2n'i S. No 108., Jan. 23. '58.] 



NOTES AND QUERIES. 



79 



3. Joseph, forty years in the Custom House, 

 London, died single. 



4. Thomas, M.D., of Cambridge, married a 

 sister of Martin Whish, Esq., Chairman of the 

 Board of Excise Commissioners, and had issue 

 eight sons and tliree daughters. 



5. Frederick, M. D., of Windsor,'married Miss 

 Aldridge, and had a large family. 



6. William Makepeace, H. E. I.'C.'s civil ser- 

 vice, settled at Hadley, near Barnet; married 

 Miss Webb, and had a numerous family. 



1. Daughters: Anne married Rev. John Grif- 

 fies, Rector of Chipstead. 



2. Jane married Major Rennell, H. E. L C.'s 

 service (F.R.S., Surveyor- General of Bengal). 



3. Henrietta married James Harris, Esq., 

 H. E. I. C.'s civil service. Chief of Dacca. 



4. Decima ; 5. Theodosia ; 6. Althea ; 7. Fran- 

 ces : all died single. 



8. Martha married Rev. S. N. Evans, Sub-Mas- 

 ter of Harrow. 



As your correspondent does not inquire about 

 the second generation, I do not occupy any more 

 room in your pages. E. D. 



Heraldic Queries (2"^ S. iv. 511.) — 



1 . Whatever may have been the rule before the 

 institution of the College of Arms, the Kings of 

 Arms since then have had the sole right of grant- 

 ing or confirming coat armour, just as the crown 

 alone confers titles, the Universities degrees, &c. 

 The objection to a man's conferring on himself a 

 peerage, a coat of arms, a regimental commission, 

 a University degree, &c., is, that his honours 

 would want validity and be a sham. The differ- 

 ence between self-conferred arms being " con- 

 structed according to the rules of heraldry" or 

 not, would be the difference between a clever 

 forgery and a clumsy one. 



2. All gentlewomen bear arms ; but a husband 

 never quarters his wife's arms. If she be not an 

 heiress, he "impales" them ; but the children can 

 make no use of them. If she be an heiress, he 

 bears them on an " escutcheon of pretence," and 

 her children quarter them ; because, she having 

 become the representative of her family, that re- 

 presentation afterwards vests in her descendants ; 

 which of course is not the case except with an 

 heiress, — N.B. Heiress in heraldry means heiress 

 of the blood, irrespective of property. 



3. He cannot qiia7'ter any female ancestor's arms, 

 if he have none of his own to quarter them with. 

 His course should be to apply for a grant of arms, 

 or for a licence to use his mother's name and 

 arms only. To leave the paternal coat's place a 

 blank would be to proclaim himself " no gentle- 

 man " at once. 



4. No : for the family may come back from 

 America ; and if not, being in another part of the 

 globe deprives no one of his family status. 



Ten minutes' talk with some one who under- 

 stands heraldry would set Gus P. Templ. right ; 

 but '• N.^ & Q." is too valuable to be filled with 

 explanations of the difference between " quarter- 

 ing," " impaling," &c. p. p, 



Cy pres (2"0 S. v. 31.)— These words, it is 

 scarcely necessary to observe, are merely the 

 Norman French for " as near ; " and have been 

 adopted by English lawyers as a short and con- 

 venient expression to signify that legal doctrine 

 sometimes called the doctrine of approximation, 

 by which in certain cases, if a thing cannot take 

 effect or be done precisely in the way directed 

 or attempted, it may or shall in some other way 

 as near — cy pres— thereto as practically can be. 



The words occur in Littleton, s. 352. with 

 reference to a case of this kind, but not as a tech- 

 nical term. Littleton wrote in the latter part of 

 the fifteenth century, and the words probably be- 

 came a technical term as the Norman French fell 

 into disuse. J. W. Phillips. 



Haverfordwest. 



This is not only a doctrine of the Roman 

 Church, but of the English law. The literal 

 meaning of cy pres is "as near as," The doctrine 

 is, that with respect to all charities the intention 

 of the donor, so far as it is practicable and legal, 

 shall be strictly observed ; but where it is in- 

 capable of being literally acted upon, or its literal 

 performance would be unreasonable, a decree will 

 be made for its execution, cy pres, that is, in 

 some method " as near as" possible to the specific 

 design of the donor. J. G. M. 



Dr. Duff (2''^ S. v. 46.) — Your correspondent 

 W. W. is mistaken in saying that the Rev. Dr. 

 Duff is a distinguished " American " missionary. 

 He is undoubtedly a distinguished man, but is a 

 missionary at Calcutta of the Free Church of 

 Scotland. M. 



Edinburgh. 



Marat (2°^ S. v. 32.) —I never heard of » Ma- 

 rat's walk " at AVarrington ; but I have seen, on 

 Hill-Cliffe (the "fir-crowned height" of Mrs. 

 Barbauld's verse), a walk, amongst a colonnade of 

 fine Scotch firs, which bears the name of "Al- 

 fieri," who, I believe, resided for a short time in 

 Warrington. Mibob Magis. 



'■^ AuncienV (2"'^ S. v. 31.) — In my innocence I 

 should suppose that the ^^ sagacious amicient" to be 

 presented by the bearer, was a copy of Homer or 

 Virgil in an appropriate binding, not an animaFof. 

 " venerie." J. G. M. 



MiiceUmitaug, 



NOTES ON BOOKS, ETC. 



The volume lately put forth by the Rev. James White, 

 the author of The Landmarks of English History, under the 



