Chapter 4

In the fields between Buckden and Diddington, in the county of Huntingdon, there is what is called "the Vineyard" at the present day; and connected therewith is what is called, and evidently from the shape has been, a "fish pond." In Buckden is the abbot's house, with the original door; and there is no doubt but what the above was, in olden times, belonging to a religious house in that part.

M.C.R.

A small close of land adjoining the churchyard at Oiston, Nottinghamshire (due west of the church), goes by the name of "the Vineyard."

P.P.

There is also a street at Abingdon called "the Vineyard," from the land having been formerly used for that purpose by the Benedictines of Abingdon Abbey. If my memory do not betray me, there is some interesting information on the early cultivation of the vine in England, in an article by Mr. T. Hudson Turner, in the _Archæological Journal_, which I have not now at hand.

H.G.T.

There was a vineyard belonging to Ely Place, Holborn: and another probably in the Abbey grounds at Westminster. A portion of the estate of the late Chas. Powell, Esq., of Hinton Court, near Hereford, was called the "Vineyard" and the Vineyard of the Monks of St. Mary's is yet pointed out by the good folks of Beaulieu in Hampshire. The vineyards of Bath are in the heart, not the suburbs of the present town.

MACKENZIE WALCOTT, M.A.

* * * * *

TREATISE OF EQUIVOCATION.

(Vol. ii., p. 168.).

As supplementary to J.B.'s valuable paper on the _Treatise of Equivocation_, I transcribe the following from the _Smith Manuscripts_ (num. lxix. 5. p. 35.), thinking it may leave an interest for some of your readers:--

"_Apud, D.P._ 13th of May, 1597.

_Gerard the Jesuite, his Defence of Æquivocation._

John Gerard, the Jesuite, being told that, upon the arraignment of Sowthwell the priest of high treason, one of the witnesses being asked upon her oath by one of the judges, in open court, whether Sowthwell were ever in Bellamie's house, said that she had been perswaded by Sowthwell to affirme upon her oath, that she did not see Sowthwell in Bellamie's house and to keep this secret in her mind, of INTENT TO TELL YOU, whereas in truth she had seen him diverse times in Bellamie's house; and Sowthwell being charged therewith, openly confessed the same, and sought to justifie the same by the place out of Jeremie, that a man ought to swear _in judicio, justitiá, et veritate_. Now, this John Gerrard, being asked what his opinion and judgment was concerning Southwell's opinion above said, said that he was of the same opinion, and seemed to justifie the same by the example of our Saviour Christ, who said to His disciples, that _you shall go to Jerusalem, Ego autem non ascendam_, keeping this secret to himself, of INTENT TO TELL YOU. And also sayeth that our Saviour Christ said, that the Son of Man did not know of the day of judgment, keeping this secret to himself, OF INTENT TO TELL YOU; for he sayeth, that as he was Son of Man he knew it, and could not be ignorant of any thing: and furder sayeth, that a witness being examined, _juridicè_ and of temporal things, not concerning religion or Catholics, cannot answer with such æquivocation as is above said. And, forasmuch as this opinion and the defence thereof seemed to be damnable and blasphemous, he was required to sett down his own opinion therein, least he should be mistaken; but he denied the same, not because it is untrue, but because he would not publish it. Then being required to subscribe the same, denied the same also.

RICHARD BARKLEY. WILLIAM WAAD. EDWARD COOK. THOMAS FLEMING."

The reference "_Apud. D.P._," which stands as I have placed it above, may perhaps enable some of your contributors to point out the source from which this account is derived. The date at the top appears to have been added by a later hand.

J. SANSOM.

Oxford, Nov. 1850.

* * * * *

RIOTS IN LONDON.

(Vol. ii., pp. 273. 332.)

Will you do me the favour to insert the following attempt to set right and disentangle the thread {447} of my narrative respecting the death of young Allen. Certain it is that I was not "an actor nor spectator," in the riots of 1768, for they occurred some little time before I was born! It is equally certain that a man well remembered by me as our servant, whose name was "Mac," was a soldier concerned in the affair of Allen's death. As all the three soldiers had the prefix of "Mac" to their names, I cannot tell which of them it was, but it was _not_ the man who really shot Allen, and _was never again heard of_; for "Mac," whom I so well remember, must have lived with my father _after_ the affair of 1768, or _I_ could not have known him. In my youthful remembrance, I have blended the story about him with the riots which I had witnessed in 1780: this is the best and only explanation I can give. Sure I am, that all my father related to me of that man was true. I presume the "Mac" I knew must have been Maclane, as your correspondent E.B. PRICE thinks probable, because of his trial and acquittal, which agrees with my father's statement; and especially as he was singled out and erroneously accused of the crime--as the quotation above referred to states. All I can say is, I can relate no more; I have told the story _as I remember it,_ and for myself can only apologise that (though not so old as to witness the riots of 1768) I am old enough to experience that Time has laid his hand not only on my head to whiten my locks, but in this instance compels me to acknowledge that even the memories of my early days are, like the present, imperfect. The failure is with me, not with my father.

This vindication of my honourable parent's undoubted veracity reminds me of a circumstance that I have read or heard in a trial with regard to a right of way across an inclosure. Several aged men had given their evidence, when one said, "I remember that a public footpath for more than 100 years." "How old are you?" said the counsel. "Somewhere about eighty," was as the reply. "How then do you remember the path for 100 years?" "I remember (said the old man firmly), when a boy, sitting on my father's knee, and he told me of a robbery that took place on that footpath; and so I know it existed _then_, for _my father never told a lie_." The point was carried, and the footpath remains open to this day, to tell to all generations _the beauty of truth_.

SENEX.

In Malcolm's _Anecdotes of the Manners and Customs of London during the eighteenth Century_, 4to. 1808, there is a

"Summary of the Trial of Donald Maclane, on Tuesday last, at Guildford Assizes, for the murder of William Allen Jun. on the 10th of May last in St. George's Fields."

Upon the trial mention was made of the paper stuck up against the walls of the King's Bench Prison, from which it appears that it contained the following:

"Let * * * Judges, Ministers combine, And here great Wilkes and Liberty confine. Yet in each English heart secure their fame is In spite of crowded levies at St. J----'s. Then while in prison Envy dooms their stay, Here grateful Britons daily homage pay."

The inscription upon the tomb of William Allen was visible in 1817, and in addition to the inscription on the north side, which has already been printed in "NOTES AND QUERIES" (Vol. ii., p. 333), was as follows:--

_South Side._

"O disembody'd soul! most rudely driven From this low orb (our sinful seat) to Heaven, While filial piety can please the ear, Thy name will still occur for ever dear: This very spot now humaniz'd shall crave From all a tear of pity on thy grave. O flow'r of flow'rs! which we shall see no more, No kind returning Spring can thee restore, Thy loss thy hapless countrymen deplore.

_East Side._

"O earth! cover not thou my blood."--_Job._ xvi. 18.

_West Side._

"Take away the wicked from before the King, and His throne shall be established in righteousness."--_Prov._ xxiii. 5.

Fifteen months afterwards the father of William Allen presented a petition to his majesty for vengeance on the murderers of his son.

O. SMITH.

* * * * *

REPLIES TO MINOR QUERIES

_Osnaburg Bishopric_ (Vol. ii. p. 358.).--By the treaty of Osnaburg, in 1624, it was stipulated "that the alternate nomination to the Bishopric of Osnaburg should be in the catholic bishops, and in the protestant branches of the house of Luneburg." Thus, the Princes Ernest Augustus, the father of George I., Ernest Augustus, brother of the same monarch, and the late Duke of York, became sovereign-bishops of Osnaburg. But by the treaty of Vienna, in 1815, the bishopric became an integral part of the kingdom of Hanover. (Vide _Halliday's House of Guelph_, 4to. 1820, pp. 134, 135, 335.)

F.E.

_Death of Richard II._ (Vol. ii., p. 391.).--Otterburn tells us (pp. 228, 229.) that Richard II.'s death took place at _Pontefract Castle_, on St. Valentine's day, and adds, that the body was exposed to public view in all the principal towns through which it passed on the road to London. See also Walsingham (p. 363.):

"Clausitque diem extremum _apud castrum de Pontefracto_, die Sancti Valentini."

{448} The Keeper of the Wardrobe, moreover, received 100 marks for the conveyance of the king's body from Pontefract to London. (_Issue Rolls_, 1 Henry IV.)

It was the belief of many contemporaries--and arguments have been adduced by modern writers in support of the supposition--(see a very interesting treatise on the subject in the second volume of Tytler's _History of Scotland_), that Richard II. escaped from his prison, and lived for several years in Stirling Castle. But be that as it may, Froissart, I think, is clearly wrong in stating that he died in the Tower of London.

O.P.Q.

In answer to your Query relative to the death of Richard II., and his dying at Pontefract, I beg to refer you to Devon's printed _Pell Records_, Hen. III. to Hen. VI., p. 275, for the following entry:

"17 February. To Thos. Tuttabury, clerk, keeper of the king's wardrobe, In money paid to him by the hands of Wm. Pampleon, Esq., for expenses incurred for the carriage of the body of Richard, late king of England, _from the town of Pomferait to London_, by Writ, &c., 66l. 13s. 4d."

Again, at page 276.:

"To a certain other valet, sent from London, by direction of the king's council, to Pontfreyt Castle for the protection and safe custody of the body of Richard II., late king of England, In money paid to his own hands for his wages and expenses, 6s. 8d."

This seems to be decisive of the question; but there are several other interesting entries bearing on the same point.

D.P.R.

_Scottish Prisoners sold to Plantations_ (Vol. ii., pp. 297. 350. 379.).--

"The judgements of heaven were never so visible upon any people as those which have fallen upon the Scots since [the sale of Charles I.]; for, besides the sweeping furious plague that reigned in Edinburgh, and the incredible number of witches which have increased, and have been executed there since; besides the sundry shameful defeats they have received by the English, who carried away more of them prisoners than they were themselves in number; _besides that many of them died of mere hunger; besides that they were sold away slaves, at half a crown a dozen, for foreign plantations among savages_; I say besides all this chain of judgements, with diverse others, they have quite lost their reputation among all mankind; some jeer them, some hate them, and none pity them."--Howell's _German Dict._, p. 65., 1653.

Echard, in _Hist. Eng._, vol. ii. p. 727., speaking of the prisoners taken at Worcester, says that Cromwell

"marched up triumphantly to London, driving four or five thousand prisoners like sheep before him; making presents of them, as occasion offered, as of so many slaves, and selling the rest for that purpose into the English plantations abroad."

W. DN.

_Lachrymatories._--There is absolutely _no_ authority in any ancient author for this name, and the best scholars speak of these vessels as _the bottles usually called lachrymatories_, &c. It would be curious to discover when the name was first used, and by whom first this absurd use was imagined. It _[illegible]_ that their _proper_ use was to contain perfumes, scents, and unguents, as sweet odours to rest with the departed. Becker says:

"Bottles, filled with perfumes, were placed inside the tomb, which was besprinkled _odoribus_. These are the tear-flasks, or _lachrymatories_, so often mentioned formerly."--_Gallus_, p. 413. Eng. Tr.

A wasteful use of perfumes at funerals (_sumptuosa respersio_, Cicero de Legibus, ii. 23.) was forbidden by the Twelve Tables. The eighth verse of the fifty-sixth Psalm,

"My flight thou numberest: put my tears in thy bottle: stand they not in thy book?"--_Hengstenberg_, Clarke's Tr. Edinb.

is, I believe, the only evidence that can be brought in favour of the old opinion; but we surely cannot take the highly figurative language of Eastern poetry to establish a Roman custom of which we have no hint elsewhere. This verse admits of a much simpler interpretation; see Arndt, quoted by Hengstenberg _ad locum_. From a review of _Museum Disneianum_, which appeared in No. XXIII. of the _Classical Museum_, it seems that Mr. Disney has devoted to this subject some pages of the introduction to Part II. of the above work, of which a summary is given by the reviewer.

ED. S. JACKSON.

Torreridge, Herts, Oct. 23.

_Querela Cantabrigiensis_ (Vol. ii., pp. 168. 205.).--MR. SANSOM is sustained by Anthony Wood in assigning the _Querela_ to Dean Ryves; but it may be doubted whether he were anything but the editor, publishing it as an Appendix to the _Mercurius Rusticus_. The title of the work is _Querela Cantabrigiensis: or A Remonstrance by way of Apologie for the banished Members of the late flourishing University of Cambridge, by some of the said Sufferers_. Now Dean Ryves was a member of the University of Oxford. In Wood's _Fasti_, it is stated that he took the degree of B.A., Oct. 26, 1616, being then of New College. On June 9, 1619, he was admitted of Magdalen College, as a member of which he took his B.D. in 1632, and proceeded to D.D. in 1639. He had nothing therefore to do with the sufferings of the members of the University of Cambridge. In the _Life of Dr. Barwick_, the account given of the _Querela Cantabrigiensis_ is:--

"But _Mr. Barwick's_ no inconsiderable part of this tragedy, together with others of the university, groaning under the same yoke of tyranny, _and each taking a particular account of the sufferings of his own college_, {449} gave a distinct narrative of all these barbarities, and under the title of _Querela Cantabrigiensis_, or the _University of Cambridge's Complaint_, got it printed by the care of _Mr. Richard Royston_, a bookseller of _London_, who did great service to his king and country, by printing and disposing, in the most difficult times, books written in defence of the royal cause." pp. 32-33.

In the Appendix (p.495. note), Dr. Bruno Ryves is mentioned, and spoken of as the author of _Mercurius Rusticus_; but no notice is taken of his being one of the authors of the _Querela_. Of Dr. Ryves, who assisted in the Polyglot, a good account is given in Todd's _Life of Bishop Walton_, vol. i. pp. 306-309.

Barwick was upon another occasion assisted in a work against the League and Covenant, published in 1644, by William Lacy of St. John's, Isaac Barrow of Peter-House, Sethward of Sidney College, Edmund Baldero, and William Quarles of Pembroke Hall, and Peter Gunning of Clare Hall. It is not an improbable conjecture that some of these distinguished men assisted in the composition of the _Querela_.

A.B.R.

Easton.

_"Then" for "than."_--At the end of Selden's _Titles of Honour_ (edit. 1631), after the list of "Faults escapled in print," occur the words, "may with no less difficulty be amended _then_ observed?" Was the word _then_ commonly used in the sense of _than_; or is it a misprint?

P.H.F.

[Dr Latham, in _English Language_, p. 377. (3d ed.), observes. "As to the word _than_, the conjunction of comparison, it is a variety of _then_; the notions of _order_, _sequence_, and _comparison_, being allied. _This is good; then_ (or _next in order_) _that is good_, is an expression sufficiently similar to _this is better than that_ to have given rise to it."]

_Doctrine of the Immaculate Conception_ (Vol. ii., p. 407.).--"The Papal decision" referred to may probably be found in the Popes Letters of 2nd Feb. 1849, and of 20th May, 1850. The former professes to seek for information on this question from the priests and bishops of the whole Catholic world, but at the same time it enunciates clearly the Pope's opinion in favour of the doctrine.

J.H.M.

Bath.

In the _Catholic Annual Register for the Year ended 30th June, 1850_, published by Dolman, will be found the recent Allocution of his Holiness Pius IX., a Pastoral of the Cardinal Wiseman, and one from the bishops of America on this subject; from which your correspondent L. will be fully able to discover the present state of the doctrine of the Catholic Church on this mystery.

FESTE.

_Letters of Horning_ (Vol. ii., p. 393.).--Letters of Horning, in the law of Scotland, are writs issuing under the signet of the sovereign (used in the Supreme Court, or Court of Session, for signifying the sovereign's assent to writs issuing from that court) obtained by creditors, commanding messengers at arms

"To charge the debtor to pay or perform his obligation within a day certain." ... "If payment be not made within the days mentioned in the horning, the messsenger, after proclaiming three oyesses at the marketcross of the head borough of the debtor's domicil, and reading the letters there, blows three blasts with a horn, by which the debtor is understood to be proclaimed rebel to the king for contempt of his authority."

§ 26. "Denunciation, if registered within fifteen days, either in the sheriff's books or in the general register, drew after it the rebel's single cheat, i.e. forfeiture of his moveables to the crown. So severe a penalty, with the character of rebel affixed to denunciation on civil debts, was probably owing to this; that anciently letters of horning were not granted but to enforce the performance of facts within one's own power, and when afterwards [in 1584] they came to be issued on liquid debts, the legislature neglected to soften the penalty. Insomuch that those who were denounced rebels, even for a civil cause, might be put to death with impunity till 1612. Persons denounced rebels have not a _persona standi ne judicio_. They can neither sue nor defend in any action."

I have preferred, to any explanation of my own, to make the preceding extracts from Erskine's _Principles of the law of Scotland_, Book ii., Title 5., Sections 24, 25, 26.,--a standard institutional work of the highest authority.

For those who are disinclined to examine the subject too gravely, I must refer to another authority equally worthy of credit, viz. Sir Walter Scott's _Antiquary_, where, in Chapter xviii.,

"Full of wise saws and modern instances."

the subject of imprisonment for debt in Scotland is discussed most ably by Jonathan Oldbuck, Esq., of Monkbarns, who proves to his nephew, Captain McIntyre, that in that happy country no man can be legally imprisoned _for debt_. He says,--

"You suppose now a man's committed to prison because he cannot pay his debts? Quite otherwise; the truth is, the king is so good as to interfere at the request of the creditor, and to send the debtor his royal command to do him justice within a certain time; fifteen days, or six, as the case may be. Well, the man resists, and disobeys; what follows? Why, that he be lawfully and rightfully declared a rebel to our gracious sovereign, whose command he has disobeyed, and that by three blasts of a horn, at the market-place of Edinburgh, the metropolis of Scotland. And he is then legally imprisoned, not on account of any civil debt, but because of his ungrateful contempt of the royal mandate."

I have only quoted what was absolutely necessary to answer the Query; but there is much more to be found on the subject in the same place.

I cannot suppose that there is any one of your readers so illiterate as not to have read the _Antiquary_, {450} there are few memories which are not the better for being from time to time refreshed. My own is not of the best, which is sometimes disadvantageous to me, but not in a case like this. I have frequently read over the _Antiquary_, again and again, and have always derived much pleasure and amusement from so doing, and that pleasure I hope still again to enjoy.

J. S----s.

_Dr. Euseby Cleaver_ (Vol. ii., p. 297.).--Your correspondent H. COTTON, Thurles, Ireland, is mistaken with reward to Dr. Euseby Cleaver. He was never Bishop of Cork and Ross. He was Bishop of Ferns and Leighlin, and translated thence to the archbishopric of Dublin _about_ the year 1805. No doubt the transaction will be found in the Registry of Ferns, but I do not know the date of his consecration.

I was acquainted with that good man, and my mother was his first cousin.

R.S.

Belgave, Nov. 15. 1850.

_Mrs. Partington_ (Vol. ii., pp. 377. 411.).--In the Rev. Sydney Smith's speech at Taunton, on the Lords' rejection of the Reform Bill, October, 1831, is this passage:

"The attempt of the Lords to stop the progress of reform, reminds me very forcibly of the great storm of Sidmouth, and of the conduct of the excellent Mrs. Partington on that occasion. In the winter of 1824, there set in a great flood upon that town--the tide rose to an incredible height--the waves rushed in upon the houses, and everything was threatened with destruction. In the midst of this sublime and terrible storm, Dame Partington, who lived upon the beach, was seen at the door of her house with mop and pattens, trundling her mop, squeezing out the sea-water, and vigorously pushing away the Atlantic Ocean. The Atlantic was roused. Mrs. Partington's spirit was up; but I need not tell you that the contest was unequal. The Atlantic Ocean beat Mrs Partington. She was excellent at a slop or a puddle, but she should not have meddled with a tempest."

This speech is reprinted in the collected editions of Sydney Smith's _Works_. Unless an allusion to Mrs. Partington of a prior date to October, 1831, is produced, we may fairly consider that the celebrity of that lady is owing to Sydney Smith.

I doubt if Lord Brougham ever alluded to Mrs. Partington. Certain it is he never made any speech in the House of _Commons_ on the Reform Bill, as he was raised to the peerage some months before that bill was brought forward.

C.H. COOPER.