Nov. 30. 1850.] 



NOTES AND QUERIES. 



449 



gave a distinct narrative of all these barbarities, and 

 under the title of Querela Cantabriyiensis, or the Utti- 

 versity of Camhridgt's Complaint, got it printed by the 

 care of Mr. Richard Royston, a bookseller of London, 

 who diJ great service to his V\n% and country, by 

 printing and disposing, in the most difficult times, books 

 written in defence of the royal cause." pp. 32-3-3. 



In the Appendix (p. 495. note), Dr. Bnmo 

 Ryves is mentioned, ami spoken of as the author 

 of Mcrcurius Rmticus ; but no notice is taken of 

 Ills being one of the authors of the Querela. Of 

 Dr. Eyves, who a.«sisted in the Polyglot, a good 

 account is grlven in Todd's Life of Bishop Walton, 

 vol. i. pp. 306—309. 



Barwick was upon another occasion assisted in a 

 work against the League and Covenant, published 

 in 1644, by William Lacy of St. John's, Isaac 

 Barrow of Peter-House, Sethward of Sidney Col- 

 lege, Edmund Baldero, and William Quarles of 

 Pembroke Hall, and Peter Gunning of Clare Hall. 

 It is not an improbable conjecture that some of 

 these distinguished men assisted in the composition 

 of the Querela. A. B. R. 



Easton. 



" Then " for " than:'' — At the end of Selden's 

 Titles of Honour (edit. 1631), after the list of 

 "Faults esca])led in print," occur the words, 

 "may with no less difficulty be amended then ob- 

 served?" Was the word then commonly used in 

 the sense of than; or is it a misprint ? P. H. F. 



[ Dr. Latham, in English Language, p. 377. (3d ed.), 

 observes, " As to the word than, the conjunction of 

 comparison, it is a variety of then ; the notions of 

 order, serjuence, and comparison, being allied. This is 

 g'Mi I : then (or next in order) that is good, is an expres- 

 sion sufficiently similar to this is better than that to 

 have given rise to it."] 



Doctrine of the Immnculate Conception (Vol. ii., 

 p. 407 ). — "Tlie Papal decision " referred to may 

 probablv be found in the Pope's Letters of 2nd 

 Feb. 1849, and of SOth May, 18.50. The former 

 professes to seek for information on this question 

 from the priests and bishops of the whole Catholic 

 world, but at the same time it enunciates clearly 

 the Pope's opinion in favour of the doctrine. 



Bath. 



J. H. M. 



In the Catholic Annual Jiegister for the Year 

 ended SOfh June, 1850, publi^hed by Dolman, will 

 be found the recent ,\llocution of his Holiness Pius 

 IX., a Pa-toral of the Car<linal Wisemiin, and one 

 from the bishops of America on this subject; from 

 which your correspomlent L. will be fidly able to 

 discover the present slate of tlie doctrine of the 

 Catholic Church on this mystery. Feste. 



Letters of Jlornivfr (Vol. ji., p. ."igS.). — Letter 

 of Horning, in the law of Scotland, are a writs 

 issuing under the signet of the sovereign (used in 



the Supreme Court, or Court of Session, for sig- 

 nifying the sovereign's assent to writs issuing from 

 that court) obtained by creditors, commanding 

 messengers at arms 



" To charge the debt ir to pay or perform his obli- 

 gation with in a day certain.". . ." If payment be not made 

 within the days mentioned in the hori.ing, the mes- 

 senger, after proclaiming three oyesses at the market- 

 cross of the head hurongh of the debtor's domicil, and 

 reading the letters there, blows three blasts with a 

 horn, bv which the debtor is understood to be pro- 

 claimed rebel to ihe king for contempt of his authority." 



§ '26. " Denunciation, if registered within fifteen 

 davs, either in the sheriflPs books or in the general 

 register, drew after it the rebel's single cheat, i. e. for- 

 feiture of his moveables to the crown. So severe a 

 penalty, with the character of rebel affixed to denunci- 

 ation on civil debts, was probably owing to this ; that 

 anciently letters of horning were not granted but to 

 enforce the performance of facts within one's own 

 power, and when afterwards [in 1584] they came to be 

 issued on liquid debts, the legislature neglected to 

 soften the penalty. Insomuch that those who were 

 denounced rebels, even for a civil cause, might be put 

 to death with impunity till 1612. Persons denounced 

 rebels have not a persona standi ne judicio. They can 

 ni-'itlier sue nor defend in any action." 



I have preferred, to any explanation of my own, 

 to make the preceding extracts from Erskine's 

 Principles of the Law of Scotland, Book ii.. Title 5., 

 Sections 24, 25, 26., — a standard institutional work 

 of the highest authority. 



For those who a-e disinclined to examine the 

 subject too gravelv, I must refer to another au- 

 thority equally worthy of credit, viz. Sir Walter 

 Scott's Antirpiary, where, in Chapter xviii., 

 " Full of wise saws and modern instances." 



the subject of imprisonment for debt in Scotland 

 is discussed most ably by Jonathan Oldbuck, Esq., 

 of Monkbarns, who proves to his nephew, Captain 

 jM'Intyi-e, that in that happy country no man can 

 be legally imprisoned _/(>/■ jeif. He says, — 



" You suppose now a man's committed to prison 

 bt'cause he cannot pay his debts? Quite otherwise; 

 the truth is, the king is so good as to interfere at the 

 request of the creditor, and to send the debtor his 

 royal command to lio him justice within a certain time ; 

 fifteen days, or siv, as the case may be. \Vell, the 

 man resists, and disobeys; what follows? Wliy, tliat 

 he be lawfully and rightfully declared a rebel to our 

 gracious sovereign, whose command he has disobeyed, 

 and that by three blasts of a horn, at the market-place 

 of Edinburgh, the metropolis of Scotland. And he is 

 then legally imprisoned, not on account of any civil 

 debt, hut because of his ungrateful contempt of the 

 royal mandate." 



I liave only quoted what was absolutely ne- 

 cessary to an.swer the (^uery ; but tliere is much 

 more to be found on the subject in the same j)lace. 



I cannot suppose that there is any one of your 

 readers so illiterate as not to have read the Anti- 



