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history of every church in the hundred of Scarsdale, a good idea of what each edifice was in its original condition, and not only a lively description of what the building has come to, but admirable illustrations of their beauty, in ruins or renovated. Turning to the text and pictorial illustrations of the rectory of Whitwell and the chapelry of Steetley, to which Mr. Cox referred in "N. & Q.," as noted above, we find him speaking sharply of a piscina in Whitwell Church, "somewhat mutilated, having been barbarously levelled with the wall, to make room for a pew-back." There is here a quaint epigram (1623) on Toby Waterhouse, "aged foure yeares and siven moneths, full of grace and truthe, as a vessel not as ye fountaine.

"Both life and grace, in the sweet babe, in paralells

run on,

When sudden deathe did seeme to make their pointes to meet in one;

But then on thee did life and grace thy paralells attend, Whose equall length keeps equal breadth now never meet nor end."

There is another epitaph on a "right noble, learned, and religious knight, Roger Manners," 1632, in which we are told,

"A living academie was this knight,

Divinity, the arts, the tongs, what might In learned Schooles exactly be profest, Tooke up theire lodgings in his noble brest, Till death, like church-dispoilers, did pull down Manners' true fabrique and the arts' renowne." The heliotype pictures of the chapel at Steetley fully corroborate what Mr. Cox said of it in our last volume. He gives an "Interior East," and the "Chancel Arch, North." They are simply exquisite. This gem he assigns to the reign of Stephen, and speaks of it as one of the most complete and beautiful specimens of Norman work, on a small scale, that can be met with anywhere in this country or in Normandy." In 1698, De la Prynne wrote in his Diary of this once masterpiece of beauty as-"A staitly, well-built chapel, all arched roofed, excellently enambled and gilt the lead that covered the same is all stolen away, so that the weather begins to pierce through its fine roof, to its utter decaying." The roof does not seem to have gone in 1742, when Bishop Littleton visited it, and wrote of it: "The roof is supported by straight pillars with springing arches from each of them, that meet in the centre." But the ancient chapel was then a barn, and, says the bishop, "the whole is an uncommon structure." In the last half of the last century, the chancel was used as a shelter for sheep, and the yard as a fold, by the farmer on whose farm, held from the Duke of Norfolk, the beautiful ruin stood. On digging up the land in the chapel yard, a jar was found, containing coins in a paper, on which was written, "Rather the devil than Oliver." The nave has had no covering for above a century, but, accord

ing to one of Lysons's plates (1817), the chancel was tiled, with a gable roof. About 1833, the Earl of Surrey, afterwards Duke of Norfolk, rebuilt the ruined apse. In 1873 the British Archæological Association recommended the covering in of the remainder of the chapel, to preserve it from further decay. When, in last October, the Rector of Whitwell, the Rev. Mr. Mason, and his curate, the Rev. Mr. Townend, celebrated divine service in the roofless structure, it was preparatory to a meeting at which resolutions were passed that the chapel should be purchased from the trustees of the private proprieta the Duke of Newcastle, and that the ruin should be properly adapted for a permanent performance of worship. This appears to be now in course of being satisfactorily accomplished, and therewith ends one of the most interesting episodes in a volume, every page of which illustrates the ecclesiastical and social history of the picturesque shire of Derby.

Notes on the Greek Testament.-The Gospel according to
St. Luke. By the Rev. A. Carr, M.A., Assistant
Master at Wellington College. (Rivingtons.)
FROM these Notes any careful reader of his Greek Testa-
ment must derive great help. In framing them Mr.
Carr set before himself excellent aims.

IN Old Bibles; or, an Account of the Various Versions of the English Bible (Pickering), Mr. J. R. Dore has presented a succinct but very readable account of the various editions through which the Bible has gone. It cannot fail to be useful. The information may be small comfort to those possessing them, but Mr. Dore tells us that "no old Bible is so common" as the "Breeches Bible.

Notices to Correspondents.

ON all communications should be written the name and address of the sender, not necessarily for publication, but as a guarantee of good faith.

epigram on Valot, the French doctor, who was accused F. T. R.-The two lines quoted form part of an

of having caused the death of Henrietta Maria, widow of Charles I., by an overdose of opium. The whole epigram is worth reprinting :

"Le croirez vous, race future,
Que la fille du grand Henri
Eut, en mourant, même aventure
Que feu son père et son mari?
Tous trois sont morts par assassin,
Ravaillac, Cromwell, médecin;
Henri, d'un coup de bayonnette,
Charles finit sur un billot,

Et maintenant meurt Henriette,
Par l'ignorance de Valot."

EVINGTON.-The person inquired after was Dunning (Lord Ashburton). The law maxim he audaciously asserted was to this effect,-that a new brief absolves a barrister from the disgrace of publicly retracting any avowal, however solemn, of any principle, however J. Stephen, vol. ii. p. 307 (edit. 1849), "The Clapham sacred. See Essays on Ecclesiastical Biography, by Sir Sect."

B. P.-There were two foreign works from which Bunyan is supposed to have got suggestions and ideas for

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F. R.-In 1859, when the coffins in the vaults of St. Paul's, Covent Garden, were covered up, Macklin's age was correctly ascertained. The inscription on his coffinplate was found to run thus: "Mr. Charles Macklin, Comedian. Died 11 July, 1797, aged 97 years." To the second query we answer, Madame de Pompadour.

H. G. G.-A complete translation into English of Lope de Vega's plays does not exist. For further information, apply to Messrs. Trübner & Co., publishers, Ludgate Hill.

T. C. R. (Shrewsbury.)—The work was once highly esteemed, but at the present time it is not much thought

of.

D. C. ELWES.-Received, with many thanks.

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present work are original matter, and 200 illustrations-and these by far the most important-have been added These, with the new chronological and topographical details, present the subject to the English reader in a more compact and complete form than has been attempted in any work on Indian architecture hitherto published." Extract from Preface,

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SMITH'S ANCIENT HISTORY.

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the Earliest Records to the Fall of the Western Empire, A.D. 455. By PHILIP SMITH, B.A., one of the Contributors to the "Dictionaries of Greek and Roman Antiquities, Biography, and Geography." "The Student's Manuals of Old and New Testament History." &c.

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TROY and its REMAINS: a Narrative of Dis-
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LONDON, SATURDAY, APRIL 22, 1876.

CONTENTS.-No 121.

NOTES:-Shakspeare and the Law of Fines and Recoveries, 321-The Ryves Trial: Mr. Netherclifts Admission, 322Nancy Dawson-Philippians iii. 11, 324-Byron and Hallam

Provincial Words Imperial," 325-A Queen's Ball in

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the Last Century-Severe Winter in Ireland, 1740-41- Byron -Shelley's Sonnet "To the Nile"-"The Tale of a Tub"

"Ye Mariners of England"-Baron Holles-The Durability

of the Human Hair, 326.

Edwards

QUERIES:-Lord Macaulay and Daniel Defoe-Curious Le-
gend on a Bell-The Mellish MSS., 327-Bibliographical-
Herons of Chipchase Castle, Northumberland-"A New and
Complete Natural History of British Birds," by George
Anonymous Australian Drama- Lay Figure-
The Washington Family in Furness, 328-"Hot as Mary
Palmer"-Schomberg Arms-Virgil-Royal (?) Poetry-Pic-
ture by Corbould-German and Flemish Settlers in Ire-
land-To Bat"-"The Way of the World"- The Rev.
Richard Steevens-"Theatre in Edinburgh "-Balchristians,
329-The Basques-Family of Kilbington, 330.
REPLIES:-The "Te Deum," 330-Mispronunciation of An-

difficulty in penning the present note. If I am explaining matters which every schoolboy is supposed to know," the editor will have the remedy in his own hands; and if he allows this portion of my note to see the light, I shall assume that my popular explanation is not superfluous.

A fine then, which, but for the fact that there have been conflicting views as to the origin of the name, I should have had no hesitation in deriving from the initial words of the chirograph-" hæc was an amicable composiest finalis concordia ". tion of a fictitious action, or rather of a collusive action on fictitious grounds, by which one party acknowledged on record the right of another to real estate. There were various descriptions of fines, applicable to various purposes, and regulated by successive Acts of Parliament; but for our cient Proper Names, 331-"Humbug"-"Tradeh," 332- present purpose it is sufficient to notice that, inas"The bishop has had his foot in it," 333-Etait la much as a married woman could not part with Courtille"— Stock Exchange Slang- B. Björnsen -The her interest in land by deed, but might be joined History of Sherry Bishop Fell, 334- Bishop Taylor"A borrowed day"- Bishop Robinson-Goupy's Carica- with her husband as plaintiff or defendant in an ture of Handel-Round Robin - Records of Long Service action, and such action might be compounded by -S. Johnson, M.A.- Rev. T. Hayward-Cloyne Cathedral -Early Quartos of Shakspeare, 335-Titus Oates-Phila- agreement, with the leave of the court-which took delphia Authors-Snuff - Fairy Pipes - Confusing Meta-care, by means of a private examination of the phors, 336-Sawdust Wedding-Decanal Amenities-The Language of Art-" What I live for "Child-Female Child Wife, to ascertain that she was acting as a free -On some Obscure Words in Shakspeare-Morris Coats-agent in the matter-a fine became one of the comKhedive-"Skid," 337-The Barons of the Cinque Ports- mon assurances of the realm, by which married Macaulay's New Zealander-"Jabberwocky"-Sir P. Courtenay-"The Ancient Mariner," 338.

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"To fine his title with some show of truth."
Hen. V., Act. i. sc. 2.
"Than amply to imbarre their crooked titles."
Ibid.

I wish to offer the suggestion that an allusion to these ancient assurances will illustrate both the above passages in the speech of the Archbishop of Canterbury, in which he maintains a legal and historical argument on the rival claims to the French crown, as affected by the Salique law excluding claims through females.

women conveyed or extinguished their interests in land. If a man, holding his estate under a title subject to some doubt or flaw, happened to marry a woman who had a possible interest in the same estate, the getting in of which would remedy the defect, the obvious course would be for husband and wife to "levy a fine," as it was called, and by deed to declare the uses in favour of the former, or to re-limit the estate in any manner which might be desired. To such a proceeding the Archbishop compares the conduct of the French king: Hugh Capet also, that usurped the crown

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Of Charles the Duke of Loraine, sole heir male Of the true line and stock of Charles the Great, To fine his title with some show of truth (Though, in pure truth, it was corrupt and naught), Conveyed himself as heir to the Lady Lingare," &c. The Act for the Abolition of Fines and Reco- That is to say, Hugh Capet, knowing that his title veries, and the substitution of more simple modes was defective, but being representative of the feof assurance, was passed in the year 1833. Since male line of Charles the Great, through the Lady that time the practical knowledge of the law re- Lingare (who she was is a question worthy of a lating to them has been kept before conveyancers note, but foreign to the purpose of this), availed by the gradually decreasing instances in which himself of that female claim to strengthen his own they occur in abstracts of title; and now that the title, as a man might do who levied a fine of his If it should be considered that an period during which titles have to be deduced has wife's estate. been curtailed by a recent act, they will cease to allusion to the exceptional case I have imagined occur at all, and to the next generation of lawyers is too far-fetched, I should still contend for my their terms will be almost as obsolete as "Mort-interpretation of the passage, as alluding, in more dauncestor " or "Primerseizin." Whether the general terms, to a fine, as an expedient for strengthknowledge of the subject is already confined to ening a defective title. lawyers, or is a matter of general information, is a point on which my own experience as a lawyer incapacitates me from judging. This forms my

It is true that the phrase "to fine his title " is unknown to lawyers, and probably never was in use; but it is a not unnatural conversion of the

noun into a verb, such as Shakspeare might reasonably use. At all events, I submit this as a conjecture preferable to the various readings of find," "line," "refine," &c., which have been suggested by commentators, whose last resource in dealing with Shakspeare's text, when they do not understand it, is to let it alone. In this instance, however, some of them have the excuse of the folios, which read "find"; but the quarto of 1608 has "fine." The other two quartos I have not access to. The law of recoveries will be found equally applicable to the second of the passages at the head of this note :

"Amply to imbarre their crooked titles." So read the first and second folios; imbar, the third and fourth; and much ink has been shed in arguments for reading it into something else, because the commentators did not understand the word. To a lawyer it is intelligible enough.

As the fine was the termination of a collusive action by agreement on record, so the recovery was a collusive action carried to its natural conclusion in a judgment of a court of law. I will state its operation as simply as possible, though at best it was a complicated proceeding. The tenant in tail of an estate, whom we will call A., being desirous of defeating the rights of persons in remainder, and even of his own issue, if he had any, and acquiring an absolute estate in fee simple, conveyed an estate of freehold by an ordinary deed to B., against whom another confederate, C., brought his action, claiming the fee simple. B. appeared, and "vouched A. to warranty," that is to say, alleged that A. had warranted his title, and prayed that he might be called upon to defend the title so warranted. A. appeared accordingly, and, in the case I have put (though there might be any number of vouchers to suit the circumstances), vouched to warranty some other person, usually the crier of the court, who was hence called the "common vouchee "—a phrase now familiar enough in the mouths of many who do not know the origin of it. An "imparlance," or adjournment for the purpose of conference between the parties, being allowed, the common vouchee disappeared, and on his default judgment was given that C. should recover the land against B., that B. should recover lands of equal value against A., and that A. should recover lands of equal value against the common vouchee. By deed, executed either before or after this solemn farce was played out, very generally by the same deed which conveyed the freehold estate to B. as the first step in the transaction, the uses of the estate so acquired by C. were declared in favour of A., or in any other manner which might be desired. In theory it was contended, with transparent sophistry, that no injustice was done to the defrauded heirs in tail, inasmuch as they would be entitled, as their interests arose, to stand in the

place of A., who had recovered, or at least had judgment to recover, lands of equal value against the common vouchee; but in practice it is obvious that a gross wrong was committed, by an astute contrivance of lawyers, to which the courts lent themselves in opposition to the feudal policy of perpetual entail. Eventually the legislature also recognized the evil of estates being indefinitely tied up from alienation, and, instead of restraining the abuse of the process of the courts, legalized and regulated it; and a common recovery thus became one of the common assurances of the realm for the purpose of barring an entail; but it was always classed among those assurances which operated by tort. It was an open violation of the rights of the remaindermen; and the Archbishop, alluding to it, intimates that such an avowal of a title having its origin in tort would be preferable to the conduct of the kings of France, who, he says,—

"Rather choose to hide them in a net Than amply to imbarre their crooked titles, Usurped from you and your progenitors."

And yet, in the previous line, he alleges their conduct to have the same wrongful object, which was

"To bar your highness claiming from the female." "Barre," says Coke, 1st Inst. 1. iii. s. 708, "is a word common as well to the English as to the French, of which cometh the noun, a bar, barra. It signifieth legally a destruction for ever, or taking away for a time, of the action of him that right hath." As in the expression "to fine a title,” so in that "to imbarre a title," the language used is that of the poet rather than the conveyancer; but it is sufficiently near to the technical term to be quite intelligible, and, I submit, preferable to the "unbar," "imbare," and "make bare," of the commentators, or the "imbrace" of the quarto of 1608. J. F. MARSH.

Hardwick House, Chepstow.

THE RYVES TRIAL: MR. NETHERCLIFT'S
ADMISSION.

In the Times of April 1 is the report of a trial for forgery which took place at Derby on March 29. Mr. Netherclift, the well-known expert, was called as a witness for the prosecution. In his cross-examination by Mr. Mellon, he was asked, "Do you think you have ever been wrong?" To which Mr. Netherclift replied, "I think I may have been wrong in Mrs. Ryves's case, but that was the only instance."

Now, as Mrs. Ryves's case involved far more important questions than the one ostensibly before the Court, and as Mr. Netherclift was called to establish the genuineness of the extraordinary series of documents on which Mrs. Ryves's case rested-documents which she swore had been given to her mother, Mrs. Serres, in 1815, by the Earl of

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