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. appomtmenta.

Family Notices











THE JONES-HERBERT QUESTION. The following letter, from Mr. W. Herbert, has appeared in the Times, on this much vexed question. "TO THE EDITOR OF THE TIMES. SIR,-You having published, on Saturday last, the following letter from the Lord Chancellor to Lord Llanover 'THE LORD CHANCELLOB TO LOBD LLANOVBB. '34, Belgrave-square, Aug. 16. •My Lord,—I am directed by the Lord Chancellor to state to your Lordship that the Lord Chancellor has not recognized Mr. Jones, of Clytha, as entitled to be called Herbert, or. as having right to assume that surname. When Mr. Jones has obtained the Royal license to assume and bear the name and arms of Herbert, the Lord Chan- cellor will direct the necessary alteration to be made in the commission. I I have the honor to be Your Lordship's obedient servant, 'SLINGSBY BETHELL, Principal Secretary.' I would now ask you to permit me through the same medium, to correct an error, and make public a few facts connected with this subject. His Lordship's remark as to my assuming the 'arms' of Hprbert arises from his not being in possession of all the facts, for the Herbert family and my own have always borne what are the Herbert arms. "•I am the son of Mr. John Jones, of Llanarth-court, in the county of Monmouth, and have inherited the Clytha estates by will from a paternal uncle. My eldest brother, the late John Jones, of Llanarth, married the Lady Harriet Plunkett, and his eldest son (my nephew) is the present proprietor of the Llanarth estates. My nephew, Mr. Jones, married Miss Hall, daughter of Sir B. Hall, Bart. (now Lord Llanover), and shortly afterwards, in 1848, assumed, by Royal license, the name of Herbert. It follows therefore, that, being of the same family, the reasons embodied in the petition pre- sented to Her Majesty, by my nephew, Mr. Jones, of Llanarth, are those which nave actuated lIIe in adopting the Course I have taken. For the course I have adopted there are numerous precedents, and it is sustained by tL.e judicial decision of the following eminent judges:- Lords Eldon, Ellenborough, Tenderden, Cranworth, and Wensleydale, Sir J. Romilly, Chief Justices Tindal and Erie, Judges Bayley, S. Le Blanc, Holrovd, Coleridge, Alderson. These, and several other judges have held that no license or Act of Parliament is needed on a change of surname. "The surname of Wesley was changed to Wellesley, by the Duke of Wellington, when he was in India, without a Royal license; so also the family of the Duke of Somerset changed their historic name of Seymour to St. Maur. "The Herald's College has never possessed the power to grant names, but it is enabled to grant arms. Name' taken by Royal license or by Act of Parliament appear tO have been thus taken originally in order to sati-fy the con- ditional limitations of estates. When the subject of taking names was judicially under discussion in tbe House of Lords in 1735, it would seem that Royal licenses were unknown. I had believed that those only were punishable who did illegal acts, and not those who conformed to the law as interpreted by the judges of the land, but in this in* stance the Lord Chancellor has, without hearing me, or having all the facts before him, sent forth through the newspapers an expression of his opinion upon a strictly legal act, which, in effect, prevents me from qualifying and acting in the commission of the peace. Seeing that I already legally bear the arms of Herbert, and have done what the law requires on assuming the name of Herbert, I feel confident he will not refuse the necessary alteration being made in the commission oil the issuing of a DEDIMUS PBOTESTATEM to, enable me to qualify as a magistrate, if a DEPIMUS PEOTESTATBII is applied for. Believe me, Sir, to be your obedient servant, WILLIAM HERBERT "Clytba, Monmojithehire,Sept. 9th." Printed and publishedby the Proprietor William HenrJ Clark, at his Offices, Bridge Street, U sk, in the Moamowthj October II, 1862.-SECOll:D EDWOH»