392 



NOTES AND QUERIES. 



[No. 290. 



Nottingham and Derby shires. They are differ- 

 ently situated too in the published alphabets of 

 arms, being there per fess indented. 



I presume the Duke of Norfolk and Lord 

 Thomas Howard must be the same person ; and 

 that tutor means guardian or deputy to the person 

 who had the feudal wardship of the minor ; for it 

 appears that Thomas, the second duke, was edu- 

 cated at a school, and not by a private tutor (see 

 Collins' 'Peerage). 



I have seen, in the handwriting of Sir Thomas 

 St. George, Garter King of Arms, a note of arms 

 nearly similar, belonging to a name somewhat re- 

 sembling the above, viz. " Hee beareth gules three 

 lyons passant or, armed and langued azure, by y" 

 name of Tuckey." This Is not in any published 

 alphabet of arms. Can any of your readers tell 

 where it is to be found ? for surely all those in the 

 Heralds' College, as well as many more, are in 

 Edmonston and his copyists. 



Are any of Sir Bryan Tuke's male descendants 

 existing ? 



Another grant of arms was made by Dethyk to 

 "George Toke, of Wostershyr," gentleman, in 

 consideration of his descent from ancestors unde- 

 famed, and of his manful and discreet conduct on 

 various occasions, especially under the Earl of 

 Warwick at the battle of Musselborough In Scot- 

 land. These were quite different from the others. 

 There is a doquet of them in Harl. MS. 1116. 

 p. 75. E. P. 



" Peart as a pearmonger'''' (Vol. xi., p. 232.). — 

 Xn Bohn's Proverbs this is given, " As pert as a 

 pearmonwer's mare" Perhaps peart originally 

 meant " brisk, lively," as Halliwell gives it in his 

 DirAionary. One of his examples has, " A nimble 

 squirrel sitting peartly on a bough," the other, 

 •' as peart as a sparrow," which is a common saying 

 everywhere. 1 suppose the pearmonger was se- 

 lected for the comparison, because of the repeti- 

 tion of the sound pear and peart, as is common 

 in proverbs. E. G. R. 



Names of illegitimate Children (Vol.xi., p. 352.). 

 — Distance at present prevents my obtaining ac- 

 cess to the register to which reference was made, 

 and the precise form of which I do not carry in 

 my recollection. 



Your correspondent, however, I suspect puts 

 his assumed difficulty before your readers under a 

 misconception of the English law. 



The law with respect to inheritance, in de- 

 claring an illegitimate child to be nullius filius, 

 deprives It of all rights with respect to property 

 and surname, as well on the mother's as the 

 father's side. The child has neither mother nor 

 father for purposes of inheritance. But it may 

 acquire property, and may obtain a surname by 

 reputation. But A. B. Clekk thinks that an entry 



of the father's name, " as that of a parent," would 

 " clearly be illegal." Why so ? In regard to pro- 

 perty and surname by inheritance, the child ha3 

 neither father nor mother ; but, according to the 

 law providing for its maintenance, it has both. 

 The reputed father, no less than the mother, is 

 legally liable for the child's support. The law ia 

 this respect, therefore, takes cognisance of the 

 acknowledged father. I can see no reason why it 

 should be less legal to record the name of the 

 paternal than the maternal parent, unless it be 

 forbidden by some statute with which I am not 

 acquainted. J. Sansom. 



Heavenly Guides (Vol. xi., p. 65.). — R. C. 

 Wabde may probably be able to trace the author- 

 ship of the Poor Mans Pathway to Heaven, by the 

 following extract from Banyan's Grace Abounding 

 to the Chief of Sinners : 



" Presently after this I changed my condition into s 

 married state, and my mercy was to light upon a wife 

 whose father and mother were counted godly. This 

 woman and I, though we came together as poor as poor 

 might be (not having so much household stuif as a dish 

 or a spoon betwixt us both), yet this she had for her 

 part, the Plain Man's Pathway to Heaven, and the Practice 

 of Piety, which her father had left when he died." 



And then he says : 



" In these two books T sometimes read, wherein I found 

 some things that were somewhat pleasant to me." 



The name of the author is not mentioned by 

 Banyan, but a certain interest attaches to the 

 book, from its having probably suggested to his 

 mind the idea of his own immortnl Pilgrim. At 

 all events, there is no great fancifulness in such a 

 supposition. Alfred Smith. 



Dudbridge. 



Two Brothers of the sam.e Christian Name 

 (Vol. viii., p. 338.). — To the examples already 

 given in " N". & Q.," may be added one in the 

 family of Fincham, co. Norfolk. By deed poll, 

 dated 11 Henry VII., John Fyncham of Fyncham 

 grants to John Fyncham, the elder son of the said 

 John Fyncham, John Fyncham the Younger, of 

 Outwell, son of the said John Fyncham, of 

 Fyncham aforesaid, and others, the manor of 

 Fyncham, &c. G. H. D. 



Lines written at Lord Macclesfield^s (Vol. xi.,. 

 p. 289.). — I think P. H. F. is in error in attri- 

 buting the lines written at Lord MacclesBeld's to 

 Cowper. My copy of them is headed thus : 



"A party assembled at Lord Macclesfield's amused 

 themselves with drawing follies and vices : it was agreed 

 that each person should defend what he drew. But Mr. 

 Rider, Lord Packer's tutor, undertook to write a copy of 

 verses for all, on which he produced the following." 



The lines are the same as those at page 289., only 

 " Cowardice " is named as drawn by General 

 Cuyler, not Caillard. C. de D. 



