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Page:Notes and Queries - Series 9 - Volume 11.djvu/444

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436


NOTES AND QUERIES. [9* B. XL MAY 30, im


Some time ago I made a note, although I regret to say I have forgotten my reference, that

"between Old Palace Yard and the Exchange there were in 1656 [the year given by Miss MITTON] over 300 water-courses, crossing the roadway (pre- sumably the larger number being on the surface), which in earlier days must have been in a very bad state for wayfarers, with its thickets and bushes, and lack of pavement, no attempt at the latter being made until the days of Henry VIII."

This being so, the number given in the query would seem to be reasonable, and in bad weather they would be distinctly and well denned, and even in times of drought the course that the water took could be easily traced; and as every roadway or other outlet into the Strand would have a "kennel" on either side, causing two separate " runnels " to cross the main thoroughfare, it will be seen, if my surmise be tenable, that these were places quite sufficient to render the punishment a very terrible one if inflicted by the vigorous arm of a strong man. I do not remember to have seen any mention of a regulation compelling the infliction of a stroke at each of such places, but we must remember that flogging at the cart-tail was of very frequent occurrence, and if such in- structions were given when sentence was passed, in all likelihood the matter would not be promulgated in its entirety, and so, probably, in many cases would not be recorded, much in the same way as, in the present day, the whole of the death sentence seldom finds its way into the public prints. Further, it may be assumed that the executioner knew what had to be done when the punishment was carried into effect. I do not say that what I suggest may be correct, but it appears on the face of it to explain away an apparent difficulty, and to be worth consideration.

W. E. HARLAND-OXLEY. C2, The Almshouses, Rochester Row, S. W.

There is nothing about "kennels" nor the " Old Exchequer " in the order of Parliament for the whipping of James Naylor. The resolution of the House ('Journals,' vol. vii. p. 468), 16 December, 1656, reads as follows :

"Resolved, by the Parliament, That James Naylor be set on the Pillory, with his Head in the Pillory, in the New Palace, Westminster, during the space of Two Hours on Thursday next ; and shall be whipped by the Hangman through the Streets, from Westminster to the Old Exchange, London ; and there likewise to be set on the Pillory, with his Head in the Pillory, for the space of Two Hours, between the Hours of Eleven and One on Saturday next, in each of the said Places, wearing a Paper, containing an Inscription of his Crimes; and that at the Old Exchange his longue shall be bored through with a hot Iron


and that he be there also stigmatized in the Fore- head with the Letter B : And that he be afterwards sent to Bristoll, and conveyed into and through the said City, on a Horse bare-ridged, with his Face backwards ; and there also publickly whipped the next Market-Day after he comes thither : And that from thence he be committed to Prison in Bride- well, London, and there restrained from the Society of all People, and kept to hard Labour, till he shall be released by Parliament ; and, during that time, be debarred from the Use of Pen, Ink, and Paper ; and shall have no Relief but what he earns by his daily Labour."

Two days later, on 18 December, the House resolved "That the Whipping of James Naylor from Westminster to the Old Exchange, London, is to be on this Day." On the 20th the "further punishment" of Naylor was suspended, on petition, for a week, but a motion on the 27th for a further respite was negatived. There are several references to him and his condition in subsequent pages of the 'Journals,' but he did not obtain an order of release from imprisonment till 8 September, 1659.

RICHARD WELFORD.

" VITA POSSE PRIORE FRUI " (9 th S. xi. 389). The quotation asked for is from Martial, ' Epigr.,' x. xxiii. 8 : " Ampliat setatis spatium sibi vir bonus : hoc est Vivere bis : vita posse priore frui." H. A. STRONG.

University, Liverpool.

[Other replies received.]

"So MANY GODS,"&C. (9 th S. xi. 187,318, 394). MR. DRUMMOND will find the required poem, ' World's Need,' in the Century Maga- zine for June, 1895, p. 185. G. E. D.

SCOTCH BALLAD : ' HABBIE SIMPSON ' (9 th S. xi. 229). To throw the utmost clearness and intelligibility that I can on the subject, I venture to scan, shortly, the Sempill family from the author's grandfather. A "registered contract of marriage between John Semple, son of Robert, Lord Semple, and Marie Livingstoun, sister of William, Lord Living' stoun" (March, 1564/5\ is found in the 'Register of Deeds,' &c. (Scott, vol. xix. fol. 359). This Marie was one of Mary Queen of Scots' maids of honour. In the register referred to James Semple is described "sone and air of the said John," and was born about 1565, and of the same age James VI., with whom he was partly educated, being instructed by George Buchanan, that eminent scholar and writer.

James was served heir to his father in 1588. He married Geillis Elphinstoun in 1594. He was a man of talent, a contro- versialist, an author, and held positions of trust under the king, whose ambassador he