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Warburton prints Compt off, and restores the old reading in MS.
Warburton adds MS. note, "But sure the inconstancy of man's disposition could never subject him to any of these inconveniences which he might avoid by the exercise of this quality. Shakespear wrote Constancy, and the expression is full of humour. Falstaff would insinuate to his misstresses that their ill usage had subdued his Constancy, which having been so unworthily employed in their pursuit he calls a villanous constancy."
And do as Advocates use do in Law. Warburton adds MS. note on passage, "But adversaries in Law are as little of this humour, as other adversaries who decide their quarrels in a different way. We know what the Poet means, and that leads us to what he said, which was surely this. And do as Advocates use do in Law, i. e., use to do."
All's Well that Ends Well.
I. iii. 229. And manifest experience.
II. i. 207. On thee still rely.
II. iii. 224. Lord have mercy on thee for a hen!
Lord have mercy on thee, for then
I. iii. 7. Why, let her except, before excepted.
III. i. 112. And his must needs be yours.
Trinity College, Cambridge.
Why, let her except, as before excepted. Warbur ton MS. note, "A formulary in Deeds." Farmer conj. also.
And I must needs be yours.
(To be continued.)
THE ROSES OF KILRAVOCK.
It has long been the custom to consider that the marriage of Hugh Rose, fourth Baron of Kilravock, with Joneta, daughter of Sir Robert Chisholm, in 1364, conveyed to the Roses the direct representation of the two distinguished families of Chisholm and Lander. The evidence available for the support of this belief in the Spalding Club history of the family of Rose appears to me, however, to be quite insufficient. In the contract between Sir Robert Chisholm and Hugh Rose ('Gen. Deduct. Fam. Rose of Kilr.,' p. 36), it is agreed :—
filiam dicti Roberti, pro cujus maritagio idem dominus quod idem Hugo de Rose ducat in uxorem Jonetam Robertus dabit dicto Hugoni et heredibus suis inter ipsum Hugonem et prefatam Jonetam procreatis, decem marcatas terre de Cantrabundie."
This was merely a grant of a small estate to a daughter on her marriage, and no other property ever seems to have passed from the Chisholms to
the Roses. Lachlan Shaw, the historian of Moray, is quoted by Mr. Innes (op. cit., p. 121), as follows: "I do not find that Sir Robert left any issue except the Lady Kilravock; and he was succeeded by his brother, John Chisholm, who upon the demise of his grandfather, Sir Robert Lauder, of Quarelwood, got the lands of Quarelwood, Brightmonie, Kinsterie, &c., and took the title of Quarelwood. His son, Robert Chisholm of Quarelwood, having no issue but one daughter, Morella, she was married to Alexander Sutherland of Duffus, and brought into that family a rich accession of lands, which had been the heritage of the Lauders. And the heir male of Chisholm enjoyed the proper
estate of that family."
Turning to Hew Rose's 'Deduction' (op. cit., p. 42), we find that, most of the Kilravock evidences having been destroyed by fire, John, the sixth baron, grandson of Hugh Rose and Joneta Chisholm, set about repairing his title to the lands of Kilravock and others, and with this object in view obtained a charter from "John Chesholme of that Ilk (designing him nepoti suo, for he was his grand uncle), upon the lands of Cantrabundie, Little Cantray, and Ochterurchill, with their pendicles, dated Apryle 24, 1420." It is, of course, clear that if John Chisholm was either uncle or grand uncle of Hugh Rose, the grandson of Joneta Chisholm, he must have been a descendant of Sir Robert Chisholm, and not a brother of that person. And again it seems almost inconceivable that the next brother of a man having a marriageable daughter in 1364 should himself be living in 1420, when he could have been little, if anything, short of a hundred years of age. But for the statements of Shaw and others no one could have supposed from this evidence that there was a shadow of doubt as to the status of Joneta Chisholm. There is one point requiring elucidation. Did the ten mark land of Cantrabundie, granted in 1364, include also the lands of Little Cantray and Ochterurquhill granted in the charter of 1420? Judging from the agreement in the earlier deed that
"in casu quo dicte terre non sunt decum marcatarum integrarum, refundet idem dominus Robertus dicto Hugoni de terra sua propinquiore donec habebit decem marcas integras,"
ceeded her father in the Chisholm and Lauder
JOHN LISTON (DIED 1846), ACTOR.-He is said to have been lineally descended from John De L'Estonne (see Domesday Book, where the name is so written), who came in with the Conqueror, and had lands awarded him at Lupton Magna, in Kent. We find a family of this name flourishing some centuries later in that county. John Delliston, knight, was high sheriff for Kent, according to Fabian "quinto Henrici Sexti"; and we trace the lineal branch flourishing downwards, the othography varying, according to the unsettled usage of the times, from Delliston to Leston or Liston, between which it seems to have alternated, till, in the latter end of the reign of James I., it finally settled into the determinate and pleasing dissyllabic arrangement which is still retains. Aminadab Liston, the eldest male representative of the family of that day, was of the strictest order of Puritans. A copy of an undoubted tract of his, bearing the initials only, A. L., entitled, "The Grinning Glass or Actor's Mirrour, wherein the vituperative Visnomy of vicious Players for the Scene is as virtuously reflected back upon their mimetic Monstrosities as it has viciously (hitherto) vitiated with its vile Vanities her Votarists," was in 1825 in the possession of Mr. Foss, of Pall Mall. The work, which is dated 1617, bears the impress of those absurdities with which the titlepages of that pamphlet-spawning age abounded. It followed the 'Histrio-Mastix (1610) both in respect of time and virulence. It is amusing to find an ancestor of Liston's bespattering the players at the commencement of the seventeenth century.
According to a MS. note penes me, the subject of this sketch was an only son of Habakuk Liston, settled as an Anabaptist minister upon the patrimonial soil of his ancestors. The following entry of the actor's birth and baptism is said to appear in the parish register of Lupton Magna (?), co. Kent:
"Johannes, filius Habakuk et Rebecca Liston, Dissentientium, natus quinto Decembri 1780, baptizatus sexto Februarii sequentis; Sponsoribus J. et W. Woollaston, unâ cum Maria Merryweather."
it may be assumed that such was the fact. We are therefore asked to believe that the only child and heiress of Sir Robert Chisholm received during her father's lifetime a trifling grant of land upon her marriage, but that upon Sir Robert's death his large possessions passed to his brother, leaving the heiress of Chisholm and Lauder without any share either The term "Dissentientium" was probably inof the Chisholm or the Lauder property, while in tended by the parish clergyman as a slur upon the the next generation the daughter of Robert Chis- supposed inconsistency of an Anabaptist minister holm carried all the Lauder possessions to Alex-conforming to the child rites of the Church; but posander Sutherland of Duffus. Why, it may fairly be asked, should Joneta Chisholm be thus disinherited, if an heiress, in order that her father's and grandfather's property might pass to her cousin, Morella Chisholm? To me the conclusion seems certain that Joneta's brother, not her uncle, suc
sibly some expectation in point of worldly advantages from some of the sponsors might have induced this unseemly deviation, as it must have appeared, from the practice and principles of that generally rigid sect. The same authority further states that Liston entered the service, nominally as a clerk, of
THE LION-HEAD OF THE CENTURION.-Excerpt from the Saturday Magazine, March 16, 1833:"In the course of last year, this Lion was removed to Windsor, as a present to his Majesty; and the following lines, in imitation of the original inscription, have been sent to us on the occasion of this movement:
Such was this travell'd Lion's boast,
H. ASTLEY HARDINGE.
EXTRAORDINARY SUPERSTITION.-Under this heading the following paragraph appeared in the Diss Express and Norfolk and Suffolk Journal, Dec. 16:
The Suffolk Coroner (Mr. Chaston) on Tuesday, held an inquest at the Green Man Inn, Mendlesham, touching the death of a child named Maggie Alberta Wade, daughter of Henry Wade, an agricultural labourer. The first witness called was the mother, Elizabeth Wade, who stated that last Friday the deceased pulled a cup of boiling soup over herself, and was baldly scalded. She did not send for a doctor, but at once sent for an old woman living in the neighbourhood, whose name is Brundish, who, according to witness, is possessed of supernatural powers in the cure of burns and scalds. The old woman came at once, and said some strange words over the child, and passed her hands across the injured parts. Witness under these circumstances did not consider the attendance of a medical man necessary, but notwithstanding the woman's incantation the child died in forty hours. Witness persisted in expressing her belief in the old woman's power, and said she was really a witch. The female referred to declined to reveal the words spoken, as she said she would lose her power. Other witnesses expressed their faith in the professions of the old woman. Eventually, after the Coroner had commented on the superstition exhibited, medical evidence was given to the effect that the child's life could not have been saved. A verdict of Accidental death' was returned."
F. C. BIRKBECK TERRY.
PHLEGON'S ECLIPSE.-It is well known that Phlegon, who wrote in the time of the Emperor Hadrian, mentions an eclipse of the sun, seen nearly a century before, which some have thought was no eclipse, but a heathen record of the miraculous darkness at the Crucifixion. Little reference, however (as Lardner points out), is made to
this by the fathers, because it was well understood that an eclipse of the sun could not take place at the time of the Jewish Passover, which was always observed at the full moon. St. Chrysostom, too, in one of his homilies on St. Matthew, well remarks that the duration of the miraculous darkness proves that it could not have arisen from an eclipse of the sun, the totality of which occupies but a few moments. Lardner observes that astronomers had calculated that a real eclipse of the sun did take place in the month of November, A.D. 29; and this has been fully confirmed by those in our own time who have had the advantage of the more accurate tables of the moon which are now available. Amongst these we may mention the late Dr. von Oppolzer, of Vienna, and Mr. John Stockwell, of Cleveland, Ohio, U.S. The eclipse of A.D. 29 occurred on November 24, and was total about noon in the north-western part of Asia Minor, where Phlegon lived (at Tralles in Lydia). His works are not extant; but the fragment referring to the eclipse is quoted by severel writers, with some difference of detail as to the year in which it took place. There seems, however, little doubt that the true reading was the fourth year of the 202nd Olympiad. But A.D. 29 was the first year of that Olympiad, so that there was probably either some error in Phlegon's original or errors of transcription in those who copied him. Oddly enough, Lardner makes one of these (Philoponus) say that the year was in the 102nd Olympiad, though he quotes the Greek correctly in a note, which gives the 202nd (like the others), but the second year of it. From this Mr. Stockwell contends that the second year of that Olympiad corresponded to A.D. 29, in which the eclipse took place; but as Philoponus, in another passage in the same chapter (lib. ii. c. 21) of his De Mundi Creatione,' calls it, like the other authorities who copied Phlegon, the fourth year, it is probable that this is what Phlegon wrote, and that the error was making it the last, instead of the first year of the 202nd Olympiad.
W. T. LYNN.
and for the Manor of Westerham, co. Kent, GOODS OF FELONS.-At a Court Leet holden in April 5, 1619, the jurors present that
66 Mary Smith who was prosecuted for felony left within the Jurisdiction of this Leet divers goods waived; and fled and now is executed for the said felony as this Court is informed the which goods aforesaid are and were in the Custody of the Lord's Bailif_these several years and they remain to the use of the Lord as goods forfeited viz;
Imprimis one Trunk lockede.
One Stuffe gowne layed thick with blacke redd silke
2 bands th'one laced th'other playne. VI quayes.
iij Tyffany Cawles.
I Tyffany Crosclothe laced. iij lawne crosseclothes laced.
The which were seen and appraised by Richard Dawling Constable, Thomas Burges. Robert Stacye, George ffuller, and William Plumlye inhabitants there."
C. E. GILDERSOME-DICKINSON.
CUDHAM PARISH CHURCH.-Not long since I visited the parish church of Cudham, in Kent. It was formerly interesting, but within the last few years has, I think, been much over-restored. There is still a fine brass to Alice Waleys, dated 1503. I measured the old yew tree in the churchyard, and found that its circumference, at about four feet from the ground, was no less than twentyeight feet. It is a good deal decayed. There is an epitaph on a tombstone, put up as recently as the year 1860, which is so artless that I venture to
All ye that pass this way along,
"HIGH WODS."-When, on July 15, 1503, Margaret Tudor came to York on her progress to Scotland, it is recorded by John Younge, Somerset Herald, that
"in the Stat as before, in fayr Ordre, she entred in the sayd Cite, Trompetts, Mynstrells, Sakebowtts and High Wods retentyssynge, that was fayr for to here." Hearne's Collectanea' of Leland, vol, iv. p. 272.
It is curious to find oboes or hautbois thus accommodated to the vernacular.
[See p. 108.]
DOCTOR BY ROYAL MANDATE.-Richard Hey, LL.D., Fellow and Tutor of Sidney Sussex College, Cambridge, was born 1745 and died 1837. In or about 1779 he wrote a tract on Duelling, Suicide, and Murder, which fell into the hands of George III., who was so much pleased with it that he made him doctor by royal mandate. In due time Hey presented himself to practise at Doctors' Commons, but admittance was refused, on the ground that such a thing was without precedent, namely, that a man made doctor by royal mandate should practise at Doctors' Commons. So he said he
would go back to Cambridge and take his degree in the usual way; but the Cambridge authorities also refused him, on the ground that they could not cast such a slur on the king's gift. He was therefore shut out of practice for life. He married after an engagement of thirty years, survived his wife thirty years, and died at the age of ninety-three.
A packet of Richard Hey's bright letters is now before me, but he only makes slight allusion to the singular circumstances related above, which were communicated to me in 1889 by a venerable great-nephew of Dr. Richard Hey, now deceased. ALBERT HARTSHORNE.
THOMAS GENT (1693-1778), PRINTER.-It may be noted, as an addition to the account of him appearing in 'Dict. Nat. Biog., vol. xxi. p. 121, that his wife, Alice Guy, "the fair hand-maiden " of John White, printer, York, and widow of his grandson, Charles Bourne, also a printer, died April 1, 1761, and was buried in St. Olave's Church, York. Gent's marriage had been solemnized in York Minster on Dec. 10, 1724.
17, Hilldrop Crescent, N.
CHURCH BELLS.-The general use of church bells at the beginning of the seventeenth century is pleasantly referred to in the Diary of the Journey of Philip Julius, Duke of Stettin-Pomerania, through England in 1602,' which is quoted in the sixth volume of the Royal Historical Society, The extract is as follows:
"On arriving in London we heard a great ringing of bells in almost all the churches, going on very late in the evening. We were informed that the young people do that for the sake of exercise and amusement, and will pull a bell the longest, and ring it in the most sometimes they pay considerable sums as a wager who approved fashion. Parishes spend much money in harmoniously sounding bells, that one being preferred which has the best bells. The old Queen is said to have been pleased very much by this exercise, considering it as a sign of the health of the people. They do not ring the bells for the dead. When a person lies in agony, the bells of the parish he belongs to are touched As soon as this sign is given, everybody in the street, as with the clappers until he either dies or recovers again. well as in the houses, falls on his knees, offering prayer for the sick person." HARRY HEMS.
Fair Park, Exeter.
BOOKSHELVES.-To economize space and exclude dust, shelves should fit closely to the tops of the books below. I find by experience that the most convenient way is to support the shelves by metal rings with screws attached, known as screw-eyes. The shelves can be made by anybody who can saw and plane, and the most unskilled person can adjust the shelves to a nicety. When a shelf is full, and the shelf above fits so closely that a finger cannot be inserted at the top, small books are sometimes pushed behind the others and lost.
GRAY AND WALLER.-Gray was familiar with Waller, as we may infer from his letter to West of November 21, 1739, in which he parodies a line from the 'Battle of the Summer Islands.' Knowing how sedulously Gray nursed an idea, I cannot help thinking that the germ of the famous stanzas in the Elegy,' "Perhaps in this neglected spot," &c., was for him these lines from Waller's To Zelinda':
Great Julius, on the mountains bred,
He that the world subdued had been
'Tis art and knowledge which draw forth
D. C. T.
RIPON SPURS.-Under the title of Bygone Yorkshire,' Mr. William Andrews, of Hull, has issued a tolerably well-printed little volume of nearly three hundred pages, which will have a certain amount of antiquarian interest for many readers of N. & Q' As a sample of the whole, here is a paper on 'Ripon Spurs,' by a well-known local gentleman, Mr. T. C. Heslington :
"The particular date on which the manufacture of spurs, and other hardware necessary for an equestrian outfit, commenced in Ripon, is not stated in the town records. Leland, journeying through Yorkshire in 1534, observed that there had been 'hard on the further rype of Skelle a great number of tenters for woollen clothes wont to be made in the towne of Rippon, but idleness is sore increasid in the towne, and clothe making almost decayed.' We may reasonably suppose no other manufacture was carried on at that time, or he would have noticed it; and, therefore, the period comprised between his visit and the year 1604, the date on which the Corporation record commences, saw not only the beginning of the spur manufacture, but its attainment to great celebrity for excellent material and workmanship. Handwrought steel and iron work had arrived at great perfection of artistic workmanship at that time in Europe, and to be able to compete successfully with such trained craftsmen as were similarly employed elsewhere, reflects great credit upon those ancient Ripon tradesmen. No doubt their productions were in great demand when all journeys were on foot or horseback, and the breed of horses was as yet unimproved by the introduction of the spirited and generous-tempered Arabian. The heavy, sluggish hacks of the period needed constant urging with whip and spur. Amongst the many Ripon guilds, the hardware craftsmen were all united in one, called the Corporation and Company of Blacksmiths, Locksmiths, Lorimers, and Armourers. The Ripon spurs had a great
reputation all over the country, and became the origin of a proverbial saying, 'As true steel as Ripon rowels,' and Ben Jonson, in his 'Staple of Newes,' has:
Why, there's an angel if my spurs
and Davenant, in his ' Wits,' has :—
Whip me with wire-beaded rowels of
When passing through Ripon in 1617, King James the First was presented with a gilt bowl, and a pair of Ripon spurs, 'which spurres were such a contentment to his Majestie as his Highnesse did wear the same the followynge day at his departure forth of the said towne.' Plain steel spurs at one shilling, and wrought spurs at seven shillings and sixpence the pair, were most manufactured ; those made of precious metals were generally for presentation purposes-some of the wrought spurs have been collected in the neighbourhood, and all have the same peculiar conventional device in silver, inlaid in the dark grey steel, with which the white silver pattern has a charming contrast and effect. A pair of these were presented to the Archbishop of York when he visited his Liberty of Ripon, and a pair of the plain ones to each of his retinue. When Gent wrote his History of Rippon' in 1732, the trade was still flourishing, but soon afterwards rapidly decayed. Alderman Terry, during a long life of ninety years, was three times Mayor of Ripon, and the last of the spurriers, the trade becoming extinct with his business transactions in the year 1798. The guild were over anxious to protect themselves, and with their fees, fines, and other exactions, deterred others from commencing the business, and drove them elsewhere; and the trade finally left the town as the old firm died some of the spurriers, but the majority of them are out. The Corporation Chronicle mentions the names of unrecorded; the only memorials of their skill being a 'motto' and the 'crest' of the city."
Wolsingham, co. Durham.
We must request correspondents desiring information on family matters of only privato interest to affix their names and addresses to their queries, in order that the answers may be addressed to them direct.
"CROCKERY."-Our first known occurrence of this is in Johnson's 'Dictionary,' 1755, although "crockery-ware" is in 'Robinson Crusoe.' According to Mr. Kington Oliphant, "among the new substantives" in Miss Burney's 'Cecilia,' 1782, are crockery, dustman, damper; but he gives no reference. If any reader of 'Ñ. & Q.' can send me the quotation with reference I shall be grateful. The word does not appear to be frequent before 1840, and even then seems to be rather conJ. A. H. MURRAY. temptuous.
"CRUX."-I should be glad of contributions to the history of this word in the sense of a puzzle or special difficulty, which appears to be known only in English. The earliest quotations yet known are in Swift's 'Verses to Sheridan' (1718),—