1485, it was found that Elizabeth, daughter and heir of Thomas, Lord Scales, died on Sept. 2, 1473, and that Anthony, her husband (Lord Rivers), died June 20, 1484, that there was no issue of the marriage, and that a great deal else had happened. Two claimants for the lordship and estates appeared, viz., William Tindale, who claimed descent from Elizabeth, daughter of Robert Scales and sister of Sir Roger, who was father of No. 1, and John de Veer, Earl of Oxford, who claimed descent from Margaret, daughter of the said Sir Roger.

One

ex

Almost all the above may be found in the minutes of evidence in the petition of Sir Charles Tempest claiming the style and title of Lord de Scales, which was presented in 1857. difficulty presents itself which I cannot plain Robert Scales (No. 2), son of Sir Robert, was six years old in February, 1403, that is he was born not later than January, 1397; also he was declared to be eighteen on January 7, 1415 (No. 3), that is he was probably born in 1396; also by No. 4 in 1418 he was alive and heir to his grandmother, and he must have been of age. Nevertheless, by No. 5 it is expressly said that he died under age, his estates being then in the king's hands, ratione minoris etatis.

AUGUSTUS JESSOPP, D.D.

'HORE NAUSEÆ' (6th S. xii. 408).-'Debrett' for 1884, p. 635, has :

"Peel, Right Hon. Sir Laurence, P.C., D.C.L., son of Joseph Peel, Esq., of Southgate; b. 1799; ed. at St. John's Coll., Camb. (B.A. 1821, M.A. 1824); called to the Bar at the Middle Temple, 1824; was Advocate-Gen. in Bengal 1840-2; Chief Justice of Calcutta 1842-55, and VicePres. of Legislative Council at Calcutta 1854-5; is a D.L. for City of London; Hon. D.C.L. of Oxford 1858; cr. K.B. 1842, P.C. 1856. Bonchurch, I.W.; Athenæum Club."

From the account of the family of Peel of Peele Fold in Burke's 'Landed Gentry,' ii. 1017 (ed. 1853), it appears that the above Joseph Peel was the sixth son of Robert Peel of Peele Fold, and brother of the first baronet. This Joseph, of Bowes, near London, m. Ann Haworth, and had, with other issue, "Lawrence (Sir), Knt., Chief Justice of Bengal." In Burke's Peerage,' 1868, p. 868, the entry is simply Joseph, d. leaving issue in 1820." Burke (Landed Gentry') spells the Lawrence with a w, and this name seems to have come into the family in 1712, by the marriage of William Peele to Anne, d. of Lawrence Walmsley, of Upper Darwent, in Lancashire. Sir Laurence Peel died July 22, 1884. I think there was an obituary notice of him in the Times.

W. E. BUCKLEY.

I also have a copy of this work, and have always understood that its author was the late Sir Lawrence Peel, who from 1842 to 1855 was Chief Justice of the Supreme Court at Calcutta.

DOUBLE TUITION FEE (6th S. xii. 388).—A double tuition fee was required by Isocrates, not because his pupil had been under another master, but because he was too loquacious, as appears from the following notice :

"Isocrates orator a Charmone loquace, in schola ejus versari capiente, duplicem petebat mercedem; cumque causam Charæon percunctaretur: unam peto, respondit, ut loqui, alteram ut silere discas."-Abbas Maximus, Serm.,' xlvii., De Loquacitate, p. 242 (Tigur., 1546). See also Stobæus, 'Anthologia,' xxxvi. ED. MARSHALL. AUGUSTINE, ARCHBISHOP OF CANTERBURY (6th S. xii. 89, 313, 357, 414).-Lingard (no mean authority on such subjects) says:

"It was pretended that miracles had been wrought at his [Earl of Lancaster] tomb, and on the hill where he was beheaded. In consequence a guard of fourteen menat-arms was appointed to prevent all access to the place (Lel. Coll.,' ii. 466). Soon after the coronation of

the young king, a letter was written at the request of canonization of Lancaster, and of his friend Robert, the Commons in Parliament to the Pope, to ask for the Archbishop of Canterbury. The request was not noticed (Rym., iv. Rot. Parl., ii. 7)." EDMUND TEW, M.A.

JOSSELYN OF HORKSLEY, CO. ESSEX (6th S. ii. 267, 453; iii. 96; vii. 207). As a descendant of John Josselyn, M.P. for Buckingham, through Lady Wentworth, sister to Sir Thomas Josselyn, I write to notice a statement by one of your correspondents that "New Hall was built by one of the Jocelyns over two hundred years ago." Surely longer than that! Lady Wentworth, who was left a widow in 1557, and who is buried at Burnham Church, Bucks, is described as the daughter of "John Josselyn, of New Hall Josselyn, in the co. of Essex" in an old pedigree, and John Josselyn of New Hall Josselyn, must have been so described at the date of his wedding.

D.

FEET OF FINES (6th S. xii. 449).-The latest and best authority on the character of the several public records has this account of the feet of fines: "Fines, feet of: Common Pleas, Henry II. to 1834 (in which year they were abolished):

"There were five essential parts to the levying of a fine: (1) The original writ of right, usually of covenant, issued out of the Common Pleas against the conusor and the præcipe, which was a summary of the writ, and upon which the fine was levied. (2) The royal license (licentia concordandi) for the levying of the fine, for which the Crown was paid a sum of money called king's silver, which was the post-fine, as distinguished from the præ. fine, which was due on the writ. (3) The conusance, or concord itself, which was the agreement expressing the terms of the assurance, and was, indeed, the conveyance. (4) The note of the fine, which was an abstract of the original contract or concord. (5) The foot of the fine, or the last part of it, which contained all the matter, the day, year, and place, and before what justices it had been levied. A fine was said to be engrossed when the chirographer made the indentures of the fine and delivered them to the party to whom the conusance was made. The chirograph or indentures were evidence of the fine."-Alex. Ch. Ewald, 'Our Public Records: a p. 72.

Brief Handbook to the National Archives,' Lond., 1873,

Blackstone observes that the foot of the fine is "the conclusion of it, which includes the whole matter......usually beginning thus, 'Hæc est finalis concordia' (bk. ii. ch. xxi. § 5).

ED. MARSHALL.

A fine is a sum of money paid to the Crown for permission to alienate or convey land. The foot of the fine is the portion of the deed which recites the final agreement between the parties; that which contains an abstract of the proceedings (which were of the nature of a fictitious suit) is called the note of the fine. Originally the feet were kept in the King's Treasury and the notes in the Common Bench. Owing to several cases of embezzlement or substitution of these documents, it was ordained by statute in 1403 (5 Hen. IV., c. 14) that all such writs of covenant and notes of the same were to be "inrolled in a roll to be a record for ever, to remain in the safe custody of the chief clerk of the Common Bench." The foot of the fine usually begins with the words "Hæc

est finalis concordia," and recites the whole proceedings at length, including the "parties, the day, year, and place, when, where, and before whom the fine was acknowledged or levied" (Stephen's 'Commentaries,' i. 570). By a statute 23 Eliz., c. 3, an office was appointed, to be called the Office for the Inrolment of Writs for Fines and Recoveries (see Thomas's Handbook of Public Records,' p. 129). J. H. WYLIE.

Fines were a very ancient class of conveyances by matter of record, consisting of fictitious suits in the Court of Common Pleas, commenced and then compromised by leave of the Court. They were called fines because they put an end not only to the pretended suit, but also to all claims not made within a certain time. The foot of a fine was its conclusion, of which indentures were made and delivered to the parties, reciting the whole proceedings at length. Fines were abolished by 3 & 4 Will. IV., c. 74. See Steph. 'Com.,' ninth edition, vol. i. pp. 562 sq.; 2 'Bl. Com.,' 348_sq.; 'Co. Litt.,' 121a, n. (1); Williams's 'Real Property,' twelfth edition, pp. 48 sq.; 2 'Roll. Abr.' 13, &c.

WILLIAM W. MARSHALL, M.A. B.C.L. Guernsey.

"Pedes Finium" and similar records are fully explained in 'How to Write the History of a Parish,' by J. Charles Cox (London, Bemrose & Sons); see pp. 40-42. ESTE.

The foot of a fine is the fifth or last part of it, containing all the matter, the day, year, place, and names of the justices by whom it was levied.

E. COBHAM BREWER.

POPE'S TRANSLATION OF THE 'ILIAD' (6th S. xii. 467, 503).-The 'Iliad' was originally published in six volumes, 1715-20, quarto and folio. The quarto edition contains eight pages on which the names of the subscribers are given. This list immediately precedes the preface. The copy of

the folio edition which I have seen did not contain any list of subscribers, and differed in many respects from the quarto edition. The authority for the statement in Lowndes to which F. D. refers is the following extract from Johnson's 'Life of Pope':

"Of the quartos it was, I believe, stipulated that none should be printed but for the author, that the subscription might not be depreciated; but Lintot impressed the same pages upon a small folio, and paper, perhaps, a little thinner; and sold exactly at half the price-for half-aguinea each volume books so little inferior to the quartos that by a fraud of trade, those folios, being afterwards shortened by cutting away the top and bottom, were sold as copies printed for the subscribers. Lintot printed 250 on royal paper in folio for two 1,750 copies of the first volume, he reduced the number guineas a volume; of the small folio, having printed in the other volumes to 1,000."The Works of Samuel Johnson, LL.D.,' 1825, vol. viii. p. 251. G. F. R. B.

pouder of Comine, and temper it with Asell made thycke as grene sauce, and when thou felest the axes come go to thy naked bed and make thee ryght warme, and laye it to thy stomake," &c.

From these illustrations it is clear that axes= access, accession of the paroxysm of intermittent paludal fever, either of the quotidian, the tertian, or the quartan type-"anie maner of axes"-which commences with "the cold fit." In the "Homish Apothecarye......translated out of the Almaine speche into English by Jhon. Hollybush.' Imprinted at Collen by Arnold Birckman. In the yeare of our Lord M.D.LXJ.," the same idea is conveyed by the word "assaulting":-"When ye know the houre of the assaultinge, then take of thys drinke followynge," &c. Philip Barrough, in his 'Method of Physick' (1590, 1596, 1601), describes the accession and remission of intermittent fevers as fits and slakings." His book was, however, written for the use of students rather than for the Lady Bountifuls of the period.

Exeter.

"

ALFRED WALLIS.

RICHARD WHARTON (6th S. xii. 447).-In idly turning over the pages of Guillim's Heraldry,' of date 1679, the other day, singularly enough I happened to stumble across the name and armorial bearings of a Lord Philip Wharton, Baron Wharton, of Wharton, in Westmoreland. Arms thus described: Sable, a maunch argent within a bordure or, an orle of lions' paws in saltire gules by the name Wharton. His lordship I find married twice, firstly, to - by whom he had three sons; secondly, to Ann, daughter to William Carr, Esq., of Fernihast, in Scotland. This second wife's bearings appear with his own. By his second marriage he had a son William, whose armorial achievements as an esquire are found in the same volume. Unfortunately from this source no clue to names or deeds of the three eldest sons is derivable. The knowledge that there were such representatives, however, with the facts above detailed, may, I believe, prove of some service to American genealogists. A. CAMPBELL BLAIR.

INSCRIPTIONS ON WELLS OR FONTS (6th S. xii. 349, 394).-The Greek inscription Nívov, K.T.A., given by F. G. from "the old font which formerly belonged to the church at Melton Mowbray," may also be found on the font in the parish church of Dedham, Essex. Will some one tell me which is the older; and what is their common origin? R. F. COBBOLD.

[See 5th S. viii. 77.] COLIGNY (6th S. xii. 448).-H. C. will find Coligny one of the principal characters spoken of

lish translation of the poem, which I fancy would lose its force if rendered in another language. CAROLINE STEGGALL.

H. C.'s friend will find many references to Coligny in the second canto of the Henriade.' There are several English translations of the poem. G. F. R. B.

TYROCINY (6th S. xii. 130, 255, 358).—

A Discourse of the Terrestial Paradise aiming at a more probable Discovery of ye True Situation of that Happy Place of our First Parents Habitation. By Marmaduke Carver, Rector of Harthill in ye county of 8vo. Pp. 34, map, 168. York......London: printed by James Flesher......1666.

In the above curious work, at signature a 7, p. xiii, occurs the following passage:-"In my younger years and first Tyrociny in Divinity.'

FRED. W. FOSTER.

WHEN WAS ROBERT BURNS BORN (6th S. xii. 387, 473.)-Burns's published writings are not so pure as they might be, and I believe it is now understood that those unpublished are still coarser. Probably, therefore, the "freedom" of the ten songs or ballads mentioned by MR. THOMPSON is no reason for doubting their authenticity.

Moore's 'Life of Lord Byron,' though I read it when I went through my attack of Byron-madness at about twenty, has only just come in my way for a second time. I find almost at this moment the following in the journal, dated December 13, 1813 :

"Allen has lent me a quantity of Burns' unpublished, and never to be published, letters. They are full of oaths and obscene songs. What an antithetical mind! sensuality, soaring and grovelling, dirt and deity, all tenderness, roughness, delicacy, coarseness, sentiment, mixed up in that one compound of inspired clay!"

C. S. F. WARREN, M.A.

Treneglos, Kenwyn, Truro.

"Yestreen I got a pint of wine" is referred to in the Correspondence' (Currie's ed., 1801). The postscript is probably Burns's also. "The Patriarchs" was, it is believed, from Burns's pen. "Ye hae lien wrang, lassie," is in the poet's published works, but is not so free as a song of the same title. "Supper is not ready" is not, so far as I am aware, attributed to Burns. "The Union " I know not. "Wha'll kiss me now" I think is not Burns's. "The Fornicator" is said to be the production of the poet named. "The Case of Conscience" is not known to have been written by Burns. "Jacob and Rachel" I am not acquainted with. "Donald Brodie' is to be found ALFRED CHAS. JONAS. in the poet's works.

Swansea.