ing to the Church Review (Sept. 19), there are two in the lately restored SS. Mary and Radigund, Whitwell, Isle of Wight. Can you tell me of any other churches belonging to the Anglican communion which are similarly appointed ? ST. SWITHIN. APPLE-DRAINS: WASPS.-I have heard children in Devonshire call wasps by this name. I remember a year or two ago meeting a boy who was crying, and on asking him what was the matter, he said he had just been stung by an apple-drain. I made a note of it at the time, and now inquire if such a name is general.

H. BOWER.

CARLISLE.Can any of your correspondents inform me whether the term "merrie," as applied to the old border city of Carlisle, signifies gay or joyous according to its modern meaning? or whether it is used in the sense of famous or illustrious, as being derived from the Anglo-Saxon word mere? I should also be glad to know when Carlisle was first called "merrie." E. H. CROMWELL AND MILTON.-Who are the authors of two panegyrics on Cromwell, published without place or printer's name in 1654, and described in the title-page as "Unus à legato Portugallici regis alter à quodam Jesuita"?* Also, who was Peter Negeschius, represented as the author of a tract not intended as a panegyric, Comparatio inter Claudium Tiberium Principem, et Olivarium Cromwellium Protectorem, instituta a Petro Negeschio, 1657? The language used in the third pamphlet is passionate and violent in no ordinary degree. Referring to Cromwell he says:

"In Pontio Pilato melioris notæ virum video, quam in Pontiis Anglicanis; in populo Miltoni eandem levitatem et petulantiam quam in Judæis deprehendo."— P. 16.

And he rejoices in the idea that

"Miltonus, qui ab illo tempore ex quo adversus reges scripsit, oculorum cæcus factus, tunc quoque animi cæcus fuisse videtur, cum scripsit Cromwellium suum triumphare."

At the close he speaks of a "Belgicus poeta," who, when he was asked "Quid de Cromwellio et Angliæ statu sentiret, respondit":

century," leads to the question: Was there any recognised right in an author, exclusively, to supply copies of his productions for his own pecuniary advantage, before the enactment of a law called the Law of Copyright? Clearly there was, for our first act does not create-it only defines a copyright.

Among Chaucer's minor poems, is one addressed to his copyist; it commences "Adam Scrivener." At first sight it might appear that this Adam was an ordinary amanuensis, who wrote down his master's thoughts from dictation, as they were first put into shape; further reflection has, however, convinced me that this individual was one employed to multiply replicas of existing works for circulation. In the palmy days of Roman literature, one reader dictated copy to a roomful of amanuenses, by which means twenty or forty or more copies of a work might be simultaneously produced for sale. To revert to Chaucer, I would ask: 1. If any general identity of calligraphy can be established among existing MSS. as likely to have emanated from this man Adam? 2. What profit Chaucer would have been likely to obtain by copies so produced and sold? 3. Would a third party have been at liberty to transcribe fresh copies, avowedly for sale? Of course students did transcribe for their own use.

At the conclusion of Tyrwhitt's edition of Chaucer is a list of fifty-three "words and phrases not understood." Would it be permitted me to offer an attempted explanation of these passages in "N. & Q.," taking each one in turn, as arranged by Tyrwhitt? It seems to me discreditable to English scholarship to leave this list any longer unchallenged. A. H.

DIFFERENCING COAT ARMOUR.-When a label, mullet, martlet, or other mark of cadency is placed upon a shield for difference, what is its proper tincture? I can find no rule laid down in any heraldic author; am I therefore to assume that it is optional?

M.

EGLANTINE. In a volume of Latin verse en

titled Fasciculus (London, Parker, 1866), Mr. Gidley translates Shelley

thus:

"I am drunk with the honey wine Of the moon-unfolded eglantine"

"Ebrius hausi quod subluna

Dulce cynosbatos hydromeli offert."

Is there any authority for cynosbatos? It of course signifies dog-bramble; which, according to Paxton's Botanical Dictionary, is the Ribes cynosbati, a native of Canada. The gooseberry and currant are both of the Ribes genus, which derives its name from the Arabic Ribas. But the same authority gives eglantine as equivalent to the Rosa lutea and the Rubus eglanteria; while

"What lonely magnificence stretches around!
Each sight how sublime! and how awful each sound!
All hushed and serene, as a region of dreams,
The mountains repose 'mid the roar of the streams.”
L. H. G.

MARTIN LUTHER'S WEDDING-RING. One of the daily papers recently made a statement to the effect that one of Martin Luther's wedding-rings has been found, and is at present undergoing repair at a jeweller's in Waldenburg, Saxony. There is no doubt whatever that two of these rings were made; Martin and Catherine exchanging these love-tokens at the wedding, according to the universal custom of Germans, even at the present day. The ring at Waldenburg, which is of silver gilt, and hooped, bearing the inscription, "D. MARTINO LUTHERO CATHERINA V. BORA, 13 JUNII, 1525," is said to be that worn by Luther: so that Catherine's is yet to be found. Can any one give information respecting this interesting relic, or say whether anything is known of its existence either in this country or in Germany? The pair of old-fashioned lovetokens, worn by the great reformer and his wife, would be a precious addition to the Lutheran relics preserved in the castle of the Wartburg, near Eisenach, or indeed to any collection of religious archæological subjects.

Woolwich.

H. BADEN PRITCHARD.

SERJEANTS.-I am anxious to learn some details on a point connected with the age of chivalry, and shall feel much obliged if you will spare space in your valuable journal for a reply to my queries. Can you inform me what position was held by serjeants in the olden days? Were serjeants-at-arms necessarily of gentle blood? or was there a difference in rank between "the king's serjeants-at-arms" and others? Had they especial military as well as civil duties? Would the serjeants mentioned by De Joinville as being in attendance at a court banquet, "clothed in the livery of the Count of Poitou," be serjeants-atarms? Might Marcel, the "traitor serjeant " in the crusading army of Louis IX., be of gentle blood, in spite of the absence of the territorial De before his name? Was there any position in that day answering to the rank of serjeant held by a common soldier of our times? PUZZLED.

[* See " N. & Q." 3rd S. iv. 430; 4th S. ii. 311.]

"UNFORTUNATE MISS BAILEY" (1st S. v. 248.) It is said here that in the Gentleman's Magazine there is a French version of this song beginning— "Un capitaine hardi d'Halifax,” &c.

I am unable to find this. Can you or any of your readers give the reference, and greatly oblige G. E. A.

P.S.-Would it not be a boon to your readers to reprint this translation ?

[We give the French version, as transcribed by us many years ago, but we fear we have made a mistake in our reference to the Gentleman's Magazine. The Latin version will be found there; and not having added the source from which we transcribed the French version, we have been led into the mistake of supposing that we also copied that from the Gentleman's Magazine.

"Un capitaine hardi d'Halifax,

Demeurant à son quartier,
Séduit une fille qui se pendait
Un lundi avec sa jarretière.
Sa conscience se tourmenta,
Son estomac fut gâté,
Il prit le fort ratafia

Et ne pensa que de Miss Baillée.

Ah, la Baillée, la malheureuse Baillée!
Ah, la Baillée, la malheureuse Baillée!

"Un soir se couchant de bonne heure,
Car il avait la fièvre,
Dit-il 'Je suis un beau garçon,

Mais volage comme une chèvre.'
Sa lumière brûle pâle et bleu,
De suif et coton mêlé ;
Un revenant approche son lit,

"Cher revenant,' dit-il tout bas,

'Arrangeons notre affaire,

Une banquenote dans ma culotte
Ferme ta cimetière !'
Gaiement s'enfuit alors l'esprit,
Son sort si bien démêlé :

Adieu! cher fripon capitaine Smith,

N'oubliez pas votre Baillée.'

Ah, la Baillée, la malheureuse Baillée!
Ah, la Baillée, la malheureuse Baillée ! ]

GREEN JOSEPH.-A writer in the Gent.'s Mag. of 1784 says that farmers' daughters, in his younger days, "carried eggs and butter to market in green Josephs, fastened round with a leather girdle." To what portion of the female dress may this expression refer? L. X.

[Joseph is a name for a sort of riding habit, with buttons down to the skirts, used in the first half of the eighteenth century: see engravings of it in Fairholt's Costume in England, ed. 1864, pp. 396, 562. Crabbe, in The Parish Register, tells us

"There lived a lady, wise, austere, and nice,
Who showed her virtue by her scorn of vice:
In the dear fashions of her youth she dress'd,
A pea-green Joseph was her favourite vest."]

LIST OF GRADUATES.-I am anxious to know whether there is a list of the men who graduated at the Universities of Oxford and Cambridge from 1610 to 1660? And if so, whether such lists are available for reference ?

GENEALOGIST.

[Oxford. There is a printed Catalogue of Oxford Graduates from 1659 to 1800; but the Matriculation Registers are very imperfect. About 1574-and, in some few cases, as early as 1571-the scribe began to insert the age of the person matriculated, his county, and the condition in life of his father; which plan continued to be acted upon till Michaelmas Term, 1621, when the registers became much more valuable. Subsequently were added the Christian name of the father, and the place of birth of every person entered on the books of the University. This plan was pursued till, in the time of Charles I., the University became a prey to a set of Puritans. From 1647 to 1660 the registers are a little better than the account-books of the beadles, irregularly kept, and extremely defective in information. From 1660 to the present time the registers are regular and invaluable, containing the same information that is found in those from 1621 to 1647. (Sims, Manual for the Genealogist, &c. p. 391.)

Cambridge. The printed lists of Graduates commence in 1659, and are continued to the year 1856. There is a list of B.A.s between 1500 and 1716 in Addit. MS. 5885 (Brit. Museum), continued to the year 1774 by William Cole, Addit. MS. 5841. These lists, however, are very defective. They were transcribed from the manuscripts of Dr. Richardson, master of Emanuel College, who was imperfectly acquainted with ancient calligraphy. There

[To save time and research, the following articles, of easy access, may be consulted :-"The History of Voting by Ballot," from the pen of Mr. Hepworth Dixon, in the Athenæum of April 11, 1868; an article by the late Lord Strangford in "N. & Q." 1st S. x. 297; and for Pliny's remarks on it, 3rd S. xi. 475. Several pamphlets from time to time have appeared on the Ballot, such as(1) "The Benefit of the Ballot, with the Nature and Use thereof, particularly in the Republick of Venice," fol. no date. (2) "A Speech on the Question of using the Ballot in the Election of Members of Parliament. By Mosepsephus." Lond. 1831, 8vo. (3) "Objections to the Ballot." Lond. 1831, 8vo. (4) Sydney Smith's racy pamphlet on "The Ballot," 1839, 8vo, must not be overlooked.]

FOXE'S "BOOK OF MARTYRS."-In the first vol. fourth edition (1583), I find in the Kalendar for July

[In the edition of Foxe's Acts and Monuments, 1843, edited by the Rev. George Townsend (so cruelly gibbeted by the late Dr. Maitland), the name of H. Finnemore appears in "The Kalendar" as having suffered martyrdom on the same day with Anthony Person and Robert Testwood hence it is probable that this is the reading in all the editions. We look upon the variation of names as a misprint, as Foxe in his details of this event correctly names Henry Filmer as having suffered with the other two in the year 1543.]

SIR PETER WARREN.—I wish to know if the late Sir Peter Warren, K.B., of the Royal Navy, an admiral, born 1703, died 1752, a native of Ireland, was ever married? If he was, what was his wife's maiden name, and when were they married?

What was Sir Peter's father's name, and at what place in Ireland was he born? I am under the impression that Sir P. Warren was married and had a son, whose name I do not know, who was alderman and afterwards lord mayor of Dublin.

C. H. B.

[Sir Peter Warren was the son of Michael Warren of Warrenstown, in the county of Meath. For some account of his ancestry consult D'Alton's King James's Irish Army Lists, ii. 34. Sir Peter married Anna De Lancy, sister of Gen. Oliver De Lancy of New York, and had three daughters-(1) Anna, married in 1758 to Lieut.-Gen. Charles Fitzroy, created Baron Southampton; (2) Charlotte, married Willoughby, Earl of Abingdon; (3) Susan, married her cousin, Col. Wm. Skinner, the grandson of Margaret Van Cortlandt. (Burke's Dict. of the Landed Gentry, ed. 1850, ii, 1362.) On the costly and imposing monument by Roubiliac to the memory of Sir Peter Warren in Westminster Abbey, the Christian name of his wife is Susannah, "who caused this monument to be erected." See Weale's Westminster Abbey, ii. 205, and George Lewis Smyth's Biographical Illustrations of Westminster Abbey, 1843, p. 143. The latter work contains an excellent biographical notice of the admiral. Lady Warren died on Nov. 19, 1771.]

DOMESDAY SURVEY.-The Record Commission

edition of the Domesday Survey contains an index of tenants in capite, but no complete index nominum to the whole record. Does such a compilation exist elsewhere in print or manuscript?

K. P. D. E.

[Our correspondent may find what he requires in Sir Henry Ellis's General Introduction to Domesday Book, two vols. 8vo, 1833, which contains Indexes of the Tenants in Chief, and Under Tenants, at the time of the Survey; as well as of the Holders of Lands mentioned in Domesday anterior to the formation of that record. This valuable work is illustrated by numerous notes and comments.]

PROPER COLOUR FOR LIVERIES.-I have looked through "N. & Q." and a number of other works likely to give information on this subject, in vain. It is, I believe, taken as a general rule that a man's liveries should follow the principal colour of his arms, and be faced with that of the principal metal. This does not appear to have been followed in early times, as appears from the following note:

"The colours of the early Plantagenets appear to have been white and red; of the house of Lancaster, white and blue; those of the house of York, murrey and blue; the Tudors, white and green. The same custom prevailed amongst less illustrious families."-Montague's Guide to the Study of Heraldry, p. 50.

I should be glad of any references to authorities upon this subject.

M.

[Mr. Cussans, in his Handbook of Heraldry noticed by us last week, says, speaking of liveries-" the colour of these depend entirely upon the tincture of his escutcheon.

In both the dominant colour should be the same; the subsidiary colour of the livery (or, as a tailor would call it, the trimmings-that is, the collar, cuffs, linings, and buttons) should be of the colour of the principal charge. For example, a gentleman bears azure, a fess or; in this case, the coat of the servant should be blue, faced with yellow." The whole chapter should be read by our correspondent.]

66

Replies.

"OSSA INFERRE LICEBIT."
(4th S. ii. 467.)

By the laws of Solon, an action for violation, Sepulchri violati actio," lay against those who, inter alia, disturbed a tomb for the purpose of burying within it a corpse, without a title to such a privilege. So Cicero:

"De sepulchris autem nihil est apud Solonem amplius, quam, ne quis ea deleat, neve alienum inferat: pœnaque est, si quis bustum (nam id puto appellari Tuußov) aut monumentum, inquit, aut columnam, violarit, deiecerit, fregerit."-De Legibus, ii. xxvi.

The following passage, from a learned treatise on the subject, will, though somewhat obscure in parts as to precise meaning, serve still further to illustrate the subject:—

videlicet, si quis contra voluntatem testatoris in hereditarium "Sed et Illatione illegitimâ sepulchrum poterat violari, sepulchrum, quamvis heres, inferat, ut ex L. 3. D. De Sepul. viol. quam totam supra adduximus, videre est. Item, si quis in alienum sepulchrum mortuum suum alienumve intulerit, ut est in sententiis Pauli, quas ex vetustiss. libro Vesontione ad se perlato refert Cujac. lib. 21. Observ. cap. 13. Quare etiam si quis in fundo empto, in quo sepulchrum sit, eò mortuum inferret, sepulchri violati reus erat. Nam etsi quidem nominatim nihil esset exceptum, tamen sepulchrum emptorem fundi non sequebatur, si modo in id publicum iter transeat, ex L. 54. D. De Action. Emp. et Venditi. Sed sæpius fundi venditor controversia cavendæ solebat excipere locum sepulchri, Kirchmanni De Funeribus Romanorum, 12mo, Lugd. ad hoc ut ipse posterique ejus illo inferrentur."-Johan. Bat. 1672, pp. 434.

By the laws of the Twelve Tables, urban interment was prohibited-" in urbe ne sepelito"and the dead were accordingly transported without the city, and buried in fields or public ways. Hence it became important to commemorate, by the inscription on the tomb of such words as stand at the head of this note, the reservation, on the part of the relatives and descendants of the defunct, of the right to continue to make use of the family vault, though the land on which it was situated had passed from their possession. A like extract, be held to imply the right on the part of inscription might also, to judge from the above the purchaser of the land to make use of the sepulchre for interment without incurring the penalty of violation. In the same way was sometimes retained and recorded by an inscription a right of