth joy, grief, love, hate, virtue, or crime-
Shown by thy hand in forms and features which express
More than we know or feel. For, like the eagle's ken,
Thy mind reach'd farther than ours; and thy works
impress
With awe that makes the little that we know seem less.
RALPH N. James.

"FOOLS' PARADISE."-A writer in the Athenæum, Dec. 24, p. 846, seems to think that John Day is the first English writer who used these words. This is not correct; there are several earlier instances. N. Udall's translation of the Apophthegmes of Erasmus, 1542, contains at least two; see pp. 202 and 342 of the reprint, 1877. See also his Paraphrase upon Luke (1548) :—

"For oft tymes we be afeard to belieue the thyng whiche we do rather then our liues, wishe to be true, as men fearyng leste we should cast our selfes into some fooles paradise, or false ioye, wherof to be anon after depriued again."-F. 193.

Boston, Lincolnshire.

R. R.

A MISPRINT. "N. & Q." has from time to time chronicled strange misprints. The following cutting should certainly be added to the number "Bridal of Triermain, or the Veal of St. John, in 3 Cantos, 12mo. half bound, 18., 1813." The word italicized should, of course, be Vale. I have culled

this beautiful error from a second-hand book catalogue which reached me very recently. I am too merciful at this happy season to mention the name of the gentleman who has issued it. If he should have detected it, I am sure he will have been as much amused as I was when I came upon it. ANON. "PINCUSHION INN."-This title is not given in It is the name of The History of Signboards. an inn at Wyberton, near Boston, Lincolnshire. CUTHBERT BEDE.

A PROVERB. In Mercurius Melancholicus, under the date Sept., 1647, alluding to the trained bands and auxiliaries, is the following: "As wise as Waltham's calf, that went nine miles to suck a bull and came athirst." EDWARD HAILSTONE.

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CHRISTMAS DAY ON A SUNDAY.-If we give credence to the proverbs of particular days, we this look out for squalls :year "If Christmas day on a Sunday fall, A troublous winter we shall have all." WILLIAM PLATT.

Callis Court, St. Peter's, Isle of Thanet.

A.D. 1881.-Do let us put on record in "N. & Q," which, I hold as an article of faith, is to survive all other printed matter, the following letter, addressed by E. S. D. to the Spectator of Dec. 31, 1881 :

"Is it worthy to be recorded in the last number of the Spectator for the year 1881 that this year is notable for the largest census ever taken in the British Islands, the largest Volunteer review ever held in the British Islands, the hottest day and the coldest ever scientifically recorded in England, the greatest number of comets ever seen in the same year in England, the highest high jump, the quickest quarter-mile run, and the largest score at cricket ever made by one batsman in one innings; the quickest sea-passage on record between England and Australia, and between England and North America?"

The editor adds, "It was also remarkable for the largest amount of 'bore' ever suffered by a civilized community," and aptly observes that his correspondent "evidently touches life at a good many distinct points." W. E. B.

Queries.

We must request correspondents desiring information on family matters of only private interest, to affix their names and addresses to their queries, in order that the answers may be addressed to them direct.

COURTESY TITLES.-The eldest son of a peer above the rank of a viscount and enjoying more than one dignity is commonly known by courtesy under his father's second title. But what authority is there for an earl's eldest son assuming the title of a lord in conjunction with his family name, or being known, in fact, by courtesy under a title non

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existent, or in abeyance, or no longer belonging to the father?

To cite cases in point. The eldest son of the Earl of Lindsey is styled Lord Bertie, although the earldom is the sole title. The son and heir of

the Earl of Devon, who is without a second title, since the Barony of Courtenay, if not still under attainder, would now be in abeyance, is styled Lord (not Viscount) Courtenay. The eldest son of the Earl of Huntingdon is known as Lord Hastings, although the earl has no second title, and the Barony of Hastings-that of 1461-is possessed by the Earl of Loudoun, while there is furthermore a second true Lord Hastings, actually known under this title, the holder of the honour created temp. Edward I. The Earl of Guilford's eldest son is known as Lord North, although the Barony of North, which fell into abeyance on the death of the third earl, who was also ninth Lord North, is now vested in the Baroness North, and the earl's only second title is that of Baron Guilford. On this fact, under the announcement of the third earl's death, in the Annual Register for 1802 (p. 504), I find the following comment :

"If the present lord should marry and have a son, he would, by the courtesy of England, take the second title, which would be that of Guildford; a strange coincidence in the annals of heraldry, as in that case both father and son would bear the title of Guildford."

If there must be two Richmonds in the field, in the last-named case, perhaps, less confusion would ensue between a Lady North and a (by courtesy) Lord North than between two Lords Guilford. But again I ask, is the rule in regard to courtesy titles elastic enough to cover and justify such instances as those just quoted, and, if so, what precedent can be shown for it?

New Univ. Club.

H. W.

FAMILY OF DARCY.-I want information about Henry Darcy, who lived in the time of King John. So far as I can make out, he was either brother or first cousin to Thomas, great-grandson to Norman Darcy, who came to England with the Conqueror. It is recorded of Henry that he died without children, and his property was divided amongst sex pauperes sorores suas." I cannot, however, find any record either of his birth or death. I have by me a copy of a charter of Philip Darcy, bearing date 7 Edw. II., which Philip must have been (judging from the charter) some relation to the above Henry, but what I cannot say. I should be thankful for information not only about Henry, but the early history generally of the Darcy family.

Walcot, Brigg.

J. GOULTON CONSTABLE.

"YMPE TREE." What was meant by this term in the romance of Sir Orpheo in Ritson's Metrical Romances, 11. 67, 163, 377? Ympe usually means a graft, but in the passages cited it must have been

intended to specify some tree more distinctly. Is it a mistaken rendering of Ital. ginepro or Span. enebro, a juniper ? R. C. A. PRIOR.

HERALDRY: DIFFERENCING ARMS.-Geoffry, a second son, who died in 1478, charged his family coat of arms with the crescent for difference. There was no second son of any of his descendants who left male descendants any of whom are still in existence until a descendant, dying in 1712, left an elder son James and a second son John, lineal male descents from both of whom have continued to this day. How should the lineal male descendants of James and John respectively difference the family arms? Am I right in assuming that the descendants of James, the elder son, should continue to bear the crescent for difference, whilst the descendants of John, the second son, should charge a second crescent on the first? The son of John had also a second son Charles, whose descent, again, has continued in the male line. How should his descendants difference the arms-by charging a third crescent on the second? Ought these differences, if adopted, to be recorded in the J. H. J. College of Arms?

"DANOTHY HALL."-Not far from Thirsk, in Yorkshire, stands a house marked on the Ordnance map as "Danothy Hall." Near this place I was located for eighteen months. It is an old, red-brick, roomy house, with double walls, now occupied by a farmer. A ghastly story was told me, in various versions, as to the origin of the name; the chief point being that there formerly lived here one Busby, whose servant, Dan. Otty (or Auty), was a coiner. Busby, discovering this, murdered him and appropriated the money. He in turn was found out by a maidservant, whom he treated in the same way as he had previously served Dan. Otty; but everything coming to light, the aforesaid Busby died suddenly of asphyxia, in the presence of some avengers of the majesty of the law, at cross roads on the way to Topcliffe station. The place, a favourite meet for the hounds, is known now as "Busby Stoop." Can any one tell me where I can read a true account in print? I can find no trace of the execution of Busby in any criminal records. FRED. W. Joy, M.A.

Cathedral Library, Ely.

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EARLY DATED BOOK-PLATE.-I have a bookplate with the inscription, "William Vndrill his Booke: 1633," surrounded by a border. I am told this is the earliest English dated book-plate known, and I shall be very glad to know if this is really the case. F. R. ELLIS, M.A. Wenlock Vicarage.

"WONDER."--Was wonder used as an adverb by English writers in the sixteenth century as wunder is in modern German? I believe Leland so uses it. E. S. DODGSON.

Pitney House, Yeovil.

ROBERT LETTICE HOOPER, LORD CHIEF JUSTICE OF THE PROVINCE OF NEW YORK.-Is anything known of his personal history? He died (where?) in 1739. To what branch of the Hooper family did he belong? R. P. H.

PUNISHMENT FOR HIGH TREASON TEMP. OLIVER CROMWELL.-It is said, and I believe truly, that during the time that Oliver Cromwell was supreme ruler of these nations the horrible high treason punishment was never put in force, but that culprits were hanged or beheaded without torture. Is there positive evidence of this?

ANON.

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THE GAME OF "PLATEPERE."-In Hilary Term, 7 Edw. I., a boy of ten years of age, William son of Peter the mason, playing with Robert son of William Russel, in the town of Newcastle-onTyne, at this game, in throwing his stone at the mark hit William Russel (the father) on the head and killed him. What sort of game was this? A boy of ten could not throw a very large stone, one would think. People seem to have been very easily killed in those days, perhaps from being insufficiently fed. Many instances could be given from the Assize Rolls, from which the above record is

taken.

J. BAIN.

THE ROUFFIGNAC FAMILY.-Can any one tell me about the Rouffignac family of Languedoc? They were, I believe, Huguenots, and a section of them, after the revocation of the Edict of Nantes, fled to England, when some of them ultimately settled in Cornwall. At the same time, it seems, a portion of the family of the Kings of Yvetot fled to England, some of them also going to Geneva, I believe. The Vautier family, I understand, claim to be descendants of these titular kings. Also, can any one tell me of an English verse translation of Béranger's famous song "Le Roi d'Yvetot." W. S. L. S.

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"WAS CRUCIFIED, DEAD, AND BURIED."-Can another example be given of a similar use of the words was dead in the sense of "expired"? It can hardly be an adjective" was a dead man," as this would be far too equivocal for an article of faith; nor can it be "being dead," as this would require the transposition of the conjunction, thus: 66 was crucified, and being dead was buried." Similarly it cannot mean, till he was dead," as this would need the use of the adverb then in the last clause, "He was crucified till he was dead, and then he was buried." It must mean, "He was crucified, [actually] died, and was buried," so that the adjective dead is used as a verb-" deaded," was "made dead,"-" He was crucified, was deprived of life, and was buried." Your readers, no doubt, know that the word dead does not stand in the early forms of the creed, nor in the Oriental form. It is an innovation, and, as it appears to me, is a most objectionable way of stating an important fact. E. COBHAM Brewer.

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book dated 1553, in my library, is a book-plate of BIRNIE OF BROOMHILL.-On the title-page of a the above family, viz., Gu., a fesse arg. between three men's legs couped at the thighs in fesse palea bow and arrow in full draught in chief, and ways of the second; crest, a lion's head erased gu.; motto, "Sapere aude incipe," and supported by two priests. "Burden sculp." Underneath is the hand. Can any collector give me about the date autograph of R. Birnie, in a sixteenth century of the book-plate? I could send the title-page for inspection, with other autographs of the family thereon, as it is quite loose.

Bishopwearmouth.

EDWARD J. TAYLOR.

FONTS OF THE RESTORATION PERIOD.-How is it that so many country church fonts bear dates of the early period of Charles II.'s reign? We meet with accounts of the old font stone being sold and replaced by a new one. Were the former ones damaged in the turmoil of the Civil Wars or during the Cromwellian régime, or were they afterwards considered desecrated on account of having been used by unordained ministers, and thereby unfitted for sacred uses? CURIOSITY.

OLIVER CROMWELL'S MOTHER.-Is there in existence an original portrait of her? G. W.

CHARTERHOUSE SCHOOL.-It has been the custom here for at least 160 years to have a dinner of old Carthusians on Founder's Day, Dec. 12. We have a record of these festivities, sometimes in great detail. In 1727, amongst other things, it is stated that 130 flasks of claret were consumed, and that they cost 3s. 9d. each. I want to discover what the size of these flasks was. John Wesley was one of the stewards that year. They drank also five dozen of red port and white, at 1s. 6d, and two gallons of arrack. CARTHUSIAN.

CHRISTMAS CARDS.-As the custom of sending Christmas cards has become so universal, would it not be well to place on record in "N. & Q." the date of its commencement? Has the custom obtained more than half a century?

CAROLINE FISHWICK.

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It will appear, I think, on reference to the text of the statutes, that some of your correspondents have drawn large inferences from inadequate premises. I will briefly state the effect of the enactments, so far as they illustrate the licence to Richard Cartwright and its confirmation by royal letters patent, as well as the extracts from episcopal act-books and parish registers.

The statute 25 Henry VIII, c. 21, entitled "The Act concerning Peter-pence and Dispensations," provides as follows:

"Section 3. Neither the king nor any of his subjects shall sue to the Bishop of Rome for licences, &c.

"Ibid. The Archbishop of Canterbury shall have power to grant to the king all such licences, &c., as have been accustomed to be obtained at the see of Rome, and all other licences, &c., necessary for the honour of the king and the wealth of the realm.

"Section 4. The archbishop shall have power to grant to the king's subjects all manner licences, &c., for any cause whereof such licences, &c., have been accustomed to be had at the see of Rome, or by the authority thereof, or of any prelate of this realm.

"Section 6. No licence, &c., under this Act being of such importance that the tax of the expedition thereof at Rome extended to four pounds or above, shall be put in execution till confirmed by the king under the Great Seal and enrolled in Chancery; this act being sufficient warrant to the chancellor to confirm, by letters patent, in the king's name, the aforesaid writings under the archbishop's seal; and licences for which the tax at bishop's seal, and shall not of necessity be confirmed by Rome was under four pounds shall pass by the archthe Great Seal, unless desired by the procurers.

"Section 15. This Act shall not be prejudicial to the Archbishop of York, or to any bishop or prelate of the realm; but they may lawfully dispense in all cases in which they were wont to dispense by the common law or custom of the realm afore the Act." This Act of Henry VIII. is still in force, and, e. g., 66 special licences to marry at any convenient time or place" are granted under its authority, which is recognized in section 20 of the Marriage Act, 4 Geo. IV., c. 76.

The statute 5 Eliz., c. 5, entitled "An Act touching Politick Constitutions for the Maintenance of the Navy," provides as follows:

"Section 15. (For the benefit and commodity of this realm to grow as well in maintenance of the navy as in sparing and increase of flesh victual of this realm) from Pentecost next it shall not be lawful to eat any flesh upon any days now usually observed as fish-days, or upon any Wednesday now newly limited to be observed as fish-day, on pain of forfeiture of three pounds for every offence, or three months' close imprisonment.

"Section 17. The prohibition is not to extend to any in the licence, and granted according to the laws of the person having special licence, upon causes contained realm.

"Section 18. The licence is to be void unless it contain a condition for payment to the poor men's box of the parish as follows: in the case of a lord of parliament or his wife, 26s. 8d.; of a knight or a knight's wife, 13s. 4d.; and of a person under that degree, 6s. Ed. yearly.

"Section 19. No licence is to extend to the eating of beef at any time of the year, or to the eating of veal from Michaelmas to 1st May.

"Section 20. Persons enforced, by reason of notorious sickness, for recovery of their health, to eat flesh shall be sufficiently licensed by the bishop of the diocese, or by the parson, vicar, or curate of the parish, &c.; the licence not to endure longer than the time of the sickthe licence granted, then the licence to be registered in and if the sickness continue above eight days after the church-book.

ness;

"Section 23. Such persons as heretofore were or ought to be licensed, by reason of age or other cause, by order of the ecclesiastical laws, shall enjoy the same privilege and accustomed licences, anything in this Act notwithstanding.

"Sections 39, 40. And because no manner of person shall misjudge of the intent of this estatute, limiting

orders to eat fish and to forbear eating of flesh, but that the same is purposely intended and meant politickly for the increase of fishermen and mariners, and repairing of port-towns and navigation, and not for any superstition to be maintained in the choice of meats: Be it enacted, that whosoever shall by preaching, teaching, writing, or open speech notify that any eating of fish or forbearing of flesh mentioned in this statute is of any necessity for the saving of the soul of man, or that it is the service of God otherwise than as other politick laws are and be, that then such persons shall be punished as spreaders of false news are and ought to be."

The Act was to continue for ten years, and these provisions were further continued from time to time, the last continuance Act being that of 16 Charles I. c. 4; and they were not removed from the statute book until repealed by the Statute Law Revision Act, 1863. It is probable that the licence to Richard Cartwright, as it was to have effect for a whole lifetime and to extend to guests, was one which would have cost at Rome more than four pounds, and therefore, according to the statute of Henry, required confirmation under the Great Seal; or it may be that, the point being doubtful, it was deemed prudent to have the confirmation.

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It is obvious that the memoranda cited from episcopal act-books and parish registers have no reference to any exercise of ecclesiastical "discipline," or to any superstition in the choice of meats," as if it were "of any necessity for the saving of the soul of man," or as if it were "the service of God"; but that they are merely records of licences granted under the authority of the law of the land, by which priests as well as laity were bound. It is further apparent that where confirmation was necessary under the Act of Henry VIII., it was not the king's "personal ratification and approval" that were to be obtained, but merely the perfunctory sealing by the chancellor in the king's name, under section 6. R. R. DEES.

Wallsend.

shot him and he fell between the two ships and was no
more seen. The principal signalman, whose name was
White, and captain of one of the guns on the poop, had
his right great toe nearly severed from his foot. He
deliberately took his knife and cut it away. He was
desired to go below to the doctor. No, sir,' was his
reply; I am not the fellow to go below for such a
scratch as that; I wish to give the beggars,' meaning the
enemy, a few more hard pills before I have done with
them.' Saying this he bound his foot up in his neck-
handkerchief and served out double allowance, until his
carronade was dismounted by the carriage of it being
where he amused himself at the Frenchman's expense
shattered to pieces; he then hopped to another gun,
until the action ceased. We had fought on nearly empty
stomachs. At the time we began the action it was
dinner time, i. e., twelve o'clock; a small proportion of
cheese had been given out and half allowance of grog.
During the latter part of the action the captain, who
was lying on a cot in the purser's cabin, sent for me. On
entering the cockpit I found fourteen mon waiting am-
putation of either an arm or a leg. A marine, who had
sailed with me in a former ship, was standing up as I
'What's the
passed, with his left arm hanging down.
matter, Conelly?' said I to him. Not much, sir,' replied
he; 'I am only winged above my elbow, and I am wait-
ing my turn to be lopped.' His arm was dreadfully
shattered by a grape-shot. I regret to mention that out
of sixteen amputations only two survived. This was in
consequence of the motion of the ship during the gale.
Their stumps broke out afresh, and it was impossible to
stop the hæmorrhage. One of them, whose name was
Smith, after his leg was taken off, heard the cheering on
deck in consequence of another of the enemy striking
her colours, and cheered also. The exertion he made
burst the vessels, and before they could be again taken
up he died."

The whole account is very interesting. The writer
remarks that the disposition of the fleet before the
action was soon made, and was as simple as possi-
ble, so that there could be no mistake.

"A cordon of frigates were ordered to repeat signals to us from the one nearest the shore, whilst we kept nearly out of sight of the land; and all our ships' sides were ordered to be painted yellow with black streaks, and the masts yellow."

He observes on their arrival at Spithead :

"Some of the fleet had, we thought, made rather a that good wine needed no bush,' our shot holes, of which show of their shot holes; but our commander declared we had a good share, were painted over, and not perceptible at any distance." VEBNA.

MEMORIES OF THE BATTLE OF TRAFALGAR (6th S. iv. 503). The Christmas number of "N. & Q." contains an interesting account of the experience of the surgeon of the Tonnant during the battle. The following extract, from an account written by one of the lieutenants of that ship, may-1. "The elephant" refers to Uncle Toby's map STERNE'S "TRISTRAM SHANDY " (6th S. iv. 369). be acceptable by way of supplement to it, espe- of the siege of Namur, the title of which was precially as showing the courage of the gallant fellows on whom it was the duty of the surgeon to operate: sumably engraved on a cartouch, as was common in old maps, among the ornaments of which an elephant was introduced. Near this, on the margin or vacant space, certain historical or statistical documents seem to have been engraved. Speed's maps will supply several illustrations of this practice, e.g., Rutlandshire has two peacocks introduced; Nottinghamshire, two peacocks with cupids shooting at them with crossbows; Devonshire, two herons; Huntingdonshire, a hunter and a falconer;

"We had hoisted our colours before the action in four

different places, at the ensign staff, peak, and in the fore and maintopmast shrouds, that if one was shot away the others might be flying. A number of our fleet had done the same, and several of the enemy followed our example. The French admiral's ship, who so gallantly attempted to board us, had his hoisted in three places. One of our men, Fitzgerald, ran up his rigging and cut away one of them and placed it round his waist, and had nearly, after this daring exploit, reached his ship, when a rifleman

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