Page:Notes and Queries - Series 12 - Volume 4.djvu/199

 12 S. IV. JULY, 1918.]

NOTES AND QUERIES.

193

Mr. Bickerton, an Oxford solicitor and proctor, who appeared for the defendant, argued that Mr. Brantingham was a subject of the U.S.A. ; but the assessor, Dr. Adams, Q.C., at once interposed that, being resident temporarily in England, he was liable to the laws of this country. Mr. Bickerton further argued that the cardinal's hat was marked on all the College plate and china used at meals in Hall, and on all the boating and cricketing uniforms, and on the Common Room note-paper. Mr. Mallam, for the Commissioners, cited various cases proving that the cardinal's hat came within the statute 32 and 33 Viet. cap. 14. The result was that Mr. Brantingham was fined 51., the lowest penalty fixed by that Act.

The case was heard before the Rector of Exeter and Dr. Adams, Q.C. I remember hearing the case argued in Court ; in fact, I assisted in getting up the case for the prosecution, and looking up cases already decided. The Oxford Union Society, which had hitherto provided for its members note- paper stamped with the arms or badges of all the Colleges, was so alarmed at 'this decision that it at once withdrew all College note-paper from use. And this on the advice of a local accountant who was con- sulted ! But when it was pointed out to the officers that the Oxford Union Society paid its annual guinea for a licence, and was a " club or society " within the terms of the licence, and that an accountant was scarcely an authority on legal technicalities, the College note-paper was restored.

Sheriffs and mayors may use armorial bearings during their year of office without taking out a licence ; but in the case of members of a " club or society " using arms at the club, I take this to be a pure act of favour on the part of the Commissioners. My old schoolfellow J. S. UDAL has, I think, stated the practice of the Inland Revenue Commissioners quite correctly, as well as the law, in his very interesting reply. Where the head of the family has taken out a licence, they permit the wife, or other members of the family living at home, to iise arms on their note-paper, &c., without the necessity of taking out a further licence. The personal use of a signet ring stands on a different footing.

One thing is certain. Inland Revenue authorities do not care a rap whether the user of arms is rightfully entitled to bear arms or not, or whether the arms he bears are proper arms or a fancy badge. All they care about is to receive the tax from ail who do use armorial bearings. It would

indeed be deplorable that old silver or old furniture should be mutilated, merely because the owner thinks (and perhaps erroneously) that the possession of it renders him liable to take out a licence.

W. G. D. FLETCHER, F.S.A. Oxon Vicarage, Bicton Heath, Shrewsbury.

OLIVEB CROMWELL'S DAUGHTER : SIB JOHN RUSSELL (12 S. iv. 102). The Russell family of Chequers have several times inter- married with the Cromwells, and the de- scendants from Frances Cromwell and Sir John are innumerable ; but I do not find in their voluminous pedigree any one who settled in America excepting Sir Charles Henry Frankland, 4th Bart., of Thirklebury, who was Frances Cromwell's great-grandson. This gentleman led a most adventurous life. At the age of 25 he was given the lucrative post of Collector of the Port at Boston, and settled there at a place called Hopkinton, where he built a large house and led a lawless life of revelry. He did not marry, but had for his companion a very beautiful girl called Agnes Surriage [?], the daughter of a fisherman, who lived with him till his death. In 1755 this couple made the tour of Europe together, and while they were staying at Lisbon the earthquake which engulfed the city took place, and Sir Charles was buried under the ruins for a considerable time ; the faithful Agnes found him, and secured his release. The horrors of his situation wrung from him vows of total reformation, which he strictly kept, his first act being to marry 8 Agnes Surriage. He died at Bath in 1768, leaving no legitimate children ; but he had a son who went by the name of Henry Cromwell, was held in high esteem, and became Rear-Admiral of the Red in the British Navy. There is a monument to Admiral Cromwell and one of his daughters in Chichester Cathedral, and it is not unlikely that he may be the ancestor of the Belgian family. CONSTANCE RUSSELL.

Swallowfield Park, Beading.

The Cromwell pedigree in Cough's edition of Camden's ' Britannia,' 1806, vol. ii. p. 263, records numerous descendants of Frances, the Protector's youngest daughter. In two cases there is an American con- nexion. Sir Charles Henry Frankland, Bart., grandson of Sir Thos. Frankland, Bart., of Thirkelby, co. York, and Elizabeth, daughter of Frances Cromwell by her second husband, Sir John Russell, Bart., of Chippenham, co. Cambridge, married Agnes