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take off his shirt or stockings, or put on his night- obvious reasons I abstain from “naming names,” cap, without the personal aid of a posse comitatus and confine myself to cases connected with my of aristocrats. No wonder the king delighted to own family. get away to his mistress, where all sorts of people 1st. I may mention my own; neither my grandassembled, and he sat sans façon with them under father nor my father assumed the name of Vere, the presidency of the Mailly, Châteauroux, Pom nor did I in the earlier years of my life. Soon padour, or Barry. Voltaire was a guest. Pompa- after I attained my majority, in looking over our dour gave him a place at court worth 60,000 charters I found one which contained an injunction livres in cash; which he sold, with the king's that we should take that name. As it was fenced consent, retaining the title “Gentilhomme de la with no legal penalty, it had been disregarded. It Chambre" (Capef. 177).
was, however, connected with a rather romantic Du Barry (not Barri) was twenty-four when incident, which was the cause of our acquiring presented five years before the king's death, pre our property, and in consequence I thought it maturely old, at sixty-four. She is known to us wrong to omit it, although I was not legally only through the Duc de Choiseul, who was dis- bound to adopt it. The only step I took was appointed in endeavouring to put the sceptre of simply to add Vere to my usual signature, and the mistress” into the hands of his sister, the the addition was at once recognised, and I not Duchess de Grammont (Capef. 365). Her birth- only appeared professionally in court, but signed place was the same as that of the Maid of Orleans warrants as a magistrate with the addition, and (Vaucouleurs), and name Lange. She was hand no objection was ever made. The only difficulty some; and her enemies, with intended ridicule, I ever had (and it was a very slight one) was said that she, as mistress of the king, looked like when the roll of the University Court of Edina little girl going to her first communion. She burgh was made up, on which occasion all I had gave good and firm counsel to the king in poli- to do was to procure a letter from one of the protics. When Marie-Antoinette, on her marriage fessors under whom I had studied, to the effect with the dauphin, ascertained that Du Barry's that the claimant, George Vere Irving, was the office at court was to divert the king, she said, same person who had attended his classes as “with a charming grace,” that thenceforward she George Irving: would be Du Barry's rival (id. 368). Louis XV. 2nd. One of my uncles married an heiress in took the smallpox (the cause of his death) at the her own right, who lived but a short time, while Parc-aux-Cerfs from an old man—horresco re- he survived to a very advanced age. It was only ferens.! The clergy called him to account on when searching his repositories after his death his death-bed, after condoning at confession the that I found an old card-plate, and became aware king's long life of profligacy; and yet“ Louis XV that, during their brief union, he had adopted n'avait cessé d'être profondément religieux” (id. her name, which during the quarter of a century in 400). After the death of Louis XV., Du Barry which I knew him he never used. sacrificed all her diamonds and her fortune to Under the Act of 1867, to which C. C. refers, Marie-Antoinette and the Duc de Brassac, of there is of course an easy process of recording the whom she was passionately fond.
change in the Lyon's Office, which may be useful,
T. J. BUCKTON. but formerly an application there was not required Streatham Place, $.
unless an addition to the arms was desired. No such application was necessary in my own case, for the simple reason that a previous grant of the
Lord Lyon combined both the Irving and Vere ASSUMPTION OF A MOTHER'S NAME.
arms on our shield. (3rd S. xii. 66, 111.)
I must own that, although I have made the As a Member of the Faculty of Advocates I authority in the Corpus Juris for Mr. BUCKTON'S
Civil Law my especial study, I can find no can fully confirm C. C.'s statement that a person statement that a mother might retain her maiden in Scotland may change his surname as often as it suits his fancy. The only difficulty he will choose between that and his paternal one.
name, and that the son of the marriage might
But experience is, that on rare occasions he may have in the Civil Law the question is so mixed up with formally to prove his identity.
I could mention families who, within the recol- points relative to the Patria Potestas and to the lection of the last and present generation, have questions as to the proper surname become most
rules regulating Adoption and Legitimation, that more than once changed their surnames for no
complicated. cause whatever but that of euphony; but for
The 32nd section of the Registration Act for * “ Scelus expendisse merentem ! L'âme foible et
Scotland, 17 & 18 Vict. c. 80 provides for a change in vacillante de Louis XV ne résistoit à aucun vice.”.
the pre as well as the surname under certain condiSismondi, xxix. 497.
tions. The following sections up to 37 may also
be consulted with advantage by anyone interested man, stud-groom, or trainer, to a Duke of Beaufort. in the matter. GEORGE VERE IRVING. His fertility was truly amazing. I have some soft
ground etchings by him, dated long anterior to All your correspondents seem to dwell on a 1822, and illustrating the once favourite sport of supposed necessity of advertising the assumption bull-baiting. The idea of his fertility, however, of a different name. I dispute that any such is might be factitiously enhanced if we neglected to necessary. A friend of mine who assumed another bear in mind this fact: that he left two or three name many years ago, never did anything further sons, all artists, and all sporting artists, and who, than do so and tell his friends.
for the last thirty or forty years, have been incesThe mere fact of advertising gives no better santly painting, lithographing, aquatinting, and legal status, and is in my opinion a useless ex- etching for the sporting publishers and for private pense, and sometimes a source of more annoyance patrons of the turf
. The eldest son, Henry Alken, than the original name. For example, if Mr. I knew about fifteen years since, and in conjuncNorfolk Howard had quietly assumed that name, tion with him I engraved on steel a panoramic it would not at present stand as a nickname for a view of the funeral procession of the great Duke little animal whose cognomen he originally bore. of Wellington, which was published by the wellAn attorney cannot alter his name without leave known but now defunct firm of the Brothers of the court, or special license. Neither, I should Akermann. Their premises, 96, Strand, are now presume, can a barrister. RALPH THOMAS. occupied by Mr. Rimmel, the perfumer. This
funeral was a very huge, costly, ugly work, con
taining many thousands of figures. The soldiers, "ALBUMAZAR” (3rd S. ix. 178.)—I did not in- footmen, and undertakers' men fell to my share, tend to take any part in the controversy respecting while Henry Alken engraved the horses and carthe authorship of this play, but a parenthetical riages. It was published, I think, early in 1853, remark by MR. INGALL, that “Mr. Tomkis was
and has so much of curiosity about it, that of the paid in 1815 for making a transcript of it” (3rd S. military uniforms depicted, scarcely, one now rexii. 136), induces me to send the following note, mains in the wardrobe of Her Majesty's forces. written a year ago.
Epaulettes, “scales," waist-sashes, black scabThe authorship of this play has not been as
barded swords, hussars' pelisses, swallow-tailed signed to Mr. Tomkis, as H. I. asserts, “ because a coatees, have all disappeared, and our infantry sum of money was paid to him (in 1615) for and cavalry are now attired after the fashion of making a transcript of it,” for till I sent him an
Prussians and Bavarians.
Ex-AQUATINT. extract from our Senior Bursar's book a year or two since, no one had ever heard of this payment. THE LATE REV. R. H. BARIAM (3rd S. xii. 79.)
The extract is from the “Extraordinaries” for The piece alluded to is as follows: the year 1615, and is as follows:
“RICH AND POOR; OR, SAINT AND SINNER. " Item, given Mr Tomkis for his paines in penning and
BY PETER PEPPERCORN, M.D. ordering the Englishe Commedie at or Mrs appoyntm', xx"."
“ The poor man's sins are glaring From the use of the word penning I infer that
In the face of ghostly warning; Mr. Tomkis was the author, and not the tran
He is caught in the fact
Of an overt act, scriber of the comedy. There are several entries of
Buying greens on a Sunday morning. payments for transcribing, but in this case it is
“ The rich man's sins are under invariably "for coppieing" or "for writing,” never The rose of wealth and station ; “for penning.”
And escape the sight Thomas Tomkis, Tomkys, Tompkis, or Tompkys,
Of the children of light, was a fellow of Trinity College, Cambridge. His
Who are wise in their generation. name first appears among the major fellows in
“ The rich man hath a cellar,
And a ready butler by him ; 1604, and disappears after 1610; from which I
The poor man must steer conclude that he was a layman, and vacated his
For his pint of beer fellowship in consequence of not taking orders.
Where the Saint cannot choose but spy him. He took the degree of B.A. in 1600, and of M.A.
“ The rich man's well-stor'd book-shelves in 1605. There is no evidence that his name was
Supply his Sabbath reading ; ever written “Tomkins," and therefore I fear
But the poor man's 'Spatch there is no ground for identifying him with John
Is the print of Old Scratch, Tomkins, the organist of St. Paul's.
And to sure damnation leading! WILLIAM ALDIS WRIGHT. " The rich man hath his carriage Trin. Coll. Cambridge.
At hand for Sunday riding;
If the poor man start HENRY ALKEN, ARTIST (3rd S. xi. 516.)–Old
The same road in his cart, Henry Alken was originally, I think, either hunts
'Tis an infamy past abiding !
“ The nasal twang of Moses *
were rated as classici, or men of the highest class in Is the song of the Saints in glory;
literature; just as in English we say “men of rank,' But the hymn of the lark
absolutely, for men who are in the highest ranks of the O'er the open park
state." Tells a very different story!
The proper use of the word in question is no “ The rich man's close-shut windows
more restricted to literature than (as some supHide the concerts of the Quality ; The poor can but spare
pose) in literature it is contined to the dead A crack'd fiddle in the air,
languages. Which offends all sound morality.
Its use is perfectly legitimate in all the fine “ The rich man is invisible
arts, and consequently in that one to which your In the crowd of his gay society;
correspondent more especially refers, viz. music. But the poor man's delight
I should say he is quite safe in applying the term Is a soil in the sight,
to the works of all the old masters such as And a stench in the nose of piety."
Haydn, Glück, Mozart, Handel, &c.—whose works Such is the poem. I perhaps wrote too hastily have been approved by the verdict of their posin my last note." All I would insist upon is, terity. With regard to the productions of conthat the same signature was appended to the temporary composers, it must be a matter of parody on the burial of Sir John Moore as was individual taste to a great extent; and as we appended to “Rich and Poor," and therefore we know, de gustibus, &c., we shall often have to agree may presume that they came from the same pen. to differ.
W. A. PART. But the signature of " Peter Peppercorn, M.D.” Manchester. may have been used by more than one facetious writer in The Globe.
CAMPBELL'S “HOHENLINDEN" (3rd S. xii. 22.)-I
do not desire to argue the question whether or not CLASSIC (3rd S. xii. 65.) — This word is used as Campbell's use of the trisyllable was a puerility, classicus, from classis, a class or rank of citizens but I protest against MR. KEIGHTLEY's suggestion according to their estate and quality, which was that resting-place would better express the poet's again divided into centuries (Livy, i. 41); also a idea than sepulchre, which the poet has used to form in schools—"Cum pueros in classes distri- express his idea. Campbell, I believe, was a buerant” (Quint. i. 2). "But it is spoken kar' pains-taking writer, and did not allow his works egoxív, of the superior class or classes of authors; to go forth to the world without due attention to and although at grammar schools and colleges it their polish, and therefore it may be presumed is chiefly confined to the best Latin and Greek that he was satisfied with the word he has given writers, yet in the general use of the public it us; justly, too, I think, for it appears to me the applies to the best authors in other languages as substitution of resting-place for sepulchre would well which have attained a high degree of cul- effect a commonplace, even a platitude. The tivation, the Italian, French, Spanish, German, author's object was clearly to raise a horror in the English, &c. The term classic, as applied to first reader's mind, and for that purpose he made use rate authors, necessarily implies inferior grades. of the dreary and solemn word sepulchre: In Latin, for instance, there are four: atas aurea,
“... a soldier's sepulchre”! ætas argentea, etas enea, and ætas ferrea. The term classic in music would, according to the
“A soldier's resting-place” would convey rather above usage, apply to all the great masters of
a pleasing sense of repose than the horrors of a composition, each eminent in his department: as,
miserable death in the cold snow, and would, I in the golden age of Latin, Plautus, Lucretius, humbly suggest, be an anticlimax to the first two Cæsar, Cicero, Virgil, &c., each eminent in various
lines quoted by Mr. KEIGHTLEY. kinds of composition. T. J. BUCKTON.
JAMES KNOWLES. Streatham Place, S.
Smith QUERIES (3rd S. xii. 67.)--Captain John In order to answer your correspondent's query, Smith was born at Willoughby in Lincolnshire, it is necessary to explain what is the origin of the but was descended (so states Chalmers in his term classical. I do not know that this can be Biographical Dictionary) from the Smyths of better done than in the words of De Quincey Cuerdley. Some account of his descent may pos
“ The term classical is drawn from the political sibly be given in the history of the early part of economy of ancient Rome. Such a man was rated as to his life, published by himself in 1629, at the rehis income-as in the third class, such another in the quest of Sir Robert Cotton, intitled The true fourth, and so on; but he who was in the highest was said emphatically to be of the class-classicus, a class
Travels, Adventures, and Observations of Captain man, without adding the number, as in that case super
John Smith, which is preserved in the second fluous. Hence, by an obvious analogy, the best authors volume of Churchill's Collections. An interesting
life of him is given in Anecdotes of Eminent Per* ? The parish clerk.-S. J.
sons, 1804, vol. ii., but nothing is there said of his
ancestors. Chalmers mentions a MS. life of Smith, May I ask, why in modern times we assign four by Henry Wharton, in the Lambeth library. legs to the dragon, since in all mediæval exam
H. P. D.
ples it possesses only two? Even the Great Seal DENDRENNAN ABBEY (3rd S. xii. 69.) – Allow of the Order of the Garter shows a four-footed me to correct an error in Mr. SEMPLE'S communi- dragon in conflict with St. George. M. D. cation regarding this most interesting ruin, as it LINES ON THE EUCHARIST (3rd S. xii. 76.) – might seriously inconvenience visitors to the beau
“ 'Twas God the word that spake it, &c. tiful scenery and scenes of historic interest in the
(Christ was the word that spake it),” Stewartry of Kirkcudbright. The abbey is more than double the distance
are usually ascribed to Anne Askew, not Queen Elizabeth.
W. from the pleasant burgh of Kirkcudbright than what he states on the authority of Spottiswood. Mrs. LAWRENCE, OF LIVERPOOL (3rd S. xii. 91.) As the crow flies it is as nearly as possible five I never heard this lady mentioned as the authoress miles, and at least a mile farther by the nearest of the works bearing the date 1821-namely, road.
Saul from Alfieri, and Jephtha’s Daughter, a drama. I have been told, although I never attempted Indeed, the fact that the publication referred to the route myself, that the easiest access to it was designed for the benefit of the Bible Society, from the south is by a cross road from Castle would perhaps warrant me in giving a negative Douglas.
GEORGE VERE IRVING. answer to the query of your correspondent. FAMILY OF FISHER, ROXBURGHSHIRE (2nd S.
A son of Mr. Lawrence (now deceased) was for vii. 394.)
Your correspondent Sigma THETA many years a Liverpool clergyman, and another will find some interesting information in Wade's
son now resident at that place was mayor of the History of Melrose Abbey, Edinburgh, 1861, borough during the visit of Sir Robert Peel, which pp. 61, 79, 264, and 354. Allow me to remark took place, I think, a year or two before the un
C. that “Sorrowlersfield” should be “Sorrowless timely death of the great statesman. field," anent the origin of which name there is a NEEDLE'S EYE (3rd S. xi. 254.) - The equivalent note at p. 265.
J. MANUEL. to the Hebrew "needle's eye,” as applied to the Newcastle-on-Tyne.
smaller entrance to a city for foot passengers ad"LEO PUGNAT CUM DRACONE” (3rd S. xii. 45, joining the larger one for camels
, horses, and 36.) - At a meeting of the Archæological Insti- asses, is the “ needle's ear” in Arabic, having the tute, held June 5, 1857, an impression from a same meaning (Koran, vii. 38). In India the exmatrix of pointed oval form, with the device of a pression an elephant going through a little lion in conflict with a dragon, and the above door,” or “ through the eye of a needle,” is prolegend, was exhibited by Mr. Arthur Trollope, the
verbial. The Jews also use the latter phrase — matrix having been dug up near Peterborough:
“Perhaps thou art one of the Pombeditha (a date the fourteenth century. In the Sigilla An- Jewish school at Babylon) PNP729127 Syys, tigua of the Rev. G. H. Dashwood (vol. i. pl. 4), who can make an elephant go through the eye of an engraving is given of a similar device and a needle ?” See Lightfoot, Schoettgen, Kuinoel, legend (but in a circular form) as existing amongst and Kitto, on Matt. xix. 24. Whether ear or eye the muniments of Sir Thomas Hare, Bart. at is used, both words mean primarily the hole Stowe-Bardolph. It is appended to a deed of the through which a thread passes. Notwithstanding time of Henry III.
Bochart, there is no authority for putting a cable I do not possess either of the above examples, in the place of a camel.
T. J. BUCKTON. but I have in my collection of medieval seals
Streatham Place, S. one which places beyond a doubt the right interpretation of the allegory. It bears the legend COURTS OF QUEEN'S BENCH AND EXCHEQUER
VICIT LEO DE TRIBV IVDA (Æ?)," and the lion is (3rd S. xii. 90.) — When the ancient office of Jushere depicted couchant in the upper part of the ticiarius Angliæ was abolished in the reign of seal, whilst the dragon is shown below alive, but Henry III., his principal duties were transferred apparently supplicating. It is an impression from to the Chief Justice of the Court of King's Bench. the seal of Sir William le Buttiller, Baron of Among them was the management of the royal Warrington, attached to a charter of the date revenue. Thus, in the event of a vacancy in the 17 Edward III.
office of Chancellor of the Exchequer, the Chief I have five other examples of the conflict be- Justice takes his place, or rather receives its seal, tween the lion and dragon, but they afford no for he is not expected to perform any other than explanation of the allegory. Two are respec- its formal duties. Lord Mansfield held the seal tirely the seals of Gervase de Brandicourt and of Chancellor of the Exchequer twice, once during Godfrey de Plateau; the legends of the others the three months' vacancy occasioned by the rebeing illegible.
moval of Mr. Legge, and again on the death of
the Hon. Charles Townshend; and Lord Ellen QUOTATIONS WANTED (3rd S. xii. 91.) - The borough on the death of Mr. Pitt held the same first passage inquired after by MR. BOUCHER is office till the new ministry was appointed. (Foss's an inaccurate version of the concluding lines of Judges of England, vol. viii. pp. 321, 344.) I am the 71st stanza, canto II. of Childe Harold :not aware that the custom has been since
“ Each Palikar his sabre from him cast, abolished.
And bounding hand in hand, man linked to man, With regard to H. C. L.'s second question, the Yelling their uncouth dirge, long danced the kirtled following passage from the same authority may be
clan." quoted (Foss, vol. viii. p. 84):
RUSTICUS. " When the Court of Exchequer sat in Equity, the
“ Qui me amat, amat et canem meum."-S. Bern. in Chancellor of the Exchequer was constitutionally Chief
Fest. S. Mich., Serm. I. $ 3. Judge; and on the day of his being sworn into office he takes his seat on the bench, and some motion of course is “ Inter seculares nugą nugæ sunt; in ore sacerdotis made before him. In 1732, whilst Sir Robert Walpole blasphemiæ.”—S. Bern. De Consid., 1. 2. c. 13. held the office, he heard a cause in which Chief Baron Reynolds and Baron Comyns were of one opinion, and
“ Da, Pater, augustam menti conscendere sedem," &c.Barons Carter and Thomson were of the contrary, and in
Boët., 1. 3, met. 9. a learned speech gave his decision. In 1735 an equal
Q.Q. division of the ordinary court obliged him to pursue the same course."
“ Bonæ leges malis ex moribus procreantur," In 1841 the Equity jurisdiction of the Court of stands thus in Macrobius :Exchequer was abolished.
D. S. “ Vetus verbum est; Leges, inquit, bonæ ex malis I beg leave to refer R. C. L. to the first edition xvii. (or in some editions lib. ii. cap. xiii.) § 10.
moribus procreantur.” — Macrobii Saturn., lib. iii. cap. of Haydn's Book of Dignities, p. 167, where he will find his query fully answered; and particu- cognitos esse quam remedia eorum, sic cupiditates prius
[Cf. Liv. xxxiv. 4, 8: "Sicut ante morbos necesse est larly to the foot-note, where it is shown that in
natæ sunt quam leges quæ iis modum facerent"; Tacit. six instances-beginning in 1721 and ending in Annal. iii. capp. 26 et 27: “quorum finis est; et corrup1834—the Lord Chief Justice of the King's Bench tissima re publica plurimæ leges"; et xv. 20: “Usu held the office of Chancellor of the Exchequer till probatum est leges egregias, exempla honesta, apud bonos a formal appointment to it was made by the
e. delictis aliorum gigni.”—Macrobii Opera, ed. Lud.
Janus, vol. ii. p. 338. ] Crown. The reason of this is also there ex
Anox. plained-viz. that writs and other process issuing from the Court of Exchequer require to be sealed
If W. R. S. inquires for any metrical legend, of instanter with the initial seal of the chancellor.
which the four lines which he quotes form a part, G.
I know of none; but if his object is to ascertain “When the Court (of Exchequer) sits in equity, the whether there exists any old tradition of the Chancellor of the Exchequer has a voice (although now
death of the Blessed Virgin Mary at Jerusalem, very rarely exercised) in giving judgment. The last case in which the Chancellor was required to sit, owing and her burial at Gethsemane, I can inform him to the barons being equally divided in opinion, was that that such a tradition will be found in most of of Naish against the East India Company, Michaelmas our old accounts of our Blessed Lady. These Term, 1735, when Sir Robert Walpole was Chancellor, relations give very curious particulars of her reand his decision in a question of very considerable diffi- ceiving a divine admonition, by an angel, of her culty was said to have given great satisfaction.” —- Penny approaching death ; of the Apostles assembling at Cyclopædiu, art. “ Exchequer Court."
H. P. D.
Jerusalem on the occasion; of her address to
them on her death-bed; of her burial by the “ EXCELSIOR: ” EXCELSIUS (3rd S. xii. 66.)—In Apostles at Gethsemane, in all which St. John is more than one article of the Saturday Review has most conspicuous; and of her tomb being opened mention been made of the fact to which MR. three days after her burial, and her body not Dixon calls attention.
LYDIARD. being found—having been assumed into heaven. I think Longfellow is right in using Excelsior sion agree in most particulars; but it seems his
The accounts in various old books in my possesand not Excelsius. The idea of the poem I have torically true that she died at Ephesus, having always considered as a reflex from a hymn by been taken thither by St. John when the terrible James Montgomery, where we read —
persecution of the disciples broke out at Jeru“ Higher! higher! let us climb
salem in the
F. C. H. Up the mount of Glory!” We bave here not only the Excelsior, but the It is perhaps worth while to compare the folmount also. True, it is not St. Bernard; but it is lowing: - In a hymn to St. John, in Religious an ascent more in accordance with our Christian Pieces, ed. Perry, p. 90 (Early English Text hopes and feelings.
J. H. Dixon. Society), we find the following: