the time. The law of appeal of murder and wager of battle was shortly afterwards repealed. Avus. THE RIGHT HON. WILLIAM ELLIOT (2nd S. xi. 29. 110.) Mr. Elliot's father, William Nassau Elliot of Wells, of the Inner Temple, Barristerat-Law, was the grandson of William Elliot of Wells, merchant in London; who, besides two sons, had a daughter Eleonor, married in 1702 to Sir Gilbert Eliott, 3rd baronet of Stobs. Her descendant, Sir William F. Eliott, on the death of Mr. Elliot in 1818, succeeded to his estate as heir of entail. Sir Gilbert's 8th son was the celebrated Lord Heathfield, who was consequently first cousin of the barrister, and not uncle of Mr. Elliot as supposed by MR. MARKLAND. But, besides Sir Gilbert, the 1st baronet had a son William, who is said, in a pedigree of the family, to have been a merchant in London; and who, I presume, was the same person as the above-mentioned William, father of Lady Eliott. Thus the Stobs family seem to have become both heirs male and heirs-at-law of the right hon. gentleThe Earl of Minto is a more remote cadet man. of Stobs. R. R. DAY'S SERVICE BOOK (2nd S. xi. 213.)-I have prepared a transcript of this valuable collection of Church Music for the press, when an opportunity occurs of carrying it through. John Stafford Smith's copy of this most rare work, the only one I ever heard of for sale, was in the hands of Messrs. Calkin & Budd of Pall Mall. They sold it to a gentleman in the City (well known for his collection of Psalters and Service Books), whose name I am not at liberty to mention. This gentleman still possesses the copy, and values it as one of his choicest treasures. I may take this opportunity of mentioning, that after the dispersion of John Stafford Smith's library, I became possessed of a set of MS. Service Books, used in the Chapel Royal of Edward VI. This valuable set of part-books contains contemporary copies of most of the Services and Anthems afterwards printed in John Day's book. sav. Translated out of French by W. Shvte, Gent. London, Adam Islip, 1613." N. J. A. POETS ASCRIBE FEELING TO INANIMATE THINGS (2nd S. xi. 189.)-Perhaps the following may be acceptable to J. M. R. It speaks of the Thames:"God-like, his unwearied bounty flows, First loves to do, then loves the good he does. Byron's immortal Address to the Ocean may fall in with the collector's purpose; and I need not direct his attention to the sweet well-known F. C. H. song "Flow on, thou gentle river." Particulars of Price, &c. of the following Books to be sent direct to the gentlemen by whom they are required, and whose names and addresses are given for that purpose: BATHUMBLEY (JACOB), The Light and Dark Sides of God. 8vo. 1650. BLOYSE (WM.), Meditations on the 42d Psalm. 8vo. 1632. CHISHULL (JOHN), Two Treatises, Young Man's Moments, and Now if ever. 12mo. 1657. CORBYN (SAMUEL), Call to the Unconverted. 8vo. 1677. (1.) Sips of Sweetness for weak Believers. 12mo. 1652. (2.) Salvation of the Saints by the Appearances of Christ. 8vo. 1653. (3.) Discovery of the Love of Christ to Believers. 8vo. 1655. (4.) The Spiritual Seaman. 12mo. 1655. (5.) Cluster of Grapes from the Woman of Canaan's Basket. 8vo. 1669. EATON (SAMUEL), Vindication or Further Confirmation on Divinity of LOVE (CHRISTOPHER), Scripture Rules in Buying and Selling. 1653. MAYHEW (RICHARD), Life in Life; or Washing in Blood of Christ. 12mo. 1672. READING (JOHN, D.D.), David's Soliloquy; being the substance of several REEK (RICHARD), Sermon on Psalm xxxvii. 3. 4to. 1630. (1.) The Cursed Family; or Treatise on neglecting Family Prayer. 1700. (2.) Funeral Sermon of Risley, by Charles Owen. SAVAGE (HENRY), Dew of Hermon. 4to. 1663. Wanted immediately by Rev. A. B. Grosart, 1st Manse, Kinross, N. B., A LETTER TO THE REV. ROWLAND WILLIAMS, by the Bishop of St. ANY WORKS ILLUSTRATED BY G. CRUIKSHANK. David's. EDWARD F. RIMBAULT. HAS EXECUTION BY HANGING BEEN SURVIVED? (1st S. ix. 174. 280. 453.; x. 233.) — In C. J. Skeet's Catalogue of Old Books, No. 43. (January, 1860), appears the following work: Notices to Correspondents. In consequence of being this week obliged to publish "N. & Q." on Thursday instead of Friday, we are compelled to omit our usual Notes on Books. W. C. The Dissenters Dissected declined with thanks. C. E. S. D. should consult Prince Labanoff's Catalogue des Portraits de Marie Stuart. Replies to other Correspondents in our next. "NOTES AND QUERIES" is published at noon on Friday, and is also issued in MONTHLY PARTS. The Subscription for STAMPED COPIES for Six Months forwarded direct from the Publishers (including the Halfyearly INDEX) is 118. 4d., which may be paid by Post Office Order in favour of MESSRS. BELL AND DALDY, 186. FLEET STREET, E.C.; to whom all COMMUNICATIONS FOR THE EDITOR should be addressed. NOTES AND QUERIES. 2nd S. XI. APRIL 6. '61.] LONDON, SATURDAY, APRIL 6. 1861. CONTENTS. --No. 275. NOTES: The Old Dramatists: Massinger-Shakspeare, The Word 66 America" The "First catch Dens o' Yarrow," "267. REPLIES:-Dr. Johnson's Works, 269-Orthography of Notes. THE OLD DRAMATISTS. MASSINGER.-Duke of Milan, Act III. Sc. 1.:"Medina. To see these chuffs, that every day may spend A soldier's entertainment for a year, : this passage is as Yet make a third meal of a bunch of raisins." Mr. Gifford's annotation upon follows: "Yet make a third meal of a bunch of raisins. So all the old copies: and so, indeed, Coxeter; but Mr. M. Ma son, whose sagacity nothing escapes, detected the poet's blunder, and for third suggested, nay, actually printed, thin. This passage,' quoth he, appears to be erroneous: I the making a third meal of raisins, if they made two good meals before, would be no proof of penuriousness. therefore read thin.' Seriously, was ever alteration so capricious, was ever reasoning so absurd? Where is it said that these chuffs had made two good meals before?' Is not the whole tendency of the speech to show that they starved themselves in the midst of abundance? And are not the reproaches such as have been cast, in all ages, by men of Medina's stamp, on the sober and frugal citizen who lived within his income? Plotwell, in The City Match the same speech of Medina, there occurs the "Battening like scarabs in the dung of peace." Mr. Mason's note upon that line, and Mr. Gifford's comment upon the note, are in these words: "Battening like scarabs. Scarabs means beetles.-M. MASON. Very true; and beetles means scarabs! " The last annotation is quoted for the mere purof further illustrating the petulance and inpose justice, if not malignity, with which Mr. Gifford criticised the labours of his predecessor. Did he mean that the word scarabs no more required explanation than the word beetles? If he did, he meant what he knew to be false: for there can be no doubt that if Massinger had written "Battening like beetles," and Mr. Mason had thereupon annotated "Beetles means scarabs," Mr. Gifford would have found himself embarrassed to open his mouth wide enough for roaring forth his indignant astonishment at the supreme absurdity of Mr. Mason; first, in attempting to explain what needed no explanation at all; and secondly, in giving as an explanation (supposing one to be necessary) a term far less familiar than that which was to be explained. The same unworthy spirit is evinced also in the first annotation: for it is quite clear that Mr. Gifford, notwithstanding his angry declamation against the caprice and absurdity of Mr. Mason, understood just as little as Mr. Mason himself what was meant by making "a third meal of a bunch of raisins." The difficulty lies wholly in Indeed, as has neither removed nor lessened. the word third; and that difficulty Mr. Gifford well his remarks as his quotation seem to make for the correction proposed by Mr. Mason, rather than against it. I think the sense of the line in question is simply this: "Yet make three meals of one bunch of raisins; make a third meal of a bunch of raisins, after having already made two meals of the same that I scarcely comprehend how even Mr. Mason bunch." And this sense appears to me so obvious, (to say nothing of Mr. Gifford) could have overlooked it. SHAKSPEARE. —Antony and Cleopatra, Act V. Sc. 2.: — "Cleop. Sir, I will eat no meat, I'll not drink, Sir; I'll not sleep neither: This mortal house I'll ruin, These words are addressed by Cleopatra to "If idle talk will once be necessary," has given great trouble to the commentators. Dr. In the same scene of Massinger's play, and in Johnson's interpretation is, "If it will be neces sary now for once to waste a moment in idle talk of my purpose, I will not sleep neither." Steevens suggests two interpretations (declaring himself, however, not satisfied with either): first, "If idle talking be sometimes necessary to the prolongation of life, why, I will not sleep for fear of talking idly in my sleep;" secondly, "If it be necessary, for once, to talk of performing impossibilities, why, I'll not sleep neither." Malone and Ritson conclude that a line has been lost between the second and third, and Malone thus supplies it: "If idle talk will once be necessary, I'll not so much as syllable a word; I'll not sleep neither." Ritson's supplement is as follows:- I will not speak; if sleep be necessary, For necessary, Mr. Collier, from his corrected folio, reads accessary, but without intimating how the new reading is to be explained. Notwithstanding the number and eminence of the commentators who have found a stumblingblock in the passage under consideration, I venture to suggest that necessary is the true reading; that nothing has been lost from the passage; and that the meaning is only this: "If idle talk will for once serve a needful purpose by preventing sleep, I'll not sleep neither: for I will occupy myself in idle talk with my women, and thus keep myself incessantly awake, until nature sinks and perishes for the want of sleep." SHAKSPEARE.-Measure for Measure, Act III. Sc. 1.: "Claudio. Ay, but to die, and go we know not where; And blown with restless violence round about The pendant world; or to be worse than worst Of those, that lawless and incertain thoughts Imagine howling!-'tis too horrible!" Warburton explains delighted spirit to mean, the spirit accustomed here to ease and delights. "This," he adds, "was properly urged as an aggravation to the sharpness of the torments spoken of." Steevens concurs with Warburton. Dr. Johnson mentions, that the reading, benighted spirit, had been proposed by some; by others, delinquent spirit. It seems to me that delighted, in this place, is employed as precisely equivalent to delicate: a meaning which, however extraordinary it may be considered, yet appears more suitable than any other to the word, not only in this place, but also in the passage furnished to Steevens by Ritson from the Travels of Sir Thomas Herbert; in which Sir Thomas, speaking of the death of Mirza, son to Shah Abbas, says that he " gave a period to his miseries in this world by supping a delighted cup of extreame poyson." Delighted there can hardly mean delightful: for a delightful cup of extreme poison would be manifestly incongruous; but a delicate cup of extreme poison may well mean a cup which, though containing virulent and deadly poison, had yet been rendered delicate to the taste. And the sense of delicate (although that of delightful would not be incongruous) seems best adapted also to the word delighted in the following passage in Othello, Act I. Sc. 3.: - "If virtue no delighted beauty lack, Your son-in-law is far more fair than black." Lawless and incertain thoughts, Dr. Johnson interprets as "conjecture sent out to wander without any certain direction, and ranging through possibilities of pain." It is evident, therefore, that he understood the words-"Of those that lawless and incertain thoughts imagine howling"-as equivalent to "Of those whom lawless and incertain thoughts represent as howling." And in this I think he was wrong. The beings referred to are the damned, or the devils, or both: and why should thoughts, which represent them as howling, be characterised as lawless and incertain? and not rather as perfectly lawful and abundantly certain? The pronoun that, in my opinion, does not stand for whom, as Dr. Johnson supposed, but for who; so that the meaning of the clause will bebe worse than worst of those, who, howling, imagine lawless and incertain thoughts." The picture thus becomes vivid and terrible, and every word significant while, upon Dr. Johnson's construction, the words lawless and incertain are idle at least, if not absolutely inappropriate. "or to In the next scene of Measure for Measure, the disguised duke, having become acquainted with the hypocrisy and depravity of Angelo, makes this reflection: "That we were all, as some would seem to be, Free from our faults, as faults from seeming free!" The meaning of which, I incline to think, is only this: "Would that we were all, in reality (what some would seem to be) as free from our faults as, under Angelo's severe administration, faults are from seeming to be free; that is, to be allowed or tolerated." The commentators in alia omnia abierunt. Their conjectures are too much extended for quotation here. "Si quid novisti rectius istis, Candidus imperti : si non, his utere mecum." O. D. about which time Raoul de Presle, in the dedication to his translation of Saint Augustin De Civitate Dei, thus addresses Charles the Fifth: Si supplie a vostre royalle majesté.'" If, however, Mr. Douce had referred to the Gesta Dei per Francos, Hanoviæ, 1611, folio, vol. ii. p. 5., he would have seen an instance of the application of the term "royale majesté," to the King of France, forty years before by the intelligent Venetian traveller, Marino Sanudo Torsello; who is as good an authority upon such a subject as Raoul de Presle, and perhaps better. The second passage, of which I wish to say a few words, is at p. 231. of the same volume, where Mr. Douce is illustrating a passage in Hamlet: "Ham. Your Ladyship is nearer to heaven, than when I Saw you last, by the altitude of a chopine." The earliest authority whom the author cites for this article of dress is Sandys, whose Travels were published in 1615. My present object is to point out that what is said by Sandys of these shoes, and after him by Howell, Saint Didier, and others, had been said more than a century before by Pietro Casola, who visited Venice on his way to Jerusalem in 1498, and a few copies of whose Travels were printed so recently as 1855 for the first time. In Casola's time, the chopines, or chippeens as Howell calls them, were known as zilve; and the old traveller informs us that the ladies at that period wore them so very high, that they were unable to walk abroad without leaning on the shoulders of their pages or handwomen. Douce may be readily excused for his ignorance of Casola and his Journey to Jerusalem, A.D. 1498. It was only in the course of my investigations on Venetian archæology, that I first heard of him. W. CAREW HAZLITT. A GRANT FROM THE AMERICAN INDIANS IN 1767. Nearly forty years since, a translation of this grant was sent to England, with a view to ascertain whether it had ever been recognised or confirmed by this government. It is believed that some children of Jonathan Carver were desirous of obtaining some benefit in respect of this concession. As it will not occupy much space in "N. &. Q"I have sent a copy of the grant, and also a description of the territory which accompanied the map of the country: "To Jonathan Carver, a Chief under the most mighty George the Third, King of the English and other Nations, the fame of whose courageous Warriors has reached our ears, and has been more fully told us by our good Brother Jonathan aforesaid, whom we rejoice to see come among us, and bring us good news from his Country. We, Chiefs of the Nandowissies, who have hereto set our seals, Do by these presents for ourselves and heirs for ever, in return for the many presents and other good services done by the said Jonathan to ourselves and Allies, give, grant, and convey to him the said Jonathan, and to his heirs and assigns for ever, The whole of a certain Tract or Territory of Land, bounded as follows, viz., From the Fall of St. Anthony, running on the East banks of the Mississippi nearly south east, as far as the south end of Lake Pepin, where the Chippeway River joins the Mississippi; and from thence eastward, 5 days' travel, accounting 20 English miles per day, and from thence North 6 days' travel, at 20 English miles per day, and from thence again to the Fall of St. Anthony on a direct straight line. We do for ourselves, heirs, and assigns for ever give unto the said Jonathan, his heirs and assigns for ever All the said Lands, with all the trees, rocks, and rivers therein, reserving for ourselves and heirs the sole liberty of hunting and fishing on land not planted and improved by the said Jonathan, his heirs and assigns. To which we have affixed our respective seals at the Great Cave, May the first, one thousand seven hundred and sixty-seven. "HAWNOPAWJATIN, [a tortoise] his mark. "OTOHTONGOOMLISHEAW, [a snake] his mark. "This tract is situated on the Great Mississippi River, between the Falls of St. Anthony and the Chippeway River, and runs along the eastern banks of the Mississippi, about 75 miles to the Chippeway River, and thence due East 100 miles, thence due North 120 miles, and thence nearly South-west 185 miles. This tract contains 8,505,600 acres, or 13,290 square miles, which is divided into 369 townships of 36 square miles, or 23,040 acres each.. The soil is fertile, and abounds in lead and copper ore, and several fine rivers flow through its interior, as by reference to Carver's Travels,' and also to James's Vth Seaman's Map of the United States,' published in 1821, will more fully appear." · The book referred to in the preceding paragraph is, Travels through the Interior Parts of North America in the Years 1766, 1767, and 1768, London, 1779. It is singular, however, that if this grant be genuine, the author should not have referred to it in his Travels; especially as at p. 533. he notices the tract of land, which he says exceeds the highest encomiums he can give it, notwithstanding that it is entirely uninhabited. JOHN S. BUrn. Henley. LADY MARY MARKHAM, ETC. The interest that attaches to State funerals, and to the time A.D. 1681, whose manners have been sketched by a pencil which will not again instruct and amuse us, render the following extract worthy of preservation. I have copied it from Sir Robert Markham's Memorandum-Book [18,721.], an almanack, very fine bound, now in British Museum. The account of her birth, Jan. 19, 1644, and marriage, serve to explain several of the items. She left three children, George, Robert, and Ursula. "Memorandum. My dear Wife, the Lady Mary Markham, was the 3d da. and h. of Sir Tho. Widdrington, of Cherborne Grange, co. Northumberland, Knt and Serj.-at-Law. Her Mother was Frances, one of the d. of Rt. Hon. Ferdinand Lord Fairfax, Baron of Cameron in the Kingdom of Scotland; her eldest sister was the Lady Frances Le Gard; her second, the Lady Cath® Shafto; her fourth, the Rt Hon. Ursula, Countess of Plymouth. "I was happily married to her in the lifetime of my father at York, upon Thursday, the last of August, 1665, at which time his Roy. High. James D. of Yorke, was at York, by reason of the great Plague that raged at London; his Matie being at Oxford. "I was made unhappy in her death at Sedgbrook, upon Saturday, the 7th Apr. 1683, being then Easter Even. Her death was occasioned by a Miscarriage of a boy when she was not fully gone 6 months, which happened on Sunday, 1st April, after which she fell into a Coma, whereof she died. 66 My wife was buried in a new vault made for her and myself in the S. Chancel of the Parish Church of Sedgbroke, on Friday the 13th of April, and the Ladies that bore the pall were 1. The Lady Hussey, of Caythorpe, the Elder Widow. 2. The Lady Fane, of Fulbick, wife to Sr Francis Fane, Knt of the Bath. 3. Mr Harrington, of Boothby, wife to Tho' Harring. ton, Esq. 4. Mr Hall, of Baroby, wife to Mr Jo. Hall, the Minister of Baroby. 5. Mr Markham, the wife of my cousin, Hy. Mark ham. 6. Mr Deligne, wife to Eras: Deligne, Esq. 7. Mr Welby, the wife of Mr Jo. Welby of Harlaxton. 8. Mr Margaret Rushworth, the sister to my Lady Fane, and a Kinswoman of my wife's. The said Ladies had white hoods of Alamode [with the K... upon the Shoulder]* and white gloves, and afterwards scutcheons. Mr Francis Peet, the Minister of Sedgbrooke, preached her funeral Sermon, and the text was- I heard a voice from heaven saying, Blessed are the dead which die in the Lord - for which I gave him £5. Rings at Guineas. 1. For the Earl of Plymouth 2. The Countess of Plymouth 3. My Lady Le Gard 4. Sr Robert Shafto £ s. d. 18 12 Mr Morris's Draper's Bill 12 12 0 13 13 8 2 1 11 4 0 260 2 15 0 THE WORD "AMERICA." - The Cosmographic Synopsis, in which the word America was suggested (1507) is fully described under the first head by Brunet; but he does not give the very words of the proposal. They are as follows: "... et alia quarta pars per Americum Vesputium (ut in sequentibus audietur) inventa est: quam non video cur quis jure vetet ab Americo inventore sagacis ingenii viro Amerigen quasi Americi terram, sive Americam dicendam cum et Europa et Asia a mulieribus sortita sint nomina." A. DE MORGAN. Mrs. Glasse's "FIRST CATCH YOUR HARE." Cookery is known to the present generation principally through this oft-repeated quotation. Did Mrs. Glasse ever write such a sentence? In her directions for cooking a hare, she uses the word "cast," which is defined in some old dictionaries as to disembowel and skin. I have seen no edition containing the quotation as it is usually given. Until the quotation is found in its integrity, would it not be a graceful act on the part of facetious writers to let Mrs. Glasse rest in G. D. Y. peace? THE BORDER LAWS.-Legal antiquaries will thank "N. & Q." for chronicling what will doubtless be the last time a felon's goods will become forfeited to a lord of a manor: "It will be remembered that Mr. Bewicke, a country gentleman, an ex-magistrate of the county of Northumberland, was convicted two weeks ago, at the assizes held in Newcastle-on-Tyne, of shooting at two sheriff's followers, who had gone upon his estate to levy for an attorney's bill, and was sentenced to four years' penal servitude. The Commissioners of Greenwich Hospital have taken possession of the goods and chattels of the unfortunate convict, at Threepwood, the family seat in the Vale of Tyne, and they will be put to the hammer. This step has been taken under the authority of an old Border Act granted to the late unfortunate Earl of Derwentwater, whose estates in Northumberland were apportioned by the Government to Greenwich Hospital. The Act of Parliament conferred on the unfortunate earl, as lord of the manor of Langley, power to seize the goods |