Page:Notes and Queries - Series 9 - Volume 8.djvu/61

 9* s. vm. JULY 13, 1901.] NOTES AND QUERIES.

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signification. The phrase "Ah '11 skin tha wick," heard through the open window of a seaside lodging-house, puzzled me in those days. It was when I came to associate "wick" with "quick" that I understood what a terrible infliction would be raised by his mother's words for the contemplation of some errant bairn, who, as a dweller in a fishing village, would not be unaccustomed to see the utterer of the threat flay living eels. F. JARRATT.

" HEDGE," IN BACON'S ESSAY ' ON GARDENS ' (9 th 8. vii. 489). If J. F. R. will refer to Crispin de Pas's 'Hortus Floridus,' I think he will see the meaning of an " arched hedge " with a hedge above. H. N. ELLACOMBE.

CROMWELLIANA (9 th S. vii. 481). William Hetley, of Broughton, co. Hunts, married Carina Cromwell, daughter of Henry Crom- well, and granddaughter of Sir Oliver Crom- well, of Hinchinbrook.

CONSTANCE RUSSELL.

THE MANOR OF TYBURN (9 fch S. vii. 381, 402, 489). I have read with much interest the paper by MR. RUTTON, in which he not only elucidates a neglected passage in Stow, but vindicates the accuracy of the old chronicler in a very convincing manner. I have always contended that whatever may be thought of Stow's etymologies, his topography may generally be depended on. With reference to ST. SWITHIN'S remarks, I think that your valued correspondent has perhaps hardly grasped my point when I declared that I could not "accept the argument that the name 'Tyburn' was a movable one, which was bestowed on whatever site the gallows occupied." I did not refer to provincial "imitations," but to the London Tyburn, which, in the opinion of some antiquaries, was gradually shifted from the borders of St. Giles's to those of Paddington. It is of course a common thing for London names to be reproduced in the provinces. Bridewells abound in all parts of the country, and in the town near which I am writing at the present moment the sheep and cattle market has been known as Smithfield for several centuries. It is therefore quite in accord- ance with practice that the place of execution at York should have received the name of Tyburn. W. F. PRIDEAUX.

PETER THELLUSSON (8 th S. xii. 183, 253, 489; 9 th S. i. 17, 97). As the above references do not bring out clearly all the important facts of this famous will case, and as ooth * Cham- bers's Book of Days' (ii. 96, 97) and ' Haydn's

Dictionary of Dates' (p. 824) are inaccurate, it may be well to supplement them.

Thellusson left property in land worth 600,000^., to be held in trust during the lives of all his male descendants living at the time of his death or en ventre sa mere. The income of the property was to be continually invested in land. On the death of the last of the said male descendants the whole property was to be given in three equal portions to the eldest male descendant of each of his three sons, with cross - remainders to the three branches.

Alarm was felt at the possible danger to the nation from so vast a landed estate being held by one family. Computations of the ultimate value varied from about eighteen to thirty -five millions (see Hargrave, 'Juridical Arguments,' ii., App.; this volume contains the arguments in the suit of 1798-9). Appa- rently, when divided, it had not increased at all, and Chambers states as the causes legal expenses and accidents of management. No doubt the latter were the chief.

Thellusson's family may be put in tabular form thus, omitting females (see Clark's
 * H. L. Cases,' vii.) :-

A B C

_

a,6,c,rf,e[/, g-\\

R. A. T.

sons.
 * no

C. T.

d and e were twins en venire at the time of his death; /, g, y, z were born later. Thus there were nine lives to expire before the division. A was first Baron Rendlesham; a, d, e were second, third, and fourth; and R. (b. 1840) was fifth; / died unmarried 1818; <7's son A. T. was born 1826; x died 1856, last of the nine; his son C. T. was born 1822 : y died unmarried 1800; z was born 1801, and was alive at the death of x.

Thus the property had to be divided into two parts, and for each half there were two claimants. Did "eldest male descendant" mean the heir by direct male descent, or the oldest in age? The two cases were argued as one, A. T. v. R. and T. T. v. C. T., and the decision was given in 1859 in favour of the lineal heir by male descent.

There are thus several inaccuracies in Chambers and Haydn. Both put the death of the last grandson for the death of the last of the nine, and Chambers, while ignoring the existence of two suits, names the success- ful party in the second suit only, C. S. A. T.; also in quoting the statute of 1800 (39 & 40 George III., 98) it gives the period of twenty years instead of twenty -one.

MR. HIPWELL also, at the first reference, ignores the existence of two suits and two