Notes And Queries, Issue 7.

[Among the curious documents which have been produced from time to time before the House of Lords in support of peerage claims, there have been few of greater historical interest than the one which we now reprint from the Fourth Part of the Evidence taken before the Committee of Privileges on the Claim of W. Constable Maxwell, Esquire, to the title of Lord Herries of Terregles. It is a copy of the Contract of Marriage between Queen Mary and the Earl of Bothwell, which, although it is said to have been printed by Carmichael, in his Various Tracts relating to the Peerage of Scotland, extracted from the Public Records, has not been referred to by Robertson, or other historians of Scotland, not even by the most recent of them, Mr. Tytler.

Mr. Tytler tells us that on the 12th of May, 1567, Bothwell was created Duke of Orkney, "the Queen with her own hands placing the coronet on his head," and that the marriage took place on the 15th of May, at four o'clock in the morning in the presence-chamber at Holyrood; and that on the following morning a paper, with this ominous verse, was fixed on the palace gate:—

"Mense malas Maio nubere vulgus ait."

The Contract, which is dated on the fourteenth of May, is preserved in the Register of Deeds in the Court of Session (Vol. IX. p. 86.), and as the copy produced before the House is authenticated—and consequently it may be presumed a more strictly accurate one than that which Carmichael has given—it seems well deserving of being transferred to our columns, and so made more available to the purposes of the historian, than it has been found to be in Carmichael's Tract, or is likely to be when buried in a Parliamentary Blue Book.]

"Decimo quarto Maij anno domini ts. lxvij, "Sederunt dni sessionis clericus regri.

"In pns of ye lordis of counsale comperit personale ane ry't excellent ry't heicht and michte princes Marie be ye grace of God queene of Scottis douieier of France on that ane pairt and ane ry't noble and potent prince James duk of Orkney erl Bothule lord Hales crychtoun and Liddisdeall great admiral of the realm of Scotland on y't vy'r p't and gaif in yis contract and appointnament following subscriuit w't y'r handis and desyrit ye samen to be insert in ye bukis of counsale to haif ye strenth force and effect of y'r act and decreit thereupoun the q'lk desyre ye saidis lordis thocht reasonable and y'rfor hes decernit and decernis ye said contract and appointnament to be insert and registret in ye said bukis to haif ye strenth force and effect of y'r act and decreit in tyme to cum et ad perpetuam rei memoriam and hes interponit and interponis y'r autoritie y'rto and ordenis y'r autentik extract of the samen to be deliuerit to the foirsaid partiis and the principale to remane apud registrum Off ye q'lk contract ye tennor followis At Edinburgh ye xiiii. day of May the year of God I'mv'c thrie score sevin yeris it is appointit aggreit contractit and finale concordit betwix ye r't excellent ry't heich and mychte princess Marie be ye grace of God queen of Scottis douarrier of France on that ane pairt and ye ry't noble and potent prince James duke of Orkney erle Bothul lord Hales creychtoun and Liddisdeall great admiral of yis realm of Scotland on y't vy'r [pg 98] p't in manner forme and effect as efter follow is that is to say fforsamekle as her majestie considering w't herself how almyete God hes not onlie placit and constitut hir hienes to reigne over this realme and during hir liftyme to governe ye peple and inhabitants y'r of hir native subjects bot als that of hir royall persoun succession my't be producit to enioy and possess yis kingdome and dominionis y'r of quhen God sall call hir hienes to his mercie out of yis mortale life and how grecousle it hes plesit him alredy to respect her hienes and yis hir realm in geving vnto hir maistie of her mest deir and onlie sone ye prince baith her hienes self and hir heill subjects are detbond to render vnto God immortale prayss and thankis and now hir maistie being destitute of ane husband levand solditerie in ye estate of wedoheid and yet young and of flurisshing aige apt and able to procreat and bring furth ma childreyn hes been pressit and humble requirit to yield vnto sum mariege quhilk petitioun hir grece weying and teking in gud pairt bot cheifle regarding ye preservatioun and continewance of hir posteritie hes condescendit y'r to and mature deliberatioun being had towert psonage ye maist p't of hir nobilite by way of adviss hes humblie preyit hir maistie and thocht bettir that she seuld sefar humble hirself as to accept ane of hir awin borne subiectis in y't state and place that war accustomet w't ye manneris lawis and consuctud of yis cuntre rether yan ony foreyne prince and hir maistie preferrand their aduyse and preyeris with ye welfeir of hir relm to the avansment and promotion qlk hir hienes in pticuler mycht heve be foreyn marriage hes in that point likwis inclinit to ye suit of hir said nobilitie and yai bemand ye said noble prince now duke of Orkney for ye speciall personage hir maistie well aduisit hes allowit yair motioun and nominatioun and gratiouslie accedit y'r vnto having recent memorie of the notable and worthie actis and gude service done and performit by him to hir ma'tje als weill sen hir returning and arivall in this realme as of befoir in hir hienes minoritie and dureing the tyme of governament of umq'll hir dearest moder of gude memorie in the forth setting of her ma'ties authoritie agains all impugnaris and ganestanders y'r of quhais magnanimitie couraige and constant trewth towert her ma'tie in preservation of hir awn person from mony evident and greit dangers and in conducting of heich and profitable purposes tending to her hienes avancement and establissing of this countre to hir profite and universall obedience hes sa fer movit her and procurit hir favour and affectioun that abuist the common and accustomat gude grace and benevolence quhilk princesses usis to bestow on noblemen thair subjectis weill deserving hir ma'tie wil be content to resaue and tak to hir husband the said noble prince for satisfaction of the hearts of hir nobilitie and people and to the effect that hir ma'tie may be the mair able to govern and rewill this realme in tyme to cum dureing hir liftyme and that issue and succession at Goddis plesure may be producit of hir maist noble persoun quhilkis being sa dear and tender to hit said dearest son efter hir ma'ties deceas may befoir all oyris serve ayd and comfort him Quhairfore the said excellent and michtie princesse and queene and the said noble and potent prince James duke of Orknay sall God willing solemnizat and compleit the band of metrimony aither of them with vther in face of haly kirk w't all gudly diligence and als hir ma'tie in respect of the same metrimony and of the succession at Goddis plesure to be procreat betwix thame and producit of hir body sall in her nixt parliament grant ane ratificatioun w't aviss of hir thrie estates quhilk hir ma'tie sall obtene of the infeftment maid be hir to the said noble prince then erll Boithuill and his airis maill to be gottin of his body quhilkis failzeing to hir hienes and hir crown to returne off all & haill the erldome landis and ilis of Orknay and lordship of Zetland with the holmes skeireis guylandis outbrekkis castells towrs fortalices manner places milns multures woddis cunninghares ffishings as weill in ffresh watters as salt havynis portis raidis outsettis parts pendicles tennentis tennendries service of frie tennents advocation donation and richt of patronage of kirkis benefices & chaplanries of the samyn lyand w'tin the sherifdom of Orknay and ffowdry of Zetland respective with the toll and customs within the saidis boundis togidder with the offices of sherifship of Orknay and ffowdry of Zetland and office of justiciarie w'tin all the boundis als weill of Orknay as Zetland with all priviledges fies liberties and dewities perteining and belanging y'rto and all thair pertinentis erectit in ane haill and frie dukrie to be callit the dukrie of Orknay for evir and gif neid be sall mak him new infeftment thairvpoun in competent and dew form quhilk hir ma'tie promittis in verbo principis and in caiss as God forbid thair beis na airis maill procreat betwix hir ma'tie and the said prince he obleiss his other airis maill to be gotten of his body to renunce the halding of blenchferme contenit in the said infeftment tackand alwyis and ressavand new infeftment of the saidis landis erlldome lordships ilis toll customs and offices abovewryten and all thair pertinents erectit in an dukrie as said is quhilk name and titill it sall alwyis retene notwithstanding the alteratioun of the halding his saidis airis maill to be gotten of his body payand zeirlie thairfore to our said soverane ladies successoris y'r comptrollaris in y'r name and soume of twa thousand pundis money of this realme lykas the samyn wes sett in the tyme of the kingis grace her gracious ffader of maist worthie memorie Mairowir the said noble and potent prince and duke obleiss [pg 99] him that he sall no wayis dispone nor putt away ony of his lands heretages possessiones and offices present nor quhilkis he sall happen to obtene and conquies heireftir dureing the mariage fre the airis maill to be gottin betwix him & her m'tie bot yai to succeid to the same als weil as to the said dukrie of Orknay. Furthermair it is concludit and accordit be hir ma'tie that all signateurs tres and wrytingis to be subscrivit be hir ma'tie in tyme to cum eftir the completing and solemnization of the said mariage other of gifts dispositiones graces privileges or vtheris sic thingis quhatsumevir sal be alsua subscrivit be the said noble prince and duke for his interesse in signe and taken of his consent and assent y'rto as her ma'ties husband. Likas it is alsua aggreit and accordit be the said noble prince and duke that na signateurs tres nor writingis othir of giftis dispositions graces priviledges or others sic thingis concerning the affairs of the realme sall be subscrivit be him onlie and w'tout hir ma'ties aviss and subscription and giff ony sic thing happin the samyn to be of nane availl. And for observing keiping and fulfilling of the premisses and every poynt and article y'r of the said noble and michte princesse and the said noble prince and duke hes bundin and obleissit thame faithfullie to otheris and ar content and consentis that this present contract be actit and registrat in the buiks of counsale and session ad perpetuam rei memoriam and for acting and registring hereof in the samyn buiks her ma'tie ordains hir advocattis and the said noble prince & duke hes maid and constitute m'rs David Borthuik Alex'r Skeyn his prors con't'lie and sea'tie promittand de rato. In witness of the quhilk thing hir ma'tie and the said noble prince and duke hes subscrivit this present contract with thair hands day yeir and place foirsaids befoir thir witnesses ane maist reverend ffader in God Johnne archbishop of Sant Andrews commendator of paisly & George erll of Huntlie lord Gordon and Badzeneth chencelar of Scotland &c. Dauid erll of Craufurd lord Lindsay Andro erll of Rothes lord Leslie Alexander bishop of Galloway commendator of Inchaffray John bishop of Ross Johnne lord fflemyng Johnne lord Hereiss W'm Maitland of Lethington youngar secretar to our soverane ladie sir Johne Bellanden of Auchnoule kny't justice clerk and M'r Robert Crichton of Elioh advocat to hir hienes with oy's diverss."

BILL OF FARE OF 1626.

If an actual bill of fare in a gentleman's house, anno 1626, be worth your acceptance, as a pendant to the one prescribed in your fourth number, you are welcome to the following extract from the account book of Sir Edward Dering, Knt. and Bart.:—

The above seems to have been a family dinner. Sir Edward married, for his second wife, a daughter [pg 100] of Sir Ashbornham, as appears by the following entry:—

The day of the month is torn out. It would almost seem as if this was the wedding dinner, on the occasion of the marriage of the Chief Justice with Lady Dering's mother; at all events the reunion of the family in London was caused by that event.

Banquet was the name given to a dessert, and it was usually set out in another room.

Appended to the above is a bill of the items of the "banquet," with the cost of hire for the glass plates; but it is so hopelessly illegible that I will not venture to give it. Many of the items, as far as I can read them, are not to be found in "the books," and are quite new to me.

Having had no small experience in deciphering hopeless scribblings, I think I may pronounce this to be better left alone than given in its present confused state.

MONETA SANCTÆ HELENÆ.

As a subscriber to your valuable publication, allow me to suggest that it might, from time to time, be open to contributions explaining obscure passages or words, which often occur in the works of mediæval writers, and more especially in early English records. So far as English usages and customs are concerned, the Glossary of Du Cange is of comparatively little value to the English student; many terms, indeed, being wrongly interpreted in all editions of that work. Take, for example, the word "tricesima," the explanation of which is truly ridiculous; under "berefellarii," the commentary is positively comic; and many other instances might be cited. At the same time, it would be presumptuous to speak otherwise than in terms of the highest respect and admiration of Du Cange and his labours. The errors to which I allude were the natural consequences of a foreigner's imperfect knowledge of English law and English customs; still it is to be lamented that they should have remained uncorrected in the later editions of the Glossary; and I take it to be our duty to collect and publish, where feasible, materials for an English dictionary of mediæval Latin. It is in your power materially to advance such a work, and under that impression I venture to send the present "Note."

In the Wardrobe Account of the 55th year of Henry the Third, it is stated that among the valuables in the charge of the keeper of the royal wardrobe, there was a silken purse, containing "monetam Sancte Helene." It is well known that, during the middle ages, many and various objects were supposed to possess talismanic virtues. Of this class were the coins attributed to the mother of Constantine, the authenticity of which is questioned by Du Cange, in his treatise "de Inferioris ævi numismatibus." He observes, also, that the same name was given, vulgarly, to almost all the coins of the Byzantine emperors, not only to those bearing the effigies of St. Helena, but indeed to all marked with a cross, which were commonly worn suspended from the neck as phylacteries; "hence," he subjoins, "we find that these coins are generally perforated." It was quite in accordance with the superstitious character of Henry the Third that coins of St. Helena should be preserved in his wardrobe, among numerous other amulets and relics. But what was the peculiar virtue attributed to such coins? Du Cange, in the same treatise, says, on the authority of "Bosius," that they were a remedy against the "comitialem morbum," or epilepsy. The said "Bosius," or rather "Bozius," wrote a ponderous work, "de Signis Ecclesiæ Dei" (a copy of which, by the by, is not to be seen in the library of the British Museum, although there are two editions of it in the Bodleian), in which he discourseth as follows:—"Monetæ adhuc aliquot exstant, quæ in honorem Helenæ Augustæ, et inventæ crucis, cum hujusmodi imaginibus excusæ antiquitus fuerunt. Illis est præsens remedium adversus morbum comitialem: et qui hodie vivit Turcarum Rex Amurathes, quamvis a nobis alienus, vim sanctam illarum expertus solet eas gestare; e morbo namque hujusmodi interdum laborat. Nummi quoque Sancti Ludovici Francorum regis mirifice valent adversus nonnullos morbos."—Lib. xv. sig. 68.

This mention of the sultan Amurath carrying these coins about his person as a precaution against a disease to which he was subject, and indeed the whole passage shows a belief in their efficacy was still prevalent in the sixteenth century, when Bozius wrote. It only remains to add, that Du Cange, in his Glossary, does not enumerate the "money of St. Helena" under the word "moneta;" nor does he allude to the coins of St. Louis, which, according to Bozius, were endowed with similar properties.

Having sent you a "Note," permit me to make two or three "Queries." 1. What is the earliest known instance of the use of a beaver hat in England? 2. What is the precise meaning of the [pg 101] term "pisan," so often used, in old records, for some part of defensive armour, particularly in the thirteenth and fourteenth centuries? It does not bear any relation to the fabrics of Pisa.

TRANSLATIONS OF GRAY'S ELEGY.

Sir,—My best apology for troubling you with such a lengthened Query is, that it will serve, to some extent, as a Note. Will any of your correspondents inform me of any additions to the following list of translations of Gray's Elegy? It may possibly be more incomplete than I am aware of, as it is drawn up, with two exceptions, from copies in my own library only.

There is also a Greek version of the epitaph only, by J. Plumptre, printed with his Greek version of Pope's Messiah. 4to. 1795. In a biographical notice of Dr. Sparke, it is stated that he was among the thirteen candidates when the competition took place for the best translation of Gray's Elegy into Greek. Query, what was this competition, and were any of the other versions published?

The Latin version by Costa, and the Italian by Cesarotti and Torelli, were reprinted by Bodoni in 1793, in 4to., as a supplement to his edition of Gray.

I must frankly avow that I have no present object in seeking information beyond the gratification of curiosity; but I would venture to throw out a hint that an edition of this Elegy, exhibiting all the known translations, arranged in double columns, might be made a noble monument to the memory of Gray. The plan would involve the necessity for a folio size, affording scope for pictorial illustration, on a scale capable of doing justice to "the most finished poem in the English language."

ON AUTHORS AND BOOKS, NO. 2

To revive the memory of estimable authors, or of estimable books, is a pursuit to which a man of leisure may devote himself under the certainty that he can neither want materials to proceed with, not miss the reward of commendation.

It is by the extensive circulation of biographical dictionaries, and the re-productive agency of the press, that the fame of authors and their works is chiefly perpetuated. General biographers, however, relying too much on the intelligence and tact of their precursors, are frequently the dupes of tradition; and the press, like other descriptions of machinery, requires a double motive-power.

A remedy happily presents itself. As it appears, a short note is sufficient to raise inquiry; and inquiry may lead to new fact, or advance critical equity. It may rescue a meritorious author from oblivion, and restore him to his true position on the roll of fame.

It is near a century and a half since Ant. Wood printed a notice of the reverend Thomas Powell, and more than a century since the inquisitive Oldys devoted eighteen pages to an abstract of his Human industry;—yet we search in vain for the name of Powell in the dictionaries of Aikin, Watkins, Chalmers, Gorton, &c.—It is even omitted in the Cambrian biogarphy of his countryman William Owen, F.S.A.

An exact transcript of the title of the work, and of the manuscript notes which enrich my own copy of it, may therefore be acceptable:—

I have now only to consign the learned Powell to future biographers, and to recommend the volume as one which deserves a place in every choice collection of English books.

MINOR NOTES.

D***N**R. (p. 38.), gives, as an instance of misquotation, a passage from Pope, as it appeared in the Times, and adds a correction of it. As my memory suggested a version different from both that of the Times, and the correction of your correspondent, I turned to Pope (Bowles edition, 1806), and found the passage there, precisely as it is given from the Times. Has your correspondent any authority for his reading? No various reading of the lines is given by Bowles.

While on the subject of Pope, I will make a note (as I have not seen it noticed by his commentators), that the well-known line,

has been clearly shown by a correspondent in another paper, to be all but copied from Blair:—

—— "like an ill-used ghost Not to return;—or if it did, its visits Like those of angels, short and far between."

But the same phrase, though put differently, occurs in a religious poem of Norris of Bemerton, who died in 1711:—

"But those who soonest take their flight, Are the most exquisite and strong, Like angels visits, short and bright, Mortality's too weak to bear them long."

Sir,—As a pendant to the extracts from the register of East Peckham, Kent, in your third number, I send the following, which I copied some time ago from one of the register books of the parish of North Runcton, Norfolk, and which may prove interesting to some of your readers.

"The Norman Crusader," in the horse-armoury in the Tower of London, or a part of it, came from Green's Museum. He obtained the hauberk from Tong Castle. At the dispersion of the Museum, the hauberk was purchased by Bullock, of Liverpool (afterwards of the Egyptian Hall), in whose catalogue for 1808 it appears as a standing figure, holding a brown bill in the right hand, and resting the left upon a heater shield.

Bullock at this time added the chauses.—In 1810, the "London Museum" was opened at the "Egyptian Temple" (Hall), the figure as before; but, in the catalogue for 1813, we have the man and horse standing in front of the gallery, and named "The Norman Crusader."

At the "decline and fall" of Bullock's Museum, Mr. Gwennap purchased the Crusader for, it is said, 200 guineas; and after being put in thorough repair, it was placed in the "Aplotheca," Brook Street, Mr. Gwennap, jun. adding the sword.

During its repair, it was discovered that the armour was not originally made for a horse, but for an elephant; and, on inquiry, it appeared that Bullock had purchased it, together with other curiosities, of a sailor, had taken it to pieces, and formed the armour for the horse.

At the sale of Gwennap's collection, "The Norman Crusader" was knocked down by Geo. Robins to a Mr. Bentley, for 30l., and he being unable to polish it, as he had intended, sold it to the authorities at the Tower for one hundred guineas, where it is exhibited as "The Norman Crusader."

Sir,—On page 206. of Mr. Collier's second volume of Extracts from the Registers of the Stationers' Company, the following entry occurs:— "1585-6. Cold and uncoth blowes, of the lady Jane of Westmorland." And on page 211., "A songe of Lady Jane of Westmorland." Mr. Collier considers these entries to refer to the same production.

The name of Lady Jane of Westmoreland does not occur in Park's edition of Royal and Noble Authors; but it would clearly be entitled to a place there, if we can ascertain who she was.

I have little doubt she was Jane, daughter of Thomas Manvers, first Earl of Rutland, and first wife of Henry Nevill, fifth Earl of Westmoreland, by whom she was mother of Charles, Earl of Westmoreland, one of the chiefs of the northern rebellion.

Collins, under the title "Rutland," states that Anne, daughter of Thomas, first Earl of Rutland, married Henry, Earl of Westmoreland; but under the title "Abergavenny" he states that the same Henry, Earl of Westmoreland, married Jane, daughter of Thomas, first Earl of Rutland. The last statement I presume to be the correct one.

I can find no other person, at the period in question, to whom the title of Lady Jane of Westmoreland could have been attributed; and her sister Frances, who also married a Henry Nevill (fourth Lord Abergavenny of that name), is known to have been an authoress. An account of her will be found in the first volume of the Royal and Noble Authors, by Park. Lady Frances Abergavenny (whose work is entered on page 52. of Mr. Collier's second volume), had an only daughter, who married Sir Thomas Fane, and from this marriage the present Earl of Westmoreland is descended.

NOTES IN ANSWER TO QUERIES.

Your correspondent, Mr. B. NIGHTINGALE, desires an answer to his Query (in your No. 4), Why is the figure of a Lobster introduced into the impression upon the rare medal struck 20th June, 1688, in contempt or ridicule of Prince James Edward, the newly-born son of King James II.?

1st. In Philemon Holland's translation of Pliny's Natural History (a great authority at the time) this passage occurs in book ix. cap. 30.:—

2nd. In the celebrated work of Sebastian Brandt, entitled Stultifera Naxis (which went through many editions after its first appearance in 1494), is an engraving of a fool, wearing cap and bells, seated astride on the back of a lobster, with a broken reed in his hand, and a pigeon flying past him as he stares vacantly at it with open mouth. The following lines are attached:—

It appears, then, to me, that the design of the medallist was to hold up to the exceration of the English people the machinations of Father Petre, who (together with Sunderland) guided the councils of the king at the juncture. The Jesuits, like the crustaceous fish above-mentioned, were alleged to accomplish their dark and crooked designs by creeping and sedulously working their way straight forward through the mud, until some real danger presented itself, and then reculing with equal adroitness.

At this time, too, the bigoted and superstitious adherents of James had been offering their vows at every shrine, and even making pilgrimages, to induce Heaven to grant a male heir to the throne, and thus exclude the Protestant daughters of the king. The premature and unexpected event, therefore, of the birth of a son, was pronounced by James's friends to have been predestined by the special grace of the Most High. All this, I apprehend, was intended to be typified by the figure of the Jesuit Petre riding upon a Lobster.

Sir,—As I see this matter is not yet explained, I venture a suggestion. Wheat straw was an emblem of peace among heathen nations; in it the first-fruits brought by Abaris the Hyperborean to Delos were wrapped; and when commerce, or rather trade by barter, had rendered transmission from hand to hand practicable, wheat straw was still used. With the worship of Diana the offering of wheat straw passed over to Thrace, where it was a recognition of that goddess as the patron of chastity. In Judea the wheat harvest was later than that of barley, the Jews therefore offered a sheaf of the latter grain as first-fruits; it is, however, extraordinary that Moses orders barley-meal as the offering for jealousy (Numbers, v 15.), though the price of barley was but half that of wheat. It seems as if there were the same connection between this peace-offering and that of the first-fruits with the Jews, that we see between the offering to Diana and the first-fruits of the Hyperboreans; both may have been derived from Egypt, in the learning of which, we are told, Moses was skilled. The straw necklace or chaplet of Erasmus' pilgrim might be worn to secure him from molestation in travelling, or it may refer to the patroness of Walsingham, the Virgin Mary.

I dare say many persons have thought with me, that a poet's promise of a "belt of straw" to his love, was not a very complimentary one; one possible meaning never struck me till this moment: it may be a compliment unconsciously drawn from a heathen source, and perpetuated, like so many of our old-world customs, among a class of people the least likely to understand the meaning.

Another corroboration of Macaulay's Young Levite may be found in The Tatler, No. 255, sixty years later than Burton.

I beg to suggest a method of keeping "Notes," which I have found useful. I have a blank book for each quarter of the world, paged alphabetically; I enter my notes and queries according to the subject for which they are most likely to be required; if relating to mere geography or history, under the name of place or person. I also keep a list (with dates) of all the books I read, with a note of any use to be made of them; I also keep a list of all books to be read, and the reasons for reading them. I tried various ways of keeping my notes, and found no classification so easy for reference as the plan I have mentioned; it may not, however, suffice to those whose reading is much more extensive than mine; I mention it as a working plan.

ANSWERS TO MINOR QUERIES

Sir,—In your Sixth Number, p. 93, J.E.M. wishes to know whence the motto, "Si quis amicum absentum rodere delectat," &c. is taken.

The political maxim, or phrase, inquired after by C. is Burke's. It occurs in his celebrated Thoughts on the Cause of the present Discontent, published in 1770, in the course of his defence of party, a few pages from the end. A short extract [pg 105] will show the connection in which it is introduced:—

I have some suspicion that the maxim may be found, with probably a slight variation of expression, repeated in one of Burke's later tracts. But this is certainly its first appearance.

Sir Harris Nicholas, in his Chronology of History, p. 4., gives "annus Trabeationis" as one way in which the year of our Lord is designated in ancient documents. Would any of your readers favour me with the meaning of the word Trabeatio?

[Our correspondent will find, on referring to Mr. Hampson's useful work, Medii Ævi Kalendarium, vol. ii. s. v. Annus Trabentionis, "According to Du Cange, this is the year of the crucifixion—'Annus Trabeationis Christi (annus quo Christus trabi affixus est);' but according to L'Art de vérifier les Dates, it is the same as the year of the Incarnation." Mr. Hampson adds, "the import of the word is the year of the Crucifixion, and cannot well be reconciled with that of the Incarnation." But, upon referring to Du Cange, s. v. Trabeatio, our correspondent will find that Du Cange regards it as the year of the Incarnation—"Trabeatio autem, non a trabe, quà Crux intelligi posset, sed a trabea togæ species, deducitur"—quoting, as his authority for this interpretation, a sermon of St. Fulgentius on St. Stephen, in which he says, "Heri enim Rex noster Trabea carnis indutus."]

Sir,—Betterton's Instructions on the Art of Playing and Public Speaking, queried in your 5th Number, were pubished by the well-known dramatic critic, Charles Gildon, and form a portion of his Life of Betterton. As this work is little known, I shall quote the title at length:—"The Life of Mr. Thomas Betterton, the late eminent Tragedian, wherein the Action and Utterance of the Stage, Bar, and Pulpit, are distinctly considered; with the judgment of the late ingenious Monsieur de St. Evremond, upon the Italian and French Music and Operas, in a Letter to the Duke of Buckingham. To which is added, The Amorous Widow, or the Wanton Wife, a Comedy, written by Mr. Betterton, now first printed from the Original Copy. London, Printed for Robert Gosling, at the Miter, near the Inner Temple Gate in Fleet Street, 1710. 8vo." Gildon was intimately acquainted with Betterton, and he gives an interesting account of a visit paid to that great actor, the year before his death, at his country house at Reading. It was on this occasion that Gildon came into the possession of Betterton's manuscripts. Thirty-one years after the publication of Betterton's Life, Curll, the notorious bookseller, put forth a mutilated copy of the Instructions on Playing, in a work bearing the following title:—"The History of the English Stage, from the Restauration to the Present Time, Including the Lives, Character, and Amours, of the most Eminent Actors and Acresses; with Instructions for Public Speaking, wherein the Action and Utterance of the Bar, Stage, and Pulpit, are distinctly considered. By Thomas Betterton. London, Printed for E. Curll, at Pope's Head in Rose-Street, Covent Garden, 1741. 8vo." From this title it would appear (as indeed Curll wished it) that Betterton was the author of the entire work; but he is only accountable for the brief Instructions for Public Speaking, which, as before stated, were pillaged from Gildon.

Reverting to Colley Cibber's Lives, I beg to point out a curious and rare tract in connection with them, entitled, "A Brief Supplement to Colley Cibber, Esq.; his Lives of the Late Famous Actors and Actresses. By Anthony (vulgò Tony) Aston. Printed for the Author. 8vo. pp. 24." The copy now before me, which was Isaac Reed's, sold at his sale for 2l. 5s. It is reprinted in a literary journal called The Cabinet, and in Bell-chambers' excellent edition of Cibber's Apology.

Whilst on the subject of the stage, I should be glad if any of your correspondents could inform me what has become of "Dick Leveridge's History of the Stage and Actors in his own Time?" Leveridge himself informed Oldys that he had compiled such a work, and Oldys, with his usual care, noted the fact in one of his numerous memorandum books. I have been long engaged in a history of The Life and Times of Henry Purcell, and the said MS., if it could be recovered, would, without doubt, enlighten us much upon the subject of Purcell's career as a dramatic composer.

The "best piece" of Betterton, for which T. J. L. inquires (p. 68.), is contained in his Life, printed by Gosling, 1710; in fact, this is merely a vehicle to intriduce the treatise, the Life filling only from p. 5. to 11., and thus concluding:—"He was bury'd with great decency in Westminster Abbey."

My copy is dedicated to Richard Steele, Esq., by Charles Gildon, and has prefixed to it the beautiful portrait of Betterton, engraved by Vander Gucht, from Kneller's picture, and, at its close (but separately paged), "The Amorous Widow or the Wanton Wife, now first printed from the original copy," 1710. E.

A correspondent in Number 4., writes to inquire for information relative to the "names and birthplaces of incumbents of church livings prior to 1680, and the patrons of them."

It may slightly help his investigations to know that there is a Latin MS. in the British Museum, numbered Additional MSS. 12,483, with the title "Ecclesiastical Visitation of Hampshire and the Isle of Wight, held in March and April 1543, by Nicholas Harpisfelde, Official of the Archdeacon of Winchester," folio, containing the names of the incumbents and churchwardens of the livings in those counties.

The first appears to be Soham, in Cambridgeshire; described in Liber Eliensis as "terra de Saham, quæ est ad stagnum juxta Ely." Does "mare" stand for "stagnum," "palus," "mariscus," or our English "mere?" Can Portum Pusillum be Littleport, in the same country?

Sir,—Faber, in his work on the Waldenses, quotes Reinerius, in Biblio. Patrum. I have in vain looked in modern biographical dictionaries for any account of Reinerius, so am constrained to inquire of some of your readers, who and what he was, or to beg the favour of a reference to some accessible account of him. I think Faber says he was an inquisitor; and this is the extent of the information which I have been able to collect respecting him.

I wish also to inquire whether his work on Heretics (his only work, I presume) has been published in any other and more accessible form than that in which it was referred to by Faber; and, particularly, whether it has ever been translated into English.

I have often wished to know whether the tribunal of the Inquisition was ever established elsewhere in France than at Toulouse. Can any of your correspondents enlighten me on the point, and give me references in proof?

[The work of Reinerius Saccho was first published by the Jesuit Gretser in 1613, and has since been reprinted in the different editions of the Bibliotheca Patrum. It has never been translated into English.]

The following extracts from the Travels of Sir William Brereton may answer the inquiry respecting the ships called "Whelps":—

The name whelp was probably given them facetiously in reference to their designation as barks.

Your correspondent W. asks the etymon of "Cowley;"—probably "Cow leas," or Cow pasture. In ancient records it is written "Couelee." I have before me a survey or "extent" of the Hospitalers' lands in England, including those formerly belonging to the Templars. In this record, as in most that I have seen, it is written, "Templecouelee," and it is entered as a limb of the commandry of Saunford or Sandford.

Cowley or Coverley—Statistics of Roman Catholic Church—Whelps—Discovery of America.

I can answer pretty confidently the query II. in Number 4., p. 59., about the etymon of Cowley, for I have, on a farm of my own, two denominations of land, called Ox-ley and Cow-ley, and I believe that both these names are common all through England. Like Horseley, Ashley, Oakley and a thousand other leas or leys distinguished from each other by some local characteristic. Coverley was probably not Cowley, but, like Woodley, Orchardleigh, &c., derived from its local position.

In answer to the query as to the statistics of the Roman Catholic Church, p. 61. Number 4., I think I may say there is no such general work, though the Propaganda of Rome was said to register something of that sort. The information is only to be picked up from various and (as far as I know) all imperfect publications. The least so that I can just now refer to is the Statistics of the Roman Catholic Church of Ireland, in Thom's Dublin Almanack—a very curious and useful compilation.

In reply to the inquiry as to a priest's wife, p. 77. Number 5., I would suggest that married persons may have separated, and retired each into the celibacy of a convent, yet might join, when necessary, in a legal conveyance; but I should examine closely the word deciphered clericus.

To J.J., who inquires about "Whelps," and refers to Howell's Letters, sect. 5. p. 9., I beg leave to suggest more precision in his future references. The passage is in one (viz. the viii.) of the 42 letters of the 5th section; but in the last and best edition (Lond. 1754) it is p. 204. I note this to inculcate the necessity of accurate references and mention of the edition quoted. As to the query itself, I can answer that the "whelps" were a class, perhaps I might say a litter, of light men-of-war of the fifth rate, which were so called, perhaps, after one named the "Lion's Whelp," in Queen Elizabeth's navy, and distinguished by numbers, as "1st Whelp," "2nd Whelp," and so on to at least "10th Whelp," which is to be found in a list of the navy in 1651. She was of 180 tons, and carried 18 guns and 60 men. It seems not easy to account for this class of vessels having been rated so high as 5th rates, but I suppose they were a favourite and favoured class.

In reference to the discovery of America by Madoc, pp. 7. 12. 25. 57., it may amuse your readers to be informed that Seneca shadows forth such a discovery:—

"A vaticination," says the commentator, "of the Spanish discovery of America." It is certainly a curious passage.

QUERIES.

BERKELEY'S THEORY OF VISION VINDICATED.

In Mr. Dugald Stewart's Dissertation on the Progress of Metaphysical Philosophy he says of Lord Shaftesbury's work entitled Characteristics—

Can you or any of your readers do me the favour to inform me whether the tract here referred to has been included in any subsequent edition of the Bishop's works, and, if not, where it is to be met with?

DR. JOHNSON AND PROFESSOR DE MORGAN.

Mr. Editor,—Although your cleverly conceived publication may be considered as more applicable to men of letters than to men of figures, yet I doubt not you will entertain the subject I am about to propound: because, in the first place, "whole generations of men of letters" are implicated in the criticism; and, in the next place, because however great, as a man of figures, the critic may be, the man of letters criticised was assuredly greater.

Professor de Morgan has discovered a flaw in the great Johnson! and, in obedience to your epigraph, "when found make a note of it," he has made a note of it at the foot of page 7, of The Companion to the Almanac for 1850,—eccola:—

Certes, I for one, plead guilty to staring, and wondering what the Professor is talking about.

I cannot for a moment imagine it possible, that he could base such a criticism, so announced, upon no better foundation than that mere verbal transposition of the words Englishman and Frenchman.

The inversion deceives no person, and it is almost more appropriate to the colloquial jocularity of the great Lexicographer's bombast than if the enunciation had been more strictly according to rule. Besides, the correctness of the expression, even as it stand, is capable of defence. Let the third and fourth terms be understood as referring to time instead of to power, and the proportion becomes "as three to sixteen hundred, so is" (the time required by) "an Englishman to" (that required for the same work by) "a Frenchman."

Or, if natives be referred to in the plural,—then, as three to sixteen hundred, so are

But I repeat that I cannot conceive a criticism so trifling and questionable can have been the true aim of professor de Morgan's note, and as I am unable to discover any other flaw in the Doctor's proportion, according to the premises, my query, Mr. Editor, has for its object to learn

CARACCIOLLI'S LIFE OF LORD CLIVE.

Sir,—Can you, or any of your readers, give me any information relating to Caraccioli's Life of Lord Clive? It is a book in four bulky octavo volumes, without date published, I believe, at different periods, about the year 1780—perhaps some years later. It enjoys the distinction of being about the worst book that was ever published. It bears, on its title-page, the name of "Charles Caraccioli, Gent." A writer in the Calcutta Review, incidentally alluding to the book, says that "it is said to have been written by a member of one of the councils over which Clive presided; but the writer, being obviously better acquainted with his lordship's personal doings in Europe than in Asia, the work savours strongly of home-manufacture, and has all the appearance of being the joint composition of a discarded valet and a bookseller's hack." The last hypothesis appears very probable. Internal evidence is greatly in its favour. Can any of your readers tell me who was "Charles Caraccioli, Gent.,"—when the atrocity which bears his name was published,—or any thing about the man or his book? Probably some notice of it may be found in the Monthly Review, the Gentleman's Magazine, or some other periodical of the last century. The writer, indeed, speaks of his first volume having been reviewed with "unprecedented" severity. Perhaps you can help me to the dates of some notices of this book. The work I believe to be scarce. The copy in my possession is the only complete one I have seen; but I once stumbled upon an odd volume at a book-stall. It is such a book as Lord Clive's family would have done well in buying up; and it is not improbable that an attempt was made to suppress it. The success of your journal is greatly dependent upon the brevity of your correspondents; so no more, even in commendation of its design, from yours obediently,

ON SOME SUPPRESSED PASSAGES IN W. CARTWRIGHT'S POEMS.

As I want my doubts cleared up on a literary point of some importance, I thought I could not do better than state them in your "NOTES AND QUERIES."

I have before me a copy of the not by any means rare volume, called Comedies, Tragi-Comedies, with other Poems, by Mr. William Cartwright, 8vo. 1651, with the portrait by Lombart. Though the book may be called a common one, I apprehend that my copy of it is in an uncommon state, for I find in it certain leaves as they were originally printed, and certain other leaves as they were afterwards substituted. The fact must have been that after the volume was published by H. Moseley, the bookseller, it was called in again, and particular passages suppressed and excluded.

These passages are three in number, and occur respectively on pp. 301, 302, and 305; and the two first occur in a poem headed "On the Queen's Return from the Low Countries," an event which occurred only shortly before the death of Cartwright, which took place on 23d Dec. 1643.

This poem consists, in my perfect copy, of eight stanzas, but two stanzas are expunged on the cancelled leaf, viz. the second and the fifth; the second runs as follows:—

The queen landed at Burlington on 22nd Feb. 1642, so that Cartwright may have written what precedes; but how could he have written what follows, the fifth stanza of the poem, which mentions an event that did not occur until six or seven years afterwards?

Hence arises my first question—if Cartwright were not the author of this poem, who was? Although Izaac Walton, Jasper Mayne, James Howell, Sir John Birkenhead, and a host of other versifyers, introduce the volume with "laudatory lays," we are not to suppose that they meant to vouch for the genuineness of every production therein inserted and imputed to Cartwright. Was the whole poem "On the Queen's Return" foisted in, or only the two stanzas above quoted, which were excluded when the book was called in?

The next poem on which I have any remark to make immediately succeeds that "on the Queen's Return," and is entitled "Upon the Death of the Right Valiant Sir Bevill Grenvill, Knight," who, we know from Lord Clarendon, was killed at Lansdown on 5th July, 1643, only five months before the death of Cartwright, who is supposed to have celebrated his fall. This production is incomplete, and the subsequent twelve lines on p. 305, are omitted in the ordinary copies of Cartwright's Comedies, Tragi-Comedies, with other Poems:—

"You now that boast the spirit, and its sway,

Shew us his second, and wee'l give the day:

We know your politique axiom, Lurk, or fly;

Ye cannot conquer, 'cause you dare not dye:

And though you thank God that you lost none there,

'Cause they were such who liv'd not when they were;

Yet your great Generall (who doth rise and fall,

As his successes do, whom you dare call,

As Fame unto you doth reports dispence,

Either a —— or his Excellence)

Howe'r he reigns now by unheard-of laws,

Could wish his fate together with his cause."

It is clear to me, that these lines could not have been written in 1643, soon after the death of Sir B. Grenvill; and, supposing any part of the poem to have come from the pen of Cartwright, they must have been interpolated after the elevation of Cromwell to supreme power.

I have thrown out these points for information, and it is probable that some of your readers will be able to afford it: if able, I conclude they will be willing.

It may be an error to fancy that the copy of Cartwright now in my hands, containing the cancelled and uncancelled leaves, is a rarity; but although in my time I have inspected at least thirty copies of his Comedies, Tragi-Comedies, with other Poems, I certainly never met with one before with this peculiarity. On this matter, also, I hope for enlightenment.

Do the stanzas "on the Queen's Return" and the lines on the Death of Sir B. Grenvill exist in any of the various collections of State Poems?

MINOR QUERIES.

I take the word to be Christencat; but its two parts are so divided by the position of Christen at the end of one line, and catte at the beginning of the next as to prevent it from being certain that they form one word. But I would gladly learn from any of your correspondents, whether the name of Christencat, or Christian-cat, is that of any bishop personified in the Old Moralities, or known to have been the satirical sobriquet for any bishop of Henry VIII.'s time. The text would suggest the expectation of its occurring either in More's Utopia, or in his Supplication of Souls, but I cannot find it in either of them.

Sir,—I shall feel obliged to any of your readers who will refer me to an hexameter line in the authorised English version of the Old Testament.

NOTES ON BOOKS—CATALOGUES, SALES, ETC.

The extraordinary collection of the works of Daniel Defoe formed by Mr. Walter Wilson, his biographer, which at his sale realised the sum of 50l., and which had been rendered still further complete by the addition of upwards of forty pieces by the recent possessor, when sold by Messrs. Puttick and Simpson, on Wednesday, the 5th instant, produced no less than 71l. Mr. Toovey was the purchaser.

The Shakspeare Society have just issued a very interesting volume, the nature of which is well described by its ample title-page:—

Many particulars in the memoir are new in the biography of the great architect. Mr. Planché's too brief Remarks on the Costume make us join with Mr. Collier in regretting that he did not extend to all the plates "the resources of his attainments and talents;" while the five masques and the general preface, contributed by Mr. Collier, form by no means the least valuable portion of a volume which cannot fail to give satisfaction to all the members of the society by which it is issued.

Mr. Kerslake, of Bristol, has just issued a small Catalogue of Books bought at Brockley Hall, and some which formerly belonged to Browne Willis, which contains some interesting articles, such as No. 222., M'Cormick's Memoirs of Burke, with numerous MS. notes throughout by J. Horne Tooke; the first edition of Wit's Recreation, 1640, with a MS. note by Sir F. Freeling:—"I have never seen another perfect copy of the first edition." That in Longman's Bib. Ang. Poetica, wanted frontispiece and 4 leaves, and was priced 7l. 7s.

Messrs. Puttick and Simpson, who have during the present week been selling the curious Dramatic Library, printed and manuscript, and the theatrical portraits of the late Mr. James Winston, will commence, on Monday, the sale of Mr. Mitchell's Collection of Autograph Letters. The most interesting portion of these are eight-and-forty unpublished letters by Garrick, among which is one written to his brother Peter, commenced on the day on which he made his appearance on the London boards and finished on the following. In it he communicates his change of occupation to his brother, premising that since he had been in business he had "run out four hundred pounds, and found trade not increasing," and had now begun to think of some way of redeeming his fortune. "My mind (as you know) has always been inclined to the stage; nay, so strongly so, that all my illness and lowness of spirits was owing to my want of resolution to tell you my thoughts when here.... Though I know you will be displeased with me, yet I hope when you shall find that I may have the genius of an actor without the vices, you will think less severe of me, and not be ashamed to own me for a brother." He makes an offer as to the transfer of his business, stock, &c. "Last night I played Richard the Third to the surprise of every body; and as I shall make very near 300l. per annum of it, and as it is really what I doat upon, I am resolved to pursue it." In a postscript, he adds, "I have a farce (The Lying Valet), coming out at Drury-lane." And his progress in his new profession is shown in another letter, addressed also to his brother Peter, on the 19th of April following, in which, after mentioning some affairs of business connected with their wine trade, he says:

The whole collection forms, indeed, a curious and new contribution towards the biography of that distinguished actor.

BOOKS AND ODD VOLUMES

JUGEMENS DES SAVANS SUR LES MAÎTRES DE L'ELOQUENCE. Vols. I. and II. 12mo. Paris, 1719. Vellum.

*.* Letters, stating particulars and lowest price, carriage free, to be sent to Mr. BELL, publisher of "NOTES AND QUERIES," 186. Fleet Street.

NOTICES TO CORRESPONDENTS

COMMUNICATIONS RECEIVED.—T.H.T.—L.C.R. —Alicui.—W.J.B.—F.E.B.—Trebor. —[Greek: d].—F.E.M.—D.—W. D.—W. Robson.—A.T.—A.T.H.—A.D.J.I.— Eliza Caroline.—P.H.J.—S.H.—Oxoniensis —G.H.B.—G.B.—E.N.—A.W.F. —A.G.—J.M.T.—S.—Melanion.—F. —R.G.

AUCTOR.—We quite agree with our Correspondent that such contributions as that of BETA in No. 5., entitled "Prison Discipline and Execution of Justice," illustrate the manners and customs of the olden times far better than a whole volume of dissertations; and we gladly adopt his suggestion of inviting similar communications.

W.—We are happy to be enabled to inform our Correspondent that the Index to the Quarterly Review, Vols. LX. to LXXX. is to be published in February.

W.H.—The transcript kindly forwarded appears to be part of a copy of one of the Anonymous MS. Journals used by Sir Simonds D'Ewes in the compilation of his Journals of all the Parliaments of Elizabeth. Lond. Folio. 1682. It is all substantially in D'Ewes, and generally speaking it is there verbatim.

Many Notes, Queries, and Answers to Queries, which are in type, are unavoidably postponed until our next Number.

A neat Case for holding the Numbers of "NOTES AND QUERIES" is now ready, price 1s. 6d., and may be had by Order, of all Booksellers and Newsmen.

Edited by various hands, under the direction of GEORGE LONG, Esq., M.A., late Fellow of Trinity College, Cambridge, Classical Lecturer of Brighton College; and the Rev. ARTHUR JOHN MACLEANE, M.A., Trinity College, Cambridge, and Principal of Brighton College.

Early in the ensuing year will be commenced a Series of the Greek and Roman Authors, carefully edited with English Notes, on a uniform plan. The series will be especially adapted to the wants of students in the higher forms of public schools and at the universities, and will embrace, in the first instance, those works which are usually read in the course of a classical education.

The works will be edited by various hands; and, to secure uniformity and consistency in execution, the series will be under the united management of Mr. Long and Mr. Macleane.

The first volume will be ready early in 1850. The subsequent volumes will be published at intervals, as regularly as may be found practicable, at the rate of four or five volumes in the year.

The following works are undertaken by the gentlemen whose names are set opposite:—

The undermentioned volumes are already in progress, and are expected to appear during 1850-1: —

Each work will be sold separately; but, as the Publishers expect that they will be enabled to extend the series until it shall approximate to a complete collection of the Greek and Latin Classics, and as they have reason to think that such a collection would be found an acceptable addition to all public and private Libraries, they hope to receive the names of persons who are willing to give encouragement to the scheme, as Subscribers to the entire Series.

BOOK-BUYERS. There are some very cheap and good library books, purchased during the last month, in Part VII. for 1849 (out to-day) of JOHN RUSSELL SMITH'S Catalogue. It may be had gratis on application, or sent by post on receipt of a postage label. 4, Old Compton Street, Soho, London.

A CHROMO-LITHOGRAPHIC DRAWING OF THE PAINTED CEILING IN THE NAVE OF PETERBOROUGH CATHEDRAL, coloured as in the original, by G. STRICKLAND. This curious relic of Ecclesiastical Decoration of The Twelfth Century is considered to be the finest specimen of its character and period in Great Britain; it is in a high state of preservation and no representation of it exists. The Drawing is six feet long, and its details all bear the same relative proportions as the original.

On a large sheet, price 7s. 6d. plain, 15s. richly coloured; in case, 10s. 6d. plain, 18s. coloured.

A CHART OF ANCIENT ARMOUR FROM THE ELEVENTH TO THE SEVENTEENTH CENTURIES: containing Eighteen Figures, with a Description and a Sketch of the Progress of European Armour. By JOHN HEWITT.

RELIQUES OF ANCIENT ENGLISH ARCHITECTURE. From Drawings by JOHN JOHNSTON, Architect, F.S.A. Lithographed by ALFRED NEWMAN.

This work is intended to embrace a series of examples of Ecclesiastical, Collegiate, and Domestic Architecture. It will be completed in twenty monthly parts, at 3s. plain, 4s. tinted. 12 Parts are now published. Published by GEORGE BELL, 186. Fleet Street, (continued).

GOTHIC ORNAMENTS; being a Series of Examples of Enriched Details and Accessories of the Architecture of Great Britain. Drawn from existing Authors. BY JAMES K. COLLING, Architect.

The particular object of this work is "to exhibit such a number of examples of foliage and other ornamental details of the different styles as clearly to elucidate the characteristic features peculiar to each period; and drawn sufficiently large in scale to be practically useful in facilitating the labours of the architect and artist."

The first volume consists of 104 Plates—nineteen of which are highly finished in colours. The second volume, which will complete the work, is now in progress, and will be completed early in 1850.

THE HISTORY and ART of WARMING and VENTILATING ROOMS and BUILDINGS. With Notices of the Progress of Personal and Fireside Comfort and of the Management of Fuel. By WALTER BERNAN, C.E.

ILLUSTRATIONS OF THE TRAGEDIES of ÆSCHYLUS and SOPHOCLES, from the Greek, Latin, and English Poets, with an Introductory Essay by J. F. BOYES, M. A., St. John's College, Oxford.

A few Copies of the ILLUSTRATIONS of ÆSCHYLUS may still be had separately, price 9s. Also Copies of PARTS II. and III. to complete Sets, price 3s. each.

Printed by THOMAS CLARK SHAW, of No. 8 New Street Square, at No. 5, New Street Square, in the Parish of St. Bride, in the City of London; and published by GEORGE BELL, of No. 186, Fleet Street, in the Parish of St. Dunstan in the West, in the City of London, Publisher, at No. 186 Fleet Street aforesaid.—Saturday, December 15. 1849.

*** END OF THE PROJECT GUTENBERG EBOOK NOTES AND QUERIES, NUMBER 07, DECEMBER 15, 1849 ***

Updated editions will replace the previous one—the old editions will be renamed.

Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution.

START: FULL LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license.

Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works

1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that:

• You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.”
• You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.
• You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.
• You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org.

Section 3. Information about the Project Gutenberg Literary Archive Foundation

The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact

Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation

Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support.

Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition.

Most people start at our website which has the main PG search facility: www.gutenberg.org.

This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.

The Project Gutenberg eBook of Notes and Queries, Number 07, December 15, 1849

NOTES AND QUERIES:

A MEDIUM OF INTER-COMMUNICATION FOR LITERARY MEN, ARTISTS, ANTIQUARIES, GENEALOGISTS, ETC.

"When Found, make a note of."—Captain Cuttle.

CONTENTS.

MARRIAGE CONTRACT OF MARY QUEEN OF SCOTS AND THE EARL OF BOTHWELL.