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TIIE TRUSTY SERVAST AT WINCHESTER.

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Legend respecting the Isle of Ely. Can any ac fastidiosi palati, sed quovis cibo oportere contentum reader of “N. & Q." inform me which of the Auriculæ designabant, famulum oportere patienPopes it was who, according to a legend I have tibus esse auribus, si quid forte dominus durius dixerit. somewhere met with, effected the unique meta

Dextra erecta admonebat fidei in contrectandis rebus morphosis of changing the wives and children of herilibus. Cervini pedes, significabant celeritatem in the clergy of the Isle of Ely into eels, and thus peragendis inandatis. Situlæ et ignis, industriam ac

celeritatem in multis negotiis simul peragendis." gave it its present name, as a punishment for refusing to comply with his edict for the celibacy of The description here given is quoted, nearly in the clergy? I think the legend is referred to in the same words, by Laur. Beyerlinck, in his some part of Dr. Prideaux's works, but I have no Magnum Theatrum Vita Humane, tom. iii., Venet. means of certifying the fact.

J. R. C. 1707, p. 525., under the title of " Famuli Probi Cambridge.

Schema;" and it will, I think, readily be admitted, [According to Prideaux, the edict was issued by that the figure at Winchester College, although St. Dunstan.

“ From Heli some think the differing in some respects from the one described Isle of Ely took its name; others say no, but from a by Cousin, yet in its general features and purport multitude of eels, into which the married priests with

is the same. It is therefore highly probable that their wives were transformed, that refused to obey the figure was originally painted in the sixteenth St. Dunstan's ordinance that priests should live single.” | century, and the design borrowed from our Gallic

Mathias Prideaux's Introduction for Reading all neighbours. The costume in which this figure at
S'orts of Histories, p. 276. edit. 1672. ]

present appears, would not give it an antiquity of
much more than a century and a quarter; but in

the Memorials of Winchester College, published
Replies.

by D. Nutt in 1846, an entry is quoted from a
Compotus of the year 1637 in the following words,

,
“Pictori pingenti Servum et Carmina, 138. Od.;"
(Vol. v., p. 417.)

and the writer justly remarks, “It may be conThe author inquired for by M. Y. R. W. is sidered doubtful whether this entry accounts for Gilbert Cousin, of Nozeroy, in Franche Comté the original execution, or only a restoration of the (better known under his Latin name of Cognatus),

work." A more diligent examination of the old whose collected works were published at Basle in College accounts would probably throw further 3 vols. folio, 1562. He was one of the restorers light on the subject, and also show at what periods of literature in the sixteenth century, and having the figure had been repainted, and, no doubt, al

and ideas of the filled the office of secretary to Erasmus, acquired tered according to the fuskio such enlightened sentiments in regard to religion, time. This view is borne out by the earliest enas to render him at a later period of life suspected graving of the figure in my possession, entitled, of a tendency to Protestantism ; in consequence

" A Piece of Antiquity painted on the wall adof which a Búll was obtained from Pius V. for his joining to the kitchen of Winchester College, imprisonment, and he died in the course of his trial which has been long preserved, and as oft as before the Inquisition in 1567, - another victim occasion requires, is repaired." This print is in to the merciless system of the papal creed. In folio, and was published in 1749, and has the verses his treatise entitled “Olkens, sive de Officio Famu- both in Latin and English. In one corner may be lorum,” composed at Freiburg in Brisgau (a city read the faint traces of the engraver's name, Mosley of the Grand Duchy of Baden, in the upper circle sculp. It has been recently republished from the of the Rhine), in the year 1535, and addressed to original plate, with the addition of the name Ludovicus à Vero, Abbot of the Convent of Mons

“ H. C. 'Brown, Winchester.” The next enS. Mariæ et Charitatis

, he thus writes on the sub- graving, in point of date, is inserted in the History ject of painted figures of the Trusty Servant and Antiquities of Winchester, 12mo. 1773, vol. 1. (Opp. vol. i. p. 223.):

p. 91., entitled “The Trusty Servant,” W. Cave

del. Winton, without the verses. I have also an “ De famulo dicendi finem faciam, venerande Me. cænas, si pro coronide adjecero Probi Famuli imagi- which the English verses only are given, and the

8vo. print of rather later date, badly engraved, in nem, quem Galli quidam eflingunt conclavibus suis. Hec ad hunc habet modum. Pileum rubrum et elegans scoop or dustpan omitted in the left hand of the erat in capite, nec inelegans interula tegebat corpus ; ros

figure (as it is seen in the earlier copies). Subsetrum erat suillum, qures asininæ, pedes certini. Dextra quent to this is a small and very incorrect repremanus erecta, et in palmam explicata ; humero sinistro sentation in the Gentleman's Magazine for 1812, pertica librabat duas aquæ situlas, quarum altera pendebat vol. i. p. 114.; and more recently (but before à tergo, altera à fronte. Sinistra palam gestabat plenam 1842) is a large and handsome engraving (both vivis pruinis. Addita erat singulorum interpretatio. plain and coloured) published by James Robins Bono famulo debetur elegans cultus. Suillum ros- and D. E. Gilmour, at Winchester, in which a trum admonebat, non decere famulum esse yAho xpdv | background of landscape and cottages is intro

a

THE EARL OF ERROLL.

graving, has been copied and prefixed to the Polka is what he presente legile top Erroll holds the

duced, and, in the upper left-hand corner, the arms of William of Wykeham, the founder of the college, surmounted by the episcopal mitre. Be

(Vol. v., pp. 297. 398.) low are the Latin and English verses engraved in I saw, with some interest, the observations made capitals. In this engraving, in addition to the by your correspondents PETROPROMONTORIENSIS shovel, pitch-fork, and broom held in the left and INVERURIENsis on the position and status of the hand of the figure, is inserted a square instrument Earl of Erroll, who, with his peerage, holds the with bars, the use of which is not very obvious, office of Great Constable of Scotland, conferred and which appears joined on to the shield sus

upon his ancestor by King Robert the Bruce in pended from the arm. The coat, also, has the 1314. But I cannot come to the same conclusion addition of a collar, not seen in the earlier prints. which they appear to liave arrived at. This matter figure, as represented in

worthy of further elucidation. composed in 1850 by William Patten, and entitled honours of his house undoubtedly and without

The Trusty Servant. I might here close my reply dispute, is clear from the decision of the House of to the Query of M. Y. R. W., but must entreat Lords, given in favour of George Earl of Erroll, the patience of your readers a little longer, in the grand-uncle of the present Earl, in 1797. The order to introduce a counter.Query on the subject. then Earl of Lauderdale had questioned Earl

In Hoffman's Lexicon Universale, published at George's right to vote at an election of the peers Leyden in 1698, under the word Asinina, occurs of Scotland; and the House of Lords, after a the following curious comment:

full inquiry, decided in favour of the right so “ Asininæ aures digitis formatæ, stupidum aliquem questioned. et asinum denotabant. Salmas. in Tertullian. de Pullio,

One of the objections made to the title was, that ubi de variis digitorum ad aliquem deridendum forma- it was claimed through a nomination, which Gilbert tionibus, p. 338. Sed et asininæ aures attentionis ac Earl of Erroll, who died without issue in 1674, obedientiæ symbolum, in celebri Apellis pictura, quâ had made in favour of his kinsman Sir John Hay, officia servorum auribus hujusmodi, naribus porcinis, a short time before his death. This was one of manibus omni instrumentorum genere refertis, humeris the peculiarities in the Scottish law of Peerage, patulis, ventre macilento, pedibus cervinis, labiisque obse- that a party might, by a resignation to the Crown, ratis, repræsentavit, etc.”

and a charter following upon such resignation, The words in Italics would seem to be a quo- obtain power to nominate the beirs to succeed him tation, and I would fain inquire from what author in his honours and dignities. Some of the highest they are taken, and also the authority for ascribing of the Scottish peerages are held under such this famous picture to Apelles, and the writers nominations, at the present day. It was decided by whom it is mentioned ?" It is remarkable that in the case of the earldom of Stair (in 1748) that in this, as in the Winchester figure, the lips are

this power of nomination could not be validly locked, a peculiarity that is unnoticed by Cousin exercised after the Union. in his account of the French usage of depicting

It is true that the Earl of Erroll is the beir such representations. I should likewise be glad | (though barred by attainders) of the earldoms of to receive information, whether any traces of this Kilmarnock, Linlithgow, and Calendar, which have usage still exist in France, or whether it is men- been held by his direct ancestors. tioned or alluded to by any other writers of that

But none of these facts and circumstances, nor country in the sixteenth and seventeenth cen

all of them together, could (as stated by your corturies?

respondents) make "the Earl of Erroll, by birth, Before I conclude, I am bound to acknowledge the first subject in Great Britain after the blood that the references to the works of Cognatus, Bey- royal, and, as such, having the right to take place erlinck, and Hoffman were given to me by the of every hereditary honour.” We have higher late C. F. Barnwell, Esq., of the British Museum, authority upon this subject than “ Dr. Anderson, & gentleman gifted with a large amount of in the learned and laborious editor of The Bee,to formation on curious topics connected with early whoin one of your correspondents refers. literature, and whose urbanity and readiness to

There was nothing in the Scottish peerage to impart his knowledge to others will ever cause his which its members were more anxiously and tenamemory to be deeply respected by his friends. ciously attached than to their rights of precedency. He is, perhaps, the individual alluded to by your This often produced among them the most unquerist M. Y.R. W.

F. MADDEN. seemly contentions at Parliaments and Conventions. British Museum, June 29.

For avoiding of these contentions King James VI., in 1606, granted a royal commission to certain of the Scottish nobility to call their brethren before them, and "according to their productions and verifications to set down every man's rank and place."

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The then Earl of Erroll was one of the Commis- Elizabeth, who was married to Edward, the twelfth sioners: he made no claim, as in right of birth, to Earl of Derby, in 1774. be the first subject in Scotland. He is set down When the Commissioners for settling the preceand ranked as the fourth among the Earls.

dency of the Scottish nobility made their decree in In the roll which was called daily in the Scottish 1606, the Duke of Lennox was the peer first named. Parliament, at the time of the Union, termed the He was then a duke, while the head of the HamilUnion Roll

, the Earl of Erroll is marked second of ton family was only a marquis : but the honours the earls, one of those who had stood before him in of Lennox became vested in King James VI., 1606 (Argyle) having been created a duke, and through his father Lord Derneley, and were thus the other earldom (Angus) having become merged merged in the crown. King James VI. granted in a dukedom ; and he stands ranked in the same these honours anew to members of the Lennox way, as the second of the earls, in the roll which family whom he selected. The whole of these new has been called at all elections of peers since 1746. creations had disappeared before the union of the

But upon the subject which has been mooted in kingdoms. this case by your correspondents, we are not left Accordingly, in the Union Roll, the Duke of in any doubt. On the 13th of March, 1542, it is Hamilton's appears as the first name; and the same thus stated in the minutes of the Parliament of has so appeared in every list used since the Union. Scotland:

There appears thus to be no reason to doubt that "The quhilk day the Lordis spirituale, temporale, the head of the Hamilton family is the first subject and Commissars of burrowis representand the thre in Scotland after the blood royal. estatis of Parliament hes declarit and declaris James It has been mentioned that James, sixth Duke Erle of Arrane, Lord Hamiltoun, secund persoun of this of Hamilton, and Elizabeth his wife, had two sons, realme, and narrest to succeed to the Crone of the who were successively Dukes of Hamilton; and samin, salzeing of our Sovirane Lady and the barnis that they had also a daughter, Elizabeth Countess lauchfullie to be gottin of bir bodie, and nane utheris, of Derby.* and be resoun thereof tutour lauchful to the Queenes

When Douglas Duke of Hamilton died, the Grace, and Govnour of this Realme."

Countess of Derby, his sister, came to be heiress of This James Earl of Arran, and Governor of the line to Anne Duchess of Hamilton, who had sucRealm, was grandson of Margaret Countess of ceeded to the honours and estates in the preceding Arran, eldest daugliter of King James II. : thence century: but these honours and estates had been arose his relationship to Queen Mary, and to the limited to the heirs male of the body of the Duchess royal family.

Anne; and, upon the death of Douglas Duke of James, the Regent, was created Duke of Chatel- | Hamilton without issue, they became vested in his heraud in France ; his grandson, John, was created uncle Archibald, the ninth Ďuke of Hamilton, the Marquis of Hamilton in 1599; James, the grand father of the Duke that now is. son of this Marquis John, was created Duke of

Elizabeth Countess of Derby was the grandHamilten in 1643, with a limitation to him and the mother of the Earl of Derby, our present Premier, heirs male of his body; which failing to his brother to whom her rights, whatever they were, have and the heirs male of his body; which failing, to

descended. the eldest heir female of the duke's body, without Most persons conversant with subjects of this division, and the heirs male of the body of such heir nature are aware of the high position which the female. He left no issue male.

Earl of Derby holds; but, it is believed, there are On the death of William, his brother, the second few who are fully aware of the high position in duke (who al-o died without issue male), he was

which he stands in the Peerage of Scotland to succeeded in the honours and estates by Anne, the the illustrious family of Hamilton, as heir of line daughter of the first duke, who thus became to Anne Duchess of Hamilton, whose issue male Duchess of Hamilton, and was the lineal heiress now enjoy the honours and estates. SCRUTATOR, of the Regent Earl of Arran, who was declared to have been the nearest heir to the crown in 1542.

INSCRIPTION AT PERSEPOLIS. James, the eldest son of Anne, fell in the well

(Vol. v., p. 560.) known duel with Lord Mohun in 1712. Her grandson James, and her greatgrandson tion excepting from the communication of your

Premising that I know nothing of this inscripof the same name, were successively Dukes of Hamilton. The last-mentioned James, sixth Elizabeth Duchess of Hamilton married, as her Duke of Hamilton, married Miss Gunning, in her second husband, John, fifth Duke of Argyle, and by day a lady of great beauty and celebrity; and was

bim had two sons, George-William and John-Douglasby ber father of two sons, James-George and Edward, who were successively Dukes of Argyle. Douglas, who were succ

ccessively seventh and eighth Thus she was mother of four dukes, - perhaps, out of Dukes of Hamilton. They bad also one daughter, the royal family, an unprecedented occurrence.

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Querist, I should say that the spirit of the thing rows in the same pair of columns : – Thus, the (a sort of verbal magic square) seems to require first sentence is, “Non dicas quoddamque scis, the repetition of the same words in all three pairs namn qui dicit quodcunque scit, sæpe dicit quod non of parallel columns. Therefore the last two scit." I trust your correspondent did not intend columns might have consisted of precisely the same this as a sly hit at contributors, its meaning being, words as the two middle ones (excepting of course “Thou must not talk of all that thou knowest, for the bottom row), without injury to the sense: a he who talks of everything he knows, often talks circumstance that appears to have been lost sight of what he knoweth not.” of by whoever framed the Latin version. At all The following English version - in which the events, the fifth and sixth words in the top line bottom line is transposed to the top, for the sake ought to be dicit and scit, instead of auilit and of clearness — will give some idea of the arrangeexpedit

. These, and some others, are perhaps mise ment. The last word sees, in the last column, quotations.

must be understood as sees into or comprehends. The key consists in taking the words of the bot

A. E. B. tom row alternately with those of any of the upper i Leeds.

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;

This enigmatical inscription seems capable of a Nov. 3, 1824 (No. 10,288), to find the authorship simple solution. It appears to consist of five Arab claimed by Dr. Marshall of Durham. I am not maxims inculcating prudence in thought, word, aware that his letter received any reply, either at and deed. Each line is to be read with the addi- the time or subsequently; but as it might possibly tion of the words of the last line, e.g. :

escape the attention of those who could have “ Non dicas quoddamque scis, nam qui dicit quod- vindicated Wolfe's claim, and the “incontestable cunque scit, sæpe audit quod non expedit."

evidence” to which it alludes may yet be capable

of production, I trust you will not think this copy The original appears to have suffered in the unworthy of being noted in your widely circulated translation.

H.
and useful publication.

J.R. WALBRAN.
(We are also indebted to Sc.-R. M.C.-T. J. B.- Fall Croft, Ripon.
JUVENIS - J, EASTWOOD — SEVARG -W. S. SIMPSON-
B. R. J.-L. X. R., &c., for similar Replies.]

“ODE ON THE BURIAL OF SIR JOIN MOORE.

To the Editor of the Courier.

Sir, — Permit me through the medium of your MONODY ON THE DEATH OF SIR JOHN MOORE."

highly respectable journal (which I have chosen as the (Vol. i., pp. 320. 445.)

channel of this communication, from my having been As I have always coincided in the common

a subscriber to it for the last fifteen years) to observe, opinion that this beautiful poem was, unquestion

that the statement lately published in the Morning

Chronicle, the writer of which ascribes the lines on the ably, written by Wolfe, and hoped that Mr.

burial of Sir John Moore to Woolf, is FALSE, and as Cooper's communication in Vol. i., p. 445. of barefaced a FABRICATION as ever was foisted on the “N. & Q." had settled any doubt that might still public. The lines in question were not written by linger in sceptical minds, I was not a little sur- Woolf, nor by Hailey, nor is Deacoll the author, but prised, a few days ago, on accidentally glancing they were composed by me.

I published them originover The Courier newspaper for Wednesday, ally some years ago in the Durham County Advertiser,

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a journal in which I have at different times inserted first on record of that name in the pedigree given several poetical trifles, as the • Prisoner's Prayer to by Wotton of the Longford family, now extinct. Sleep; "Lines on the Lamented Death of Benjamin I concur in the suggestion of MR. LAWRENCE Galley, Esq.,' and some other little effusions.

(Vol. iv., p. 93.) that “Coke is the old English "I should not, sir, have thought the lines on Sir form of writing Cook, from the Anglo-Saxon Còc,” John Moore's funeral worth owning, had not the false

or perhaps from the Norman-French Le Coq (a statement of the Chronicle met my eye.

I can prove,

name still common in the Channel Islands; where, by the most incontestable evidence, the truth of what

by the way, Mr. Lower may still find many comI have asserted. The first copy of my lines was given by me to my friend and relation Captain Bell, and it pounds of Le (Vol. v., pp. 509. 592.) in almost is in his possession present: it agrees perfectly with pristine purity, such as Le Quesne, Le Bas, Le the copy now in circulation, with this exception, it Febvre, Le Conteur, &c.), the primitive sound does not contain the stanzas commencing with · Few of o being perhaps short, and since softened into and short,' which I added afterwards at the suggestion 00. Some confirmation of this may be traced in of the Rev. Dr. Alderson, of Butterby.

the fact that Burke gives Cock, Cocke, or Koke I am, Sir, yours, &c.,

(alias Coke), as bearing for crest " an ostrich, in H. MARSWALL, M.D. the beak a horse-hoe;" which is also borne by South Street, Durham, Nov. 1. 1824."

the Earl of Leicester, differenced on a chapeau. That the spelling of both Coke and Cowper was left very much to discretion has been shown by

previous correspondents, and is further confirmed COKE AND COWPER, HOW PRONOUNCED.

by Gwillim and other old writers. The former (Vol. v., passim.)

testifies in his usually quaint style: Notwithstanding the able treatment these ques- “ He beareth parted per pale gu, and az. 3 eaglets tions have already received, I would venture displayed argent by the name of Cooke of Norfolk. to suggest that they may yet be discussed sci- These were the armes of that great man and eminent entifically, if taken in an analogical point of view. lawyer, Sir Edward Cooke (or Coke), Knt., Lord Chief

He was the Whatever the difference of opinion, or rather usage, Justice of King's Bench temp. Jac. I. that may exist on the correct pronunciation of only sou of Robert Coke, of Milleham, in the said co.” either naine, we can, I think, arrive at no certain &c. &c.— Vide Kent's Abridgment, p. 772. result without tracing the foundation on which And again (Ib. p. 476.): opinion or usage may rest, and the fixed laws that

“ He beareth azure, a tortoise erect (or) by the must inevitably govern their adoption. Heraldry, name of Cooper (alias Cowper) 'sic of Nottinghamit seems to me, supplies the basis for those laws, if shire. Borne by Thomas Cowper, Esq., High Sheriff not the laws themselves; for by it our modern of that county 10 Eliz.” nomenclature is to a great extent supported, its

Sir Richard Baker, the “chronicler," speaks of errors modified or expunged, and anarchy and Sir Edward Cook and Mr. Clement Coke, reversing ruin diverted from sapping the bulwarks of the names in the index, and using each indiscriEnglish identity and English pride -- the good old minately throughout the body of bis (I am aware) names

, still rife among us, in many instances the usually inaccurate work; but being the testistainless records of ancestral worth. By a reference to the coat-armour of the various mony of a cotemporary, I thought it, on that

account only, worth noting. families of Cooper, Couper, and Cowper, as gathered

Glancing at the Peerage list of family names, I from the pages of Burke, it will at once be seen that the same bearings are interchangeably used fusion and irregularity attendant on the various

cannot forbear the thought that much of the conby all of them, with only slight variations,—the re

spellings of one name may have arisen, in some semblance being sufficiently distinct to mark a

cases at least, from a morbid propensity evinced common origin. The paternal coat of the ennobled name of Cowper, I would further remark, the term) names of somewhat plebeian origin, so

in the desire to aristocratify (if I may be allowed bears in some of its features a strong affinity with the arms of the “Coopers' Company” of London. circles, — witness Smythe, Taylour, Turnour.*,

as to render them strictly admissible to patrician The foregoing remark will also apply so Coke, Cook, and others; while many, such as Butler, Carpenand Cooke, – the arms of Coke of Holkham (the ter, Cooper, Smith, Gardiner, &c., still remain in present Earl of Leicester), being borne by several almost primitive simplicity, and innocent of specious families of Cooke, with one or two differences of

disguise. tincture; yet on the testimony of Wotton it would seem that the uniform spelling of the former name * I have somewhere seen the plea that this family has been Coke from before the time of Edw. III. derive their name from some Norman valiant yclept “Sir Thomas Coke, of Munteby, Lord of Dudling- “ De Tour Noir; " but the resemblance of both naine

(a lineal ancestor of the great Sir Edward and arms to the commonplace Turner" is too appae, and also of the Leicester family), being the rent to escape observation.

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