ana mm mm Jura mm ■ MB i •OKA ENEALOGY COLLECTION GENEALOGY 942-3101 W714M 1883-1884 Digitized by the Internet Archive in 2014 https://archive.org/details/wiltshirearchaeo2118godd WILTSHIRE teologirnl unit JMtiral $ MAGAZINE, FORMED IN THAT COUNTY, A.D. 1853. VOL. XXI. DEYI2ES: H. F. Bull, 4, Saint John Street. 1884. The Editor of the Wiltshire Magazine desires that it should be distinctly understood that neither he nor the Committee of the Wiltshire Archaeological and Natural History Society hold themselves in any way answerable for any statements or opinions expressed in the Magazine; for all of which the Authors of the several papers and communications are alone responsible. CONTENTS OF YOL. XXI. No. LXI. Account of the Twenty-Eighth Annual Meeting, at Malmesbury 1 On the Architecture of Malmesbury Abbey : By C. H. Talbot, Esq. ... 26 Malmesbury Abbey in its Best Days : By the Rev. Canon J. E. Jackson, F.S.A 35 On some Place-Names near Malmesbury, and their Historic Teachings : By Rev. Canon Rich Jones 61 Extracts from the Records of the Wiltshire Quarter Sessions f Continued) : Communicated by R. W. Meeriman, Clerk of the Peace 75 On a Hoard of Gold Nobles found at Bremeridge Farm, Westbury, Wilts : By the Rev. J. Baeon, D.D., F.S.A., Rector of Upton Scudamore, Wilts 121 6S6573 No. LXII. Stonehenge Notes : The Fragments : By W. Cunnington, Esq., F.G.S. 141 Diagrams to Illustrate the Effects of the Weather upon the Flowering of Plants : By the Rev. T. A. Peeston, M.A 150 The Story of a Prebendal Stall at Sarum : By the Rev. Canon Rich Jones, M.A., F.S.A 154 A Contribution to the History of Sir William Waller (A.D. 1597—1644) and Malmesbury (A.D. 1643—1644) : By W. W. Ravenhill, Esq., Recorder of Andover , 170 Certain Old Documents relating to the Parish of Broad Hinton : Com- municated by the Rev. John A. Lloyd, Vicar 183 A Description of the Saxon Work in the Church of S. James, Abury : By C. E. Ponting, Esq., Diocesan Surveyor and Architect 188 The Ayliffes of Grittenham : By the Rev. Canon J. E. Jackson, F.S.A. 194 On the Occurrence of some of the Rarer Species of Birds in the Neigh- bourhood of Salisbury : By the Rev. A. P. Moeees, Vicar of Britford (Continued) 211 Some Un-Described Articles in the Stourhead Collection : By W. Cunnington, Esq., F.G.S 256 The Stourhead Collections of Antiquities and Books 264 Donations to the Library and Museum 267 iv CONTENTS OF VOL. XXI. No. LXIIL Account of the Twenty-Ninth General Meeting, at Andover 269 " Andover and its Neighbourhood " : By the Eev. C. Colliee, M.A., F.S.A 293 The Museum at Andover : [Communicated by the Kev. R. H. Cluttek- buck, Rector of Enham] 315 " Ludgershall Castle and its History " : By the Rev. W. H. Awdey, Rector of Ludgershall 317 Notes on the Border of Wilts and Hants : By the Rev. Canon J. E. Jackson, F.S.A 330 Old Church Plate in Wilts : By J. E. Nightingale, F.S.A 355 Silchester : [Read before the Society afe Andover by the Rev. R. H. Cluttebbuck, August 16th, 1883] 389 Some Account of the " Vyne," Hants 393 Appointment of Overseers, with instructions to see that Paupers wear a badge : [Communicated by the Rev. Canon Goddaed, Vicar of Hil- marton 395 S. James, Avebury : By the Rev. Beyan King 396 Ulttgtrattottg. Gold Nobles from Bremeridge Farm, 138. Plan of Stonehenge in its Present Condition, 142. Diagram of Flowering of Plants in 1882, 150. Plate (Figs. 1 and 2) of Saxon Work in the Church of S. James, Abury, 189. Plate (Figs. 3, 4, 5, and 6) of Saxon Work in the Church of S. James, Abury, 191. Portrait of John Ayliffe, Esq., 194. Large Funereal Urn (one of three) found in a Barrow at Kingston Deveril, by Mr. Cunnington, in 1800, 258. Drinking Cup found at Imber, Wilts, 259. Fu- nereal Urn from Durrington, Wilts, found by Mr. Cunnington, November, 1803, 260. Two Spear-heads in the Stourhead Collection in the Wiltshire Museum, 262. Chalice and a Paten, Berwick S. James, 368. Chalice and Paten-Cover, Dinton, Wilts,. 371. Chalice, Wylye Church, Wilts, 383. Plan of Silchester, 389. Yiewofthe "Vyne," 393. No. LXI. AUGUST, 1883. Vol. XXI. THE WILTSHIKE Irrjiralogital ml Hatral listonj MAGAZINE, PuMtstfjetf tmtrer tfyt fflacttiau OF THE SOCIETY FORMED IN THAT COUNTY, A.D. 1853. DEVIZES: Printed and Sold foe the Society by H. F. Bull, Saint John Stbeet. NOTICE TO MEMBERS. Members who have not paid their Subscriptions to the Society for the current year, are requested to remit the same forthwith to the Financial Secretary, Mr. William Nott, 15, High Street, Devizes, to whom also all communications as to the supply of Magazines should be addressed, and of whom most of the back Numbers may be had. The Numbers of this Magazine will not be delivered, as issued, to Members who are in arrear of their Annual Subscriptions, and who on being applied to for payment of such arrears, have taken no notice of the application. All other communications to be addressed to the Honorary Secre- taries : the Rev. A. C. Smith, Yatesbury Rectory, Calne ; and H. E. Medlicott, Esq., Sandfield, Potterne, Devizes. The Rev. A. C. Smith will be much obliged to observers of birds in all parts of the county, to forward to him notices of rare occurrences, early arrivals of migrants, or any remarkable facts connected with birds, which may come under their notice. To be published by the Wiltshire Arclmolo gical and Natural History Society, by Subscription. THE FLORA OF WILTS. BY THE EEV. T, A. PRESTOS", M.A. Farther 'particulars will shortly be sent by circular to Members of the Society. The Author will be glad if any who could assist him with a list of plants in their several localities would kindly communicate with him. Early information is particularly desired. Address — Rev. T. A. Peeston, The Green, Marl- borough. THE WILTSHIRE Jtrrjpltgiral anit Jkftmtl HSisfartf MAGAZINE. No. LXI. AUGUST, 1883. Vol. XXL Contents, PAGE Account of the Twenty-Eighth Annual Meeting, at Mal- MESBUEY 1 On the Architecture of Malmesbury Abbey : By C. H. Talbot, Esq. 26 Malmesbury Abbey in its Best Days : By the Rev. Canon J. E. Jackson, F.S.A 35 On some Place-Names near Malmesbury, and their Historic Teachings : By Rev. Canon Rich Jones 61 Extracts from the Records of the Wiltshire Quarter Sessions (Continued) : Communicated by R. W. Merriman, Clerk of the Peace 75 On a Hoard of Gold Nobles found at Bremeridge Farm, Westbury, Wilts : By the Rev. J. Baron, D.D., F.S.A., Rector of Upton Scudamore, Wilts 121 ILLUSTRATIONS. DETIZES: H. F. Bull, 4, Saint John Street. THE WILTSHIRE M4GAZINE. "MULTORUM MANIBUS GRANDE LEVATUR ONUS." — Ovid. THE TWENTY-EIGHTH GENERAL MEETING OF THE Wiltshire Archaeological & Statural ©fetorg Soctetg, HELD AT MALMESBURY, Wednesday, Thursday, and Friday, August '2nd, 3rd, and Mh, 1882. PRESIDENT OF THE MEETING, The Right Hon. Lord Edmond Fitzmaurice, M.P. ^ HE proceedings of the Twenty-eighth General Meeting1 of the Society, were opened at the Town Hall, Malmesbury, by the President of the Society, Lord Edmond Fitzmaurice, taking the chair, and expressing on behalf of several gentlemen who had written to him their regret, at their inability to be present : one of these gentlemen was Sir John Lubbock, to whom, he need hardly remind them, they owed a deep debt of gratitude, for the steps he took some years ago, in regard to those great monuments, Abury and Silbury Hill, of which he was in great measure now the pro- prietor, thereby practically rescuing the former of those monu- ments from the danger with which it was threatened : but, Sir John was also a man of world-wide antiquarian and scientific reputation. Other gentlemen who desired him to apologize for their absence on the ground of their being detained in London by their parliamen- tary duties, were Mr. Story Maskelyne, Mr. Long, and Mr. Estcourt. 1 In preparing the following account of the Malmesbury Meeting the Editor desires to acknowledge his obligations to the Editors of the Devizes and Wilt- shire Gazette, the Wilts and Gloucester Standard, and the Wiltshire Times and Trowbridge Advertiser. VOL XXI. NO. LXI, B 2 The Twenty -Eighth General Meeting. He would now call upon the Secretary, Rev. A. C. Smith, to read the REPORT. "The Committee of the Wiltshire Archaeological and Natural History Society, again desires to report a summary of the Society's proceedings during the past year. " Your Committee has to lament the decease of an unusual number of old and valued members during the past twelvemonths. Amongst these should be specially mentioned Mr. R. P. Nisbet, of South- broom House, Devizes ; Mr. G. W. Anstie, of Devizes ; Sir F. Bathurst, and the Rev. J. N. Peill, all of whom were original subscribers. Also Major Calley, of Burderop, and Mr. T. E. Fowle, of Chute Lodge, who became members in 1854 and 1855 respectively. There are also losses of other members who have joined the Society at a later period ; as well as the resignation of others under the pressure of hard times. On the other hand, and in some degree to counterbalance these losses, have been enrolled twenty-one new members during the year, the result being that there are now on the books of the Society 380 members, being a very slight decrease since this time last year. " In regard to Finance, the balance-sheet shows a slight improve- ment with respect to funds in hand since last year's report, and this is mainly attributable to the handsome sum passed over to the credit of the Society at the close of the annual meeting at Bradford, in 1881. It must not however be supposed that the Society's income is in excess of its expenditure ; on the contrary, it cannot be too generally published that its operations are oftentimes considerably hindered by a lack of adequate funds at its command. It should not be omitted to mention with gratitude that a donation of £2 was made to the funds of the Society by Mr. William Brown, Mayor of the Borough of Devizes, for the year ending November 9th, 1881. " In regard to the literary work of the Society, two more numbers of the Magazine have been issued in the course of the year, which it is hoped are not inferior in interest to their predecessors. The sixtieth number, concluding the twentieth volume, is now in course of pre- paration. The Society has also decided on the immediate publication Report. 3 by subscription, of handbooks on the various branches of Natural History of the County ; the first of which (already advanced in preparation) will be the ' Flora of Wilts/ by the Rev. T. A. Preston, to be followed by others of a similar character as may seem desirable. " Your Committee has also to report some successful explorations afield by means of the crowbar and spade. These were carried on at Abury last autumn, and resulted in the discovery of eighteen large Sarsen stones buried beneath the turf of the meadow, sixteen of which belonged to the outer circle, and two to the Northern Temple. Also at Winterbourne Bassett, the five stones above ground, which alone remained to mark the site of the double circle which once stood there, have been re-inforced by the discovery of nine others buried beneath the surface. Also on Overton Hill, in February last, the stone chamber within one of the large barrows was removed from agricultural exigencies, and a fine skeleton and a rude urn, now in the Society's Museum, were exhumed. * " The Library and Museum of the Society have been enriched by sundry contributions from various donors. Especial mention should be made of the very handsome donation of coins (several of them gold), medals, tokens and seals ; as well as an original miniature of Charles I., a very ancient watch in wooden case, and many other curiosities, given by Miss Fanny Lucas, and collected by her father, the well-known Wiltshire antiquary, the late Rev. Charles Lucas, of Devizes. We must also again call attention to the great liberality of the ' Westbury Iron Company/ by whose kindness we have received very many additional objects of Roman and Roman British times. Indeed our Museum now contains a very valuable collection of antiquities of that period, chiefly derived from the Westbury Iron Works. "It only remains to thank all who have in any way helped forward our labours during the past year ; and again to entreat the co-operation of all who take any interest in the Antiquities or the Natural History of our County." Earl Nelson, one of the vice-presidents, in moving the adoption of the report, said that, fortunately, he was at the present time pay- ing a visit to his son at Cole Park, and he was very pleased to find b 3 4 The Twenty -Eighth General Meeting. that his visit coincided with the meeting of the Wiltshire Archaeo- logical Society, over which he was afraid to say how many years back he had the privilege of presiding for three years. There was another reason why he was particularly pleased to come to Malmes- bury with the archaeologists, and that was because two years ago when he was president of the British Archaeological Society's meeting at Devizes, the only excursion he missed was the excursion to Malmesbury. He unfortunately had other business which pre- vented him joining the party that went from Devizes on that occasion. He was very glad that the Wilts Archaeological Society should have come to Malmesbury again, for he believed it had not been there for 20 years. As to the report, though they had lost some of their old original Members, which was a thing of course as time went on which they must naturally expect, it was a subject of con- gratulation that they had twenty new Members to record. And then their finances had improved ; and he thought the statement of the discoveries that had been made at Abury and at W^interbourne, where other stones had been discovered by digging, showed the importance of such county Societies as theirs. He had from the very first been a Member of the Society, and had read that very interesting publi- cation which had been alluded to, and which he was glad to say was approaching its sixtieth number, which concluded the twentieth volume. When he considered the intensely interesting matter which was contained in those volumes, not only respecting archaeo- logy, but as regarded the natural history of the county, and the valuable materials that were contributed to the history, as well as the archaeology of the county, particularly in the papers of Canon Jackson, which were the result of his researches at Longleat, he felt that he always rose from reading those publications with a sense of the importance of such a local association as theirs, in accumulating materials for the history of our county. He was convinced that there was a great deal more that could be done in the way in which Canon Jackson had been employed at Longleat, amongst other libraries and records even in the county of Wilts, and he thoroughly com- mended to those who had not joined the Society the importance of doing so,, for it was doing a great work in elucidating the history of The Opening Meeting. 5 the county ; and if they only took the trouble, as he did sometimes, to look over the history of Sir R. Colt Hoare, and considered the additions to the history of the county that had been made by the exertions of their Society, and how vastly more complete that history had been made, they would realize the importance of such an association. The Rev. G. Windsor Tucker, Vicar of Malmesbury, in second- ing the motion, said that though he did not know much of the operations of the Society yet he was able on behalf of the inhabitants of the borough of Malmesbury and the neighbourhood generally, to assure a hearty welcome to all the Members of the Wiltshire Archae- ological and Natural History Society. The Report haviDg been adopted, Mr. Ravbnhill, proposed that the officers of the Society — General Secretaries, Curators, Local Secretaries, and Committee — be re-elected. They had heard the work which had been done, and when they knew that both their t Secretaries were in such good health that they had been able to work with the spade and the crow-bar as they had done in the past year, and that they were still able to place before the Society the various papers and facts that had to be presented, he was sure they would have no hesitation in saying that these gentlemen ought to be re- elected, with the best thanks of the Society to them for the valuable services they had rendered. The Rev. Canon Jones, seconded the resolution, remarking that no doubt their officers would work as well in the future as they had in the past. The resolution was carried unanimously. The Rev. A. C. Smith said that, as a rider to the last motion, he would propose that two names be added to the list of Vice-Presidents. He was sorry it had not been done before, for he had intended to nominate them last year if it had not slipped his memory : he referred to Canon Jones and Mr. Talbot, both of whom had done good work for the Society for many years. He need not tell them what Canon J ones had done for them, because they had only to look at the Magazine ; and those present at Bradford last year would recollect how he was the very life and soul of the meeting. Then 6 The Twenty -Eighth General Meeting. Mr. Talbot — who had been his brother Secretary, and would be so now but that unfortunately, his health was not so good as could be wished — had also done much for the Society, and they owed him a debt of gratitude which they could appropriately acknowledge by electing him also a Vice-President of the Society. He also proposed the addition to the Committee of the name of the Rev. Edward Goddard, of Hilmarton, as one who would ably fill the vacancy now existing, and do good work for the Society. Mr. Medlicott seconded the propositions, and they were carried unanimously. Lord Edmond Fitzmaurice, M.P., as President of the Meeting then delivered his INAUGURAL ADDRESS, "The Origin of an English County." This is a Meeting of the Wiltshire Archaeological and Natural History Association. At first sight the union of two such subjects as Natural history and Archaeology may seem incongruous; but I think a moment's reflection will dispel any prejudice on that head. Archaeology is after all only another name for history, for without it history could not be written ; but the oldest history itself insensibly fades off into a time when man either did not exist, or, if he did exist, left no records behind him, and the only history of which we can take any cognizance at all is consequently the history of nature : the history of the mountain and of the forest ; of the wild beast, and of the mute creation amongst which the wild beast moved. But though this is so, our Society is no doubt mainly concerned with the records of man and his work : with the chronicle whereby the monk, toiling in cloisters now crumbling into dust, sought to rescue the events of his time from total oblivion ; with the buildings, whether ecclesiastical or secular, in which each succeeding age embodied its ambitions, its aspirations, and its hopes ; with the canvass upon which the skill cf the painter had impressed the likeness of the men who themselves had impressed their character on the times in which they lived. But here this con- sideration arises. We are not the British Archaeological Association The Inaugural Address. 7 — we had the pleasure of welcoming that hody two years ago — ours is a County Society. We are specially concerned with the records and history of this County, and the questiou at once suggests itself, what is a County, and why should we have a County Society ? Now it may be said we have County histories and they will give us the answer. We have the monumental work of Sir Richard Colt Hoare, unfortunately incomplete ; we have Aubrey, with his interpreter Canon Jackson ; and we have John Britton's History of Wiltshire. But all these works are not exactly histories in the sense generally attached to that word. History as a rule implies a beginning, a middle, and an end, though the end is constantly receding ; it pre- supposes a certain continuity in the subject, and a certain method in the treatment of it by the author. But none of these books, however valuable, are, or indeed claim to be, histories in the sense I have indicated. Sir Richard Colt Hoare's work is an account of the different Hundreds, one by one. The other two books I have men- tioned are arranged on a parochial basis, or mainly so. They do not treat the county as a whole, or in the order of time, and, there- fore, they are not County histories in the true sense of the word " history/'' They are rather materials for history : materials it is true of the most valuable kind, and without which a real history would be absolutely impossible. But it may be asked is a County history, on true historical lines, really possible ? I think it is. At present indeed we only know a County as a unit for certain purposes of civil administration and political organization, as sending members to Parliament, as imposing rates, and so on ; while increased facilities of communication are tending more and more to level down any peculiar characteristics which still survive to mark off one County in England from another, whether in speech, or in ideas, or in customs. And therefore it will probably be very difficult for the archseologists of the future, when we are the dust out of which the futnre generations will be made, and are become ourselves the objects of antiquarian research, to attach any very distinct ideas, social or political, to the separate counties of England, so as to mark them off one from the other, and to be able to say that in our time any particular County had a separate life and development of its own. 8 The Twenty -Eighth General Meeting. to which an individual character could be attributed. But on the other hand the further you get back the truer does the converse of this proposition become, till in our own case we arrive at a period when this County was simply the territory which a particular West Saxon tribe had occupied, forming- an Under-Kingdom, which ultimately was made a separate scir or shire, and later on came to be called a County. The history of Wiltshire begins in fact with the period when our victorious Teutonic ancestors, the Wilscetas, expelled the Celtic inhabitants and established here the outposts of the West Saxon Kingdom. I say the " outposts," for although the capital was at Winchester, it was around these North Wiltshire downs that the great military struggles for supremacy in Southern England took place, and on their possession more than once did it depend whether this country was to be Saxon or British, and later on whether or no the Danes were to supplant the English. And here the student of geography would make his voice heard in order to point out how much the course of history depends on the great natural features of a country. It' needs no reflection to understand that the possession of a district in which the head waters of the rivers flowing into the German Ocean, the Channel, and the Severn respectively, can be reached in a hard day's ride, must always have been a matter of vital importance to any invader desiring to hold Southern England. The history of this county began then with the settlements of a conquering Saxon tribe by the stream which the Britons called Guilou — the clear stream — and we the Wily, around the town of Wilton. Southern Wiltshire is in fact older than Northern Wiltshire. The tribe in question came to be called the Wilscetas, and the district around, Wilset. Their conquests were difficult and slowly made. It was up the valley of the Itch en, between the two great forests, the relics of which are still with us in the New Forest and the forest of the Sussex Weald, that the Saxons, leaving North Germany, struck into Southern England. They took Win- chester, it would seem, with comparative ease, but their first advance upon Wiltshire was for a time decisively checked by the great victory which tradition asserts to have been gained somewhere in the second decade of the sixth century by King Arthur at Mount Badon, a The Inaugural Address. 9 spot identified with Badbury in Dorsetshire, by that eminent authority the late Dr. Guest ; a victory which you recollect is com- memorated in the well-known lines of the Poet Laureate in " Elaine/' where he introduces Launcelot celebrating" the sucessive victories of his King. " The border line of Hampshire to the west/' says Mr. J. R. Green in his recent work, "The Making of England/' " still marks the point at which the Gewissas or West Saxons, were arrested by this overthrow." It was not till 552 A.D. that the great British entrenchment at Old Sarum was taken, and then the in- vaders became masters of the whole course of the South Wiltshire Avon, of Salisbury Plain, of the course of the Wily, and the land up to Mere, the name of which is itself the monument of the limits for a considerable period of their conquests to the West. Then the tide turned to the North. Verlucio and Cunetio fell, and the possession of the North Wiltshire Downs became the object of the straggle. The great earthworks which crown the Marlborough * Downs and look over the Vales of Pewsey and the White Horse are the monuments of those struggles. The probability is that the summits of the hills in that neighbourhood were a vast British camp of refuge, something like the Turkoman camp of Geok Tepe, captured the other day by the Russians. Men, women and children, and cattle and household goods, would all alike have been collected there for safety in a time of danger. The last defence was probably desperate, the line of retreat being cut off ; for the Saxon attack was most likely delivered from both sides at once, from the Vale of Pewsey and from the Vale of White Horse. This supposi- tion, too, would go far to account for what is the most remarkable fact in the English conquest of this island, viz., the disappearance in a great measure of the British population. I imagine the slaughter upon those hills was immense, considering what the total population of the country could have been at the time. " In 491, iElle and Cissa beset Anderida " — the modern Pevensey — says the old chronicler, " and slew all that were therein, nor was there afterwards one Briton left." If the old chronicler had known the facts, he would probably have had to u^rite an almost equally grim epitaph on the defenders of the old hill forts at Badbury, And here it may be 10 The Twenty -Eighth General Meeting. worth while to observe that the antagonists of the Saxons con- sisted of two very different bodies: there were, first, the citizens of the walled Romano-British towns, such as Calleva, the modern Silchester ; Cunetio, our own Marlborough ; and Verlucio, the site of which was near Calne : towns in which much of the old civilization had remained, and which themselves the objects of the hostility of the native tribes, ever since the withdrawal of the Romans, had been rapidly relapsing into complete barbarism. Both alike were, however, now threatened with a common overthrow by the new invader, and the deeds of King Arthur and the more real figure of Aurelius Ambrosius, are the legendary embodiment of the attempts of some native king, superior in energy and attainments to his fellows, to unite these scattered and discordant elements in an effective resistance. Now I have got as far as this, that before the end of the sixth century Southern and Central Wiltshire were in Saxon hands. You may think that the conquest of the remainder, when once the Northern Downs were in the hands of the invader, must have been easy work. But it was not so. North-west Wiltshire was at that time a huge mass of tangled forest and marsh, Blackmore, Pewsham, Braden, Selwood, are names we all know, though all reality has departed from them. But then they existed, and therefore our ancestors, for nearly a century after the events I have described, pushed east and south, but not north and west, and even after they had occupied the Cotswolds, they shunned the dense forests below, which for a long time separated their possessions from each other like a huge wedge. It appears that it was the loss of much of their eastern possessions to rival Anglian tribes, more than any other event, which ultimately induced the Saxons to master, as some com- pensation, this inhospitable tract, the conquest of which is of peculiar interest to this meeting owing to its bearing on the town where we are. I borrow the account from the pages of Mr. J. R. Green. " Barred from any further advance to the north, they saw even their progress westward threatened by the presence of Mercia on the lower Avon ; and it was as much to preserve their one remaining field of conquest as to compensate for the retreat of their frontier in other quarters that Cen wealth marched on this northernmost fastness of Dyvnaint. The Inaugural Address. 11 In 652, a battle at Bradford, on the Avon, made the forest tract his own, while a fresh fight with the Welsh, six years later, in 658, at a place called Pens, cleared them from the ground along the upper Parrett. It must have been soon after this conquest, that Maidulf, an Irish scholar monk, set up his heritage in the forest tract which had been torn from the Britons, and drew around him the first scholars of Wessex. Ealdhelm, as we have seen, was the most famous outcome of this school ; but he no sooner succeeded Maidulf as abbot of the little township which was growing up round that teacher's school and church — and which still preserves his memory in its name of ( Maidulf burh/ or Malmesbury, — than he became a centre, not only of intellectual, but of religious and industrial activity in its neighbourhood. In the heart of the great woodland which stretched from Malmesbury to the Channel, he planted four new germs of social life in the monasteries which he established at Bradford, on the Avon ; at Frome, on the little river which bears * that name ; at Sherborne, on the borders of the forest country through which the Dorsaetas must have been still at this time push- ing their way ; and at Wareham, on the coast beside Poole — -a point which shows that these invaders had already advanced at least thus far towards the west. The churches he raised at these spots are noteworthy as the first instances of building which we meet with in Wessex, but they had nothing of the rudeness of early works ; architecturally, indeed, they were superior to the famous churches which Benedict Biseope was raising at this time by the banks of the Wear. So masterly was their construction, that Ealdhelm's churches at Malmesbury and Sherborne were the only churches of this early time that were spared by the Norman architects after the Conquest ; while the church which he erected on the scene of Cenwealtlv's victory at Bradford- on- A von stands in almost perfect preservation to-day." 1 It may be presumed, from the name of Wilset having 1 " Making of England," page 340. The author of this work has quite recently been lost to literature by death. I am glad to have this opportunity, in the pages of a magazine devoted to the subjects in the knowledge of which he was pre-eminent, of expressing my sense of the loss which archaeology has thereby The Twenty -Eighth General Meeting. been extended northward into the valley of the Somersetshire Avon^ that the same tribes or families which had settled in the valleys of the Southern Avon, the Nadder and the Wily, were those who bore the most prominent part in the northern conquest, and that the bound- aries of what we call Wiltshire thus came to be gradually established, first, probably in the reign of Ine, the lawgiver, and finally, in the time of Alfred, according to the tradition preserved by the Wiltshire historian, William of Malmesbury, after the final repulse of the Danes from Southern England : a repulse determined by a great battle fought on the skirts of the North Wiltshire Downs, upon much the same ground as that where the final struggle between the Saxon and the Celt had before been determined, whatever the exact site may have been. Thus, in the case of Wiltshire, and it may be added, in the case of four of the other shires carved out of the old West Saxon Kingdom, viz., Somersetshire, Devonshire, Berkshire and Dorsetshire, we find the limits of the county deter- mined by the settlements of invading tribes, and not grouped around any town bearing a cognate name. Indeed, Berkshire and Devonshire have no cognate town at all, while Somerset and Dorset, which have cognate towns, are not called after them. On the other hand, it would appear that in the case of Wiltshire, as of Hampshire, although the county was not grouped around the town, nevertheless the county was named after it, and Mr, Freeman accounts in this manner for the t in the modern form " Wiltshire." The case of the counties north of the Thames and in central England generally, was widely different. The Danish invasion destroyed the old divisions, and after the Danish conquest the land was divided again either by the Danish rulers, or again at a later date by the English Kings after the re-conquest, and the counties being mere administrative divisions were always grouped round a central town. Such, then, is our county in its origin, an old Saxon Under- King- dom gradually becoming an administrative division of the great sustained. It was the special merit of Mr. J. E. Green, to have popularized the study, and to have brought home to many the comprehension of the fact that without archaeology true history could not be written. The Inaugural Address. 13 English Kingdom, of which the old West Saxon Kingdom is now itself a part. You will see that when George III. talked at his accession about having been born and bred a Briton he was talking nonsense, but that if he had said that born an Hanoverian German he was closely allied by birth to the people whom he was called to govern, he would have said something worth listening to. To follow out the fortunes of this old Teutonic shire through the successive phases of English history, to examine its customs, its land tenures and buildings, to ascertain what men it produced, and to follow out what contributions they individually made to the successive struggles by which English liberty in Church and State was won, and the three kingdoms were welded into a united whole, . would be no useless or unworthy task. But time fails. For to-day it is enough to have seen how our ancestors got here. Omne solum for ti p atria f " the brave man is at home everywhere/' was the motto which General Ludlow, the Wiltshire champion of the Parliamen- * tary cause in the 17th century, inscribed over the door of the humble mansion above the shores of the Lake of Geneva, where, the victim of political ostracism, he had taken refuge in the evening of life from the dagger of hireling assassins. The thoughtful care of a descendant has piously removed the inscription from the house to find it a more fitting place among the abodes of his own people ; but while praising the deed, we at least do not require the inscription to remind us that the descendants of the old Saxon settlers by the Wily have ever been able to speak with their enemies in the gate, and that Wiltshire would have no need to be ashamed of them or their deeds at the bar of history, should anybody attempt to investigate their claims to remembrance. Yes : men may remember well This land of many hues ; Whose charms what praise can tell, Whose praise what heart refuse? The Rev. Canon Jackson, in moving a vote of thanks to the noble President for his valuable address, said as one of the original founders of the Society he remembered its first meeting at Devizes, 14 The Twenty -Eighth General Meeting. 29 years ago, when their president was the grandfather of the noble Lord who was now in the chair. Lord Lansdowne came from Bowood to give them an address, and it was not only a very good address in itself, but it contained a great many kind words of en- couragement, and he wished God speed and success to the Associa- tion. He called to mind that the present patron of the Society was the Marquis of Lansdowne, and they had now in the chair his brother, Lord Edmond Fitzmaurice. This showed them that the House of Bowood had not forgotten the character which it had so long borne in this county of attention to, and accomplishment in, not only political matters, but also literary matters, matters which con- cerned inferior things as compared with political business. Lord Edmond Fitzmaurice had shown that he was not only well qualified to represent a Parliamentary constituency, and indeed any body of men, but by his address that day he had shown very great qualifica- tions as President of the Wiltshire Archaeological Society. The Rev. H. A. Olivier seconded the vote of thanks, which was carried by acclamation. The noble President said it was a great pleasure to him to continue in the steps of his grandfather in these matters, who he believed was the first chairman of the Society. His grandfather always felt the great importance of all literary subjects, and he himself had always had the keenest interest in them. He hoped it was not the egotism of a person who had dabbled a little in literature, as he had, when he said that he somewhat dissented from Canon Jackson's assertion, and ventured to doubt whether the position of literature was not more important than that of politics. The position of literature in England, as compared with that which it occupied in some foreign countries, such as Germany and France, was one of inferiority, which was to be regretted and deprecated in every way. He held, with the late eminent novelist, Mr. Thackeray, that literary men were the salt of the earth. Thackeray was prepared to argue the point, and though he would not undertake that task, he was for literary men holding their own, and not proclaiming their inferiority to politicians, because if they examined into the amount of good done to the world by literary men and the good done by politicians, The Opening Meeting. 15 they would find that literary men had done a great deal more good of the two. In conclusion he called upon Mr. Talbot to give them a paper on " The Architecture of Malmesbury Abbey/'' which that gentleman did with great ability , and afterwards conducted the party around the building, pointing out the details alluded to in his paper, (which will be found in a subsequent page of this Magazine) and care- fully explaining the various particulars of interest on which he had treated. Within the Abbey he pointed out those portions of which he had before spoken, which represented the original Norman work. The great arch, now entirely blocked up, at the east end of the nave, formed the western arch of the central tower, he explained, the Norman arch remaining as built. The choir screen, as they now saw it was a work of the time of Henry VII. The characteristic Norman work in the nave was conspicuous in the immense circular pillars and the arches, which were bluntly pointed. Above they had the triforium, and then above, the clerestory and vaulted roof of the *14th century. The peculiar tracery of two 14th century windows on the south side was noted, and next the fact that the Norman windows on the north side had been inserted at an unusual elevation on account of the cloisters abutting against the Church on that side. Some antique stalls were also noticed, with quaint carvings on the arms. In the vestry were the remains of the tile pavement of the 14th century. The monument to King Athelstan was viewed with interest. The triforium gallery was originally open, but now walled up behind the arcade, this having been done in modern times, probably to keep the Church warmer. The ornamental work in the mouldings of the arches was believed by Mr. Talbot to have been executed at a later period than that of the original building, and peculiarities in the arches and string course above were indicated. The ornaments on the latter had been originally carried out through the whole Church, but at some time a portion had been hacked away, commen- cing, and continuing westward, from the bay over which had been constructed what was believed to be a watching chamber : a place I from which watch could be kept on the treasures of the Church ; though its use was by no means certain. Canon Jones remarked that the sacristan always lived upon the 16 The Twenty-Eighth General Meeting. spot, and he could keep a look out from this chamber over the whole Church. Dr. Jennings said that an old inhabitant of the borough (now in his 90th year) had told him that at the beginning of the present century it was the private pew of the chief magistrate, who was a lawyer, and that he sat there on Sundays and watched who attended Church, in order that those who did not attend a certain number of times might have a fine inflicted on them. Mr. Talbot thought this was possible, and added that whatever its use might have been, it was certainly medieval, and no post- Reformation work. The party were then conducted round the exterior of the building, the porch being first examined. The figures on the side walls of the porch, Mr. Talbot believed, were of earlier workmanship than the series of sculptures on the arch, being much ruder in execution. Mr. Croome, the parish clerk, pointed out the subjects of all the sculptured medallions with which the porch is enriched, and which represent events in both Old and New Testament History, beginning at the Creation, and closing with the Resurrection and the descent of the Holy Ghost ; besides eight — four on each side — representing St. Michael and his encounter with the dragon. A very careful and complete inspection of the exterior of the church was then made, the party throughout having the advantage of Mr. Talbot's explana- tions and suggestions ; and before leaving this interesting spot, a vote of thanks was most cordially presented to him, on the motion of the President. The Members then visited the Abbey House, where a fine old solid oak staircase was seen, and the cellars, which really formed a portion of the old monastic buildings. Before leaving, the party were kindly invited by Dr. Jennings to refresh themselves with a cup of tea, and this was gratefully accepted. The day's perambulation included a visit to St. John's Hospital, part of which is now used as the Court House of the Corporation : and the Market Cross, which has recently been very carefully- restored. The Annual Dinner. 17 THE ANNUAL DINNER, took place at the King's Arms Hotel, the President in the chair, when the usual loyal and complimentary toasts were given. In returning thanks for the Bishops and Clergy of the two Dioceses of Salisbury, and Gloucester and Bristol, the Vicar of Malmesbury, the Rev. G. Windsor Tucker, said, " there was a time in which the Bishops of Salisbury and Gloucester and Bristol, were not quite so amicable as they now were. Or rather he might say there was a time in which the Bishop of Salisbury was a very troublesome man in Malmesbury. He was speaking in the presence of those who were acquainted with the History of the town of Malmesbury, and there were many years in which the Bishop of Salis- bury endeavoured to merge the Abbey in the see of Salisbury. Happily, those days of contention had long since passed, and now they were able to sleep under their own vines and fig trees in Malmes- bury, without any fear of the terrible Roger of Salisbury. On behalf of the town and district he repeated his welcome to the Society, and assured them that the clergy of the district regarded their visit with great interest, and would have great pleasure in enabling the Society to see what was worth seeing in the Churches of that neighbourhood." The Rev. C. Soames, after returning thanks for the Lord Lieu- tenant and Magistrates of the County, proposed the health of the President. As a legislator in the House of Commons, Lord Edmond had gained a distinguished place and made a great mark, while as a person taking a great interest in the public affairs of the county he was so well known and so much respected, that it was a matter of no surprise but of great satisfaction to everyone to find that he was likely to make as distinguished a mark as an archaeologist. Lord Edmond Fitzmaurice said, speaking in a Wiltshire town, to a Wiltshire audience, at a Wiltshire Archaeological Meeting, he would dwell upon none but home topics. It had given him the greatest pleasure to be able to come there that day. Last year he was prevented from performing his duties as president of the Society, because last year, by an unfortunate coincidence that sometimes would occur, the Lords' amendments to the Irish Land Bill came down to the House of Commons on the very day fixed for their vol. xxi. — no. lxi. c 18 The Twenty-Eighth General Meeting. meeting. On the present occasion he was glad to be able to escape from the turbid atmosphere of politics to the more peaceful realms of archaeology. It was gratifying to anybody who had been engaged, as he had, for so many months past, he would not say in assisting, but in vainly attempting to prevent the constant waste of time for which the house of Commons had now chiefly become distinguished, to be able to come down and spend a quiet, and he thought more useful day amongst Wiltshire Archaeologists. As a politician he would venture to say that archaeology was not, as people sometimes seemed to think, a science of the past. Archaeology was, as he ventured that day to argue, only another name for history, and no man could be a safe doctor for the State, unless he had not only got some knowledge of the present of a country, but also of its past. Indeed, he thought it could be shown that there had hardly been a person who had occupied the first political position in the State who could not be proved to have been in one kind or another a close observer of the history and habits of his countrymen. He would say that of the present Prime Minister, as well as of his great rival so recently dead, and more especially of one whom it was his privilege to know from his earliest youth, he alluded to Lord Russell, whose very mind was saturated with the history of his country. That being so, it seemed to him that archaeology was not a work from which the politician should turn aside. Again, the archaeologist was sometimes able to be of use in regard to questions of local administration. His friend Mr. Merriman and himself had that afternoon, indeed, been helped to an accurate decision about a question affecting some of the roads of the county, by the opinion of Canon Jackson in respect to a question as to whether a particular place was or was not at a particular date a separate parish. Further, with regard to such questions as those on which local administrators and writers on local administration were so much divided, a great deal of useful light could be thrown by a study of what was formerly done in this country. For example, they heard a great deal now about the necessity of having some unit of administration intermediate between the county and parish. Well, as he had often argued elsewhere, what on earth was that except going back to the habits of their Saxon The Opening Meeting. 19 ancestors, and setting up the hundreds which about 30 years ago their predecessors so unwisely went out of their way to take so much trouble to destroy. He put these few observations forward to show that archaeologists were not the ridiculous persons they were sometimes described. The noble lord then proposed the health of the general secretaries, the Rev. A. C. Smith, and Mr. Medlieott ; the curators of the museum, Mr. Cunnington, and the Rev. H. A. Oliver ; as well as that of the Committee. He paid a high testimony to the value of the services of these gentlemen, and said it was to Mr. Smith's efforts that they were indebted for the discovery of additions to the Avebury monument, than which no monument was dearer to Wiltshiremen both on account of its importance, and also its recent escape from destruction. The Rev. A. C. Smith, in reply, repeated that the Society was in a flourishing condition, and as long as they were received as they had been received at Malmesbury it could not be otherwise than flourish- ing. But the real work of the meeting devolved on the Local Committee, and especially on the Local Secretaries, and he therefore proposed the health of Mr. Forrester and Mr. Jennings, the Secre- taries, for the kind assistance they had rendered. He also thanked Mr. and Mrs. Jennings for their generous hospitality at the interest- ing Abbey House, over which they had been permitted to wander. Mr. Forrester said he was sorry to say he had the pleasure of occupying the post of Local Secretary on the occasion of the last visit of the Society to Malmesbury, now 20 years ago, and if the present Meeting went off with the same success as did the former one, his colleague and himself would be fully repaid. He gratefully acknowledged the valuable assistance rendered by many kind friends in the town. The health of " The Ladies," proposed by the President, and re- sponded to by the Rev. J. D. Forbes, concluded the toast list. THE CONVERSAZIONE was held at the Town Hall, at 8 p.m., and was well attended : Lord Edmund Fitzmaurice again occupied the chair : and two interesting papers were read, the first by W . W. Ravenhill, Esqv c % 20 The Twenty -Mghth General Meeting, on "Sir William Waller/' and the second by Canon Jackson, on "The Abbey of Malmesbury before the Dissolution/'' As both papers will appear in the Magazine they need not further be alluded to here, except to say they were listened to with great attention, and received the cordial thanks of the audience, conveyed in grace- ful terms by the President. SECOND DAY, THURSDAY, AUGUST 3rd. The archseologists, to the number of about sixty, assembled at the Town Hall, at nine o'clock, according to the programme, and left Malmesbury in a sufficient number of breaks, for the first day's excursion. The weather was all that could be desired. The first halt was at Charlton Church, the oldest portion of which is the Nor- man arcade with four arches, which divides the north aisle from the nave. Thence to Charlton House, which had been kindly thrown open for inspection by the Earl of Suffolk, and where the famous collection of pictures was viewed with the keenest interest. Bro- kenborough was the next halting-place, where there is now little to be seen by the archaeologist, though Leland says that the West Saxon kings had a palace here called Caidurburgh, as early as the middle of the seventh century. The royal residence is said to have existed here till the reigD of King John ; and Aubrey reports that the ruins of it were pointed out to him by the inhabitants of the village as the seat of King Athelstan. The Church is a small unpretending building, though Aubrey records its former glories, even in his time long since departed. " Before the warres, they say, were very fine windows, but now utterly defaced." In the chancel arch, are the corbels, which used to support the beams of the rood-loft, the doorway of which, though now walled up, can be distinctly seen. There is also a good piscina here. Leaving Brokenborough on the road to Pinckney, a considerable stream of water was safely forded, and the old Roman road, known as the Foss Road was crossed, and here a short halt was made, while Mr. J ennings pointed out that in a sheltered nook on the old Foss-way, a little to the south, was the site of the old Roman station of Mutuatonis, or " White Walls," which was midway between Bath and Cirencester, situate on rising Second Bay, Thursday, August 3rd. 21 ground on the banks of the Avon : and that in Easton Grey wood close by — commonly known as " White Walls Wood/'' is said to exist a mound on which stood the Roman Prsetorium. The spot is prolific in the yield of Roman coins, pottery, and other relics of its ancient occupants : indeed, it is quite a common occurrence for agri- cultural labourers to turn up specimens of Roman workmanship, when engaged in tilling the soil. The next place visited was Easton Grey, whose Church completely re-built in 1836, though prettily situated, offered no attraction to archaeologists. Pinckney Park, the property of Mr. Cresswell, was the next halting-place, and here the occupier, Mr. Barker, very kindly conducted the numerous visitors over the house, where various objects of interest, including some curious old prints, were inspected. Sherston Magna detained our excursionists longer, for in the first place luncheon was prepared in the school -room here, and was heartily appreciated : and then Sherston claims to have been a place of some importance before the Norman conquest, and there is little doubt that it was the Sceorstane of the Saxon Chronicle, where a battle was fought in 1016, between King Edmund Ironside, and his Danish competitor Canute. The Church is an ancient and spacious edifice, with a central tower, sur- mounted by an open parapet and pinnacles. Over the porch, which is ornamented with a sculptured figure on the exterior, is a room in which, according to tradition, the Saxon King, Edmund, slept the night before the battle of Sherston. The sculptured figure alluded to above, was popularly supposed to be that of a hero, known as " Rattlebones," who distinguished himself in the fight against the Danes, but this view was not accepted by the archaeologists. Canon Jones gave it as his opinion that it once formed one of the four figures of a Church cross, from whence it had been removed to its present site. He should not be surprised if it was a representa- tion of our Blessed Lord, with the book of law in His hand, as the Judge, and the hand raised in pronouncing the benediction. Canon Jones also gave, by request, an impromptu description of the main features of the Church, which he remarked, was an old Norman edifice, of which the best portions were to be seen in the central tower, chancel and nave. He had not the slightest doubt that the whole 22 The Twenty -Eighth General Meeting. was built at a very early date, as could be seen from the Norman piers. The east window, he believed, dated from the end of the thirteenth century. No doubt the transept was the chapel of some great family ; the window of it, which was a fine one, was of the same type as those of Salisbury Cathedral. In the chapel is a tomb, evidently to a great benefactor of the parish. The south aisle was of much later date. The Church, he was persuaded, was originally cruciform, with nave, aisle, and two transepts. The arches of the nave were extremely beautiful. The tower had at some time been entirely re-built, execepting the lower part, which struck him as being much older than the upper. The existing tower dates from the fifteenth century. Alderton was the next place visited ; but the Church did not occupy much time, being in great measure a modern building, though containing a fine rood screen, and a north door which comprise nearly all the portions which remain of the older edifice. Grittleton was reached by a pretty drive, and here the Society was welcomed by Sir John and Lady Neeld, with their accustomed liberality and hospitality ; the many beautiful objects of art being pointed out by the courteous owner and several members of his family, and refreshments being provided, after the manner of Grittleton, as the Society has experienced on several pre- vious occasions. After a hearty vote of thanks from the Secretary, and a brief inspection of the church close by, the whistle was sounded, and the visitors drove to Hullavington, whose Church, though last in the day's programme, was by no means one of the least interesting of those inspected during the day. It shows various styles of architecture, including Norman and early English. The most interesting feature is a portion of a fine old rood screen, between the north aisle and the chapel formerly belonging to Bradfield Abbey — which once existed in the parish. The lower part of this unique screen is in the Decorated and the upper in the Per- pendicular style ; being of fourteenth and fifteenth century dates. There is also a fine chancel screen of a later period. In the chapel of Bradfield is a quaint memorial to the memory of Simon James, who died 1616 ; and also the upper portion of the old Norman font. A very interesting relic still preserved in the Church, and which Third Bay Friday > August kth. 23 was exhibited by the Vicar (Rev. L. E. Sweet, who met the party at the Church), is a chasuble, belonging to pre-reformation times, which is now used as a pulpit cloth, and at one time did similar duty in connection with the altar. It is beautifully worked, though from time to time it has been considerably cut about to suit it to the purposes for which it has been used. After examining this and other features of the Church, the carriages were mounted, and in due time Malmesbury was again reached, after a most pleasant excursion. THE CONVERSAZIONE was held in the Town Hall, at 8 p.m., the Rev. Canon Jackson presiding, in the absence of Lord Edmond Fitzmaurice. Two interesting papers were read, the first by the Rev. Canon Jones, " On some Place-names near Malmesbury, and their Historic Teach- ings " ; and the second by Rev. T. A. Preston, on the " Flowering of Plants in 1880, 1881, and 1882," the latter illustrated by some exceedingly interesting diagrams, which showed at a glance the amount of sunshine, the rainfall, and the temperature, and their in- fluence on the flowering of all the commoner plants in those three consecutive years. The hearty thanks of the Meeting were given from the chair, to Canon Jones and Mr. Preston, both of whose addresses will be printed in the Magazine. Complimentary votes of thanks were also passed to the Committee of management at Malmes- bury, to Canon Jackson for presiding, and to the General Secretaries, THIRD DAY, FRIDAY, AUGUST 4th. On Friday morning, the archaeologists (somewhat diminished in number since the previous days' excursion), assembled again at the Town Hall, at nine o'clock, and started in breaks and other carriages, and drove first to Little Somerford, where they were met by the Rector, (Rev. Arthur Evans), who conducted the party over the Church, and pointed out the handsome 14th century screen, and a carved stone, bearing on one side the representation of the Cruci- fixion, and on the other that of the Blessed Virgin, and which the archaeologists (with an unwonted unanimity of opinion) decided to £4 The Twenty -Eighth General Meeting. have been the top of a churchyard or wayside cross. From Little Somerford the party drove to Broad Somerford, where also the Rector, (the Rev. W. Andrews), courteously received them at the entrance to the churchyard, and led the way to his interesting Church, which he had restored with good taste, and where the original rood stair- case on the south side, and the hagioscope on the north, were objects of special attraction. A large circular mound of earth, abutting close on the churchyard, and washed at its base by the river, was also visited, and its probable intention much discussed, the pre- ponderating opinion being that it was originally the site of a stronghold of Saxon or Danish times. Thence a short drive brought the party to Dauntsey, where again the Rector, (the Rev. Arthur Law) , pioneered them over his very interesting Church, the chancel of which he had thoroughly restored in the true conservative spirit so dear to archaeologists. Several ancient monuments here demanded careful examination, and an old painting, grotesque in its details, of the "Last Doom," was the subject of close examination. From Dauntsey a long pull up the steep hill conducted to the remains of Bradenstoke Abbey, where the party was reinforced by many additions ; and where Mr. Frederick Goldney was ready to receive the visitors with the hospitality which invariably meets the archae- ologists when they visit this famous relic of monastic times. Nor were the refreshments so generously provided by any means declined by our archaeologists ; and then they rambled over the premises* some to the attics to see the great beams of the old roof, some to the top of the building and some to the cellars ; and then over the gardens and into the barn, itself a noble specimen of its kind. Descending again by the same hill, and passing Dauntsey Station, where some of the members were deposited on their homeward journey, the ex- cursionists next drove to Christian Malford, where the Vicar, the Rev. Canon Miller, very courtously conducted them over his beauti- ful Church, and here they lingered some time, in examining the many points of interest, not the least of which was the old register containing two remarkable entries, the one of a man touched for the king's evil at the end of the seventeenth century, the other of certain persons who had been pronounced excommunicate at about the same Third Bay, Friday, August 4>tk. 25 period, and from one of whom the sentence was removed after an interval of no less than forty years. Within a short distance of the Church was pointed out in an orchard the base of an old cross, if not the original, yet in all probability the successor of that which once stood at the ford over the river, and gave its name to the village, " Christ's mal " signifying no other than Christ's Cross or Crucifix, such as may so frequently be seen in Italy or Spain by the wayside, or near bridges or fords over streams. Sutton Benger was the next halting-place, and some of the more enthusiastic visited the handsome Church, remarkable for its peculiar style of architecture, and the flowing tracery of its windows : but the visit was a hurried one, for here the party was to lunch, and the fresh air and the long drive had sharpened the appetites of alL Immediately after luncheon, a short walk across the meadows brought the visitors to Draycote. The Church was first examined, and here you descend a step from the porch to the nave ; still more remark- able, you descend again from the nave to the chancel, which lies: some feet below the Churchyard outside. The effigy of a cross- legged knight, and other tombs and brasses were examined with attention, and then, passing out by the square room, furnished with table, chairs, fire-place and screen, which does duty for the pew of the Great House, the party entered the mansion of Lord Cowley hard by, and wandered over the sitting-rooms, and examined the pictures, several of which are of great merit. Rejoining the carriages, a beautiful drive through the very fine park of Draycote brought the archaeologists to Seagry, where the Rev. Mr. Anketell, the Vicar of that parish, not only conducted the visitors over his extremely interesting Church, and pointed out the many objects which called for special attention, but read notes on the parish and its history, such as he had gleaned from sundry ancient Anglo-Saxon and other charters, copies of which he exhibited in the porch. The next halt- ing-place was the field close by, where excavations had been made in hopes of discovering a heathen burial-place, alluded to in one of the charters ; but though certain fragments of undoubtedly ancient British pottery had been brought to light, the long trenches cut through the field gave no indication that the ground had been 26 On the Architecture of Malmeslury Alley, previously disturbed, nor did the long ridges of the meadow bear any appearance of sepulchral barrows. From Seagry a pleasant drive brought the party to Rodbourne, the hospitable house of Sir Richard Pollen, who, assisted by Lady Pollen, took pains to point out the pictures and very valuable en- gravings with which the house is filled, and regaled their numerous guests with tea and coffee and other refreshments, for which the Secretary, Rev. A. C. Smith, in the absence of the noble President, tendered the thanks of the Society : and then it was time to hasten back to Malmesbury to catch the last train which was to convey the archaeologists to their several homes, East, South and West ; and so ended the very enjoyable Malmesbury Meeting, to the success of which every thing (including perfect weather) conduced, and which will not be readily forgotten by any who were so happy as to take part in it. By C. H. Talbot, Esq. (Read before the Society at Malmesbury, August 2nd, 1882.) ^§|jf^j somewhat difficult task has been imposed upon me. The 111111 §^ory °f Malmesbury is its Abbey Church, and it has been thought desirable that some description of the building should be given in this room before we visit the Church itself. Having been asked to describe it, I have not liked to decline an undertaking which, however, I do not feel competent properly to discharge. I can only give a summary of what has already been published on the subject, and cannot expect to add much of my own. I have refreshed my memory by reading over various papers, of which the most impor- tant, I think, is that of Mr. Freeman, published first in the By C. H. Talbot, Esq. 27 " Ecclesiologist," and re-published in the " Wiltshire Archaeological Mayazine!3 1 I shall not speculate upon what may have been the character of any church which preceded the present one. We have still re- maining a very noble building which is however the mere wreck of its former self. It is not known to whom the design of the original building is due. Mr. Freeman seems inclined to attribute it to Bishop Roger, of Salisbury, but that can only be considered a con- jecture., and I do not think there is any positive evidence to support it. What is certain is that it is a very early example of the transition from the round-arched to the pointed-arched method of building, being essentially Norman, but with the use of the pointed arch for the pier-arches of the nave-arcades. The original church, besides the nave, the extent of which is seen at a glance, consisted of choir and transepts, with a central lantern tower. From what remains of the tower, we find that, though it was square in plan, the * openings to the transepts were much narrower than those to the nave and choir, wing-walls being introduced, yet the pointed arch was not used for these narrower openings, but the transept- arches were considerably stilted, to bring them to the same height as the others. From this I should think it probable that the church was begun at the east end, that the pointed arch was not used in the choir, as we see that it was not under the tower, and that the nave is rather later. In St. John's Church at Devizes, where the tower is not square in plan, the round arch was used for the wider open- ings and the pointed arch for the narrower openings of the transepts, with no difference in date between the two. Mr. Freeman has pointed out that the eastern and western tower-arches have as little projection in the pier as possible and that their shafts are recessed, whereas the northern and southern arches have bold projecting re- sponds, and that the probable explanation of this is that the ritual choir was under the lantern and that it was desired to get as much uninterrupted backing for the stalls as possible. To return to the nave — Internally the original design remains ^ol. viii., p. 82. 28 On the Architecture of Malmesbury Abbey. unaltered till we get to the clerestory. We have plain cylindrical pillars with scalloped caps and arches slightly pointed; above these, the triforium with round arches, enriched with the chevron or zigzag ornament, the actual opening to the triforium gallery being by an arcade of four small arches, with a solid tympanum above. Under the triforium runs a string-course, enriched with an ornament, which to my mind, is suggestive of classical traditions. This has been defaced effectually in the three western bays of the present church, on the south side, and roughly, throughout, on the north side. The deface- ment of this ornament is not the work of very recent hands as is evident from its having been carried out in the ruined part of the nave. I think it may have been done in the fifteenth century. It is noticeable that the defacement begins, on the south side, at that bay of the triforium to which is attached, without much regard to appearances, a small erection of that date, supposed to have been a watching chamber, and evidently the object has been to get rid of an ornament which did not suit the taste of the later builders. The two easternmost arches of the nave- arcade, on each side, have been enriched by later Norman ornament cut out of one of the mouldings of the arch, that is to say, however soon after the building of the arcade it may have been done, there is no doubt but that the moulding was originally plain as in the rest of the arcade. To my mind this additional ornament does not add to but detracts from the grandeur of the work. Another instance of progressive decoration is to be seen in the wall-arcade of the north aisle. The greater part of this arcade is o£ plain arches with a square edge. A roll moulding has been cut on after in the east part o£ the aisle. Throughout the rest of the church this moulding is found, but the arcade was probably at first plain. Further instances of progressive decoration, in the Norman period, are to be seen in the porch and the remains of the west doorway. From the caps of the great pillars spring clustered shafts which ran through to the roof, I presume, and have served as vaulting shafts for the builders of the fourteenth century. The character of the original clerestory can only be made out externally. The aisles retain their Norman vaulting unaltered, with the exception of one bay on By C. H. Talbot, Esq. 29 the north side, and were lit by round-headed single-light windows, one in each bay, under which ran an ornamental wall-arcade in- ternally, and another such arcade of intersecting arches externally on the south side. The original clerestory is seen externally to have had single-light round-headed windows, ornamented with medallions running round them. There is a remarkably fine south porch which has been cased over externally in the fourteenth century, but inter- nally all the original Norman work remains. It is richly adorned with sculptures which I shall not attempt to describe, further than to notice that the sculpture is not all of one date. The porch was intended to have been vaulted, but probably the vaulting was never erected, for there seems no reason why, if completed, it should ever have been removed. On the side walls of the porch, above a wall- arcade and below the intended vaulting, are some rather rude sculp- tures believed to represent the twelve apostles, six on each side, with two angels over. It is evident, at a glance, that these are - earlier than the rich carvings of the great arch of entrance. The fact is that the latter have been cut out of the original plain mould- ings of the arch, and in the west doorway of the nave some of the mouldings were so treated and some remained plain. The west end of the church was an example of that peculiar taste which, disregarding the features that the nave and aisles would have presented when seen from the west, erected a great show front or architectural screen which concealed them, and Mr. Freeman has suggested, with great probability, that this west front of Malmes- bury may have been the prototype of the west front of Salisbury Cathedral. There was one door only in this front the remains of which show that it was of a very ornamental character. I now come to the great works of conversion in the fourteenth century. It is a well-ascertained and rather regretable fact that our ancestors, like ourselves, were often not inclined to let well alone. It is only to be hoped that the liberties we take with their works will be as interesting to our successors as their alterations are to us. The period of these works is the reign of Edward the Third, and the style what we call late Decorated. The clerestory has been com- pletely remodelled. It is probable that up to this time, the church, 30 On the Architecture of Malmesbury Ahbey. with the exception of the aisles, had a flat wooden ceiling such as we may still see remaining in Peterborough Cathedral and elsewhere. In the north transept the indications of this ceiling may still plainly be seen. There is, at this point, a set-off in the wall of the tower, which is thinner above, and the round-headed doorway remains which led into the roof-space over the ceiling from a gallery in the tower walls. Consequently, the doorway does not show on the south side of the wall. Such a ceiling is much less pleasing to the eye than a vault, but evidently the earlier builders did not venture to vault these wide spaces. In the fourteenth century this was under- taken and the builders may have been influenced by a desire to em- bellish the church, and also to diminish the risk of its destruction by fire. They aimed at the complete conversion of the clerestory into the style of their own day, and in the western part, the Norman cleres- tory has disappeared altogether, whereas, in the eastern part of the nave, the flat Norman pilaster buttresses and indications of the original windows remain. Flying buttresses were erected over the aisle roofs, to support the vaulting of the nave, and the water, from the roof of the nave, has been ingeniously conveyed down by means of a gutter formed on the top of these buttresses. Something similar may, I think, be seen at Exeter Cathedral. There is a peculiarity in the tracery of the clerestory windows which is also noticeable in the north aisle of Corsham Church, so much so as to lead one to suppose that the same hand must have been employed on both works. The same peculiarity occurs, if I am not mistaken, also at Exeter. In the south aisle the windows and wall of two bays have been converted in this fourteenth century work, the Norman features being obliterated externally. It looks as if this was the first instalment of an intended entire conversion of the aisle to correspond with the clerestory externally. The tracery of the windows intro- duced is peculiar, the form of the stone having evidently been governed by the design of the glass and giving an awkward head to the centre light. A little of the original glass remains in one of these windows, but not, I think, as originally disposed. It is similar to some in Poulshot Church, simply foliage on a white ground, and it is evident that, if the greater part of these fourteenth century By C. H. Talbot, Esq. 31 windows was filled with such glass, their introduction must have been attended with a considerable increase of light. The south porch was entirely cased over, but its outer arch of entrance, though of the fourteenth century, takes the circular form and the Norman terminals of the original hood moulding have been re-adapted to the later one. Porch, aisles and clerestory are finished with an open parapet which, however, was not introduced on the north side of the church. To my mind, the clerestory is a very elegant one. The fourteenth century alterations extended to the transepts and, not improbably, to the constructional choir or pres- bytery. The Norman lantern-tower was probably a low one and, on it, in later times, was erected a lofty spire, the tower itself probably being considerably raised. We have no evidence of the date of this work, but, probably, it was either contemporaneous with or shortly succeeded the general conversion. The monks may, perhaps, have been ambitious to emulate what had been done at Salis- bury. It is, of course, well known to you that the magnificent spire of Salisbury Cathedral and the whole upper part of the tower, is no part of the original design and that it has, from the first, placed in jeopardy the church which it still continues to adorn. Not eon- tent with this, the monks of Malmesbury proceeded, in the fifteenth century, to build a great tower at the west end and they executed it in a very bold manner, erecting it within the limits of the church, on the fourteenth century work, and without adequate supports, building its east wall on an arch thrown over the vaulting, so as not to interfere with the vista of the nave ; at the same time, making a great window in the west front and inserting a doorway within the Norman west door. To support this tower, an additional flying buttress was erected over an older one, on the south side, and also a buttress across one of the clerestory windows, two arches below having been introduced under the Norman work, perhaps a little earlier, and the triforium opening apparently first partially and then entirely walled up. About the same time a vault was erected under the Norman lantern and, perhaps for the sake of not letting them alone on principle, those Norman windows in the aisles, which had escaped being improved away, had mullions and tracery introduced. 32 On the Architecture of Malmesbury Abbey. The ambitious builders of Malmesbury considerably over-did the thing", for the central tower and spire fell, as Leland says, writing about 1540, within the memory of men then living-, that is, in the later days of the monks, destroying apparently the eastern portion of the church. Mr. Freeman has shown reasons for thinking that this tower had previously threatened to fall and that the west tower- opening had been built up, with the exception of the upper part, and the original choir disused, in the time of the monks. The western tower also fell, at a later date, at what time precisely is not known, but before 1660 and apparently before 1634, and its fall probably destroyed the western portion of the nave. I omitted to mention that one bay of the north aisle was converted in the fourteenth century and, as I have suggested in the case of the south aisle, this may have been the first instalment of an intended conversion of the whole. In this case, owing to the juxta-position of the cloister, the window had to be at a higher level than those on the south side and, in order to introduce one of the size they desired, they carried up an independent gable, demolished the Nor- man vaulting of one compartment of the bay, and re-vaulted it in their own style, at a higher level. This single gable, standing alone, has rather a peculiar effect and it is evident that the appearance of the church, externally, though perhaps not internally, would have been improved by carrying the change throughout. The lines of the window tracery are much more satisfactory than those in the two windows in the south aisle. There are, preserved in the vestry, some remains of a very interesting tile pavement of the fourteenth century, probably contemporaneous with these works, which has been well figured in the " Wiltshire Archaeological Magazine" 1 The remaining works of the fifteenth century, in the church, are the choir-screen which now forms the reredos, the screens of the western bays of the aisles, the watching chamber already mentioned, and the monument attributed to King Athelstan. The position of the choir-screen, under the western tower-arch, is consistent with what Mr. Freeman has pointed out that the monks-' choir was under ^ol. viii., Plate iv. By C. H. Talbot, Esq. 38 the central tower. The screen may be of the time of Henry the Seventh and, among the badges on it, are what looks very like the Stafford knot and the rudder, which occurs on several Wiltshire churches. Some Perpendicular stalls are worth notice, and a device, occuring on them, appears to be a bird with two heads pecking a human leg which rests on a tun, a rebus which I leave to the archae- ologists to explain. With regard to the monument attributed to King Athelstan, the most probable supposition seems to be that it really does com- memorate him, though made so long after his time, and that it was removed from its original position. The head seems to be a res- toration, as it is said to be. The cloisters were on the north side of the nave and, in this as in many other cases, the monks seem to have replaced the original cloister, at a late date, wholly or in part, by a new one vaulted with stone. I am inclined to think that the earlier cloisters * generally had wooden lean-to roofs and arcades towards the garth such as are still to be seen in some places on the Continent. The indica- tions of the vaulted cloister are to be seen at the south-east angle of the site they occupied, by the processional door, but somewhat obliterated by the well-meant but rather uncalled-for restoration of the Norman door at this point, which must have been mutilated in the erection of the cloister and of which the mutilation therefore was part of the history of the church. The east processional door, of the fifteenth century, with a cusped arch, is seen beneath its restored Norman predecessor. Modern buttresses have been erected against the aisle wall, where the cloisters once stood, but the two western-most buttresses, though modern, are older. At this point walls are carried across the aisles, forming a chamber formerly used as a vestry, and solid buttresses are carried up to the clerestory, in place of the flying- buttresses of the fourteenth century. I think these were erected in consequence of the ruin caused by the fall of the western tower and I do not think the doorway between them is even the successor in position of the western processional door, which may have stood further west. The character of the original bases of the great Norman pillars of VOL XXI. — NO. LXI. D 34 On the Architecture of Malmeslury Alley. the church can only be seen in the ruined western portion of the nave. I regret to say that some of the masonry above has lately fallen, which 1 am told occurs from time to time. Aubrey mentions the remains of the abbey kitchen, to the north-west, that is, in the usual position, at the north-west angle of the cloisters, adjoining the refectory. He says it stood on four strong freestone pillars, from which I infer that the pillars were at the angles of a square and that the kitchen may have been polygonal. The refectory must have been on the north side of the cloisters and the sacristy, chapter-house and day -room on the east side, with the dormitory over them, but these buildings have entirely dis- appeared. There seem to have been considerable ruins of the abbey buildings, on the north side of the church, in 1634, according to the testimony of a tourist who then visited it. The lowest part of the present Abbey House was part of the monastery ; what part we cannot say. It had certainly nothing to do with the refectory. It is an oblong undercroft, of which the whole area remains, and was originally divided into two portions by a wall, removed probably when the present house was built. It was vaulted, and had a central row of pillars, now removed. The re- sponds are octagonal with plainly chamfered caps. The window arches are foliated internally and, as Mr. Christian has pointed out, are splayed inside on a curve in a remarkable manner. This may have been the undercroft of a hall in the Abbot's house, perhaps, but not the hall itself. The house itself was built after the dissolu- tion of the monastery and for some convenience of levels, the vaulting of the undercroft was removed and its floor level consider- ably raised. Whatever the actual date of the present house may be, it has all the look of an Elizabethan building and is very picturesque and well placed. The north-east door in the Abbey Church and window over appear to be of the same character. I have now redeemed my promise of reading a paper on the archi- tecture of Malmesbury Abbey. I have left a good deal unsaid, but my own feeling is that a great deal more enjoyment and information is to be obtained by personal examination of a building, than by listening to any description that may be given of it. 35 IjWmesfrarjr Jpfog in its Jags. By the Eev. Canon J. E. Jackson, F.S.A. (Read at an Evening Meeting of the Wilts Archaeological Society, at Malmesbury, August 2nd, 1882.) N a paper read in this room before our Society twenty years ago, and afterwards printed in the Wilts Archaeological Magazine (vol. viii. 14) , some particulars were collected from the earlier annals of the town and Abbey-Church. The present paper proposes rather to deal with the monastic establishment itself, and to attempt to describe what it was in its best days. Malmesbury Monastery was a Benedictine House. In order to understand more clearly what that means it may be well to say a few words about the origin of monastic institutions.1 In one form or other they have existed in all climates and countries from remote times : chiefly in the East, India and Syria, but more particularly in Egypt. At a very early period of the Christian era the doctrines of the great Greek philosopher Plato were introduced into the Christian schools of divinity at Alexandria, and some of those Christians adopted a favourite theory of the Platonists, that the body is a mere incumbrance to the soul : consequently that the faculties of the soul are crippled and confined within a very narrow compass. Hence arose the idea, that the more the body was mor- tified, the nearer would be the approach to perfection : and that : : 686573 1 Dr. Sam. Johnson's remarks upon monastic life are worth extracting : " I do not wonder that where the Monastick life is permitted every Order finds votaries, and every monastery inhabitants. Men will submit to any rule, by which they may be exempted from the tyranny and caprice of chance. They are glad to supply by external authority their own want "of constancy and resolution, and court the government of others when long experience has convinced them of their own inability to govern themselves. If I were to visit Italy, my curiosity wd. be more attracted by convents than by palaces : though I am afraid that I shd. find expectation in both places equally disappointed, and life in both places supported with impatience and quitted with reluctance." — (Boswell's Life of Johnson, Crohers Edit., II, D 2 36 Malmesbury Abbey in its Best Days. those who voluntarily submitted to a life of austerity and self-denial were the special favourites of Heaven. The first enthusiasts of this description were the Egyptians in the third century, who from living apart in solitary places, obtained the names of eremites (or hermits), and anchorites ; both words of Greek origin, signifying dwellers in deserts or in separation : they had, in the next century, a number of imitators, though a considerable time elapsed before the followers of monastic habits were associated into a body. The first Order was that of the Coenobites or brethren of the u life in common " (as the word implies). They dwelt together in fixed habitations. In process of time, they grew into societies under protection of certain saints. In the fifth century they began to be considered as ecclesiastics and to call for the erection of appropriate buildings. During the dark ages their importance gradually increased, and in the eleventh cen- tury the Pope declared them exempt from the jurisdiction of the Sovereign of the country in which they lived. St. Benedict, the founder of the Order called by that name, was a native of South Italy, born about A.D. 480. By living in an in- accessible cavern and having his provisions drawn up by a rope, he arrived at such a degree of sanctity and perfection that he was chosen by a neighbouring convent to be their abbot, and before his death he had founded twelve monasteries. The Benedictine Order of Black monks, was the first that came into England with Augustine. Having settled at Canterbury, they were afterwards dispersed all over the country. In course of years they occupied all the largest and most famous houses, Canterbury, St. Albans, Durham, Ely, Gloucester, Glastonbury and a host of others : among them Malmesbury. At first, so long as the monks were comparatively poor, the original rules were strictly adhered to ; but as wealth flowed in, and with it, increased power and importance, the founder's intentions were apt to be forgotten. Now and then reformers would arise in the body, who themselves became founders of fresh Orders as Cistercians, Cluniacs, Carthusians, &c. These were substantially and in general outline the same as the Benedictines ; only a new edition, corrected and revised. These new editions in their turn became old; and so were succeeded or re-placed by further By the Rev. Canon Jackson, F.S.A. 37 sub-divisions and fresh Orders, varying somewhat in their title, their dress and regulations. But the Benedictines were from first to last the most numerous, the most powerful, and to use a common phrase, the top Order. Besides monks, there were friars, which is simply the French word freres, brethren. It is not easy now to distinguish the one class from the other, but they were quite different at first. Generally speaking the difference was this. Though they all lived in monas- teries, the monks lived more within the precincts of their house, among themselves. The friars were more at liberty : a kind of ecclesiastical free-lances. They could wander about the country, preaching wherever they pleased. But the chief difference (at first at least) , was that the monks had settled property belonging to them in common. The friars lived by begging : hence mendicant friars. The first in England were the Dominican or Black friars : then followed the Grey friars, friars Minors, Carmelites and others. To say however that they had no property is not quite correct : for some of them by degrees obtained a good deal : but at first they lived from hand to mouth. There were very able and learned men among the friars. The Grey friars in London were famous for learning and skill in disputation : but it is to the Benedictine monks that the world is more particularly indebted for the most laborious and costly fruits and efforts of literature. A 11 these, both monks and friars, were totally distinct from and had nothing to do with, what we call parochial clergy. Living in monasteries, according to the rule of some Order — ad regulam — the former were called the regulars — whereas the country priests, living more in society and mixing with the worlds* in seculo — were called the secular clergy. The parish clergy were not over well pleased with either friars or monks. The friars having no fixed sphere of duty, used to ramble about, invade parishes, introduce strange ideas and unsettle the people. But against the monks, the parish clergy had a grievance of another kind. Every one knows what the object was in first establishing our pre- sent parochial system. Happen to it what may, there can be no doubt that it was, in its origin, the well-considered work of far-seeing men. 38 Malmesbury Abbey in its Best Bays. The object was, that in a half settled or rather unsettled country, as England then was, there should be in every parish, however small, one person at any rate of a certain education, to be settled on the spot, whom the rest might look to as a sort of head, or general adviser, to try and keep things in some kind of order. The laymen landowners would be always liable to be called away for war or other purposes. A parish ruler or rector, more sure to be at home, seemed a wise arrangement. With this object, a certain part of the produce of the parish was set aside for him. That was the intention of tithe. But what did the monasteries do ? Not only did they receive large gifts of land from old Saxon kings and others : but they had in- fluence enough to take the tithes also : leaving only some very small part for a deputy who should live at the place, and do all the duties of the clergyman. This deputy they called their vicar, or representative. That is the reason why vicarages, generally speaking, are so small in emolument. Malmesbury monastery was no wise behind the rest in this unfair system. It obtained for itself several rectories in this town and neighbourhood. The vicars of Malmesbury, of Seagry and of Sutton Benger, might have a word or two to say upon this subject. One case not very far from Malmesbury I can tell you of, where the bad effect and inconvenience arising from that system continue to be felt to this hour. Just on the other side of Malmesbury Common lies the little village of Norton, a small parish of about one thousand acres of land. Of that thousand about seven hundred and fifty belonged to the monastery here. Not satisfied with the lion's share, they must take the clergyman's too, leaving him, their vicar, an insignificant stipend as the reward of his labours. They did not even give him a decent abode to live in. The old vicarage house of the monks, was still standing a few years ago. It was simply a hovel : with one room below, and one above : and a small den or cell at the side, to serve for kitchen, larder, sticks, coals, &c. As nobody in the position of a clergyman, could possibly live in such a hole, and as nobody had come forward to provide another, the parish has always been attended and the church duty served by some clergyman lodging else- By the Rev. Canon Jackson, F.8.A. ■39 where. That is the case at present. The present vicar resides four miles off. He has therefore every Sunday a Sabbath day's journey of four miles there and four back : making eight : and if during the week he has any person to visit, or anything to speak about, the eight miles have again to be performed. He has been vicar now (1882) for nearly thirty- six years, and during that long time, having never, except three times, taken his legal three months holiday in the year, there remain thirty -five years during which he has hardly ever missed his Sabbath day's journey. Eight miles every Sunday and other great days makes above four hundred miles in a year : multiply that by, say thirty-five years, you get fourteen thousand miles. Add to that, for extra walks, rides, or drives on week-days, certainly not less two thousand miles, you get a sum total of about sixteen thousand miles which the vicar has had to travel, in all weathers, in order to do his ordinary duties in the parish. All this is the consequence of the abbot of Malmesbury's selfish behaviour, and as the vicar of Norton who has undergone this inconvenience, is no other than the humble individual who has now the honour of addressing you, if I should have, as I may have, occasion in the course of this address to speak in praise of the abbots of Malmes- bury, you will I hope, regard such conduct as a noble instance of forgiveness of injury. The monasteries certainly impoverished the parish clergy. They were also rather troublesome to the Bishops : for one of the first things a monastery always tried to do, was to get itself exempt from all visitation or interference on the part of the Bishop of the diocese. Great jealousy, as might be expected, arose out of this. The monas- teries acknowledged no superior but Rome. I need not say, how omnipotent the Pope was, in earlier days, and how great his authority over even kings themselves. The monasteries were his creatures and satellites, and in order to pacify and keep on good terms with them, the old kings, nobles, and landed gentry, bestowed on them vast tracts of land. The quantity which the whole six hundred and forty monasteries in England ultimately possessed, has been much exaggerated : but probably it cannot be reckoned at less than one tenth of the soil of England. This, as was to be 40 Malmesbury Abbey in its Best Days. expected, led, by degrees, to much murmuring and gave great offence. There were twenty-nine mitred abbots who sat in Parliament, in the House of Lords as Barons : and as, besides these, there were also the Bishops having seats there, the clerical element was considered to be rather too strongly represented. Our County of Wilts was, without doubt, rather thickly studded with Religious Houses, and the lands of one must have come very near the lands of another all the way through : as may be seen by following on a map, Malmesbury, Bradenstoke (or Clack) Abbey, Stanley, near Chippenham, Lacock, Monkton -Farley, Maiden Brad- ley, Edington, near Westbury, Amesbury, Ivy Church and Wilton. Besides these there were several small establishments as at A bury, Ogbourne, Marlborough, Clatford, Rockley, Charlton, near Pewsey, Easton Boyal, near Savernake, Kington St. Michael, Longleat, and Bradford-on-Avon. Of these, some disappeared very early I others were merged in the larger ones : and one or two were, what were called Alien priories, i.e., they belonged, not to any English house but to some large monastery in France. These Alien priories were continually liable to be seized upon by the king of England when engaged in war with France and wanting money, as was very often the case. To speak more particularly of the possessions of Malmesbury Abbey. Those who are acquainted with this neighbourhood will be able to form some idea of the important position which the abbot filled as landlord, when I name the various parishes about here : premising that he did not possess the entire parish in each case, though he did nearly so, in some. He had, first of all, a great deal in Malmesbury, of house-rents and other dues, also the tithes ; land at Charlton, Brokenborough, Long Newnton, Burton Hill, Colepark, Thornhill, Norton, Milbourne, Whitchurch, Hankerton, Garsden, Cloatley, Crudwell, Kemble, Somerford Keynes, Brinkwortb, Gritten- ham, Purton : also part of Dauntsey, Bremhill, Foxham, Highway, besides other smaller holdings in parishes intervening. Also a house in London, and farms, more or less in size, in Gloucestershire, and South Wales. It has often been said that the Religious Houses had too much of By the Rev. Canon Jackson, F.S.A. 41 the land of the country. Before making any remark upon that I would just observe, that a great many other things have been said to their disparagement, as for instance, some have condemned them wholesale, as merely receptacles of a lazy useless set of men. No doubt in later times, when founder's rules began to be for- gotten, there were among so many wearers of the hood, many somewhat unclerical. It was so when our poet Chaucer in his Pro- logue picked out one of this sort for immortality. This was one of the fat and jolly species who found the rule of St. Benedict much too old-fashioned and tight : who candidly, says in the poetry " If St. Benedict likes to work with his hands, he may do so, but for my own part I like a dainty horse and greyhound, and pricking for the hare/'' As to the good things of the table, he candidly avows, that "A fat swan lov'd he, best of any roast." That the monks thought a good deal about eating and drinking, is an opinion also widely fixed upon the public mind, by a famous and well-known picture from the pencil of Landseer the great animal-painter. Wishing to bring together into one tableau, many varieties of fish, flesh and fowl, he took for his locality, the larder of a monastery : in which, a very portly and comfortable-looking manciple is receiving and registering a number of articles that hold out the promise of very good fare. But it is unfair to judge of any system only by its defects. All things and all systems we know are apt to slide into abuse, and to fall away from the propriety and rigour with which they first began. Rules become obsolete, discipline relaxed, and the habits of the outer world imperceptibly steal in, within precincts that were severely guarded at the first. But it was the case with the monasteries, as with individuals : " The evil that men do, lives after them : The good is oft interred with their bones/' or as the same idea is otherwise expressed by the same pen : " Men's evil manners live in brass : their virtues we write in water." We do not deny the faults : but let us also fairly consider the 42 Malmeslury Alley in its Best Days. merits : for the world is really under great obligation to the monks. Now, as to their having too much land. It would not be difficult to allege objections against any particular class of men acquiring a preponderance in land. In the case of the monks more particularly, there was this element of political embarrassment : viz. : that they did not consider themselves subjects, in all respects, to the supreme authority and government. But looking at the question merely as one between landlord and tenant, one might perhaps say, that no one could well have too much land who shewed himself a good land- lord. Now, as landlords, the monks were, undeniably very good ones. It is certain that their rents were low, their leases long, and their fines moderate. Had it been otherwise, we should have not heard of them what old J ohn Aubrey tell us : " The leases were almost as good to the tenants as if they had been fee-simple : and perhaps lasted longer with them, than if they had been their own. Sir William Butler told me/' says Aubrey, " that Alton Farm had been held by his ancestors from the Abbey of Winchester, about four hundred years. The Powers of Stanton St. Quintin held that farm in lease three hundred years, and my ancestors, the Danverses held West Token- ham for many generations, of the Abbey of Broadstock." That would not have been the case if the monks had been hard and exact- ing landlords. Upon some of their estates, they held a certain quantity of land in their own hands, farming it themselves for purposes of maintenance. Indeed some of their lands were given to them for some special and particular object of the kind : some to maintain one office, others for another. There were lands for the abbot alone : lands for the dispensary : lands for the kitchen. Again, we may judge by what remains of the buildings on their estates that they certainly did not spare money in that kind of out- lay. Many an old farm-house there still is within a few miles of Malmesbury that belonged to the Abbey, which still shews solid marks of its former ownership — stout rafters — church-like windows — noble garden or orchard walls with heavy stone cappings : none of your skimpy lathe and plaster houses, none of your fine painted gates and gate-posts that rot in the ground before they have been in it a dozen years : but the old monks used solid oak and massive By the Bev. Canon Jackson, F.S.A. 43 stone, made to last for centuries. I remember seeing an old monastic farm-house taken down in which the roof-beams were neither more nor less than entire oak-trees with the very outside bark still upon them : only roughly squared to fit their place. There are also still to be seen in this county barns built by them, wbich (if barns may so be called) , are quite royal in their dimensions and architecture ; one at Bradford-on-Avon in particular is worth going to see. Even the spring of water that supplied their house had some solid building to protect it. Of this there is a specimen at Lacock, another at Monkton Farley, another at Edington near Trowbridge. So, if good durable building shews good landlords, certainly the abbots were such. Did they make good use of their money in other respects ? Did they spend it on their dress ? Certainly not. Your Benedictine was content to walk about in a plain black loose gown of stuff reaching down to his heels, with a cowl or hood of the same, to serve as an umbrella ; with a scapulary, or cape of the same stuff, over the shoulder : under the gown a white habit made of flannel. The furniture of their room again was of the very simplest kind. They were not allowed to make purses for themselves, and leave comfortable nest-eggs to their relatives, in the shape of Three per cents, or Railway debentures. They had no jointures to provide : no younger son to put out into professions, no long school or college bills from Eton or Oxford : no young damsels to be highly accom- plished : no country-houses to be filled with costly pictures, statues and bric-a-brac, no race-horses, four-horse drags or gaudy liveries : so that not having calls of this kind for their money what did they do with it ? They built with it Tintern, Fountains Abbey, Glas- tonbury, and Malmesbury. In fact it was much the same case with them as the Latin poet Horace says it was in Rome, in its best days. " Privatus illis census erat brevis : Commune magnum." That is : " in private individual fortune and expense they were frugal, in what concerned the public, large and diginified." We should deal most unjustly with the memory of these men, if we over- looked the fact, that though our views in religion may be different 44 Malmeshury Abbey in its Best Days. from theirs, still it was for the sake and honour of their own Form that, whilst keeping uothing for themselves, they were magnificent and costly in building, plate, sculpture, painting, in short, in every thing that assisted externally to honour and magnify the worship of God. It was just now mentioned that the monks farmed some of their land themselves. They kept in their own hands very often in a parish that part which was called the Demesne. Sometimes a monk or two, or at any rate some officer in monastic habit, resided on the spot, under the name of Propositus or Bailiff, and this has often led to the common tradition that such and such a place was an abbey or a nunnery, when in fact it was merely a property belonging to one, and occupied by persons connected with the establishment. The accounts of their different estates were most carefully kept, and drawn up formally every year, on long narrow sheets of parchment, sometimes many yards in length, to be rolled up and deposited among the abbey records. Of these, I have unfolded many, belong- ing particularly to Glastonbury. They are by no means easy to read, being in Latin, the words being abbreviated, and the writing very small and close, as if sheepskin had been an expensive article. Some thirty or forty of these long narrow parchments stitched to- gether at one end, after being rolled up tightly for hundreds of years, are awkward antagonists to struggle with, when you want to get at the contents. But when examined they show a scrupulous minute- ness and the strictest account of profit and expense. There are the details of the number of cattle, sheep, pigs, fowls, geese, eggs, honey, every thing in short bought and sold : entries of the day when cheese-making began, and when it ended : of the ploughings^ manurings, mowing and reaping: the fences of yards, orchards, gardens : horses, implements, stock of iron for repairs, barley kept for brewing, bacon, hides, repairs of building, &c. All this shews superintendence and good management; that they knew their duty as careful agriculturists, and set no slovenly or careless example to all in their employment. One or two things are remarkable in their system of letting to tenants, land which they did not themselves cultivate. An By the Rev. Canon J. E. Jackson, F'S.A. 45 account of the possessions of Malmesbury Abbey in the reign of Edward I. (A.D. 1283), six hundred years ago, copied from an original document, was published some time back by the late Mr. Akerman. It gives the names of all who at that time held under the abbot in each parish, and it is curious to notice how much greater a number of very small — not peasant proprietors — but oc- cupiers, there were then than there are now. Taking the parish of Norton above mentioned, there were in it, at that time twenty-six petty tenants paying various small sums, from 2$. 6d. down to even one farthing a year. The money of those days was of course of different value from our's : one farthing then might be equal, say to twenty farthings now, i.e., fivepence. We should not call fivepence a very exorbitant rent for house or land. Yet at Norton six hundred years ago, there were twenty-six rent-payers, whilst at present there are only fourteen. At Colepark near here, there were then twenty-seven small occupiers, the highest paying twenty pence. I doubt if there is any thing like that number now. At Sutton Ben- ger there were seventy-one tenants, from 6s. 8d. down to one farthing a year. At Foxham near Bremhill, twenty- nine occupiers with the same sort of petty rents. It would almost seem that the population of these little places must have been, six hundred years ago, at least quite, as numerous as now. Of the number of small holdings in ancient times, one sees a sort of evidence in the very small size of en- closed fields still remaining,of sometimes not more than one acre or two. A great deal of arable land in this part of Wilts used formerly to be unenclosed, and the way was for the people of a parish to have each a certain bit of pasture or meadow enclosed ; with so much right, or allotment, of arable land, in what was called, the " common fields." I have said enough to prove that the monks were unexceptionable, as landlords. The tenants, when the change took place, very soon discovered that the change had not done them much good : for rents were raised and new burdens fell upon them. To consider now, in what respect they were useful to the public ? 1. In the first place they always had money ready when the Crown wanted it, which was often enough. What they were asked for, passed under the polite name of a Benevolence : but it was in reality 46 Malmesbury Abbey in its Best Bays. compulsory, levied much alter the fashion of the courteous highway- man who says, with dubious playfulness, I shall be obliged to you to hand out your money : for if you don't I shall be obliged — to make you. The monasteries were sure game, so much so, that after King Henry had dissolved them, the Emperor Charles, when he heard of the fate of the abbies and into what channel the revenues were turned, is reported to have said, that "the King had killed the hen that laid the golden eggs." 2. In another respect, the monasteries were, in earlier days, of considerable public utility. Just as at the present time, in many parts of the East, there are no inns to be found, but travellers, especially of a better class, are received and lodged in the mon- asteries, so used it to be in England. Travelling then was travelling indeed ; great folks went on horseback with a numerous suite, and when such visitors wanted to stop for the night, they were safe to find at the abbey " good accommodation for man and beast/'' Even the famous Cardinal, the very man who was among the first to lay hands on the smaller monasteries, was glad enough when he drew towards his end, to take shelter in a large one : — " At last, with easy roads, he came to Leicester ; Lodged in the abbey ; where the reverend abbot With all his convent, honourably receiv'd him." * There were, in fact, in all the large monasteries, rooms set apart for the reception of strangers, and a regular officer of the establish- ment whose duty it was to attend to them. 3. Again ; the monasteries had schools : not of course for all the children in a parish, that which is now called education not being then in vogue ; but instruction was certainly given to the young : and in some of the largest, young people of the very highest class were received as boarders. A Mr. Lloyd, a learned antiquary in Wales, two hundred years ago, wrote thus : " Before the Reforma- tion every man almost of any fashion, could speak Latin; they learned it at the monasteries where they were obliged to speak it." * Shakspeare, Hen. VIII., Act IV. By the Rev. Canon J. E. Jackson, F.S.A. 47 There were no public schools in the days of the Plantagenets ; "Winchester I believe is the oldest, and that was founded about the end of the 14th century. Oxford and Cambridge indeed existed, and boys undoubtedly went there at a much earlier age than now. But it is certain that the monasteries did train up a good many, and moreover they had, at those universities, colleges of their own. But if the B/eligious Houses of monks were the schools of those days, much more were the Nunneries. Hear what our old Wilts antiquary says upon the subject — He lived in the reign of Charles II : " The young mayds were brought up (not at Hackney, Sarum schools, &c, to learn pride and sauci- nesse but) at the nunneries, where they had examples of piety, humility, modesty, and obedience, to imitate and to practise. Here they learned needlework,the art of confectionary, surgery (anciently no apothecaries or surgeons — the gentlewomen did cure their poor neigh- bours,— their hands are now too fine), physick, writing, drawing, &c. Old Jacques could see from his house at Kington St. Michael, the nunnes of the Priory come forth into the Nymph-hay (a ground by the Priory) with their rocks and wheels to spin, and with their sewing work. He would say he hath counted threescore and ten : lay sisters, widows and young girls. This was a fine way of breed- ing up young women who are led more by example than precept; and a good retirement for widows and grave single women, to a civil, virtuous and holy life."" He mentions physic and surgery as practised by women, but the monks were not wanting in this respect. They had their dispensa- ries, one for themselves, one for the public. They studied chemistry largely. A volume has lately been published, of very curious receipts of theirs, for all sorts of compositions. One thing I venture to say they knew how to make, which we do not ; at least if we know it we do not practise it : and that is how to make durable ink. For myself I can only say that, using even what was said to be the best ink to be got in Bath, things that I wrote thirty years ago, are now hardly legible : which may be no loss to the world, but is a great inconvenience to myself. The black has vanished, and nothing but a pale rusty mark remains : whereas some of the old manuscripts 48 Malmesbury Abbey in its Best Days. written at these monasteries, retain the black, in many cases really almost as fresh as the day they were written.1 The monks, having no secular parochial work, had leisure for the cultivation of art and science of various kinds. They studied and wrote about, not only a higher class of subjects, but domestic econo- my, home and common every-day matters; in short, whatever helped to assist working people in the improvement of their business. Brewing they brought to perfection. In all matters relating to the Church we may well believe they were proficients. They were bell- founders, and clock- makers ; and as to architecture, I need hardly say, under the shadow of the old abbey, that it is to them we are indebted not only for those unrivalled Churches of which there are so many ruins, piteous to behold, but for many of our Cathedrals which still exist. Canterbury, Eochester, Durham, Lincoln, and Gloucester Cathedrals were built by Norman monks, sent over by William. They not only designed and superintended, but it is recorded that some of them actually worked at the building. It is particularly mentioned in the History of Winchester, of Romsey, and of Selby in Yorkshire, that the abbots put on mason's dresses and worked like common men. So far from being, in their best days, only idle and lazy eaters of fat swans, the annals of the monasteries, not only in England, but in France and all over Europe, show beyond possibility of contradiction, that under the simple monastic gown or frock, living under the orderly discipline of a regulated religious institution, — more particularly the Benedictine, — were to be found the chief workers, not only in architecture, but in painting (es« pecially miniature), mosaic, sculpture, carving in ivory, the setting of precious stones, and many other varieties of ornamental art; whilst at the same time others under the same homely exterior were workers in the commoner departments of iron and wood. In fact the teaching of these arts and trades formed an essential part of monastic education. I am not saying these things without the means of proving them. 1 Here were exhibited some manuscripts on vellum, six hundred, and nine hundred years old : in which the ink is admirably preserved. By the Rev. Canon Jackson, F.8.A. 49 Take the art of miniature painting. We have in our Public Libraries many most beautiful volumes, the handiwork of these men, illus- trated by exquisitely fine paintings, and arabesque borderwork. From miniature painting they passed to embellishment on a larger scale. At the monastery at Wearmouth in Durham, the walls of their church, for two hundred feet long, were covered with frescoes from the history of the Old and New Testament. The names of these ecclesiastical artists have for the most part perished. A few survive : one, in itself a host — Fra Angelico. The next step was to staining of glass. This also they carried to great perfection. They used some process not fully known to us, and there are some colours which our artists have never been able to arrive at. With all our modern efforts we are still a long way behind the old glass. The principal workers in silver and gold in the Middle Ages, especially on the Continent, were monks. Of their works such as shrines, censers, books bound in gold, silver and ivory, pastoral staves, crosiers, diptychs, chandeliers, crucifixes, &c, many specimens remain to bear witness to the degree of elegance and perfection to which they carried their labours in this way. It is particularly on record that a splendid shrine at the great Abbey of St. Albans, which received the bones of their patron-saint, was the work of an English monk, whose name was Anketill. We must not omit another art, the most impressive and touching of all, which expresses our emotion and sways our feelings — that art of which Shakespeare says : — " The poet Did feign that Orpheus drew trees, stones, and floods, Since nought so stockish, hard, and full of rage, But Music for the time doth change his nature." " For the time " says Shakespeare : because the effect is often only transient, but it is more durable and impressive in sacred music. Now no where in the world was this more zealously cultivated than in the monasteries. Their very system required it : for such was the number and frequency of their Services, that they were at practise almost incessantly. Continual chanting made it a necessary duty VOL. XXI. — NO, LXI. E 50 Malmesbury Abbey in its Best Bays. to give attentive study to sacred music9 In some of the largest monasteries especially on the Continent, this was pursued enthusias- tically, and on the largest scale. The very father of ecclesiastical music, Gregory the Great, was a monk of St. Andrew, at Rome. The organ too, the special creation of Christian music, owes its construction to the monks. At the abbey at Winchester, so far back as the tenth century, there was one (it is recorded) on so enormous a scale as to require seventy men to conduct it. The monks also were the authors of many valuable treatises on music. At Malmesbury, the abbey church, as is well known, was not originally the parish church : but it was the church of and belonged to the monastery itself. In some cases, (as at Arundel, about which there was, a year or two ago, a curious dispute in the Law Courts,) one and the same building served both for the parish and for a monastery adjoining. There the monks used the choir or chancel having a private entrance to it, the parish used the rest of the building. At Malmesbury the whole was purely monastic. And without indulging in any fanciful or poetical unreality, any one who has ever been present at the gorgeous church ceremonies which, the Roman Catholic Church knows so well how to arrange, will easily be able, when gazing on the mutilated abbey here, to picture to himself the large building when entire, presenting on High Festival Day, many a splendid and attractive spectacle. Another and not less important service there was for which the world is indebted to these establishments. In the troublous days of early England, when war and military life occupied our ancient barons and landed gentry, when their household were all armed men spend- ing half their time in the barrack room or camp, what became of Learning and Literature ? There was no printing, no books, no news- papers. The famous " three RV were at the lowest possible ebb: and I question very much whether any of the barons who signed Magna Charta could have written his name. They affixed their seals. The seal in fact, was the signature. I have often found, attached to old deeds, the wax seal carefully sewed up in a little satin bag, with cotton, leaves, or tow, inside, in order to keep it from injury : because if this seal was destroyed, there being no written name, the token By the Rev. Canon Jackson, F.8.A. 51 of consent or bargain was gone and the document became useless. It is very rarely indeed that even four hundred years ago you find any name written. The same also with Reading and Arithmetic. Every- thing was done by some one connected with ecclesiastics. Of this the very name of clerk which we still preserve, is a proof ; the assistant in a bank or lawyer's office, being still called a clerk : just as a clergyman in law is described as a clerk. This then being the con- dition of the aristocracy and landed gentry, where was Literature kept alive ? Where was the lamp of Learning kept ever burning and never allowed to go out ? Certainly in the monasteries. Every monastery, Malmesbury among the rest, had its library, and its writing room : in which a certain number of the brethren spent their time in composing or transcribing : either writing up some chronicle of the times, or copying such works, chiefly of course, theological, as could be obtained elsewhere. This monastery produced one — William of Malmesbury — who is called by some, the chief of our old historians. He left eighteen or * nineteen works, now of more or less value. He died about the middle of the twelfth century, A.D. 1143, in the reign of King Stephen : but his history covers a space of about one thousand years ending with his own time. He was brought up in this monastery, became librarian, and might have been abbot, but he declined the honour. He is described as having been fond of books from his i youth, and as having visited most of the monasteries in the kingdom, and procured every work he could. How many valuable and curious volumes, the result of patient mon- i astic toil, are now utterly lost, we know from the celebrated Antiquary John Leland. When the monasteries were broken up, the rage seems to have been to destroy not only the buildings, but everything in and belonging to them. The King took care of the plate and jewels : and there are lists preserved of many of the most valuable collections, that fell into his hands. The list of Glastonbury Plate presents a most wonderfnl assemblage of costly things — not of soup tureens, or venison dishes, or wine coolers, or silver trays, to stand upon the side-board or the dinner table : but of chalices, crosses of gold set with emeralds, eagles of silver gilt, images garnished with E % 52 Malmesbury Abbey in its Best Days. pearls and sapphires, to stand upon the altar and about the churches. In all that long list, there is not one article that was used to set forth domestic luxury, but the whole of them referred to the glorifi- cation of Religion, To that list, and every page of it, King Henry affixed his sign manual. This, methinks, might suggest a pretty subject for an Artist ; viz., a crowned King of England at a desk like a pawnbroker ticking off church valuables : and in the back-ground the poor Abbot of Glastonbury hanging on a gallows at the top of Tor Hill. Would that the King had taken half as much care about the Libraries as he did about the Plate. Their fate was sad. The dealers and land-jobbers who mostly bought the abbies were allowed to take MSS. and all. To them such things were useless, excepting only such volumes as Registers of Title Deeds, Chartularies and the like, which were important to prove their right as the new owners. For the rest they cared not.1 Fuller the Church Historian breaks out furiously on this subject. "\ Alas/'' he says, " those abbeys were sold to such chapmen as it was questionable whether their ignorance or avarice were greater : and they made havoc and destruction of all. As brokers in Long-lane, when they buy an old suit, buy the linings together with the outside, so it was conceived meet, that such as purchased the building should, in the same grant, have the libraries (the stuffing thereof) conveyed unto them. And now these ignorant owners, so long as they might keep a ledger-book or terrier, by a direction whereof to find such 1 The monastic records that have come down to us, it must be confessed, are generally of very dry composition : and contain little that is in any way, enlivening or of interest to ordinary readers. The documents transcribed into them are, for the most part, mere copies of title deeds, conveyances of land, grants of privileges, &c, in short, matters of business concerning the rights and property of the Religious House itself. Seldom is there any account of what may be called the life of the monastery : no description of what passed, was said or done : no anecdotes, biographical or social of the Brethren : nothing about visitors, great ceremonials, eminent preachers : none of the current events or changes in the Town or neighbourhood. Now and then we have a chronicle, touching very briefly upon the contemporary events of national history : but generally speaking, j a monastic register relates simply to the legal and pecuniary matters of the J monastery itself. By the Rev. Canon Jackson, F.8.A. 53 straggling acres as belonged to them, they cared not to preserve any other. The covers of books having curious bosses and clasps might be kept, the rest was thrown away : many an ancient manuscript Bible cut in pieces to cover filthy pamphlets ." It is said that fine illuminated Service books were sold as waste at the monastery gates at Malmesbury. John Bale, a writer, who was no lover either of the Pope or the monks, nevertheless bewails this destruction with shame. He says that hundreds of them were sold to the grocers and soap- sellers — others sent over sea. " He knew a merchant-man that bought the contents of two noble libraries for forty shillings a-piece, a shame it was to be spoken. This stuff hath he occupied instead of gray paper, by the space of more than these ten years, and yet he hath store enough for many years to come." "Never/'' says he, and he " uttered it with heaviness/'' "did either the Britons under the Romans and Saxons, nor yet the English people under the Danes and Nor- mans ever have such damage of their learned monuments as we have seen in our time. Our posterity may well curse this wicked act of outrage, this unreasonable spoil of England's most noble antiquities." 1 John Aubrey also, our old Wiltshire friend, is almost as vehement and copious upon this subject as Thomas Fuller : and his language as peculiar and quaint. "In 1633," he says "I entered into my grammar at the Latin school at Yatton Keynel, in the church, where the curate, Mr. Hart, taught the eldest boys Virgil, Ovid, Cicero, &c. The fashion then was to save the forules (i.e. the backs) of their books, with a false cover of old parchment manuscript. I was too young to understand : but I was pleased with the writing and the coloured initial letters. I remember the Rector there, Mr. "William Stump, great grandson of the clothier of Malmesbury," (the exceeding rich man who bought the abbey) "had several MSS. of the abbey. He was a proper man, and a good fellow ; and when he brewed a barrell of special ale, his use was to stop the bung-hole, under the clay, with a sheet of manuscript ; he sayd nothing did it so well, which me thought did 1 Fuller, Church History, iii., 247. 54 Malmeshury Alley in its Best Bays. grieve me much to see. Afterwards I went to schoole to Mr. Lati- mer at Leigh Delamer, the next parish, where was the like use of covering of books. In my grandfathers days the manuscripts flew about like butterflies. All musick bookes, account bookes, copie bookes, &c, were covered with old manuscripts, as wee cover them now with blew or marbled paper : and the glovers at Malmesbury made great havoc of them : and gloves no doubt were wrapped up in many good pieces of antiquity. Before the late warres a world of rare manuscripts perished hereabouts." After some years, Aubrey went back to Yatton Keynel to try and see Parson Stump's MSS. out of curiosity, where, he had seen some in his childhood : but by that time they were lost and dispersed. " His sons were gunners and soldiers, and had scoured their guns with them : but he shewed me several old deeds granted by the Lords Abbots with their seals annexed." After an interval of some two centuries, I am the successor, at Leigh Delamere, of that Mr. Latimer who covered his books with the spoils of your abbey. I have not been guilty of the like profanation : on the contrary, though no great runner after butterflies, I have contrived to catch and save a few of that extinct species which old Aubrey speaks of. [Several specimens were here exhibited.] Old as they are and so roughly handled as they have been, you can still trace in them remains of that imperishable gold lettering, and that calli- graphy for which the work of the monks was so remarkable. It was the indefatigable J ohn Leland, sometimes called the Father of English Antiquaries, who exerted himself to rescue the remains of Monastic Libraries. He obtained a Commission from the King to visit all the monasteries, and take note of their contents. That was the object of his famous tour. At the Dissolution, seeing the destruction that was going on, he appealed to Secretary Thomas Cromwell to preserve them, and suggested the propriety of sending them to his Majesty's Library. But of anything further having been done to carry out this idea, we have no account. Many years afterwards, too late to do much, an effort was made for the preservation of these curiosities, in times when it could hardly have been expected. During the wars between Charles and his By the Hev. Canon Jackson } F.S.A. 55 Parliament, Sir Thomas Fairfax, the great Parliamentary leader, did all he could to prevent injury to Literature. He was a gentleman and a scholar, and both at York and Oxford took great pains to save Libraries from being pillaged. He also presented twenty-nine ancient MSS. to the Bodleian, and was to a great extent, the means of saving that Repository. It may be very true, that of the abbey MSS. there may have- been many not worth keeping for anything they contained, old superstitious legends, dull dissertations and the like, but when slaughter is indiscriminate much that is valuable perishes with much that is useless. As mere specimens of calligraphy and exquisite manual skill they ought to have been saved v the proof o£ which i& that such volumes now fetch extravagant, almost fabulous prices. Leland found very few MSS. at Malmesbury. At the time of hi& visit, the abbey had been surrendered and the contents of the library had been carried — perhaps thrown — away by "the exceeding rich clothier" who bought the whole monastery and church. The church itself must have been in a dilapidated state : for the central tower had, he tells us, fallen in, some years before : and that would have brought down probably a large part of the Choir and Eastern part. Upon that tower had stood one of the highest spires in England, whether of stone or wood, we do not know : but in it was the great Bell called St. Aldhelm, which, whenever there was a storm impending, the wise men of Malmesbury used to ring, to drive the thunder and lightning away from the town. The fall of the central spire was probably owing to its having been raised upon a tower that had not been built strong enough to support such a weight. The other tower, a large square one at the West end, was constructed in a still more foolish manner, and being in a feeble- state was brought down by the noise of artillery, firing salvos o£ rejoicing in 1660, on the Restoration of King Charles II. The exceeding rich clothier not being rich enough, had turned all the domestic buildings and offices of the monastery, as well as a small Chapel at the South of the Transept, into a cloth factory and filled them with his looms, which Leland saw : but for the honour of the Town it must be said, that there is not the least evidence of the 56 Malmesbury Abbey in its Best Days. church having been ever willfully reduced to the state in which we see it. It is unfortunate that no drawing or plan of the whole monastery or of the church, as it was in its most complete state, has been pre- served. From the fragments that remain it is of course possible to construct a representation — at least an approximate one — of the appearance it must have presented when entire. This is the case with most of the old monasteries. There is, indeed, a very remark- able absence of pictures or drawings of most of our ancient historical buildings of all kinds. There is none, so far as I know, of some that would have been very interesting, such as Devizes Castle, Fotheringhay Castle, and many more. It is not impossible that, if anywhere in the world, it might be in the Vatican at Rome, where such relics of our monasteries, at any rate, might be found. I remember being told in Rome that there were stores of documents, relating to our Church Antiquities put away there, every thing in former days having had to be referred to the Papal authorities. Of the original buildings of the monastery itself, which stood on the North and North-west sides of the church, I believe that nothing is now left, except the lower part of what is now called The Abbey House. The ground on the North side of the church falls away so much that the building most likely stood upon vaults and arches. The ruins of the kitchen constructed in that way, were standing in Aubrey 's time. Of the grounds, orchards, gardens, &c, there is also no trace left. One of the appurtenances was a vineyard. This was originally planted on a hill North of the abbey by a Greek monk named Con- stantine, a mysterious person, supposed to be an Archbishop in disguise, who had come here for refuge about the year 1030. There is in old surveys frequent mention of vineyards in England, and the name is constantly met with for fields or even streets in towns, as at Bath. But the uncertainty of getting grapes to ripen out of doors in our climate is such, (now at least), that some persons have been led to maintain that the name vineyard merely meant an orchard of such fruit-trees as are used for home-made wines, such as gooseberries or currants. But there is no doubt that at Malmes- By the Rev. Canon Jackson, F.8.A. 57 bury there was a real vineyard of grape-vines. In the Abbey Register lately printed by Government, there is a detailed descrip- tion of the work required, the planting, &e.> which leaves no doubt upon the subject. I have known the experiment tried, by a friend of my own who had plenty of money and was fond of experiments. He established a vineyard on a warm situation in Kent : sent abroad for a variety of grape-vines and spared no expense. It amused him for several years as a plaything : if it injured anybody it was only himself, but it certainly gave employment to several labourers. He was very proud of the wine which he produced, which I have tasted and found as good and pleasant as possible : pure juice of the grape at all events, and so far, uncommon. But it required much perseverance to go on with the vineyard ; so uncertain was the crop for want of regular sunshine, that I believe it was at last given up. Unless the sun shone more steadily in former days than it does in ours, the Abbot of Malmesbury's vineyard must have been, as a speculation, about as successful as the one I have just mentioned. .But the worthy abbot might have the same consolation as my friend had. If he could not produce good wine in his w-yard, he was safe to supply his neighbours with good vinegar.1 1 The following evidence as to Vineyards in England may be useful to those who are interested in the subject. Vispre, F.X. " On the growth of wine in England," printed at Bath, 1786. Mr. V. had a vineyard at Wimbledon. He says : — " Mr. John Warner, of Botherhithe, near Southwark, makes good wine from his own vineyards." Stephen Switzer, vol. ii., p. 266, of his Ichnographia Rustica, published in 1742, says, " That Vineyards may be so cultivated in England as to produce large quantities of grapes, and those so well ripened as to afford a good and substantial vinous juice, needs no demonstration ; when, in several parts of Somersetshire there are at this time, nourishing vineyards, and the vineyard of the late Sir William Basset, in that county, has annually produced some hogsheads of good- bodied and palatable wine, which I have been credibly informed by gentlemen who have drank considerable quantities of it with the greatest satisfaction. Bartholomew Rocque, a gardener at Waltham Green, made wine for thirty years, from a vineyard he had planted in a common field garden : and although the ground was flat the wine was as good as that of Orleans or Auxerre, in the judgement of some acquaintance of mine still alive. Dr. Shaw made wines from a little vineyard behind his garden at Kensington, which I have drank. 58 Malmeshury Alley in its Bed Bays. The subject of this Paper has strictly been Malmesbury Abbey in its best days lefore the Dissolution : and all I have attempted to do, is just to give a slight outline of the position which, when in its full strength and efficiency, the monastery filled. How it and the rest of the great Monastic System came to be dissolved is a very wide field on which we cannot enter. The monasteries being such large land- owners, filled for centuries a most important space in the social history of England. Their influence extended to every department in the very daily life of the country. Many years have now passed away since the mighty step of abolishing them was taken. So many other changes have taken place, that we can very well They equalled many of the lighter wines of France ; and while due care was- taken of the vineyard at Hammersmith, a great deal of very good wine was obtained there for sale, yet neither of these were favourable spots. The Bath vineyards might serve as a better example for the husbandman, who should consider only profit from them : the juice of the grapes was sold there as it was pressed from the fruit, and the owners had no further care than managing the ground and gathering. 4 1 have known ' says Mr. Hanbury, ' good wine made and grapes growing in England, and have drank our Burgundy no way inferior, as my taste could find out, to that noted wine which we have constantly imported from that country.' " The Dean of Ely, Dr. Thomas,, supplied the following extract from the archives of the church : — £ s. d. Exitus Vineti 2 15 3i Ditto Vinese 10 12 2 Ten Bushels of Grapes from the vineyard 0 7 6 Seven Doha Musti from the vineyard, 12 Edward II. 15 1 0 "Wine sold for 1 12 0 Verjuice 1 7 0 One Dolium and one pipe filled with new wine For wine out of this vineyard 1 2 2 For verjuice out of the same 0 16 0 No wine but verjuice made 9 Edward IV. Madox History of Exchequer, i., p. 364, writes : that the Sheriffs of North- hamptonshire and Leciestershire were allowed in their account, for the livery of the King's Vinedresser, at Rockingham, and for necessaries for the vineyard. Sir Edward Barry, describes the vineyard at Pain's Hill, p. 468. " The ingenious Mr. Miller shews from ancient Eecords that in many parts of England, and particularly near abbeys and monasteries, good wines were made, and that these places are still distinguished with the name of Vineyards : but how they were rooted up and neglected, there are no clear accounts left. (Speechly on the Vine, 4to, 1790, p. 197.)" See also Gentleman's Magazine, 1775, p. 513, and 1786, p. 918. By the Rev, Canon Jackson, F.8.A. 59 afford to look back upon this with philosophical complacency, and without any of that political or professional excitement which attends the discussion of alterations in our own times. But I think that all parties, even those who may utterly dislike the Monastic system, will at any rate agree in one point, viz., that the whole business of the abolition was grossly mismanaged. There is no doubt that a change had been for many years impend- ing. The discovery of printing was a heavy blow. But in Henry VIII time, the change was considered a political necessity. The Crown was determined to shake off the yoke of Rome. The mon- asteries, stout champions for the Pope, blocked the way, and at any cost had to be put down. This confiscation of property was a serious step to take, and Henry paused at first, but other things happened to make him less scrupulous. In order to proceed on safer grounds, a Visitation and enquiry were ordered, and the Visitors took care to make the worst of everything. Gross misconduct was reported; but this was only in some of the smaller and most carelessly con- ducted houses : not in the largest and best : so that to sweep away the whole on account of a few, was like flogging the school all round because a few boys were naughty. But no matter, the King's Supremacy was to be acknowledged. The monasteries would not yield that, and their opposition was fatal to them. The great ^management was, that so enormous an amount of ecclesiastical property, which had been in earlier days, by Kings or Nobles, given for National Religious purposes, was so entirely diverted into other channels that hardly any of it was retained for any object either of Religion, Education or Charity. When the King began, he certainly promised that all these things should be provided for care- fully, that all should be spent for the use and welfare of the realm : that thirteen new Bishopricks should be appointed : in short, a glorious future. Scarcely one of these fine promises was kept : except the appointment of four or five new Bishopricks, very badly endowed. There might have been a Grammar School founded in every parish in England. There might have been Hospitals and Asylums for all the maladies and infirmities to which Human Nature will be liable so long as Human Nature lasts. 60 Malmeshury Abbey in its Best Bays. Nothing- (so to speak) of this kind was done : so that we are justified in saying that a splendid opportunity — in every sense a golden one, was simply thrown away. I might perhaps say, shame- fully thrown away : remembering the avarice and the jobbery with which the plunder was distributed. 1 So euded the great, the powerful Monastic system in England : and in its best days, in many ways so useful. So ended Malmesbury Abbey : so vanished the Benedictines. They have however not vanished altogether. The Orders and the Dignities still survive. We have amongst us still, Benedictines, Carmelites, Dominicans and the like. We have still Abbots and Priors. They are peaceable, learned and diligent Ecclesiastics, not Territorial Princes like their predecessors, and not in any way likely to menace the Civil power of the Realm. Whether there is now an Abbot of Malmesbury or not, I do not happen to know : but if there is and he should come here, he certainly would not find himself as in days of yore, monarch of all he surveyed. He might look for his vineyard, but he would find a Railway Station, and if he looked for pilgrims at the Shrine of St. Aldhelm, travel- worn and foot-sore with, or without, peas in their shoes, I don't know where or when he would be more likely to find them, than in this Town Hall tomorrow evening, after your next " Excursion J. E. J. 1 As an instance. Thomas Cromwell, son of a Putney blacksmith, was sur- named from the part he took in demolishing monasteries " Malleus monachorum," the Sledge-hammer of the monks. The Sledge-hammer's nephew, Sir Robert William, assumed the name of Cromwell, and being in favour with King Henry VIII, obtained at the Dissolution nearly the whole of the lands in Huntingdon- shire that had belonged to any Religious House in that county : viz., St. Neot's, Ramsey, Huntingdon, Hinchingbroke and Saltrey or Saltre. See Tanner's Notitia Monastica. 61 NCIENT "Place-Names" in England may, for the most part, be classed under one of three general heads. (1) Those derived from the language of the races, which, as far as we know, were the primitive inhabitants of this country ;— -these we call Celtic. (2) Those imported by the Romans, who, for well nigh five hundred years, occupied Britain, — these are Latin words. (3) Those which we have from the English settlers, who first entering the country shortly after the departure of the Romans in the middle of the fifth century, finally became its conquerors,— these we call Teutonic. Of course there are a number of place-names which belong, partly to one, and partly to another of these classes. For example, in the word Frampton, which means the town (=tun) or village on the river Frome, we have, the former part Celtic and the latter Teutonic; — in that of Stratton, the former portion is from the Latin stratum (=street) which denoted one of the great Roman roads, and so the whole name means the " village " near such a road. Now Malmesbury and its neighbourhood happens to be an especially good quarry in which to dig for specimens of local nomenclature : as a noble lord who did me the honor of listening to a similar story about place-names near Salisbury, some twenty years ago, tersely expressed it, a fine field for " verbal engineering." So when my very good friend our Secretary, for about the twenty- fifth time,, asked for a paper for our annual meeting, and was 62 On some Place-Names near Malmesbury, most unwilling to take a refusal, I thought I might as well try my hand at a few of these " field-operations/'' Malmesbury, I need hardly tell you, has a history of its own, and a very interesting one it is. It has cherished traditions which stretch back to a time before Malmesbury itself was either an en- campment, or a monastery, or a town. The old names borne by this place, — Caer-dwr (=the castle by the water) and Caer-bladon (=the castle on the Bladon), the last word being the original name of the stream which flows by Malmesbury, and is still known in some portions as " Bradon," — tell of extreme antiquity. We may believe or not, as we choose, the traditions of the house of nuns hard by, under the direction of Dinoth, abbot of Bangor, in North Wales, which, as early as the sixth century, is said to have been dissolved, for the incontinence of its inmates, by a dignitary who is called the Archbishop of the Saxons. Still such tradition, dim though it be, and unsupported by reliable evidence as regards its details, attests the fact of early Christianity in these parts, and per- haps also of a native Episcopate in Britain. At all events, we may fairly expect to find in local names some " footprints,-" so to speak, attesting, by their Celtic characteristics, the memory of these early possessors of the country. A glance at the map moreover shews us, how the Romans also have left abiding traces behind them of their occupation of the country. Two of their great roads are in this immediate neighbour- hood. One of them the " Acman- Street " (or " Bath-way e ") is on the west; another, the " Ermine- Street," is on the east, and these two meet one another at Cirencester. We may therefore fairly expect to find some memorials of the Romans here. But they are not many ; for the Romans never became in any sense one with native popula- tions, and they held the country to a great extent as a garrisoned force. Certainly there is no evidence that they ever, to any considerable extent, affected the position or the language of the Celtic races ; — any more in truth, than our occupation of India has there affected the native races, or their languages. We must bear in mind also, that the great and decisive battle which gave the west Saxons possession of this part of the country, and their Historic Teachings. 63 as far north as Cirencester, and westward along the course of the Axe, was fought at Deorham — no doubt Dyrham, in Gloucestershire, — at no great distance from Malmesbury. This was the contest in which Ceawlin king of the west Saxons, wrested from the Britons the cities of Bath, Cirencester, and Gloucester. But he kept neither his conquests nor his kingdom. For, some fourteen years afterwards, in A.J). 591, a great slaughter took place at " Wodnesbeorg " — supposed to be Wanborough, near Swindon, but just as likely to be Woodborough, near Devizes — in which Angles and Britons alike con- spiring against him — u conspirantibus tarn Anglis quam Britonibus 33 — Ceawlin was defeated, and forced into exile. It shews us that, at all events in these parts, the Celtic races lingered still, and that they were a power strong enough to turn the scale of contending parties in favor o£ the side which they supported. In fact it is doubtful if the Teuton invader, at all events here, finally prevailed over them till some three hundred years after the time of the contest at " Wod- nesbeorg ; 33 and then the result was no doubt their subjection, but certainly not, as some would have it, their destruction. I have dwelt on this especial matter, because I have long felt that the idea which has often been entertained, that " the English conquest was a sheer dispossession and slaughter of the people of the country 33 was simply and wholly a mistaken one. It is indeed amusing at times to see how defiantly Englishmen in general reject the theory that they are in a great degree of Celtic blood. The theory however is, I believe, a true one. The evidence in favor of it is overwhelming ; whilst on the other hand there is absolutely nothing but assumption. Indeed the Englishman ought to rejoice in the fact ; for it is the ad- mixture of Celtic blood that has made him a more enterprising, it might almost be said a more vital man, than the Dutchman, or the Dane. One thing is quite certain, that the Britons maintained their ground in these parts more[or less for some centuries after the settlement of the English in the island. History itself implies as much ; the object of this paper is to shew that the same fact may fairly be inferred from the many " footprints, 33 in their place-names, which they have left behind them. 64 On some Place-Names near Malmesbury, I will now put before you various examples of such H Place-names/' belonging to the several classes I have indicated. (I.) As to Celtic place-names in this neighbourhood. It is impossible for any one, at all accustomed to the study of local nomenclature, to glance, even cursorily, at a map of the neighbourhood of Malmesbury, without being struck at the large proportion of the names which are clearly of Celtic origin. As a rule, a conquering people adopt, from the language of the natives, those local names which designate the natural features of a country ; such, for example, as its rivers, its valleys, and its ancient tracts of wood-land ; in truth, in such names it would be not only difficult, but almost impossible to effect changes. In this neighbourhood, we not only have examples of this character, but some in which the English, whilst adopting the Celtic names, added their own endings to them. Take first of all the name Cirencester. The river on which that town is situated is now called the " Cerne " or " Churn. " Originally no doubt the initial letter was not as now a palatal, but a guttural, and was pronounced " Kerne/' — The Romans added the Latin termination to the river-name and called the place Corin- ium ; just as they called what is now Marlborough by the name Cunet-io because situated on the river Kennet. — The English also took the river-name, and added to it their own form of the Roman eastra, and so made it Ciren-cester , that is the " encampmeot on the Cerne." Again the old name of the stream flowing by Malmesbury was the Bladon : and so the name of the fortress was originally " Caer- Bladon.'" The earliest grant to Aldhelm, for his monastery at Malmesbury, by Hlothere (or Lithuari) Bishop of Wessex, was dated from the banks of the Bladon. This name appears also as Braden (or Bradon) and like other streams (such as the Wyley and the Avon) gives name to an adjoining district, the interchange of the letters *' V3 and fc r " being natural enough. Thus, whilst from the Latin " peregrin-us " we have our word "foreign" we obtain and their Historic Teachings. 65 from its later Italian form " peligrin-o " our word "pilgrim " ; an interesting example enough as shewing how the two now distinct words "foreigner " and "pilgrim," came originally from the same source. Then of course there is the river Avon — a generic name for " water " in the Celtic dialect — which by the way has supplanted the old river-name Bladon. Hard by is a place, or rather district, now called Ampney, but in Domesday spelt " Omanie," and formerly " Amney." The former part of this name is most probably a con- traction of " Avon." In words common to the Latin and the Welsh, the letter " m " in the former, frequently became " v" in the latter. Thus the Latin "fimus" is the Welsh "fivv"; and " temin-us in like manner becomes " ter^yn. " Moreover, as Lhuyd tells us, " Avon " was also written " Amon." In any case the name Am-ney can hardly fail to remind us of the Latin " am-iiis" (=a river), and if in one place more than another we might expect to find traces of the Romans in local names it would be here, where we are in the immediate neighbourhood of Roman roads, and Roman settle- ments. There is a hamlet near Foxham, bearing the name Avon, on whose banks it is situated : and close to Tetbury we have a place called Avening, a word which, from its Anglo-Saxon form ' 1 JEfen- ingas" can only mean the dwellers or settlers " near the Avon." Again, there is the Isis which flows by Cricklade, one form of a very common Celtic word for " water," and which occurs also in so many other forms, as Ash — Usk—Exe — Ouse — and the like. In the place-name Eisey, which is close by Cricklade, you have the river-name slightly modified. Ash-brook is an alternative name of one of the Amneys ; and no doubt Ash-ton in this neighbourhood means the " village by the water." From a similar source come the former portions also of the following names : — Wash-port, near Lidiard Miliicent ; Wash-burn, the name of a mill close by Somer- ford Keynes ; and Gauze-brook, close by Hullavington. Then also in the former part of Coles-burn and Cors-ton you have the Celtic names of streams. In the Malmesbury Charter we have entries such as the following: — "amnis qui Cors-broc vocatur," and "rivulus qui Corsa-burn vocatur." Hence from old vol xxi. — no. lxi. i> 66 On some Place-Names near Malmesbury . Celtic river-names, whatever their precise meaning may be, come such place-names as Cors-ton, and Coes-ham, and Cole-Park. In the name Idover, though now I believe applied only to a village near Dauntsey, you have simply the Celtic expression " y dwfr," i.e.., " the water " The name " Dover " is an Anglicised form of it, and in a Malmesbury Charter relating to Dauntsey, a brook is called " Ydoure." In the course of this same stream you have " Dores-b ridge, the former portion evidently a corruption of the same word, and shortly afterwards " Thunder -brook," which, as a learned Celtic scholar has ingeniously suggested to me, may mean " dwnn- dwr," that is "a dark or turbid stream/' There is little doubt moreover of the former portion of Crick- lade being the name of a stream, though that name is now lost, and of the whole word meaning " the water-course of the Crec." The spelling of the name in the Saxon Chronicle — Creace-gelade — can hardly admit of any other interpretation. There are streams in Lancashire called the " Crake," and in Kent the " Cray," — on the latter is Cray-ford — which would seem to be slightly modified forms of the same original river- name. Then you have such names as Wire-^oxt, Swill-brook, the Berry, (clearly from ^r=water), close by Ashton Keynes, all of which have the Celtic element in them. I should not be surprised if" Cow- bridge," as regards its former portion, were a corrupt and disguised form of a river-name more familiar to us as the " Wye." But you have this Celtic element not only in river-names, and in places called after them, but also abundantly in other place-names. For example, — close by Bradenstock is Clack. This is clearly nothing else than the Celtic "cleg" which means a "hill," and the situation of the place alluded to verifies its name. In Clegg, by Rochdale, you have the term almost in its original form. The English found the same appellation given to a high eminence close by Warminster, but, not understanding it, added a synonym of their own and called it Clay-hill ; it is however simply a reduplicative. Then, a large number of names are compounded with the Celtic term coed or coit (=a wood). In Coate, near Swindon, you have it in almost an original form; in Goat- acre, near Lineham, it is and their Historic Teachings. 67 partially corrupted. Then you have Cat-comb — Cad-en-ham — C\d- lby — Chad-ing-ton — all at no great distance, each in their first portion containing the same Celtic word for "wood." One form of this word, especially in the Cornish dialect, was cuit ; hence we see how to it we can also trace such names as Whit-ley — Whit-lands,— Wheat- acre, and the like. And then there are a number of local names, which we feel almost instinctively to be from a Celtic source, though we can only by a rough guess assign to them their original forms or meanings. Such are Kemble (in old charters spelt " Chemele,") — Surrendel, — Syrencote, — Binknoll, — Seagry, (formerly Segrete,) — Minety, — Lidiard, — and possibly Oaksey (the Domesday " Wochesic") — all within an easy distance of Malmesbury. So that we may fairly contend, I think, that, in this neighbourhood at least, the Celtic races not only had a firm hold, but retained it for some time after the advancing conquerors had more or less subjected them to their rule. One other point must be alluded to in illustration of the Celtic element in place-names near Malmesbury . All along what seems to have been a border-line separating the two races at one time, and which stretched from the mouth of the Axe to Wells, and thence northward by Bath right into Malmesbury, you have names still remaining which would seem almost to shew that, for a time," the Britons and the English dwelt side by side, each in their own settlement. The English, as we know, superciliously called the Britons, Wealas (=foreigners) — using the term in much the same way as our villagers speak of strangers as " voreigners." For example a " fT eM-woman 99 is equivalent in their tongue to a stranger, as we should say an " outsider" one not belonging to their village or neighbourhood. The Britons, as do also Welsh to this day, called ift themselves " Cymry" Now close to Wells we have a place called Wall-comb, i.e , the p combe of the Wealas." Travelling northwards, we have, close by Camerton, Walls-mead, and hard by is English-batch. Then a little more north we have, in like manner, on one side English- it combe and on the other Wall-cot. Remembering that these names were all given by the English themselves, surely they are evidence p % 68 On some Place-Names near Malmesbury, that the native races maintained a sufficient hold on a portion of the territory to stamp on them the fact of their still inhabiting them as a distinct race. (II.) We have now to consider what traces in "Place-names" in this neighbourhood the Romans have left behind them. These, as has been already intimated, are not numerous. And it is singular enough, that, though every county bordering upon Wilts has its " cester " or " Chester" (the modern form of the Latin " castra" =castle, or encampment), there is none here. In Hants you have Wm-chester ; in Berks, Sil-ckester ; in Gloucestershire, there are Glou-cester and Ciren-c^^r ; in Somerset, there is II- chester, and Bath was once called BaLthsm-ceaster . You seek in vain for a similar compound in Wiltshire. The few remaining traces of Roman occupation are found naturally enough in the names of places situated near their great roads. Thus in Easton Grey, a parish through which the " Foss-way " passes, you meet with Foss-knoll ; and then again you have Fox-cote (an evident corruption for Foss-cote) which means the " cotter's dwelling near the fosse." The name Stratton (=a village by the Stratum, i.e., street or public road) is to be found more than once. We have Upper Stratton, and Stratton St. Margaret, not far from Swindon. There is a place of the same name also on the Gloucestershire border. Near Bedwin, by which a Roman road passed, there have been dis- covered abundant traces of Roman occupation. Bedwin Brail is probably a modern corruption of the late Latin word (< bruelletus" which means a small coppice. Btjrbage, which is in the same neighbourhood, and which occurs also in Berkshire and Leicestershire, is not unlikely to be an English form of the Latin berbiagium, from berbex a mediseval form for vervex (=a sheep) which means a sheep- run or pasture. No doubt some local names are due to Roman vestiges, which yet sprung up after a long break in the thread of Roman tradition. Then again we have, near this place, the name Cold-Harbour, one which is invariably found in the vicinity of Roman roads, or of Roman remains. There can be little doubt that the English gave and their Historic Teachings. 69 this name to those villas or stations, which, after the Romans left the country, were unoccupied, and so allowed to fall into ruin. The word ceald-hereberga may well mean an exposed and desolate dwell- ing1. Possibly some such dwellings were at times roughly repaired, or modified, so as to furnish a temporary shelter for travellers. A retreat of this kind, from its consisting of bare walls, might well be called " Cold- harbour" as a mere shelter against the inclemency of the weather. Such an interpretation at any rate is supported by the circumstance that the name Kalien -Herb erg is still borne by some inns in Germany to the present day. (III.) And now as to place names given by the English themselves ; these are of course numerous enough, and we can mention only a few of them. The original site of the castle, afterwards transferred to Malmesbury, was, according to tradition, at Brokenborough. In Domesday this manor is represented as containing some fifty hides, (probably from 3000-4(10(1 acres), and embracing, as subordinate manors, what are known now as Corston, Cole- Park, Bremilham, Grittenham, and Sutton Benger. The name can hardly mean other than a " broken-barrow" that is a tumulus which has been " broken " or " dug into ; " so that there were sacrilegious riflers of tombs in the ninth, as well as in the nineteenth century. Again Garsdon is simply " gmrs-dun" that is the grass, or it may be the gorse, hill Stanton, is the stony village ; — Wootton, the village by the wood ; — Somerford denotes a ford passable only in the summer-time ; — Rodbotjrne, in the charters Ueod-burne, is the reedy stream ; — Charlton, the part of the manor in which the free labourers, called Ceorlas, dwelt ; — Latton, originally " lade-tun" is, I conceive, the village by the water-course ; — Sherston is the village by " the boundary," or it may be simply the " Shire-stone" marking that boundary, the place itself being on the borders of Gloucestershire. Then there are many names which seem to be the record of some old owner, or, it may be, some chieftain, which are of much interest. Kempsford is simply " Cynmceres-ford" — a name which is still preserved to us in the Irish title of " Kenmare," 70 On some P lace-Names near Malmesbury , Crudwell, originally Creodan-well (=well of Crida) : a memorial, if not of Crida, the King of Mercia, who was slain in A.D. 593, at the battle of " Wodnesbeorg," in this neighbourhood, at all events of one of the same name. Cuckhamsley — originally Cwichelmes-hlaw , (the latter word meaning a tumulus) ; a memorial probably of the English Chieftain Cwichelm, who perished at the same time, and in the same contest, as Crida, just alluded to. Pimbury — originally " Penne-burg" i.e. the hill or castle of Penda. A King of Mercia of this name, fought with the West Saxons, at Cirencester, c. A.D. 682. Coberleigh — originally " Cuthbert's-leigJi" Chedworth — probably the holding of " Cedde " or " Chad." This surname is of course well known as that of a Bishop of Lichfield ; and the place-name may be the memorial of some name-sake of his. Brinkworth : — an old spelling " Brenc/ie-worde/' would seem to indicate a similar source as " Brenches-borow,-" the original name of the ancient hundred now called " Branche." As in Saxon Charters we perpetually meet with the names " Brenches-berg" and " Branches- cumb" (Cod-Dipl., 314, 1061), it looks as if the former portion were a personal name, whatever its precise form or meaning may have been originally. Dauntesy, — in ancient charters it is always spelt " Domices-eye/ which Leo interprets as " insula aciei judicii," that is, " the island of doom," or condemnation and execution. One must always doubt such ingenious interpretations, for they are too often true in inverse propor- tion to their apparent plausibility. I venture to give a far more prosaic intrepretation of this place-name, the more so as the original form seems at the first glance to denote a personal derivation. Amongst old Frisian names given by Wassenberg is that of " Domke" a con- traction possibly of the better known " Dominick" Dauntesy may originally have been called from an owner or settler bearing the former name. Of course this is simply a guess, which may go for what it is worth. Draycot, — some fifty years ago, when people were rather crazy about the Druids, and things Druidical, they used to tell us that and their Historic Teachings. 71 the former portion of this place-name was from the Welsh dryw (=a Druid) or from an Anglo Saxon dry (=a magician). But not only is Draycot too common a name in England — there are no less than three in Wilts — to warrant such an idea, but the former portion in ancient charters in spelt " drag" There is an old Frisian proper name "Dmge" probably the modern " Drake/' and which, judging from the crest of the " Drake " family, which is a " dragon/'' is no doubt more allied to " draco " than to the domestic web-Looted bird called a " drake" that quacks about our home-steads and on our ponds. My own belief, is however, that " Dray " — as in Dray-cot and Dray '-ton — is just as likely to be a form of Drais or Dreis, a contraction of " Andreas " which we find in " Dreiske " in Germany. As " Drais " and " Dreis " are Saxonic forms for " Andreas/' Drai and Drei will be legitimately formed from Andrew. The modern Friesic forms are " Drewes " and " Drew/' Strangers Farm ; — the name of a holding in Dauntesy parish. In the eharter relating to i( Domices-eye " we have one point of boundary called Sir enges -bur gels • that is, the burial-place of some- one of the name of Streng, or Strong. Whatever the precise form of the original name may have been, I believe it has been corrupted into " Strangers." Malmesbury : — about this place-name there have been not a few guesses. Some tell you that it is from Maildulf, a Scot, or perhaps Irish, hermit, who settled here in the earlier part of the seventh cen- tury, and laid the foundation of what afterwards became its famous abbey. But even our dear old friend John Aubrey, who had his full share of credulity, says — " Methinks it is too forced an Etymologie for this place." Others will have it, that it is a corruption of " Aldhelms-bury," whilst Bishop Gibson goes so far as to suggest that it contains something of Maildulf and something of Aldhelm ! His words are " turn Maildulfi turn Aldhelmi aliquid continet, et ex utroque conflatur" — that is, literally, " blown together," or so to speak " evolved " from both. That Bede calls this place u Maildulfi- urbs " (=MaildulPs city) is true ; nevertheless its earliest name, after the re-establishment of Christanity here, was most certainly rf Mal-dunes-berg," and in Latin it was called " Monasterium 72 On some Place-Names near Malmesbury , Mel-dun-ense." To me it seems clear that the root of the word is the Anglo-Saxon mcel-dun (as in Mal-don in Essex), and that it means literally " Gross-Hill" or as we might say u Church-Rill" ; for " mcel " designates the image of our Lord on the cross, or what we usually call a crucifix. I do not mean to affirm that the names of its two founders may not have had something to do, in later times comparatively, in modifying the name, and without all doubt the form of " Maidulfs- berg " is an ancient one. Still my firm belief is that as " Caer-Bladon" was its name in British times, so " Msel-dun ** marks the period when Christanity was again planted here. Of course its final syllable — burg or bury — was not added till the town grew round the castle, or the monastery. This was at a more recent period, the fact that the dividing line of two of the ancient hundreds — — -Cheggelow, and Sterkley — ran right through the middle of the town, proving that the town itself was subsequent to the formation of the hundreds. Christian Malpord : — originally Cristes-mal-ford, that is the ford by Christ's image (=a rood or crucifix). The word Criste-mcel often occurs in Saxon charters to denote points of boundary. Thus in a charter relating to Niwanham (=Newnham, in Kent) we have a boundary -point described as " j?ser Ipe cristes-mal stod/" i.e., " where the crucifix stood " (Cod. Dipl., 526). This place-name is interesting, as shewing us that, in early days of Christanity in Wessex, it was not unusual to put way-side crosses at points of boundary, or near fords. Some who listen to me will know how common they are in various parts of Europe. And in passing I may observe, that, as the two last-named places are memorials of the early Christianity of our English forefathers, so such names as Wodnes-dic (=Wansdyke), and Wodnes-beorg, which may be either Wanborough, near Swindon, or Woodborough, near Devizes, as well as Tewes-ley (near Wanborough) , as explained by an expression Teowes-jporn, in Cod. Dipl., 174, and as derived from the names of " Woden " and " Tuisco," two of the deities they once worshipped, are memorials of their previous heathendom. Of course it would be possible to multiply examples, which would bear remarkable testimony to the influence of those who from time and their Historic Teachings. 73 to time have ruled more or less permanently in these parts of England. Each — whether Briton, Roman, or Englishman — has left behind him characteristic memorials in the place-names that remain, — " foot-prints " which may easily be identified, as first of all impressed by one or other of the three different races. One point I would fain hope to have established, — namely, the abiding influence exercised by the original British tribes long after the English had obtained a footing in these parts. The theory of their entire destruction seems to me to be entirely a modern invention. The earliest assertor of it was, I believe, William of Newbury, who wrote his chronicle many centuries after the Celt and Teuton had been blended into one people. Doubtless the British chieftains were either slain in battle or forced into exile, but the bulk of the people remained. By degrees they were made subject to the con- querors,— as Malmesbury says " famulahantur Any lis," — that is, they became their servants, or tillers of the ground for them, and were gradually absorbed into the general population. But des- troyed they never were, — for in that " tongue of Jan &" which stretches from Cricklade to Malmesbury, southwards, some fifty miles long and fourteen broad, they held their ground for many years, and there at all events was still spoken the Celtic tongue long after the English gained a footing in it. "Vulnerati sed non victi"— which we may freely translate as " cast down but not destroyed," — this is the motto of one of the ancient city companies, and it may also be taken as descriptive of the Britons who fought so long and so bravely for their native land. Indeed they maintained the conflict even till the seventh century ; nor were they fully subdued, or their nationality destroyed, till a century later, when the Norman conquest bent Celt and Teuton alike under the yoke of the Conqueror. And all the traditions, that cluster round this deeply interesting place, point to similar results. Put what trust you please in the story of the very early monastery here, under the control of Dinoth, Abbot of Bangor, still I claim for it an establishment of the fact of early communication between Wales and Cser-dur-burg. Bear in mind too what we are told concerning Maildulf, a Scotch or Irish hermit, who came here to settle a century or two later, and may we 74 On some Place-Names near Malmesbury, not almost assume that there was a language spoken here intelligible enough to one familiar with Celtic dialects, who might hope to find a useful field for his labours. Remember too how the saintly Aldhelm — your saint here, and mine at Bradford — is said to have written a notable book on matters in which the British Church, as was alleged, acted contrary to the purity of catholic faith and practice, on the reading of which many differences between the two churches were healed. And then once more recollect how the church at Crick- lade, is dedicated to a Welsh saint, S. Sampson, — a solitary example as far as I know in Wilts, — and how Johannes Scotus — i.e., John the Scot, (or Irishman) — is said to have taught here, an image (as Leland says) having been set up in the abbey-church to his honour, — and surely you have enough to justify you in coming to the con- clusion, that Celtic teachers found an appropriate field for their labours in a part of England included by the great Alfred in his will under the title of Weala-cyn (= Welsh-kin). Some of you possibly may think that I am a little too sanguine as to all my remarks carrying instant conviction. But please bear this in mind that my own fore-fathers came from the Principality, whither no doubt many of the Britons, when forcibly deprived of their own inheritance by the Englishman, retreated for safety, and that I do feel some just pride in having within me a few drops of that " blue " blood, which once flowed in the veins of the subdued — ■ but never disgraced — Cymry. W. H. Rich Jones. Bradford-on-Avon, April, 1883. 75 detracts from % ^§tcoxh of % lEiltejjiw Communicated by R. W. Meekiman, Clerk of the Peace. REIGN OF QUEEN ELIZABETH. (Continued from Vol. xx., p. 341). IX. — Relief of the Poor. — Poor Prisoners : Maimed Soldiers. HE power already referred to, of binding' poor children as apprentices, was one expressly conferred upon Overseers by the famous " Act for the Relief of the Poor/'' passed in Elizabeth's reign. Of that oft debated Statute no further debate is here pro- posed. Its operations were in great part parochial, the principal duties which it laid upon the Court of Quarter Sessions were the levy of contributions " for the relief of the poor prisoners of the King's Bench, and Marshalsea, and also of such hospitals and almhouses as shall be in the said county," and the yearly appointment of two treasurers to receive and administer the contributions so levied. The surplus was to be applied for the relief " of those that sustain losses by fire, water, the sea, and other casualties " Examples abound in the Sessions Minutes of judgments on offences against this act and against the Poor Law which was in force before it. Presentments and punishments are recorded of persons — who neglected to give to the poor — who refused to become collectors for the poor — or to pay their proportion of the rate. The loss of the great rolls or Sessions Bundles of this reign, may probably have removed the only records which existed of the assess- ments made by the court on the several parishes within the county ; the only rate set forth in the minutes of Elizabethan days, is one for a collection of gaol money given at length at p. 82, infra. Even before civilian indigence had thus been alleviated by a 76 Extracts from the Records of the systematic organization, of which the framework remains to this day ^ the army and the navy had not been forgotten and the Irish wars furnished a plentiful list of candidates. For the administration of the fund raised for these retired veterans two treasurers had yearly to be appointed ; Mr. William Bowlie, and Mr. Edward Estcourt, were appointed at the Trinity Sessions, 41st Elizabeth ; and in the two following years j Mr. Thomas Snell, and Mr. Thomas Mompesson — Mr. Edward Long, and Mr. Thomas South — were respectively treasurers . The following may serve as an illustration of an order in favour of a maimed soldier : — " Whereas Robert Bungey, of Trowbridge, in the foresaid county, hath served our Soverign Lady the Queen's most excellent majesty, in her highness's wars in Ireland, as a soldier, of the company under Captain Charles Egerton, as it appeareth under his hand, and the commissioners authorized by the Lord Lieu- tenant of Ireland, in which the said Robert lost one of his hands to his utter undoing. We therefore, the commissioners for the preservation of her highness's peace in the county where the said Robert was borne, tendring the distressed and weakened estate of the said Robert, and intending his relief, according to the statute made in the parliament of our said Soverign Lady the Queen, holden at Westminster, the twenty-ninth day of February, in the thirty-fifth year of her reign, intituled ' An Act for the necessary relief of soldiers and mariners.' Do by these presents grant and allow unto the said Robert Bungey, a yearly pension of five pounds, of the sums of money collected and gathered, or to be collected and gathered within the said county, according to the said statute, willing and requir- ing, and by these presents authorizing the treasurers of the said county for the said collection upon the sight and view hereof, to make payment of the said pen- sion of five-pounds yearly, unto the said Robert, until such time as the same shall hereafter be revoked in the general and open sessions of the peace, to be holden within the said county. And this our grant made in this present sessions of the peace, holden at Maryborough, the first day of October, in the forty-fourth year of the reign of our said Soverign Lady, the Queen, shalbe their sufficient warrant and discharge for the payment thereof. In witness, &c, Edw. Hungeefoed Miles, Will, Eiee Miles, Jacobus Ley, Ar. Heneicus Poole, John Waenefoed, Ar. Heney Maetyn, Ar. John Danknett, of Sir Arthur Savages' company, received a pen- sion of five pounds : as did also Thomas Dogett, whose claim was authenticated by ' e the lorde president/'' the Earl of Essex. Among soldiers who had served in Ireland : Christopher Duckett, late a sergeant under Captain Tolkerne, obtained a like annuity : William Shiler, of Purton, who had served under Edward Digges, captain Wiltshire Quarter Sessions. 77 of one hundred men, in the province of Munster, and Thomas Willis, of Bushton, who had served under Captain Edward North, commanding a similar company, had to be content with pensions on fifty shillings. Andrew Symes, of Cannings, gentleman of a com- pany, in the low countries, under Captain Vavasour, was assisted with ten shillings, to enable him " to return to his Captain/' A jealous eye was evidently kept on these pensions. At the Trinity Sessions, 41st Elizabeth : — " It is ordered by the Courte that Robert Lyde shall from henceforth be dis- charged from his yearlie pencyon allowed unto him for his mayme in the warres, and that the treasurers for the maymed soldiers shall not delyver him anie more money." If the clerk of the peace was a trustworthy chronicler the justices relented from their severity. " Notwithstanding this order 33 so writes the officer of the court : " he is at the next Sessions allowed his former pencyon." But at the Trinity Sessions, 1600, Robert Lyde is finally noted as " from henceforth discharged receiving anie more pencion." If a grateful country, even under stress of statutory compulsion^ were comforting by such gratuities the declining days of the retired warrior, — it was a thing not to be tolerated that he should attempt to supplement his income by professional mendicancy. This abuse was expressly forbidden by the Act under which these men drew their annuities, and this wholesome law was vindicated at the Easter Sessions, 44th Elizabeth, in the person of Henry What- kyns : he was indicted and found guilty, ("pro felonice vagarant ianquam miles et soldariits/3) but was leniently set at liberty without judgment. X. — Vageancy. Vagrancy, chronic and ineradicable ailment of the body politic, sorely vexed the social physicians of the day, and defied treat- ment then, as stoutly as it still defies. And their regimen was trenchant. The penalties imposed on vagabonds by the statutes of Henry VIII. and Edward VI., were of savage severity— -burning through the gristle of the right ear with a hot iron of the compass 78 Extracts from the Records of the of an inch, was the punishment of a first offence, and life itself was forfeit for any that " after do fall again into a roguish life." Licences to beg were expressely sanctioned by the law, and entries of such grants figure in the Wiltshire Minutes : no explana- tion is afforded of the grounds upon which these concessions were made, but one applicant made out so good a case that he was permitted to range " per totam comitatum." Illustrations abound of the multifarious penalties inflicted on rogues and vagabonds. In at least one instance sentence of branding the ear is passed upon a woman. Undertakings are entered into by persons willing to afford employment to vagabonds for one whole year, an engagement which was accepted in substitution for the application of the hot ear-iron. Fines are inflicted on persons who failed to punish vagabonds ; more that twenty persons were so fined at the Epiphany Sessions, 24th Elizabeth : the lash is liberally and impartially administered, and removals are conducted upon the usual terms, of which the following is a sample : — " It is ordered that Willim. Tipping, prisoner in the gaole for a wandering pson, and Alice, his wiffe, shalbe whipped, and sent to Coventrie, where the said Tipping was born and last dwelt." This was all according to law, for the statute enjoined that this valedictory attention should speed the parting guest on his home- ward journey. For incorrigible rogues, the galleys were considered a fitting des- tination, yet even there their memory was kept alive 1 in the county from which they were committed. 1 Mr. Hamilton states that this vote towards the maintenance of persons so sentenced, was merely a compliance with a claim from the lords of the council. He points out that Macaulay is inaccurate in representing the galleys as a novelty first introduced to the notice of Englishmen in 1690. The passage occurs in chap. xvi. vol. iii., of the History of England. "As the line of ships turned the lofty cape which overlooks Torquay, an incident happened which, though slight in itself, greatly interested the thousands who lined the coast. Two wretched slaves disengaged themselves from an oar and sprang overboard. One of them perished. The other, after struggling more than an hour in the water, came safe to English ground and was cordially welcomed by a population to which the discipline of the galleys was a thing strange and shocking." Wiltshire Quarter Sessions. 79 Michaelmas, 44th Elizabeth : — " Yt is ordered .... by the right honourable Sr JohnPopham Knight* lord Cheife Justice of England, and of Her maties most honourable privie counseile, and other the Justices of the Peace, .... that all and eve'y suche pson . . . . as shall hereafter at the General Sessions, .... be convicted as incorrigible rogues, and there adjudged to be imploied for service in Her Maties gallies shall have alowed unto them .... a yerely pension of three pounds, half -yerely to be paid out of the stock of money collected and levied . . . . for reliefe of the prisoners in the K. Benche and Marshalsey, by the treasurers of the saide collecon, .... during solonge time and in such manner as the said Justices shall appoint and set downe." XI. — Gaols and Houses of Correction. — Constables. It is a relief to know that the punishments adjudged to vagrants, occasionally stopped short of the branding* iron, the galleys, and the halter; and that for these extreme remedies imprisonment was a recognized alternative. Any sessional orders concerning the prisons of Wiltshire in the sixteenth century possess such obvious interest that their transcription in extenso may be pardoned. The gaol at Fisherton 1 Anger is frequently mentioned, and was no doubt the common gaol for the county, to which (without any speci- fication of locality) reference is often made. The following extracts relate to the prisoners rather than to the prison. Easter, 19th Elizabeth : — " It is agreed yt the Justices in evry division shall appoint the Churchwardens in eny greate prishe to gather ijd by the weeke. And in eny meaner prishe id by the weeke for the Relief of the prisonrs in the coen [common] Gayle. This money to be taken out of the Church box or collection for the poor and to be dehVed to the constables of evry Hundred, and by the constables, to be brought to the next Quarter Sessions and there to be delivred to the Justices of Peace and by them to be appointed to such persons nere the Gaile as they shall think good — This order to take his beginning from our Lady's day last, and so to continue. And those collections to be brought from time to time to every Quarter Sessions in form aforesaid, untill order be taken by the Justices to the contrary." 1 The gaol of the City of New Sarum is also mentioned, for as an excuse'for his non-appearance at the county quarter sessions Walter Cotes, of Barford St. Martin, pleaded that he was languishing in the city gaol. 80 Extracts from the Records of the Ephiphany, 20th Elizabeth : — " It is orderyed at this Courte, that John Mogaridge, of Alderbury, in com4 Wiltes, gent, and Gyles Awsten, of Fysherton Anger, gent, are appointed dis- tributors of the money collectyd for the relief of the prisoners committed to Fisherton Anger. In the next, the scheme for providing a house of correction begins to take form. Trinity, 20th Elizabeth : — u InpTimis yt is ordered and agreed that ijd of evy prshe shalbe by the constables of evry hundred weekly gathered and levied from the Feast of S* Michaell tharchangell wch was in the yere of Or Lord God, 1577, untill the Feast of Sl Michaell, tharchangell next. And the same money soe gathered for asmuch as resteth behinde, and not yett gathered, to be wtb all convenient speede collected and delivrd to the collectors for the relief of the pson's and for the resydew here- after to be dewe, to be collected and alsoe answered monethlye unto the said collectors untill the said Feast. And for such as have payed for any pte of the yeare of A0 1576, to be discharged for payment or collection of soe much in this yere as the sume soe collected in A0 1 57 6, amounteth unto. And yt is also ordered and agreed that the Justices of the peace of evry divysion wi,;hin this shyre shall forthwth delyver the bokes of the subsydye to the constables of evry hundred whoe thereuppon shall forthwth collect and gather of evry pson being sett att v1 in goods and uppwards, and at xls in land and soe uppwards, iiijd of evry pounde for and toward the prvysion of a house of correccion for vaccabonndes and idle people within this countie, wch money being gathered shalbe by the constables of evry hundred throughe oute this whole countie brought to the next Sessions of the Peace, tobeholden within this countye, there to be payed and delyvred as by the discretion of the said Justices of the Peace, or the more pte of them, being there prsent shalbe thought meete and convenient for and toward the purpose aforesaid. " For the better relief e of wch psonrs and to thentent that those should be relyved that are sent to the gayle that have noe habylytie or relief of themselves. That evry justice of the peace within evry devysyon shall uppon the sending of any vacabonnde or other prsoner to the gayle exe [examine] the habylytie of the same ptie. And thereppon yf they shall finde that the same pson have any habytylie to relyeve himself, that then they shall take order for the sending of the same pson's relief e of his goods monthly by the communicon of the constable of evry such hundred. And also that evry of the same Justices shall make a note in the booke of his Mythym8 [mittimus] to this effect, that is to say this pson hath habylity to be relyveed of his own goods and otherwise to certyfie for how long time his goods will serve toe relyve him. And then theruppon evry such pson soe certified to have habylitie to have noe reliefe of the money collected for the prsonrs as aforesaid." In the next the site of the new building is all but settled. Michaelmas, 20th Elizabeth : — " Itm it is ordered and agreed that such collections as be behynde for the Wiltshire Quarter Sessions. 81 relief of the prisoners in any hundred or de vision, shall be forthwith collected and gathered and delivered to the collectors assigned for that purpose, who are to yeild accoinpt to the justices of the peace, at the next Sessions. " And it is further ordered and agreed, that there shall be from hensforth collected through oute the whole Shire the sum of xl1 to be gathered by equall consideration to be had what shall be gathered in every devision for the relief of the said prysoners, wherein it is agreed that upon thappearance of the said Churchwardens before the* said Justices in their devisions, they shall take a note of all the parishes within their devision, and therin consider of the bygnes or smallnes of their parishes and thereuppon at the next Sessions to agree upon a Taxation what evry parish shall be taxed at and thereuppon take order for the collection and payment thereof accordingly. "It is also agreed that the order taken for the gathering of iiijd of the pounde of such as be sett at v1 and upwards, and xls in land, shall contynue and that the said collections be made and the money answered by the constables of evy hundred within evy devision, at the next Sessions of the peace, where further order shall be taken for the obtayning and making of a house of correction for vagabonndes and Eoges, and in the meantime It is agreed that a Letter be directed unto my L. Treasurer to be a mean to Her Mtie for the obtaining of a piece of the Castell of the Devizes, where the said house is thought fittest to be. " And it is agreed that Sir John Dan vers shall have the carryeing of the said letters and solyciting of this cause unto his Lordshipp, and if any charges shalbe by him layde oute in this behalf, the same shalbe borne and discharged by the subjects of this County by the taxation of the Justices of this County." Hilary, 21st Elizabeth :— " First it is agreed that Mr. George Burly and Mr. John Trew who are appointed at the Quarter Sessions holden next after Easter, shall forthwith take upon them the execution of their offices according to the statute for that purpose made in Anno ix., of the Queenes majesty, and that they shall disburse and lay out such sums of money either for the purchasing of the house of correction and for making of such convenient rooms, providing of such stocks and stores and provisions for correction, as by the consideration and appointment of Sir John Danvers, Sir Edward Baynton, Knights, William Brouncker, and Michaell Earnly, Esquires, four Justices of the peace of this County, or by any two of them, shall be from time to time thought meet and convenient, which said Justices are now agreed upon and desired to take the whole care and consideration of the provision and ordering of the said house of correction, and of and for the pro- vision for such other Officers Keepers and purposes to be put in use and done agreeable to the said statute which said Justices shall and may also from time to time upon their warrant take and receive for and towards the purposes aforesaid of Mr. John Vennard such sums of money as they shall think meet. " Item it is further now ordered and agreed that such hundreds as have not at this time paid in unto Mr. Vennard the sums of money wherewith the persons therein inhabiting are charged to pay after the rate of /4d the pound from £5 upwards in goods and 40s/ in land that the Constables of the same hundreds shall collect gather and make payment thereof unto the said Mr. Vennard at or before the Feast of the purification of Our Lady next as they will answer to the contrary at their perils." VOL XXI. — NO. LXI. G 82 Extracts from the Records of the At the following Easter Sessions, order is made to " call the con- stables of every hundred to accompt to see whether they have made their collections for the house of correction .... and that the money behinde be forthwith gathered and delivered to Mr. Vennard." At the same time the collection for the relief of prisoners was continued at twopence of every parish weekly, until further order be taken. At the Easter Sessions, 22nd Elizabeth : — the officers of the house of correction are continued for another year. At the Hilary Sessions, 28th Elizabeth : — occurs the not par- ticularly lucid entry : — " Md that the consideration of the gaol money is referred to the order of Mr. Edward Penruddock Mr. John Penruddock and Mr. Giles Estcourt or to two of them." While at the Easter Sessions, 32nd Elizabeth ; — are found the following more intelligible words ; characteristic of questions which have arisen within living memory in relation to another Fisherton Prison and another claim of way-leave : — " It is ordered at this Sessions by the Justices that Mr. Kichard Gauntlet shall have seven feet of breadth to part the land at Fishert on for a way to his orchard and garden that he bought of Mr. Barrow adjoining to the gaol at Fisherton Anger." The collection of the gaol money furnishes the only example found among the Elizabethan Minutes of an assessment to a County Rate set out in detail. It is in the words following :• — " Wilts. A Rate by the Justices at this Sessions being for the levyinge money for the Gayle For somuch dew to Weekes as appeareth xxvj1 xiijs iiijd For reparacons about the Gayle layd out ") . . #1 . . s by the Shreife as appeareth by his bill ) Yu^ Morr for devidinge certeyne Romes there xl Sum' xlv1 iiijd It is to be levied upon these vj divisions viz Imprimis Thearle of Pembroke his division ix1 Sr James Mervyn his division vij1 xs S1 Tho. Wroughton's division vrj1 xs Sr John Danvers division vij1 Sr Edward Bayntons division vij1 x3 Sr Walter Hungerford's division vi1 James Mervyn John Danvers John Penruddock Edw. Penruddock Henr. Knyvet Hen. Poole Henry Willoughby Tho. Wroughton Willm Reade Wiltshire Quarter Sessions. 83 Of the territory covered by these several divisions no contem- porary particulars are forthcoming, but comparison with a description of the divisions as distributed in the succeeding reign suggests the following conjecture : — Sarum Division (The Earl of Pembroke's). The Hundreds of Alderbury, Amesbury, Branch and Dole, Cawdon and Cad worth, Chalke, Downton, Elstub and Everleigh, Frustfield, and Underditch. Warminster Division (Sir James Mervin's). The Hundreds of Damerham South, Dunworth, Heytesbury, Mere, Warminster, and Whorwelsdown. Marlborough Division (Sir Thomas Wrought ton's) . The Hundreds of Highworth Cricklade and Staple, Kingsbridge, Ramsbury, Kin- wardston, and Selkleigh. Devizes Division (Sir John Dan vers'). The Hundreds of Potterne and Cannings, and Swanborough. Chippenham Division (Sir Edward Baynton's). The Hundreds of Calne, Chippenham, Damerham North, and Malmesbury. Westbury Division (Sir Walter Hungerford's) . The Hundreds of Bradford, Melksham, and Westbury. Apart from the maintenance of a common gaol at Fisherton Anger, (dignified by the title of u Gaola Domine Regine ") for the whole county ; or the provision of a general house of correction at Devizes; it was clearly in contemplation that one such house of correction should be kept on foot within every hundred as is apparent from the following order made at what seems to have been an adjournment (held at Devizes, on the 15th October, 1600,) of the regular Michaelmas Sessions, held at Marlborough, on the pre- ceding 30th September. Michaelmas 34th Elizabeth : — " Whereas at the Genrall Sessions of the peace, holden at Mrlborough in the Countie aforesaid the last day of September now last past before Sr John Popham, Knight L. Cheif Justice of England and other justices of the peace within this countie an order was then made that a house of correction sholde be appointed in evry hundred within this Countie and necessarie instruments therin to be provided for the punishm* of such offenders as shold and hereafter shall be sent thither And that an Officer wch shoulde be named a Corrector shoulde be appoynted in evry such house for to punish the said offenders And that an yarlie stipend g2 84 Extracts from the Records of the shoulde be allowed to the said Corrector for his attendance and paynes In per- formance of wch order the said justices now assembled doe order and appoynt that for the Hundred of Pottern and Canninges the house of correction in foimer tyme wthin the Devizes being also wthin the said hundred of Pottern and Canninges shall now alsoe hereafter be employed for the punishmen1 of such offenders as shalbe sent thither by virtue of the said order And that Alexander Webb of the Devizes aforesaid sbalbe the said Corrector and have allowed him yerlie for his stipend xxxs to be levied of the inhabitants of the said hundred and of the in- habitants of the Burrough of the Devizes according to the said order. "And also that the house called the Church house in Urchfont wlhin the hundred of Swanborough shall likewise be employed for the house of Correction for the same hundred And that John Heyes of Urchfont aforesaid shalbe Corrector there And that he shall have yerlie for his stipend xx9 to be levyed as aforsaid. "And that the blynde house in Great Bedwyn w%in the hundred of Kynward- ston shall likewise be imployed for the house of Correction for the same hundred And that Willm Pearcy of Great Bedwyn aforesaid shalbe Corrector ther And that he shall have yerlie for his stipend xx8 to be levied as aforesaid." The hundreds as administrative areas here figure in a position of some importance ; each is dignified by the establishment within it of a separate place of confinement, which it is also called upon to maintain. But it is nevertheless the Court of Quarter Sessions which prescribes these arrangements and it may be doubted whether their introduction had the effect of enlarging in any sensible degree the executive powers of the high constables. These functionaries (holding an office of venerable antiquity) were elected, and no doubt sworn in, at the Quarter Sessions. Indeed a suggestion that the constable of the hundred of Kingsbridge was exercising his office unsworn sufficed for an order of the court that he be examined on this point by Sir Henry Knyvet. Their term of office was limited by the court to three years. To the Quarter Sessions also did the hundred juries make their presentments when the matter of them was of a magnitude which lay beyond the jurisdiction of the hundred court. On one occasion a string of pre- sentments is entered emanating from the jurors of the Borough of Devizes. XII. — County Rates. The two following extracts are proofs that a careful supervision was exercised over the collection of rates ; and that the power which Wiltshire Quarter Sessions. 85 the Act for the Relief of the Poor gave of compensating losses by fire was not allowed to lie dormant. Michaelmas, 1600 : — " It is ordered that Sr James Mervyn Knight, Carew Rawleigh, and Edward Estcourt Esquiers shall call before them the constables of Underdich and such other pson that have ben constables whome the said Justices shall thinke fitt of the hundreds of Cawdon and Cadworth and Chalke and examine them what overplus of money is remaining in their hands wch they have collected of their hundredes for anie service whatsoever and if there be anie f ounde remayning the said Justice to distribute the same amongst the inhabitants of the same hundredes according to their discretion. " Forasmuch as it appeareth upon evident pfe (proof) that John Roming of Catcombe in the pishe of Hilmrton had upon May daie last his houses and goodes burned and consumed to the value of Two hundred poundes at the leaste It is therefore ordered that the said John Roming shall have towardes his releife the some of Tenn poundes of money, wch said some shalbe payde him by the Treasorers for the Hospitalls and poore people of this Countie." A longer and more formal entry and a more liberal grant (of £50) ensued upon, no doubt, a much more destructive fire which, on the 27th September, 1601, at Castlecombe, did special injury to six persons named in the order of the Court. Michaelmas, 43rd Elizabeth : — "It is agreed .... that the sevral divisions of this Countie may towards all Her Maties services be equally and indifferently taxed and charged and as nere as may be in an even proporcon and that a greater burthen maie not be laide upon any division than upon on an other That Sir William Eyre and Sir Francis Popham Knights, or Henry Martiu Esqre in his absence, Henry Pole, Henry Sadler, Henry Willoughby, and Alexander Tutt Esquiers shall between this and the next Quarter Sessions .... consider and take some paines to inform themselves as nere as maie be of the true estate of everye the said sixe divisions and thereupon to advise what proporcon of charge willbe fitt tobe imposed upon everye ofthe said divisions towards everye of Her Maties saide services that none of the saide divisions be overcharged as in time past it hath been conceyved by some they have ben, and others to much spared, and that the said Comittees shall at the next Quarter Sessions make the rest of the Justices of the Peace acquainted with there travaile and opinions thereupon whereupon some present order maie be then finally taken howe the charges for the said services shallbe thence further rated upon each of the saide divisions and in the meane time the rates agreed on at this Sessions and set downe under our hands to stande in force Jo Popham Wm Eyre Edward Hungerford Wm Baylief Joh Warnford John Dauntesey Edw Estcourte Henry Martyn" 86 Extracts from the Records of the XIII. — Highways and Bridges. The loss, already deplored, of the " Great Rolls/'' of date parallel to the minute books of Elizabeth's reign, has no doubt withdrawn the solution of many of the entries to be found in the latter. The mere statement that such and such a tithing was taxed by the court at such and such a sum, leaves the purpose of the taxation a matter of conjecture. From the amount of the levy and from the context of the passage recording it, a guess may be made at its object, and sometimes the cause of the impost is explicitly stated. Among such causes the claims of highways and bridges assert themselves at no long intervals. Although of local rather than general interest, a few extracts under this head may be excused. Assizes at New Sarum, 26th February, 20th Elizabeth, before John Jeffreys, Chief Baron of the Exchequer, and Edmund Anderson, Ser- jeant at law. Traverse of an indictment and presentment against the inhabitants of the parishes and townships within the Hundred of Frustfield, for non- repair of the Queen's highways called Fursy Lane, and Tychborne Lane. Richard Gabell, and Thomas Bond, were pledges. Later on, the tithing of Smythcott, pleaded successfully that a way about which they were called to account, was not in their tithing ; Pur ton threw itself on the mercy of the court and paid five shillings. Wilton appears as a special sufferer; Ditchampton, Frog Lane, and another road unnamed, are mentioned as invaded by obstruction or nuisance ; Stephens Hill, in Lockeridge ; Boytell Street, in Cal- ston ; and a nameless road in " Orston Mary," figure as thoroughfares which for one reason or another, were impassable. The following is illustrative of statute labour : — Easter, 22nd Elizabeth :— '* Md to discharge the process of those whose names do follow for caryage to the Highways in Mere." [Nineteen names are appended.] Presentments of persons in relation to highways were frequent : whether they pointed to a private or an official responsibility does not always plainly appear. Wiltshire Quarter Sessions. 87 Trinity, 23rd Elizabeth :— " Md that I move my masters at this quarter Sessions for the fine (of) Ky chard Dear of Myddleton that he may be at (?) his fine for Myddleton wey for that it is repaired and to discharge the process thereof!:." Assizes at New Sarum, 30th August, 18th Elizabeth : — " Md to discharge John Webb of S waynswick for the presentments of the highweys by Mr. Read's order." lathe following the alias is suggestive of an inclination to disguise the memory of an inconvenient easement : — "Fine (5/.) of Thomas My lies .... of Warminster yeoman on an indictment for obstructing an highway called a law path across a close called joathelose otherwise parkclose." The minutes as to bridges, exhibit an unwillingness on the part of the court to " take over " any structures which they can leave to the charge of any other hands. Epiphany, 22nd Elizabeth : — " The fine of the tithing of Mylbourne within the parish of Malmesbury for half of the bridge called Holloway Bridge and for the Queen's highway from the bridge as far as Whitchurch Marsh is taxed by the Court at 5*." The tithing of Burton Hill is taxed in like amount, and their default (whatever it may have been), was to be corrected by Mid- summer " otherwise that process be made again." Trinity, 26th Elizabeth " Md to say that the way called Holloway's Bridge is in the parish of S* Paul's in Malmesbury and so are all the tenements of the Abbey." " Md it is ordered by the Court that Adam Archard shall bear the eighth part from time to time of the charge of Holloway's Bridge of the part next to the town of Malmesbury And that the Burgesses of the town of Malmesbury to discharge the residue. " The inhabitants of the parish of St. Paul in Malmesbury are taxed by the Court at 2s/6d." With equal alacrity did local authorities and private persons dis- claim any desire to be at the charge of these bridges. Trinity, 25th Elizabeth " The inhabitants of Keevil plead not guilty to an indictment for non-repair of the Queen's highway called the Lane and of the bridge called Baldnam Bridge." 88 Extracts from the Records of the So did the tithing of Tytherton Kelloways as to a bridge there ; so did South Newton, as to Burdensball bridge ; and so John and Edward Fauston as to Milbridge, Downton. The bold front maintained by Tytherton Kelloways, seems to have involved Langley Burrell in an unreasonable prosecution. Trinity, 26th Elizabeth " At this Sessions it is considered by the Court that the Inhabitants of the parish of Langley Burrell go quit and without day upon an indictment against them for Kelloways bridge for that such indictment is not sufficient in law to put them upon their defence." The bridge between Quidhampton Mill, and the Marsh, was at the last Quarter Sessions, held in Elizabeth's reign, the subject of a formal presentment by the grand jury, whose finding was as follows : — " The grand inquest for our Lady the Queen present within Court that the long bridge between Quidhampton Mill and the Marsh is too narrow by two feet, by reason whereof many of the lieges of the said Queen have fallen into the hole there to the great peril of the said lieges and to the common nuisance &c And that the inhabitants of Quidhampton ought to repair and amend the said bridge and have been wont so to do from time whereof the memory of man to the contrary exists not." Crane Bridge for a time went a begging for a custodian. Easter, 32nd Elizabeth : — " The Inhabitants of the Hundred of Branch and Dole plead not guilty to an indictment and presentation for the non-repair of Crane Bridge." Easter, 34th Elizabeth : — " The fine of Fisherton Anger for Crane Bridge is taxed at 10s." Other bridges fell to the lot of other places. Epiphany, 20th Elizabeth : — " The Tithing of Garsdon is taxed at 3s 4d for non repair of a bridge called Garsdon's Lane." Epiphany, 23rd Elizabeth : — " The fine of the Inhabitants of Manningf ord Brues and Newnton is taxed at 38 4d a piece And it is promised of both sides to amend the bridge for wch they are indyghted by midsomer next." Wiltshire Quarter Sessions. 89 Epiphany, 42nd Elizabeth : — ■ " Fyfield [which particular Fyfield is not disclosed] is fined 6s 8d for a bridge in decay." Easter, 42nd Elizabeth : — " It is ordered by the Justices that some of the inhabitants of the parishes and hundreds adjoining to the bridges called Milf ord bridge, Muttons bridge, Sfc Thomas's bridge, Crane bridge, Harnam bridge, and Burdensball bridge, shall be sent for to come before some of the Justices of the peace nearest dwelling there abouts to testify who ought or have used to repair the same bridges to the end that against the next Assizes [interlined instead of the word " Sessions " first written and then struck out] such order may be taken touching repairing of the same bridges as to justice shall appertain And that in the mean time all process upon any pre- sentments or indictments touching the same bridges shall be stayed." Easter, 44th Elizabeth : — " It is ordered at the Sessions that some of the inhabitants of North Bradley who have disbursed the sum of £40 : 9d about repairing of Eodebridge may repair to some of the justices of the peace within that division who will be pleased by precept or otherwise to call before them some such persons of every tithing within the foresaid hundred of Wherwelsdown and equally tax and assess every tithing of the said hundred to such equal rate as they shall think meet towards the pay- ment of the said sum of £40 and 9d and thereupon to make such rates for the levying of such taxation as to the said justices shall be thought fit according to the statute in that behalf ordained. By the Court." Burdensball Bridge rejected of South Newton, in 1600, was disclaimed by Wilton three years later. Epiphany, 45th Elizabeth : — " Whereas divers controversies have been had and moved for concerning the repairinge of a bridge betweene Wilton and Burdensball in this Countie of Wilts being the Queen's Highe leading from Sarum to Wilton And for that yt dothe not yett appeare what particular place or person ought to repaire the same and the said bridge lately .... was so ruinous and decaied that the Queene's liege people could not pass over the same without hurt to themselves or there goods and cattells. And whereas at the request of Giles Tooker Esq one of H.M. Justices .... the same bridge .... was repaired and amended by Walter Sharpe Maior of Wilton, J ohn Puxton gent, and Andre we Mathews It is therefore ordered .... That the doinge and repairinge thereof shall not bynde the said Maior Puxton and Mathews or any of them .... to repaire the same bridge or to contribute to the charge thereof more than any other inhabitant within the said Countie unles they were or shalbe therewith chargeable or ratable to the same per curiam." 90 Extracts from the Records of the XIV. — Dwellings of the Poor — Maintenance of Infants. The unemployed were, as has already been stated, liable to be set to work in a very unceremonious fashion, and the quest for employment must have been rendered doubly difficult by the rigorous laws then current concerning the dwellings of the poor. Among the many acts which could not be legally performed unless under a magisterial licence, was that of building- a cottage. Forty shillings per month was the penalty on any such unlicensed " habita- tion or dwelling, whereunto four aeres of ground shall not be assigned/' The statute regulating this matter was the u Act against the erecting and maintaining of cottages ; and that it was faith- fully observed in Wiltshire, the sessions minutes afford abundant testimony. Licences are mentioned as having been applied for and granted, in every part of the county. The consent of the lord of the manor or lord of the soil, was generally stipulated for. The assent of Edward, Earl of Hereford, is specified as a necessary condition for licenses to build at Ambrosbury, and in the Manor of Titcombe, (" ita quod dominus Hertford . . aggreaverit") , and the like of Doctor Bilson as to Durnford, (si accordabit). The Manors of Pewsey and Stert are only to be invaded with the sanction of their lords. And if behind the back of the justices a man succeeded in running up such a tenement, his adroitness availed him little. "If John Hicks of Maddington,-" so ran the order of the court at the last sessions of this reign, "will not assent to the pluckinge downe of the cotage lately erected by William Giles at Maddington aforesaid and remove the inmates by him placed and suffered to inhabit contrary to the statute " then the overseers were to increase proportionately their assessment on John Hicks to the relief of the poor. And that such pluckings down and removals were seriously proposed and at times sternly carried into execution, the following memorial, entered shortly after the judgment on John Hicks, sets beyond doubt. " Upon the humble peticion of George Browne and divers others inhabitants within the Pishe of Stert in the foresd Countie exhibited unto this Court thereby enf orminge that there is an order made by John Toppe gent and the Steward of Wiltshire Quarter Sessions 91 the Mannor of Stert at the Court Baron of the same Mannor that all under tents shall depte there houses with there families albeit as the saide Browne further shewed that as well he himself and the said other inhabitants being under tennts there have dwelt wthin the foresd pishe of Stert by the space of xxty yeres past and upwards and duringe all the saide term have behaved them selves well and honestly and ben of good behaviour all wch not wth standinge by reason of the foresd order made in the said Court Baron the saide poore peticonrs are day lye thretned to be turned out of there houses and like to lye in the streets as by the said peticon maye appeare Yt is ordered by the Court that the matter of the' saide peticon shall be referred to the consideracon of the Churehe wardens and ovrseers of the poore of the saide Pishe of Sterte to the intent that they mayo examine the truthe thereof and take such course therein as shalbe fitt^ or other- wise to certifie there opinions and doings therein at the next gene'all Sessions of the Peace to be held wthhin this Countie that thereupon the Court of Sessions may take such order therein as shall stande wth law and justice." p cur. There may have been a touch of bravado in this threat of the* steward's. Already, and upon this very subject, some little conflict of jurisdiction had arisen between the Court Baron and Court of Quarter Sessions, for at the Easter Sessions 44th Elizabeth, the- latter court had ordered : — " That the Lord of the Manor of Stert and the inhabitants of the same shall permit and suffer Anthony Swanborowe to inhabit and dwell in Stert aforesaid yf he procure and obtayne an house for his habitation and dwelling at a rent of any of the said inhabitants any order of the Court of the said Mannor- to the contrary notwithstanding e." But even this chivalrous intervention on Swanborowe's behalf is guarded by a careful proviso " that he shall not erect any newe cotage there contrary to the laws and statutes of this realm, &c/* The resolute opposition (of which the foregoing is an example) offered to the localization of any inhabitant likely to establish a claim on the rates, was equalled by the solicitude with which the tithing, parish, or hundred, sought to avoid any liablity for the sustenance and support of base-born children, and no pains were spared to trace the person rightly chargeable with the cost of their maintenance i when discovered, the erring parents were not infrequently treated with the favourite prescription of a flogging, and wherever it was possible an order was made on the father for the maintenance of the infant. The age of twelve years was that to which such orders were limited and the weekly payments vary from fourpence to a 92 Extracts from the Records of the shilling. In one case the magistrates out of sessions seem to have been over lenient : they neither appointed any set time during which their order was to run, nor did they prescribe any punishment for the breach of morality. But the court in an elaborate entry made good any short coming in either respect : in the matter of weekly payment they imposed the considerable allowance of twelve pence per week ; in the matter of punishment they ordered for these parents and for all such others a public whipping on market day. In another instance the hundred which had been at the charge of maintaining an infant, relieved itself by obtaining an order against a particular tithing, which it was ordained " shalbe taxed and rated by the yardland." XV.— Woods. Some other miscellaneous orders are worthy of notice. Among these was the preservation of woods in accordance with the Act of the 35th Hen. VIII., cap 17. The preamble of that Act described the King as " perceiving and right well knowing the great decay of timber and woods . . to be such, that unless speedy remedy in that behalf be provided there is great and manifest likeli- hood of scarcity and lack, as well of timber for building . . houses and ships, and also for fewel and firewood." The Act ordained, that in all coppices which " shall be felled at twenty-four years growing or under" there should be left for every acre of wood " twelve standils or starers of oak " : deficiency in oak was to be made good with elm, ash, asp, or beech. Woods over which there were rights of common of pasture were not to be cut till a fourth part had been divided off and enclosed, then the enclosed portion fell within the foregoing restrictions. If the Lord of the Manor and the Commoners did not agree on this division, two justices appointed at Quarter Sessions had power to act. Of such proceedings, the following order is an illustration. Epiphany, 44th Elizabeth : — " Yt is ordered by this Court that Sr James Mervyn Knight, Sr Walter Longe Knight, Jaspr Moore, Henry Willughby, and John Dauntesey Eqr* or any two of them shall at there speed and convenient leasure repaire to the wood ground called Lighe wood wthin the prishe of Westbury or to some place nere thereabout Wiltshire Quarter Sessions. 93 and call before them the borderers and comoners in the same wood and thereupon to sever devide and laye forthe suche fourthe part of the same wood to be enclosed sold and felled by the lords or owners of the sale of the same wood accordinge to the statute of xxxv H 8 and further to doe and execute such thinge and things as by the said Statute or otherwise they are auctorised to doe concrninge the prmises And of there doings therein shall certifie this Court at the next Genrall Sessions of the Peace." The following entry, of earlier date, may possibly have reference to the same statute. Epiphany, 21st Elizabeth : — " The Courte hath taken this order that all the grounds in Lydyard that have ben staked and markyd out by Fardinando Malyn William Garrerd and Adryan Fry shall remayne in state as now it is untyll the next assyses." XV I. — Restitution. Statutes of the reigns o£ Henry VI. and Henry VIII. had conferred on the magistracy certain summary powers of restitution affecting either land or chattels, which had been forcibly seized or wrongfully detained. The pages of the Elizabethan Minutes bear fre- quent entries of the issue of writs of restitution, and in one of these, Robert (Home) Bishop of Winchester, is involved, but whether as a litigant or a justice is not apparent. These entries are for the most part meagre enough, but in a few instances some narrative of the transaction is vouchsafed. One of these might well relate to the partial surrender of the farm house on a change of tenancy. Michaelmas, 27th Elizabeth : — " Md it is ordered by the Courte that the possession of the hall and the roomes within the Ferme house of Collingbourne now in question shalbe redely vered to Richard Money according as Mr. Willm Danny ell Esquire founde it." Michaelmas, 30th Elizabeth : — "At this Sessions restitution is granted by the Courte. And Mr. Hourde (Howard) a counseller at law with the .... [hiatus] .... that Mrs. Long shall have free egresse and regresse to bear and carry away her goods betwixt this and mydsomer next viz Corne and Hey. And her household stuffe within one moneth after this Sessions. And it is desyred by the said Courte that Mr. Michaell Earnley and Mr. Edward Hungerford Esquires be present at 94 Extracts from the Records of the the delyvery of the possession and restitution to assist the Shreife and to see the queene's maties peace to be well observed and kept in all things for the quyeting of both parties." Land at Potterne, and a barn at Corton, were on other occasions the subject of similar writs. Epiphany, 42nd Elizabeth : — " It is ordered by this Courte by the assent also of Mr, Lowe of Counsell with the said Henry Gawen that notwithstanding the writ of restitution now awarded for the delyverie of possession of the landes in question for the said Gawen That Joane Tucker widdowe shalbe at libertie to enter into the said landes and houlde the same as by former agreement she ought to have done And that as well touching the right of the said Joane Tucker and her well usage as alsoe touching the restoring of the said Henry Gawen and his servant to such goodes mony and apparell as have been taken from them by the saide Lucas and his conf edrates, the said Gawen shall stand to such good order as by Sr Willm Eyre Knight and John Earneley Esquire two of the next justices to that place shall think fitt and expedient in that behalf e." XVII. — Matters Imperial. Ecclesiastical Questions. Beacons. The Star Chamber. Monopoly. Purveyance. Turkish Captivity. Among matters of national concern the affairs of the Church shall have precedence. Michaelmas,, 20th Elizabeth : — Alice Gawen, of Alvedston, in contempt on a presentment that she went not to Church. Fined 5s. A severer visitation awaited other recusants. Trinity, 25th Elizabeth : — Bail given (the principal in £200 and the sureties in £100 each) for Richard Gable, of Whiteparish, for appearance at the next sessions, then to pay the sum of £80, which he had forfeited because he refused to go to Church, or then to deliver up his body to prison. A marginal note records the sequel, the accused appeared, and by order of the Justices of the assize, was committed to the Sheriff for safe keeping in gaol. Michaelmas, 44th Elizabeth :— The J urors of the hundred of Kinwardston, present three persons, Bridget Hungerford, John Beck, of Stock, and William Mullins, of Fosbury, as recusants. Easter, 19th Elizabeth : — Roger Barmystre, of Hyndon, gave bail that he would not in his house sell nor eat flesh, nor suffer to be sold or eaten on any fasting in the day or time called Lent. Wiltshire Quarter Sessions. 95 Thomas Westlond, of Eisherton Anger, innkeeper, entered into a similar undertaking. Trinity, 44th Elizabeth : — Thomas Hayes, of Great Sherston, innholder, was indie ted for cooking and selling veal in Lent.1 Michaelmas, 20th Elizabeth : — " Orders. It is now agreed That the Justices of the peace within every of their divisions shall use their best endeavours to see the contents of the letter satisfied concerning papists at such times as they shall thinck most meete for the best service to be donne therein. " It is further agreed that the said Justices of the peace within their severall divisions shall at such times as they shall thinck most fittest send for the Churchwardens of every parish and enquire of them whether there be any persons within their several parishes that doe without juste and lawfull cause refrain from comeing to the Church. And also what persons doe resorte unto their parishes That either do refrain e from comeinge to the Church or be either hyn- derers or contemners of the religion sett forth by her Maytie. And also whether they knowe any persons within their parishes to have any Masse Booke superal- tares or any such thing belonging to the masse and so take understanding of their names and thereuppon to send for the same persons by precept and so there- uppon to take such further order for the making of searches thereuppon as shall best satisfie the contents of the letters. " It also ordered that every Justice of the Peace within every of their divisions shall make certificate of their several doeings to the Shreif [of] the Countie before the Feast of Saint Andrew next whereby he may make certificate to her Maties counsell." Easter, 22nd Elizabeth :— " Md that Henry Moulton hath in open Sessions before her Maties Justices there given information against Mr. Christopher Dawling parson of Upton Lovell saieing that he hath preached Seditious Doctryn in the church of Heytesbury he hath maintained purgatorie falsefyed the Scriptures of God preached heresies and hath as mutch as in him lyeth made the Scriptures of God of none effect by me Harry Moulton." 1 This was an offence expressly forbidden by the 3rd Article " sette downe in the booke latlie sett forth by the Councill," as was mentioned in the Michaelmas Sessions, 1600. The following Note appeared in " Notes and Queries," for April, 1852, page 271, — " The meaning of Section 19, of the Statute of 5th Elizabeth, cap. 5, I apprehend to be this. The licence is only required for fish days, i.e.t the days on which the eating of flesh is prohibited. Then the effect of the section is that whilst without a licence, no flesh whatever is to be eaten on fish days, yet even with a licence the flesh to be eaten Jis h days must not at any time of the year be beef, and must not, between Michaelmas and May Day, be Veal." 96 Extracts from the Records of tlie At the Easter Sessions, 25th Elizabeth, heavy bail was required on the occasion of the discovery of papistical books : the entries treating of this matter have been partially erased and obliterated. William Dibbins of Charelton Musgrove, Somerset, is first named as the householder in whose dwelling the obnoxious volumes had been found. Other names are afterwards entered. Heavy bail was given by Dibbins (himself in £100 and two sureties in £50 each) for his future appearance; but whether this appearance was to be made at the next Sessions or at the next Assizes is left in doubt, in consequence of the erasures with which the page is disfigured. Lent Assizes, 21st Elizabeth : — " At this Assyses the graun de Jury Did exhibitt to the Courte their assent and consents in form following and thereunto suhscrybed their names lykewise in forme following videlicit. " May it please yor Lords that we are agreed and think very well of the rate of iij quarters of wheat praying of yor Lordships that an equall Sessing in all parts of the Shere as well as of parsonages impropriatt as also of all grainges and fermes in the hands of the worshipfull of the shere." Easter, 30th Elizabeth :— " Md That Thomas Baslyn doth say that his childe was well baptized by god- fathers and godmothers And was baptized at his dwelling house by Mr. Thomas Hickman a Minister being a may d childe about twelve monethes past And in the psence of divers other faithf ull person And that the said childe or any baptized myght be baptized wthout the Signe of the Crosse And of the said faithfull people one David Grove was one of the Company And further sayth that the parents are to name the childe and sayth that he offred Mr. Babyngton his childe to be baptized and he refused to baptize his childe And that Mr. Babbyngton his pastor woulde not baptize his childe according to Christe's institu- tion onlie and woulde not answer when he reseivyd the Communion of a long tyme And further sayeth that he lyveth onlie by the teaching of children and that his wiffe doth teach them in wryting and reading And further sayeth that his wiffe was not puryfied according to the accustomed order but that puryfieng of women is a Jewish cerymonie and that confirmacon of children is a tradicon of man as he thinketh." The patriotic tending of the Beacons has been already noticed in this Magazine. Here are further illustrations. Easter, 30th Elizabeth :— " Ordo. It is ordered at this Sessions by all the Justices of Peace That if any doe refuse to watche the beacons or other whatches in any place Or that doe refuse to pay and be contributors for prvision of armoure setting forth of Soldiers releif e of the poor and impotent people and concerning the taxacon for the Wiltshire Quarter Sessions. 97 gaole Then upon cornplainte made by any officer to any justice of peace of any of the prmisses it shalbe lawf ull for the same Justice unto whome such complaint is made to send for the party offender by warrant and to commit him to prison there to remayne untill he become conformable to the prmisses and every of them." Memorandum, about 1600 : — " Forasmuch as it appearith by oath that the hundred and Towne of War- mister and the hundred of Heytesbury, (the Burrow Excepted) have used to watch the Beacons It is therefore ordered that the said place shall watch accord- ing to their accustomed manner." Of the Star Chamber, a single trace only has been found in the Elizabethan minutes. At the Epiphany Sessions, 29th Elizabeth :— Lucy Long, wife of William Long, of Devizes, gentleman, John Trew, of Southbroom, gentleman, and Anthony Hort, of Devizes Green, yeo- man, were bound over in £50 each, to appear in the Star Chamber, before the Queen in council, at Westminster, in the octave of Saint Hilary next, to answer upon those things which were laid against them, and there not to return without leave of the Court. The same may be said of the grants of monopolies, dear to the heart of Elizabeth but strenuously resisted by her people. The Wiltshire Magistrates seem to have accommodated themselves to circumstances as they existed ; but it is to be observed that the qualifying words "and by the lawe" are inserted on both the occasions on which the authority of the Council is quoted ; the minute runs as follows : — Epiphany, 42nd Elizabeth : — " It is ordered by the Court upon the motion of Mr. Lawe being a Counsell for the said Francis Pope that an attachment shall forthwith be awarded out of this Countie against Eichard Cranmer, Francis Browne, Susan Hetcher, William Noyes Clarke, Eomsey, Trilcott, and Gough, to bring the said parties before some Justice of the peace within this Countie neare to the place of their aboades there to answer their contempts for making selling or uttering of Stearche Contrary to the true meaning of Her Maties lers patent granted to Sr J ohn Packington Knight bearing date the xxth day of Maye in the xlth yere of Her Maties raigne. And the said justice to inflict such punishment upon the offenders as by the Councell's lers bearing date the xxiiiith day of November last past and shewn forth here m Court (as by the lawe is required.) And further by all possible means to exame the validitie of a lycence heretofore granted by the said Francis Pope to the said Richard Cranmer. And if the same shalbe founde voyde Then to inflict such punishm* as by the said lers patent and Councell's warrant and by the lawe is warranted and required." VOL. XXI. — NO. LXI, H 98 Extracts from the Records of the Nor does Purveyance, familiar and long-standing cause of conten- tion between soverign and subject, seem to have roused in Wiltshire the resentment which it excited further west, Epiphany, 20th Elizabeth : — " Md that at this Generall Sessions of the peace I was coniandyd to enroll this Agremt hereafter following vidlt. " Be it known to all men by these presents that we whose names are hereafter ptycularly expressed have requested and authoryssed And by these prsents Do graunte and agree that the right Hon'able Henry Earle of Pembroke Sir John Thynne Knight Sir John Dan vers Knight and Sir Henry Knevet Knight or thre of them shall or may deale confer and conclude with the officers of Her Majesty's most Hon'able Household for and in the behalf of all her Majesty's subjects within this County of Wilteshr for her Majesty's better service for such provision as hath byn heretofore usyd to be taken and provided within this County of Wilteshr for and towards the provision of Her Majesty's Household And what- soever the said Earle of Pembroke Sir John Thynne Sir John Danvers and Sir Henry Knevet or thre of them shall do or agre upon for or concerning the premisses or eny pte thereof We the prsones whose names are hereunto subscrybed shall and will at all times hereafter for and in the behalf of all her majesty's said sub- jects within this County of Wiltes ratify avow and allow to be of as full force and effect as if orselves hadd done the same In wytnes whereof we the said p'sones hereunder wryted have subscrybed or names. Gevyn the xth day of January in the xxth yere of our Soveraign Lady Elizabeth by the grace of God Quene of Ingland Fraunce and Ireland Defender of the fayth &c At the Michaelmas Sessions, 1601, the Court heard that " Some controversies are lately growen and risen amonge the inhabitants of Xren Malford .... for and concerninge the rates for pro- vision of Her Maties household and other paiements and somes wherewith the said inhabitants are chargeable " but the discontent seems to have been with inequality of apportionment rather than with quantity of taxation, and the matter was referred by the justices (among whom is named with some circumstance "The Right Honourable Sir John Popham, Knight, Lord Chief Justice of Eng- land, and of Her Highnes most Honourable Privie Counselled) to Sir Edward Hungerford, Knight, and William Bayliffe, Esq. But another and more distant sovereign made calls on the English ratepayer : the " unspeakable Turk " made himself felt even among the sequestered hamlets of Salisbury Plain. John Zouch James Mervyn Nicholas S1 John Walter Hungerford George Penruddocke Gyles Estcourt." Wiltshire Quarter Sessions. 99 Easter, 2]st Elizabeth :— " It is further ordered that in answer to the Counsell's letters concerning the captives taken in Turkey * that the Justices of Peace within every division shall delyver unto the constables of every hundred the copies of the letters to them in that behalf directed who shall thereupon charge the said Constables to move the Churchwardens Also to deal with the parsons or mynisters of every parishe to move them to further this charitable matter, and to require them to make the colleccons so farforthe as men shalbe disposed accordinglie And to answer the sommes of money collected to any justice of peace within every devision which justice of peace shall make delivery thereof to the Shrief betweene this and Michaelmas next." XVIII — Transactions of a Single Sessions. The foregoing pages have afforded illustrations of the multifarious matters which needed for their due conduct some action by the court of Quarter Sessions : it may be useful to recount seriatim the trans- actions which occupied the attention of the court at some single sessions ; and the last which was held in Queen Elizabeth's reign may very well serve as the example. The court then assembled at Salisbury, on the Tuesday after the Feast of the Epiphany, 1603, and the four following days: the Justices present were Henry Bishop, of Salisbury, Sir James Mervyn and Sir Edward Ludlow, Knights, William Tooker, " sacrse theologise doctor," Edward Penruddocke, Henry Sadler, Jasper Moore, Henry Smyth, Henry Willoughby, John Dauntsey, Alexander Tutt, John Ernley, Edward Estcourt, Henry Martin, James Ley, Edward Lambert, Walter Vaughan, Giles Tooker, and William Blacker, Esquires. The matters dealt with by them occupy forty -two small folio pages, and are recorded as follows : — Recognizances taken in court at the last sessions (Be Uecogn ad ult in cur capt) . These were twelve in number. In one case the principal gives bail in 100 marks and his two sureties in £50 each. But the general measure of bail was £40 for the principal and £20 * The humourous reader will have already amused himself with some pleasantry about Turkish Bonds (Mr. Hamilton's joke). Tn such matters the seafaring population of Devonshire had a keener interest than the land-locked Wiltshireman ; the Devonshire records contain entries far more detailed and interesting than the above. H % 100 Extracts from the Records of the each for two sureties, the condition in each case had been for appear- ance at this Epiphany Sessions and for good behaviour in the meantime, in two instances the persons are named towards whom the peace was to be kept. Then follow the recognizances forty-eight in number, taken by Justices out of sessions. {Be Recogn p justic ad ist crtificat.) The £40 and £20 penalties here again find favour, though £20 and £10 have the preference. In one case the penalty is 100 shillings. The names of the certifying justices are always recorded, and the result is noted above the entry. Here and there a default is noted, but the almost invariable appearance of the person bound, is strong proof of the efficacy of the recognizances for the purpose for which they were imposed. The particular purpose of each recognizance and the action of the court thereon, is indicated in the briefest terms only. Appearance and discharge (" Comp and Exo ") was the general happy result, and sometimes the reader is referred to the Sessions Rolls, (" et uW ut pt in bundello,") for the further history of the case. Yet a third group of recognizances remains to be mentioned, viz., those, seventy in number, which were entered into at this quarter sessions for appearance at the next. But even so the weary tale of bail-giving and suretyship does not draw to a close until the next set of orders has been disposed of, this was the grant of seven licences for keeping common Taverns, in each of which cases bail for " good rule " was required as a con- dition of the application. Next follows the real criminal business of the court, the delivery of the gaol and the indictments at this sessions. Capital sentences were passed upon two persons convicted of highway robbery at Winterborne Gunner, but as to one of them, convicted on his own confession, there was respite after judgment. Another trial for highway robbery at Milford, ended in an acquittal, and the only charge of burglary became reduced to one of larceny, for which the favourite sentence of whipping was passed. In three other instances a like offence met with a like punishment. In a fourth there was the happier issue of pardon and discharge; while in a Wiltshire Quarter Sessions. 101 fifth the accused claimed benefit of clergy.1 " Po: se — cul: — ca: nul— pet: lib*, trad: ord. — leg: et uritr." is the matter-of-faet entry by which the clerk of the peace places on record that the accused put himself upon his country, that the jury found him guilty, that no cause was alleged in arrest of judgment, that the convict claimed the privilege of being delivered to the ordinary, that the recognized test for such a claim was applied to him, that he read as a clerk, and was dismissed with branding. Then follow a variety of miscellaneous offences. A person charged with stealing wool is described as still at large, and his arrest is ordered by the next sessions, pending which operation an alleged accessory is to remain in gaol. Indictments are found for erecting a cottage at Maddington ; for taking lodgers at that place, and at Codford; for assault and affray, (two cases), and for assault and rescue; for riot, for forcible entry, for extortion, (three separate charges) ; for keeping a tavern without a licence, (six cases from Downton, and one from Whiteparish) ; for non-compliance with the " Act for reliefe of ye poore," then recently passed ; for the decay of Millbridge Downton, and for the obstruction of a highway at Wilton; and the calendar is brought to a conclusion by seventy-two charges against clothiers for defects whether of measure or of weight, in their " broad-listed " or " narrow-listed whites." The Indictments are followed by the Presentments, and the clothiers who formed the rear of the last detachment, are now in the van. The presentments open with twenty-seven findings against the clothiers, for each of whom a pressing invitation to the next Quarter Sessions was issued in the shape of a writ of venire facias. The weavers, received their share of attention and such irregular- ities as keeping a loom, pursuing the craft of weaving not having been thereto apprenticed, keeping a journeyman or an apprentice, came duly under notice. The misdoings of the clothiers were no doubt brought before the court by the statutory supervisors. The weavers were presented by the grand jury upon information laid before them : the grand jury made presentments also against other 1 See Appendix, part iii. 102 Extracts from the Records of the offenders, for encouraging gaming, for unlicensed taverns, for regrat- ing butter and cheese, for obstructing one highway, and for failing to repair another : and they " found 13 Quidhampton Long-bridge to be dangerously narrow. Nor were the hundred juries behind-hand with presentments as to highways and taverns. Next in order after the Presentments come the Appearances. The first of these is by attorney, a concession which is expressly stated to be by the favour of the court ; next a technical quibble 1 suffices to quash an indictment. Then the inhabitants of Broad Chalke and of Porton (their attornies, too, being heard by special favour), obtained an adjournment of the presentments (whatever they were) against them till next court, and after these, .eight other defendants appear, three of them by attorney. Robert Holmes seems to have been the favourite attorney, his name appears five times, that of Michael Titcombe once. After the presentments come the Writs and Processes, (five in number and all for personal arrest), and after the writs, the Orders. These orders deal with a variety of subjects, the practice and pro* cedure of the court is regulated ; affiliation orders are made ; relief is administered under the Poor Law, in one instance overseers are bidden to provide a habitation for a houseless couple, " one this side 1 The highly technical plea upon which the accused escaped is not without interest, and may as well be recounted in full ; the minute runs as follows. Epiphany, 1603 :— " William Chapman of Leigh within the parish of Westbury in the County aforesaid in his own proper person appears to an idictment against him, at the suit of our Lady the Queen prosecuted at the General Sessions of the Peace of the County aforesaid held at Marlborough on Thursday next after the Feast of Saint Michael the Archangel last past And prays a hearing of that indictment And the same is read to him Which having been read and heard He says that he contends that our said Lady the Queen neither would nor ought further to impeach or wrongfully charge (im- petere seu occasionare) the same William forasmuch as he says that the indictment aforesaid is insufficent in law for compelling the same William to his answer by the law of the land and that no process ought by the law of the land to taken against him upon that indictment By reason that is to say that in the said indictment it is alleged that the said William on the first day of January in the year &c the forty -forth and on many other days together after the said first day of January ** per spatium nonnarum mensium extunc proxime sequentium " that is to say &c the said art &c used and exercised Which word " nonnarum " indeed is bad Latin and has no certain meaning but ought to be *' novem " And for the insufficiency of the same he prays judgment And that he con- cerning the premises may be hence discharged by the Court &c Upon which things seen and by the Court were understood of all and singular the premisses forasmuch it seems to the Court here that the indictment aforesaid is insufficient in law as the aforesaid William in his discharge concern- ing the premisses last aforesaid in his pleadings has alleged It is considered by the Conrt that the aforesaid William go hence without day &c." Wiltshire Quarter Sessions. 103 Easter next ; 93 disputes are referred to justices out of sessions ; the appointment of a tythingman, and the swearing-in of a hundred con- stable are commanded. Pensions are granted to maimed soldiers, and provisional arrangement is made for the repair of a bridge dis- claimed by everybody. After the orders, are to be found the elections of the constables of the Hundreds of Alderbury, Amesbury, Branch and Dole, Damer- ham South, and Underditch. The work of the sessions closes with a humane order for enquiry into an apparently genuine grievance laid before the court by the tenants of the Manor of Stert, who as set forth at page 90, were threatened with expulsion from their homes in a somewhat summary fashion. XIX. — References to Justices out of Sessions. But the favourite method of dealing with controverted non- criminal matters was to refer them for decision to two or more of the local justices living within reach of the disputants. How nice or how rough was the justice which these neighbouring arbitrators administered there is nothing to show for certain. From the con- sistent adoption however, year after year of this same mode of adjusting differences there is every reason to suppose that in the main it gave satisfaction alike to the suitors and to the court. The action of the referees does not seem to have been limited within hard and fast limits. The court with a seeming disposition to be quit of the affair if possible, is repeatedly urging them " to end the cause if they can." A few cases may be cited. Epiphany, 19th Elizabeth : — " Md that by commandment of Sir James Mervyn Knight I am to signifye hereafter that Christpr Frowde hathe chosen him the sayd Sir James to be his Arbitrator between Frowde aforesaid and J ohn Batten And that further each of the said Batten and Frowde shall be bound to stand to the Award of the sayd Sir James and of such other as the sayd Batten shall name And that if the Award be not fyneshed by the ed of the genrall Sessions of the peace to be holden next at Warmr (then they to be at large) and that Batten have one other sufficient surety e to be bounde with him for performance of the Award on his part." 104 Extracts from the 'Records of the Assizes, New Sarum, 26th February, 20th Elizabeth : — " Md to stay process against Arthur Redfern and others now at this Assizes indighted because they have putt their cause in * compromise to Mr. Stephens and Mr. Edward Waldron. Michaelmas Sessions, 20th Elizabeth : — " Order is taken that Parett shall comytt the matter between Strugnall and him in * compromise and shall not troble the Court in the meane time — by the suretye of Mr. Mychell of Sarum." But any such composition needed the approval of the court. Mark Farland of Salisbury, was indicted for compounding with one Henry Hillard upon a penal statute before answer made. Epiphany, 44th Elizabeth : — " Yt is ordered by this Courte that Edward Estcourte and Giles Tooker Esq8 . . . . shall call before them or either of them William Trendall and John Trendall and examine the matter of Johan Hayter Spinster against the saide William Trendall and they or either of them shall consider whether the saide William Trendall hath receyved the saide John Hayter's stocke into his hands or not or whether he did agree and promise to finde the saide Johan Hayter duringe her life in considercon of the said stocke or not And whether the same stocke be still detayned and the saide Johan Hayter put from the saide William Trendall or not and to end that cause yf they can or otherwise .... to binde the saide William Trendall and John Trendall to appear at the next sessions . . • . that the Court maye ende the same matter according to right and equitie." Epiphany, 44th Elizabeth : — " Yt is ordered .... that the matter conteyned in the peticon of the Inhabitants of the Tithinge of Awston in the hundred of Broad Chalke .... remayinge in the file of this Sessions be referred to the hearinge and examination of Sir James Mervyn Knight Henry Willoughby and Walter Yaughan Esqs Justices .... and they to report their opinion therein before the Feast of Easter next unto the Eight Eeverend Father in God Henry Bishop of Sarum and he to certifie the same together with his owne opinion of the matter . . . • unto the next Generale Sessions." Epiphany, 44th Elizabeth : — "All manner rates taxes and charges taxable upon the_ inhabitants of the hundred of Underditche referred to the hearing and consideracon of the L. Bishop of Sarum .... and six others." * The word compromise here retains its primary meaning of an agreement for reference to arbi- tration, not an arrangement brought about by mutual concessions. Wiltshire Quarter Sessions. 105 XX. — Criminal Jurisdiction. The principles which limited the jurisdiction of the Court of Quarter Sessions in the trial of criminals exhibit no analogy to the distinctions recognized at the present day. The penalty of death is again and again imposed (to the number of seven capital sentences, one on a woman, at a single sessions), and "peine forte et dure " is adjudged. An unusually long entry is devoted to the case of an outlaw who was charged with stealing a gelding : he pleaded a previous acquittal on this selfsame accusation, but failed to support his plea with any sufficient evidence, wherefore it is com- manded to the Sheriff " quod suspendatur." Highway robbery was generally visited with hanging and in one instance of murder the sentence is that the convict be hanged in chains near the place of the crime. In some cases execution was respited by warrant of the Lord Chief J ustice. Burglary is dealt with, and the graver as well as the lighter degrees of larceny. Whipping is unsparingly dealt out, and the pillory had its victims for minor offences. These sentences to the pillory are stated with a*pitiless particularity. For three charges of cosenage an offender from Holt is thus treated: — " Wherefore lie has judgment of the pillory with both his ears fastened to the same until he thence have torn them (dilaceravit). And afterwards to be com- mitted to gaol there to remain for three months without bail for each offence." For the fabrication, writing and completion (confeclio, not the publication, of which another prisoner was found guilty), of scandalous libels, a native of Devizes was fined £10 : — " And to stand on the pillory in the Borough of Devizes on the next market day there to be held, for the space of one hour at the time of market there, with his right hand in the pillory aforesaid with a paper set over his head on which paper shall be written in English these words following that is to say (for con- trivinge of slaunderous libells,) and to be imprisoned until the fine aforesaid be paid and afterwards until he find sureties for his appearance at the next Sessions and for his good behaviour in the meantime." Robert Jeffrey of Wootten Bassett, had to pose in the same attitude for two hours, in Marlborough, with a fine of 20s, His misconduct took the by no means uncommon form of assault and affray, but he was injudicious in his selection of time and place. 106 Extracts from the Records of the And if a man will cudgel his neighbour during the hours of the sessions and in the eye of the court, he cannot complain that the assembly should vindicate its dignity by an exemplary sentence. Jeffrey's ears were left unmolested, and he seems to have been spared the additional ignominy of an explanatory placard. Nor were verbal affronts tamely accepted by the court. A writ of good behaviour issued at Michaelmas, 1598, against John Ball, of Burbage, " for sayeng the justices used noe indifferent dealing towards one Thompson and Hunt,'"' and at the Michaelmas Sessions, held at Marlborough, on the 30th September, 1600 : — " Mathewe Meryet came into the Conrte and there openly did depose that he never heard Mr. Richard Burleigh say that bandes of the peace sholde not serve Mr. Ambrose Button's turne but that he would be revenged on him nor anie wordes to the like purpose or effect as Thomas Myles upon his oath before the L Cheife Justice in this Courte did depose But further sayeth that Mr. Ambrose Button did aske this deponent whether Mr. Burleigh had spoken anie such wordes wch he this deponent utterlie denyed." The pillory would have been a fitting punishment enough for extortion ; but so far as the minutes under consideration relate to that offence it escaped any such severe retribution. Conclusive proof of it was perhaps not easily obtained. In one case the only note is the usual bail to appear on a future day, in another the accused protested his innocence, yet threw himself on the mercy of the court and paid a fine of 20s. ; in a third, the indictment was quashed for some informality which does not appear. Of witchcraft one curt entry alone appears, viz., for bewitching a cow, (pro incantatione vaccce) the ultimate fate of the accused is not disclosed. Another judgment of the court seems to relate to some encroach- ment on the highway. Easter, 20th Elizabeth " It is ordered at this Court that Willm Peter gent shall pull up the hedg wch he hath made as it is specified in an indightment remayning of Record betwixt this and the first day of the next terme." In the following case nothing further is to be obtained beyond the statement of the charge. Wiltshire Quarter Sessions, 107 Epiphany, 42nd Elizabeth : — Robert Stevens of Highworth, bound over to appear at next sessions "for marrying a yonge boye to his daughter : " save that the clerk of the peace notes in the margin that he is " to remember the courte of his abuse in arresting Wilkins in Sarum, at the last Sessions." XXI. — Practice and Procedure* Not the least interesting (though among the worst written) passages on the pages of the minute books, are those which have to do with the practice and procedure of the court. The following relate to the functions of and regulations- for the grand and petty jury. Michaelmas, 18th Elizabeth : — " Md that by the order of Court at this general Sessions all these hereafter mencoed being retornid by the Sherief in the Grande jury shall be amerced at xxs a pece." Four names follow. Easter, 18th Elizabeth : — * " It is orderyd at this Court that if eny person or persons shall at eny time hereafter prefer eny Bill of Indictment to the Court unles they be bills of felony that the ptie that prosecuteth or pties that shall prosecute or prefer the same Bills or Bill shall gyve his or their name or names to the Clerk of the Peace of this Shire before the Graunde Jury be charged at eny genall Sessions of the Peace hereafter to be holden within this County or else his or their bill shall not be resievyd unles some good matter shall appear to the Courte to the contrary." Trinity, 19th Elizabeth : — Process ordered against Matthew Webb of Kings Wall, " by the credible reporte of Mr. Spearer forman of the Graunde Jury." Epiphany, 22nd Elizabeth : — " That the travers for Stanten shall procede at Warmyster And if the jury doe not appear then Mr. Hill hath promised to crave a decern tales for the Quene de circumstantibus." Easter, 22nd Elizabeth : — " It is orderyed at this Courte that if eny bill be prferyd against eny p'son for a coe (common) barrator that the said byll shall not be resevid unles there be open evidence in Courte gyven to the said bill." * Already noticed by Mr. Ravenbill at vol. xviii., p, 155. 108 Extracts from the Records of the Easter, 44th Elizabeth :— " Fine of Robert Sutton of Devizes one of the jurors to enquire for our Lady the Queen within the Borough aforesaid for that he disclosed the finding of him- self and the rest of the jurors of the Borough aforesaid out of Court and before they delivered their verdict t® the Court of our Lady the Queen here." The fine, one of five shillings only, was forthwith paid. Perhaps William Morrys, in the subjoined, may have been sum- moned on the jury. Michaelmas, 17th Elizabeth : — " The cause is for that the said parties did arrest William Morrys in the Towne of Marlbrough surmising an action of debt against him for that he presented the peace against the said Anthony Farmer there being the present time of the Sessions and coming thither in the Queen's service." The relations of the court with the Sheriff receive illustration in the following. Michaelmas, 19th Elizabeth : — " Md gave the Shrefe a prcept for sums 0f the Sessn at Sarra next with one venir for Chevers and xiiij pises." Trinity, 21st Elizabeth :— " Md dld to Thomas Morrice baliffe arr' [ballivus errans\ to Mr. Shreife the xxvtb of July A0 suprdcto xxu writs wth the pcept of sumoning the Sessn — a venire upon a travers — and one exigent for felony against John Curteis als Sewen and others &c." "Md dd to Anthony Baker bayliffe arr' to Mr. Shreife the iiijth of SeptemV A0 suprd ij° venire for travers — one for Mr. Chaddnton and others and one for Haynes — one cap' for felony against Cowpr and others and ij° other wrytes." Epiphany, 22nd Elizabeth " Delivered to the Shriefs man Stevens the xxjth of February Anno Supradicto vj writs besides the precept." " Md I delyvred a note upon my Kalender to the gaoler that William Clifford of Overton sholde not be discharged out of the gaole before he had given securitie for the good behaveor and to appeare at the next Sessions." Then the clerk of the peace exhibits an intelligible solicitude on the subject of his fees. At the Epiphany Sessions, 18th Elizabeth, he writes : — " Md that thes Farmers have paid but iijs towards their hole fees." Wiltshire Quarter Sessions. 109 Epiphany, 20th Elizabeth " Md delivered to William Staples servant the second of February 1577 one Record of the Assizes holden at Sarum in Anno 15° Elizabeths Reginoe and the Record of the Assizes in Anno 16° Elizabethse Reginse ; and also copy of one indictment wherein one Thomas Hold way is indicted, with a certiorari to certify the same the fees whereof are unpaid." Trinity, 20th Elizabeth :— " Md that Robt Gawen dothe ow me for my fees iiij.s vjc?." Epiphany, 2 1st Elizabeth : — " Md the fees for the recognizance is unpaid : comit ad gaol." But encouraging incidents relieved these gloomy experiences : os the same page with the last entry stands another to the effect that " John Townsend is releasyd of the peace and paid his fees.33 It must have been the clerk of the peace's clerk who penned the following : — " Md that I putt my Mr. in remembrance at the next Assiss that process be made against all such as weere presented at Hyndon for selling ale without licence." And the next, in which his zeal for his employer's purse grew impatient of court Latinity, and betook itself to the vernacular. Trinity, 21st Elizabeth :— " Finis Petri Powlden Willmi Smyth et Johs Busslopp taxatur per curiam cujuslibet eorum iijs iiijc? — the same was paied by my Mr. for ye Justices diet and the said parties promised to pay it againe at my Mr's. coming whome." Among the miscellaneous offences not before specified, were charges for killing pigeons with a net; for permitting escapes from prison, (Fisherton) or from custody ; for buying corn in the field : for sleeping by day and watching at night, &c, &c. On some accusations, possibly political, of which the particulars are lost with the great rolls, very heavy bail was on one occasion demanded, being no less than £400 from the principle and £200 from each of two sureties. At the same sessions viz., Epiphany, 29th Elizabeth : — " The Mayor and the Constable of the Burgesses of Marlborough at the mercy of the Court in the sum of £20 by the judgment of the Court because they have 110 Extracts from the Records of the not made a sufficient return to and execution of our Lady the Queen's Writ as appears by the record." XXII. — Minor Transactions. — Notes of Assizes. Bat if, on the one hand, the Court of Quarter Sessions exercised a practically unlimited criminal jurisdiction and also performed a variety of other important functions not immediately connected with crime, yet on the other, the court discharged numerous minor duties which at the present day are undertaken either at the Court of Summary Jurisdiction, or by a justice sitting1 alone. In the reign of Queen Elizabeth as in the early years of the reign of Queen Victoria, every petty theft had to be submitted to a jury. It was also in full court that accused persons were committed to the next sessions or assizes as the case might be, and prosecutors and witnesses were bound over to appear and give evidence. The county boundary does not seem to have been an inviolable barrier, for on more than one occasion the court binds over a witness to the assizes at Winchester. The notices of the Assizes appearing in the Elizabethan minutes do not present any features of interest, with the single exception of the minute, entered at p. 96, supra. In the rest, the entries concerning them are of no interest whatever : the following is a list of the Assizes noticed in the minutes : — Date. Before whom held. 22nd March, 1575, No names. 30th August, 1576, No names. 3rd March, 1576, No names. 26th February, 1577, Chief Baron Jeffreys, and Serjeant Anderson. 12th March, 1578, Chief Baron Man wood, and Serjeant Anderson. 24th August, 1579, Chief Baron Manwood, and Serjeant Anderson. 30th June, 1 580, Chief Baron Manwood, and Serjeant Anderson. 20th August, 1584, Chief Baron Manwood, Mr. Justice Perryam. 19th August, 1585, No names. Of these all were held at Salisbury, save that of the 24th August, 1579, which was held at Amesbury. WiltsMre Quarter Sessions. Ill APPENDIX. I. Names of Justices acting at the Quarter Sessions, as entered on the minute books. Henry Earl o£ Pembroke, Edward Earl of Hertford, Henry, (Cotton) Bishop of Salisbury, [John, (Piers) Bishop of Salisbury, is named as having acted as a Justice out of sessions,] John Lord Stourton, George Lord Audley, Sir John Popham Chief Justice of The Common Pleas, William Tooker, S.T.D. Knights. Sir Matthew Arrundell, Sir Anthony Ashley, Sir Edward Baynton, Sir Henry Baynton, Sir John Danvers, Sir William Eyre, Sir Edward Hungerford, Sir John Hungerford Sir Walter Hungerford, Sir Henry Knyvett, Sir Walter Long, Sir Edmund Ludlow, Sir James Mervyn, Sir John Mervyn, Sir George Penruddock, Sir Francis Popham, Sir Henry Sherrington, Sir John Thynne, Sir Giles Wroughton, Sir Thomas Wroughton, Sir John Zouch. Esquires. William Baylief, Edward Baynard, Henry Baynton, William Blacker, William Brouncker, William Button, Henry Clifford, William Daniell, John Dauntesey, John Davis, Christopher Doding- ton, John Earnley, Edward Estcourt, Giles Estcourt, John Eyre, William Eyre, William Grove, Bartholomew Horsey, Edward Hungerford, Walter Hungerford, William Hussey, William Jordan, Edmund Lambert, James Ley, Walter Long, Edward Ludlow, Henry Martyn, Anthony Myldmay, Thomas Mompesson, Jasper Moore, Edward Penruddock, J ohn Penruddock, Robert Penruddock, Henry Poole, Carey Rawley, Edward Bead, William Reade, < Rowles, Henry Sadler, Nicholas St. John, Henry Sherrington, Henry Smith, John Snell, Thomas Snell, Giles Thistlewaite, John Thynne, Giles Tooker, Alexander Tutt, Walter Vaughan, Thomas Walton, John Warneford, Henry Willoughbye, John Willoughbye, Thomas Wroughton, Francis Zouch. 112 Extracts from the liecords of the II. Place-Names. This list does not pretend to be exhaustive : it may have some interest as affording illustrations of sixteenth century pronunciation. Abury, Avebury. Alborne, Alborne Chase. Alderberie, Aldebury, Alderbury and Grynstide. Alderton, Aldrington. Allington. Alton. Alston, Alvedston, Awston. Ambesbury, Ambrosbury, Am- brosebury, Amesbury, Amsbury, Amsbury Erldone and Priorye, Amysbery, Amysbury. Ashlington. Ashton Gifford. Asheton Keynes, Ashton Keynes, Ashton Kaynes. Asserton. Axford. Backhampton. Badbery, Badbury. Barford, Barford Sti Martin, Bar- ford St. Marty n. Barlie Grafton, Barly Grafton. Barwick Basset. Barwick Sti Jacobi, Barwycke S. James. Barwick St. John, Barwick Sti J ohis. Barwick Sti Leonardi. Bathampton, Battington, also Great Bathampton. Baverstocke. Baydon. Bedson, Biddestone, Bydson. Bechingstoke,Beechingstoke. Bedwin, Bedwyn, Bed win Magna. Bemerton, Bymerton. Benfield. Bishopeston, Bishopston. Bushopstrowe, Byshopestrow. Blackland, Blacklond. Blonsdon, Blunsdon. Boram, Boram alias Burton. Bowdon. Box, Boxe. Bradford. Bratton. Bradley, Bradly. Bramshawe. Bremble. Brinkworthe, Brinck worth. Broad Chalke, Broad Chalk, BrodeChalke,BroadChaulk, Broad Chaulke. Broad Somerford, Broade Somerford, also Great Somerford. Brockenborough, Broken- borough, Broukenborow. Brodhenton. Bromham, Bromeham. Wiltshire Quarter Sessions. 113 Brooke (Westbury). Chesenbury. Broughton. [kynton. Chicklat, Chicklad. Buckington, Bulkington, Bul- Chilmark, Chilmarke. Bugley. Chilton, Chilton Folliat, Burchenwood. Chilton Follyat. Burbadge, Burbage, Burbidge. Chirrell, Chirvel. Burcombe. Chirton. [ton. Burdropp. Chiselden, Chyselden, Chyse- Burtford [Britford]. Chiltern. Burton hill (Tithing). Chittow. Bushton. Christen Malverd, Curst By nail, Byncknoll, Byncknowle, Mavord, Xren Malford. Bynoll. Clack. Oadley (Potterne). Claringdon. Cadnam. Clatford. Calcott. Cleve-peper, Clive-piper. Calne. Clinche. Canings, Cannings, Canyngs, Coate (Bishops Cannings). Cannings Epi., also By shops Cockelborowe. Cannings. Codford, Codford Mary. Castell Combe, Castell Combe, Colebarwick. Castel Comb. Collarn, Collarne, Collern, Cast el Eaton, Caslte Eton. Cullern, Cullerne. Calston, Cawlston, Cawston. Collingborne, Collingborne Chadderton, Chadenton, Chad- Ducis. dington. Collingborne Kingston, Col- Chaulke. lingborne Regis. Chappemanslade. Chapmanslade, Collingborne Sutton, Colling- Chapnhamslade, Chepmanslade, borne Vallance. Cheppymslade. Combe. Charlton, Charlton Musgrove. Comerford [Quemerford] . Charnam Street, Charnham Streat. Compton, Compton Basset. Chawfield West. Compton Chamberlaine, Chel worth, (Cricklade) . Compton Chamberlayn, Cheppenham, Chippenham. Compton Chamberlayne.» Chesbury, Chysbury. Compton Chamberlen. VOL. XXI.— NO. LXI. i 114 Extracts from the Records of the Conk. Eastmanstreat (Tithing). Corsham, Cosliam, Cossam. Easton. • Corsley, Corsly, Corslye. Eastropp. Corston. Eaton Keynes. Corton. Ebesborne, Ebesborne Wake, Gotemarshe. Eblesborne Wake. Coulston. Eddington, Edington. Cricklad, Oricklade, Crycklad. Enford. Croften, Crofton (Gt. Bedwin). Escott. Crockerton, Crokerdon. Everleigh. Crudwell. Evesbury (? same as Avebury) . Damerham, Damerham South. Fackham. Dauntesey, Dauntsey. Farleigh Hill. Farley. Detford. Fernham. Deverell Lanffbridge. Deverell Fidleton, Fitleton, Fittleton, Longbridge. Fiddle ton et Hackston, Devizes, Devizez. Fyttleton. Dinton, Dynton. Fifeilde (Enford), Fifelde, Fif- Dornford, Durnford. helde, Fyfeeld, Fyfeild, Downe Pewsey. Fyfeilde, Fyfeld, Fyfelde, Downton. Fyffhed. Draycott.Drevcot, Drevcott.Drav- Fissherton Anger, Fysherton cott Follyat, Dreycott Follyat. Anger. Dunhead, Dunned, Dunhedd, Dun- Fonthill Gifford, Foontell hed Mary. Gifford, Fonntell Gifford, Durinfrton, Durrinerton. Fountell Gyford, Founthill Dychampton. Gifford. Earlestoke, Erlestook. Forde. Easterton. Fovent. East Grafton. Foxley, Foxly. East Grimsted, Est Grimsted, Froxfeild. East Grymsted. Fyeldean, Fyheldeane. East Harnam, Eastharnham. Fysherton Delamer, Fysserton East Knoyle. Dalamer. East Kynnet. Garsdon, Garston. East Lavington. Garsters (parish). Wiltshire Quarter Sessions. 115 Goatacre, Goataicker, Goateaker. Horton. Gombledon, Gombleton, Gomel- Huishe. don, Hullavington. Gomerwell. Hungerford. Grafton. Hungerford Farley, Hunger- Gretenham, Gretnam. fordes Farleighe. Gretleton. Hurcot, Hurcott, Hurcutt. Grondwell Hyndon. Grove. [Grymsted. Idmeston. Grimsted, Grimstede, Grumsted, Imber. Ham. Inglesham. Hankerton. Itchelhampton. Hanging Langford. Jacobi Ugford, St. James Hanging Stoke. Ugford. Hankeridge (Westbury). Kemble, Kembell. Hatch, alias Hipringstubb. Kevell, Kevill. Harnishe. Kinge Rood, Kingeswood. Haydowne We eke. Kingeston Deverell, Kingston Hayle, Heale, Heele. Deverell. Haytesbury, Haytisbury. Kingswall. Heddington, Hedington. Kinwarston, Kyndwarston. Helmarton, Hilmarton. Knoke, Knooke. Helthropp. Knowle. Hen ton, Hen ton (in Steeple Ash- Knoyle. ton), Hun ton. Kynton, Kynton Sti Michis. Higheway, Highway. Lackham. High worth. Lacock, Lacocke. Hill Deverell. Lanford. Hillperton, Hillprington, Hilper- Langley Burrell, Langlie Bur- ton, Hilprington. rell, Langly Burrell. Hindon. Laverstock. Hodson. Lavington, alias Easterton. Hoi, Holte, Houlte. Lavington Episcopi, Lavyng- Homington. « ton, Lavington Markett. Horningeshame, Horningsham, Le, The. Hornisham, Hornisom. Lea. i 2 116 Extracts from the Records of the Liddeard Millisent, Lidiard Mill- cent, Lyddeard Milliscent, Lyd- diard Myllysent. Lockeridge. Lo veil's Upton, Upton Lovell. Luckington. Lndgarshall, Lurgesall. Lyddeard Tregose, Lyddiard Tre- goze. Lyddington, Ludington. Lyghe Dallamer. Lymply Stoke. Lyneham. Lyntham. Lyttle Hynton. Madington. Madyn Bradley, May den Bradley, Maydyn Bradley, May den Brad- ely, Mayden Bradly, Mayden Broadly. Mahington, Man ton. Malmesbury. Manningford. Manningford Brues. Marleborough, Marlebrough. Marshton, Maston. Marten, Martin, Martyn. Meare, Meer, Meere. Medborne. Melborne, Mylborne. Melksham, Millsham, Melka- sham, Mylksham, Mylshym. Mildeston. Milton. Morden. Mouncton. Mouncton Deverell. Mouncton Farleigh, Mouncton Farleighe. Mounckfield. Myddelton, Myddleton. Mylenoll. Mylford. Nestetowne. Netherhampton. Netherhaven . [ton . Netleton, Nettleton, Nettyl- Newton, Newtowne, Nuton. Norrington. North Bradely, North Brad- ley, North Bradlie, North Bradly. Northburcombe. North Tidworth. North Wraxall, North Wrax- sall. Norton. Norton Bavant, Norton Ba- vent. Nova Sarum. Ockborn. Ogborne Sti Georgii. Orcheston Mary, Orston Mary. Overfonthill. Overton. Oxeshey, Oxhey, Wokesey. Pewsey, Pewsie, Pewsy, Pwesye. Pirton, Priton, Purton, Pyrton. Polshed. Wiltshire Quarter Sessions. 117 Poole (Wilts). Somerford. Porton. Somerford Keynes. Pottern, Potterne, Potren, Pottren. Somerford Mauditts. Pottren Weeke. Southbroome. Preshute, Presute, Presult. Southeburcombe, Southbur- Priors Cleve. combe. Puckshipton. South Newton. [weeke. Puttall (Bedwyn). South weeke, South wick,Suth- Pytton. South Wraxall. Quidhampton, Quyddamton. Stanhm ? Stanham, or Stan- Ramesbury, Remesbury, Rems- more. bury. Stanton Fitz Harb, Stanton Rodborne, Rodborne Cheyny. Fytes Harberd. Rokeley, Rookley, Rowley, Rowly. Stanton Fre Warren. Rowd, Rowde. Stapleford. Rudg. Staunton. Russall. Steart, Stearte, Steete, Steert, St. Margaret Stratton. Sterete, Stert, Sterte. Saltrop. Steeple Ashton Steple Ash- Savernack, Savernecke. ton, Stiple Ashton. Sedhell, Sedghill. Stiple Langford. Seen, Seend, Send. Stock Fountell. Semington. Stockley, Stockly, Stocklye. Semleigh, Semley, Semly. Stockton. Sevenhampton. Stoke Earles. Sevington. Stourton. Shepridg parva, Shipridge parva. Stowell. Sherrington. Stowford. Sberston. Stratford. Sherston Pinckney. Studley. Shrew ton. Sute (Longbridge Deverell). Slaughterford,Slawterford,Sletter- Sutton Benger. ford. Swaeliffe. Smalebroke, Smallebroke. S wallofeeld,S wallofeild,Swal- Smythcott. lowfeild, Swallowfeeld, Sodbury. Swallowfelde. 118 Extracts from the Records of the o wdn uuiuw, W CblCOLl. Swarms Wick. West Dean. Swindon, Swinndon, Swynden, Weast Grafton. Swyndon. West Grymsted. xenont, xeiionie, lenouni, xeiont, W^estliarnam. Tpfnnfp VV 6b lllti. lull . Tidwnrth Tin* worth Smith TiH Wf oo4" Tv i n fptrvn AA/oct. Ix a. VV col AvlLlg LOll, VV cot IV Vile" WU1 Lll OUU I lie, XyUWOlLil. ton. xiisnea. West Lavington. Tisbury, Tysbury. W^estporte. Token ham. Westropp. XUulcllllalll VV ccKc. VV cob XOCHcIJllaLQ. xiounugt/, xrow uiiuge. VV CbLYVUUU.. Trnlp TrnllA Tvnwlo XlOlc, XIOllc, llOVVlc. \ A/ l-i OA A /"NY"* vv nauiion. xynnea, lynneaa.. vv nmey . xyi/cuiiiuc ivxtirbyii. vv Hixpdrisne, vv uytpari&iie. xymtJiLoii xvcyieweyes. vv iior Wcibuowne. U pilaVcil. V* ltlUltJ. u ppwyuK. vv lisioru.. \j pton OKiciniorc, u pioii4p Kyumore. vv liion, vv yiton. /"\i ■ y»T" VV GKt3^ VV t/Kc JUXld. liCWtOUrt. vv lbiiioru. vv est ixsnxon. vv ony. W^sburie, Westbury, Westburye. W^oodborough, W oodborow, vv esiDury ueigne, vv esuoury vv oouDorrow. Lighe, Westbury Lyghe, West- Woodford. bury Lye. Woodlands. Westbury subter le Playne. Woore (Oare). Westchawfield. Woorton, Worton, Wourton. Wiltshire Quarter Sessions. 119 Wooten Bassett, Wootten Bassett, Wyck, Wycke. Woten Bassett, Wotten Bassett, Wynfield, Wyngfield The privilegium clericale or immunitas ecclesia will be found dis- cussed in the standard treatises. It may be of interest to mention that the passage generally selected for testing the culprit's attain- ments seems to have consisted of the words " Miserere mei Deus " from the first verse of the fiftieth Psalm of the Vulgate version (Ps. li., A. V.), which, from being thus constantly appealed to on a question of life or death, obtained the nickname of the " Neck Verse." The following is from chap, xxii., vol. iii., of Reeves' History of the English Law : — " In the reign of Ed. IV. when an ordinary refused a man who prayed his clergy and read, the matter was certified into the King's Bench and the ordinary was fined ; under the idea that he was only minister of the court, and not the judge in such a case. Again, one who had abjured for felony in killing a man being taken prayed his clergy : it happened in that case that the man could read only two or three words here and there, and not any three words together, and yet the ordinary was pleased to claim him as a clerk, upon which it was observed by the whole court that if it appeared to them that the prisoner could not read, the ordinary should be heavily fined and the convict hanged : adding that they were judges of his reading for they were to make the award, quod legit ut clericus ideo tradatur ordinario. It was at the same time intimated that the reading need not be so very perfect and accurate as was pre- tended, for a felon being tried by Fortescue and not being able to read but only to spell and to put syllables together was nevertheless allowed his clergy. It had been the common course for prisoners to claim the benefit of their clergy upon the arraignment : this was thought prejudicial to the party for he had no challenge to the inquest ex officio ut sciatur qualis ordinario liberari debeat, by which Wotton Bassett. Wooton subter le Hedge. Wraxall, Wraxsall. Yatesbury, Yatisbury. Yatton. III. Benefit of Clergy. 120 Extracts from the Records of the conviction nevertheless he forfeited his goods and chattels together with the profits of his lands until he had made purgation. To remedy this Sir John Prisot, Chief Justice of the Common Pleas, in concert with the other judges, in the reign of Henry VI. made an alteration which was thought more advantageous to prisoners than the old practice. This was, not to allow the benefit of clergy upon the ar- raignment but to recommend to the prisoner to plead to the felony and put himself on "the jury de bono et malo. Thus he had the advantage of his challenges and the chance of an acquittal on the merits ; and after all, if convicted he might still claim his clergy. This was a variation in the practice of our criminal courts which was greatly commended and was followed by most of his successors/'' For the foregoing extract from Reeves' History, and for the fol- lowing personal reminiscences, I am indebted to S. B. Merriman, Esq., Treasurer of the Wiltshire Society : — " My recollections of quarter sessions at Marlborough date back to 1820, and thence to 1826. Whipping was not common, but I remember once seeing a youth of about 17 tried for stealing linen hung to dry on a hedge, the property of some poor woman. He was tried in the second court and was sentenced to be imprisoned and once publicly whipped. I remember I was going down the street the next day and just in front of the Market house saw a carpenter's bench with an erection of two posts and a board like stocks. Soon up came the gaoler (Alexander, afterwards transferred to Devizes), leading the culprit stripped to the waist, who was assisted up on to the bench : his hands were put through the holes, and I remember that the holes were too big, and that handkerchiefs had to be bound round his wrists to pre- vent him from slipping through the holes. Alexander did not flog the man : this was done by a deputy, who had been in the army, and I remember that the e cat 3 was a very light and merciful one made for the occasion by this expert; the blows — thirty or thirty-six in number — were not savagely given, they did not draw blood ; but the lad's back was livid with bruises, and it was evidently a sharp punishment. I remember that the mob hooted and hustled the exe- cutioner after the punishment was over, and one of the most indignant among the crowd was the servant of a local schoolmaster. On a Hoard of Gold Nobles. 121 who by no means excluded corporal punishment from his system of education. As to claiming* benefit of clergy, my recollection is that so soon as a verdict of guilty was given the Clerk of the Peace ad- dressed the prisoner with some such words as 1 having been duly convicted of the felony laid to your charge, have you anything to say why judgment should not be passed on you.' This of course meant sentence of death for a felony; the convicted person had of course nothing to say, and was then desired to ' kneel and pray the benefit of the statute/ whereupon, being instructed by the gaoler or constable, he bent his knee, and having thus by a gesture, of which perhaps he was only half conscious, made a claim on the court, of which he had even less understanding,he received sentence from the chairman/' Benefit of clergy was formally abolished by the Act of 7 & 8 Geo. IV., cap. 28 : branding had long previously fallen into disuse. (To be Continued.) Dtt a f|oad of <$oH> fjtoite fomtfr at §wmmfrge Jfarm, Ifetktg, Milk1 By the Eev. J. Baeon, D.D., F.S.A., Hector of Upton Scudamore, Wilts. N the early part of September, 1877, there was found on Bremeridge Farm, in the parish of Westbury, Wilts, be- longing to Charles Paul Phipps, Esq., of Chalcot, a hoard of thirty- two gold coins. They were found during repairs and improvements of the homestead, about a foot and a half below the surface, in the courtyard, piled one above another, without any appearance of a purse or box. The place of deposit would be indicated by a line 1 This paper was read at a meeting of the Society of Antiquaries, London, and is here reprinted, by permission, from Archseologia, vol. xlvii., pp. 137-156. 122 On a Hoard of Gold Nobles producing the east end of the main building southwards to a distance of about 13 feet from the wall of the present back kitchen. The workmen, as a matter of course, appropriated the coins and distributed them among themselves, being fully alive to their in- trinsic value, but all unwitting, apparently, of the laws of treasure trove. Mr. Phipps, with great promptitude, made the workmen understand that the coins belonged neither to them as finders nor to himself as owner of the soil and employer, but to the Queen, and must be sent forthwith to the Treasury. By this means thirty-two pieces were recovered uninjured, except that a little bit had been scooped out of the edge of one, apparently to test the metal. After a careful examination and list had been made they were sent to the Treasury in a registered packet on the 18th of September. About the 18th of December twenty-eight of the coins were re- ceived back from the Treasury, three of the original number being retained for the Mint and one for the British Museum, and express provision was made for the liberal reward of the workmen who had discovered this interesting hoard. The general type of the coins resembles those engraved in Ruding 1 as nobles of Edward III., viz., Obverse, edward dei gra rex angl et franc 2 d. hyb. The king standing in a ship, crowned, holding in the right hand a drawn sword, and on the left arm a shield bearing the arms of France and England. Reverse, >J< IHC autem transiens per medium illortjm ibat (St. Luke, iv., 30), a cross fleury with a fleur de lis at each point, and a lion passant gardant under a crown in each quarter.3 1 " Annals of the Coinage, 1817." 2 et franc was distinctly read on eight, but, instead of this part of the legend, fourteen at least have dux aqu or et aqvt, &c, either after or before d. hyb, &c. 3 Leake's " Hist. Acc. of English Money," 1745. Folke's " Table of English Gold Coins," Soc. Ant. London, 1763. Pegge's "Remarks on the first Noble of Edward III.," 1773, " Archseologia," vol. iii. Cuff's "Note on some Gold Coins of Edward III. and Eichard II." 1842, "Numism. Chron." vol. v. is interesting in reference to these Bremeridge nobles. As one of the many examples now happily existing of the influence of anti- quarian research in improving the illustrations of educational books, it may be mentioned that there is a good engraving of a noble of Edward III. in " The Student's Hume," 1859. found at Bremeridge Farm, Westbury, Wilts. 123 In some of the Bremeridge specimens the French arms are repre- sented semee of fleurs de lis as assumed by Edward III. ; in some there are four or more fleurs de lis indicated in the 1st quarter, and three in the 4th and more circumscribed quarter, while some one or two have distinctly three fleurs de lis in both quarters, as afterwards adopted by Charles VI. of France, who began to reign A.D. 1380, and as expressly imitated by our Henry V.1 We may reasonably expect to find some exceptional instances of three fleurs de lis an- ticipating the formal enactment of change in each country, because it is much easier to depict a small definite number than semee. On the other hand, it would appear from the fifteenth century illumi- nations of Froissart MSS. that some who had a right to quarter the arms of France, notwithstanding the regular practice of Charles VI. and his successors, still chose, from a conservative feeling, to depict them semee of fleurs de lis, which coat came to be called for dis- tinction " Ancient France." 3 Some of those which have the name of Edward on the obverse have on the reverse in the centre the initial of fourteenth century shape.8 The coin which has had a piece unfortunately cut out of it by the finders, as above mentioned, happens to be particularly interesting as being one of the three of Richard II. in this hoard, resembling those already described of Edward III. with the exception of having the name Richard, which is somewhat defaced, on the obverse, and the initial b. in the centre of the reverse. These nobles of Richard are not so well coined as those of Edward in the same hoard, and the mutilated coin already mentioned being curiously blundered both 1 Sandford's "Geneal. Hist.," book III., e. iii., p. 157, note. 2 " Ce f ut seulement apres Charles V. que les armes de France furent reguliere- ment fixees a trois fleurs de lis : tandis que depuis Philip le Hardi, qui le premier placa trois fleurs de lis sur son sceau [en 1285] (" Noveau Traite de Diplomatique," 1759, t. iv., p. 137), on les trouve tantot sans nombre, tantot reduites a trois." " Tresor de Numism." " Hist, de 1' Art Monetaire," 1846. 3 One has a, i.e., c, which may possibly be intended to denote Calais as the place of mintage. See Cuff's Note, &c, above cited. 124 On a Hoard of Gold Nobles on the obverse and reverse seems to indicate either a forgery, or great disorganisation in the proceedings of the mint. The most curious, from the historical point of view, appear to be four which, having on the obverse the armed figure in the ship, like the rest, have nevertheless, instead of the arms of Edward IIL> those of thilip the Bold, Duke of Burgundy, as shown in the illu- minations of Froissart, except the tinctures, which could not be ex- presssed on coin, viz., 1st and 4th quarters, azure semee of fleurs de lis or, within a bordure compony gules and argent ; 2nd and 3rd, bendy or and azure within a bordure gules, with the legend p. H. s. DEI GRA DUX BURG COMES & DNS FLAND. This quartered coat, sometimes called modern Burgundy, was assumed by Philip the Bold, fourth son of John II. of France, when created Duke of Burgundy in 1363. The coat in the 2nd and 3rd quarters is that of the first house of Burgundy, which flourished upwards of three hundred and twenty years, and came to an end in 1361, by the decease of Philip le Rouvre, Duke of Burgundy, be- trothed to Margaret, heiress presumptive of Flanders, who at the said date was about 11 years old. The arms on these Flemish nobles agree minutely with the coat depicted over the head of Philip the Bold in the illumination of the MS. of Froissart in the British Museum, where he is represented sitting in council with the Duke of Berri.1 The diameter of the coins is nearly If in.,a little larger than our half- crown, the thickness scarcely more than that of a sixpence, the average weight 120 grains, nearly that of a sovereign. They all appear to be of the finest gold, and the impressions are mostly clear and sharp, showing very little wear from circulation, but some few are not so successfully coined as others, and are somewhat blurred. The value of the noble as mentioned below in the quotation from a contem- porary chronicle was fixed at 6s. 8d., but it must be borne in mind 1 In Humphrey's " Illustrations of Froissart," 1844-5, vol. i., pi. xv., vol. ii., pi. xxiii., the illuminations are misrepresented, the bordure gules not being indi- cated all round the bends in the 2nd and 3rd quarters. In " Geneal. Hist, des Mais. Souv.," 1738, t. IV., 1. ii., c. i., art. 3, the coat is given correctly. found at Bremeridge 'Farm, Westbury, Wilts. 125 that there was great difficulty in the early issues of gold coinage about adjusting its relations to silver, and the relations which existed in the fourteenth century are now entirely changed. The bullion value of each of the Bremeridge nobles is now about 20 40, and 41 Edw. III., A.D. 1364 and 1367, relating to Bremeridge, which are of great interest as being contemporary with the coins, and as illustrating the name and ownership of the locality. The payments mentioned are also noteworthy, and possibly, by numismatic sifting, might be found to correspond curiously to the amount of the Bremeridge hoard. The chief points to be gathered from these deeds seem to be, that the Rector of the Church at Edington and the convent thereof be- came possessed of the manor, &c, of Highway, in the parish of Bremhill, near Calne, Wilts, in fee-farm, paying ten pounds, that is thirty nobles, yearly to the Bishop of Salisbury as chief lord 2 in right of his Church of the Blessed Mary, of Salisbury, and an oc- casional "relief" of 6s. Sd., i.e., one noble, upon every avoidance of the said rectory of Edington ; and the annual profits of the said manor, after paying the fee-farm rent to the Bishop, were estimated at 13«. 4>d., i.e., two nobles. Thus the whole annual rent of the property, in exchange for which the Rector and Convent of Edington obtained the manor of Bremeridge, amounts exactly to thirty-two nobles.3 The two earlier deeds are in Latin. By the third deed, which is in French, on Thursday next before the Feast of St. Valentine, 41 Ed. III., A.D. 1367, Sir Philip FitzWaryn and his wife Constance, grant to John, Rector of Edington, and to the con- vent thereof, in exchange for the manor of Highway, &c, in the 1 " Cal. I. P. M.," vol. L, p. 57, vol. h\, p. 277. Also Hoare's " Hist, of Wilts, Westbury," pp. 58 to 62, above cited. Aubrey and Jackson's " Wiltshire Col- lections," 1862. % The patronage of the Vicarage of Bremhill with Highway and Foxham still belongs to the Bishops of Salisbury. 3 It therefore seems natural to surmise that this hoard may be the amount of rent prepared by the tenant of Bremeridge for the Kector and Convent of Edington between 1384 and 1399. 134 On a Hoard of Gold Nobles parish of " Bremel," le manor de Bremelrugg ove housbote et heybote renables estovers et communes en lez boys de Westbury et la voeson d'une chauntrie de Hewode et une mees et quinze acres de terre in Dulton,' &c, i.e., the manor of Bremeridge, with materials for repair of house and fences, and with reasonable supplies and commons in the woods of Westbury, aud the advowson of a chantry of Heywood [in Westbury Church] and a messuage [i.e., superior dwelling-house] and fifteen acres of land in Dilton.1 Bremel is, in Anglo-Saxon, a common form of the word now known in English as bramble.2 Bremhill, the modern form of the name of the village above re- ferred to near Calne, "Wilts, is a late alteration. The Norman scribe in Domesday Survey writes the name " Brerae," of course intending the final e to be sounded, and he states that part of the land there was four acres of bramble wood.3 Bremelridge has clearly the same origin for its first part, either from early connection with " Bremel," now called " Bremhill," or from its own supply of brambles in early times. The shape of the land where the homestead stands is so clearly a ridge, as marked in the Ordnance Map, that there can be no doubt of the significance of the latter part of the name. Brem- eridge or Bremridge is a conveniently worn down form of Bremelrugg, &c, but Brembridge is surely an inconvenient and misleading cor- . ruption, no considerable stream being near to require a bridge. Doubtless further illustrations might be obtained by referring to other documents connected with Edington, Salisbury Cathedral, and the locality. The Bremeridge nobles are most interesting as historical tokens, giving life and reality to the English, French, and Flemish history of the period, especially to the Chronicle of Froissart. It is within the bounds of possibility that, by antiquarian research or even by what may be called happy accident, it may yet be dis- 1 Apparently that part of Dilton called then as now Dilton Marsh. 2 In Genesis, iii., 18, the words of the Vulgate, " Spinas et tribulos germinahit tibi," are rendered by the Anglo-Saxon translator " Thomas and bremelas heo asprit the." " BibL der Anglesachs. Prosa, Grein, Cassel und Goettingen," 1872. 3 Jones's " Domesday for Wilts, 1865, p. 38, and note. found at Bremeridge Farm, Westbury, Wilts. 135 covered to whom the money belonged about A.D. 1399,, and whether it was hidden by a thief or by an honest man in fear of thieves, or marauders, in troublous times such as attended the deposition of Richard II. One lesson to be learnt from the particulars of this discovery is, the importance of upholding the laws of treasure trove, amending them if need be, and making it understood that the Treasury will deal liberally with finders if they act frankly and loyally. The re- search which has been made in the preparation for this paper further illustrates remarkably the value of contemporary evidence, the im- portance of having recourse to the most authentic sources which are accessible, and the help which may be derived from numismatists and heraldry, but, above all, from the fraternal intercourse and readiness of communication which exist amongst antiquaries. I am bound especially to acknowledge valuable hints received from Mr. Franks, Mr. Bond, Mr. Poole, and other officials of the British Museum and of the Mint. The chief points now fully illustrated, but before more or less obscure, are, the hold of Edward III. on Flanders ; the significance of the device of the armed figure in a ship,1 and the special intention of the text on the reverse ; the English originality of the noble, and yet the French influence traceable in the cross and ornaments of the reverse ; the coinage of English nobles in Flanders and their cur- rency both there and in England from 1346 to 1417, i.e., seventy-one years ; the identification of the Flemish nobles found at Bremeridge as belonging to Philip the Bold, Duke of Burgundy, who was Count of Flanders from 1384 to 1404, and not to his grandson Philip the Good, who held the same possession from 1419 to 1466. 1 In order to appreciate more fully the appropriateness of Edward III. repre- senting himself as an armed figure in a ship, and also to account for the persistence of this device on the English coinage, it should he remembered that he was a great admiral as well as a great general, the army and navy not being distinct services, as in later times, that he expressly took the command ofE Sluys, displacing for the nonce the official admiral, Sir Thomas Beauchamp, that he was also a great promoter of commerce, especially of the Flemish trade in wool. The form of the ship is well illustrated by comparison with the illuminations of the Froissart MSS.^ and with the seal of Tenterden, of which there is an impression in the Archi- tectural Museum, Tufton Street, Westminster. 136 On a Hoard of Gold Nobles APPENDIX A.1 Readings of the Bremeridge Nobles. (yjr represents fleur de lis.) 4. E DWABDI M DEI W GEA « BEX « ANGL m1* FBANC D B. Arms, three fleurs de lis in both 1st and 4th quarters. Uppermost lion in 2nd quarter nearly obliterated. On gunwale, lion lion >//■ lion. Kev. In centre (J» ►J* iho X AVTEM * TEANCIENS JJ P M MEDIVM M ILLOEUM H IBAT. Selected for plate as fig. 1, " Ed. III. General type, Bremeridge." N.B. in the arms most of the other Bremeridge specimens indicate semee of fleurs de lis, at least in 1st quarter. 5. ED WAED DEI * GEA g EEX Jj ANGL g DNS " HYB «1« AQVT. Arms, decidedly seme*e in both 1st and 4th quarters. Fault of coinage in lions of 3rd quarter. On stern of ship, flag with a cross on it. On gunwale, lion yfryfr lion 1/^. Kev. In centre a. Qy. for Calais as place of mint. Selected for plate as fig. 2, " Ed. III. Type with flag, NS * PBR £ 00 * ILLOROQ. Badly coined. The blunders and the inferiority of execution seem to indicate 1 In this reprint only those readings are given which refer to the coins selected for the plate. found at Bremeridge Farm, Wesibury, Wilts. 137 either a forgery or great disorganisation in the proceedings of the mint at the time. Piece scooped out by finder. Selected for plate as fig. 5, " Bic. II. blundered, Bremeridge." 30. PUS DEI J GEA ** DVX * BVEG % COMES £f£ DNS J FLAND. Sword and right side of figure somewhat defaced. The arms beautifully indicated : viz. 1 st and 4th quarters, fleurs de lis within a bordure compony, the coat of Philip the Bold as fourth son of John II. of France ; the 2nd and 3rd quarters, bendy within a bordure, the arms of the first house of Burgundy, which came to an end in Philip le Kouvre in 1361. On gunwale, lion -v//^ lion ■v/z-v/r. Rev. In centre p. It seems noteworthy that the lions under crowns in the spandrils of the cross on the reverse are passant, open mouthed, but not gardant, as on the nobles of Edw. III. and Ric. II. in the same hoard. 138 On a Hoard of Gold Nobles DESCRIPTION OF PLATE. GOLD NOBLES. Fig. 1. Edward III. General type, Bremeridge - App. A. No. 4 „ 2. Edward III. Type with Flag and Cross of St. George, Bremeridge No. 5 „ 3. David II. of Scotland, British Museum .... „ 4. Richard II. Bremeridge No. 26 „ 5. Richard II. "blundered, Bremeridge No. 27 „ 6. Flemish, Philip the Bold, Duke of Burgundy, Bremeridge - No. 30 N.B. — Figures 3 and 4 of the quarto plate in Archaeologia, vol. xlvii., facing p. 154, are in this reprint omitted, for want of room, as less necessary for illustration. On referring to the readings, Appendix A., on the preceding page, it will be seen that No. 26 is similar to No. 5, having the flag and cross on the obverse, but the letter K in the centre of the reverse. found at Bremeridge Farm, Westbury, Wilts, 139 APPENDIX B. Patent Rolls and Close Roll. Patent Boll, 19 Edward the Third, part 2, m. 14. " De tractando cum illis de fflandria de moneta auri. " Eex omnibus ad quos, &c, salutem Quia pro utilitate publica precipue mer- catorum et aliorum hominum tarn regni nostri Anglise quam Comitatus fflandriae desideramus quod moneta nostra auri vocata La Noble quam jam cudere fecimus in Anglia eundem cursum habeat in fflandria quern habet iu Anglia et quod ad majorem multiplicationem dicte monete moneta predicta videlicet denarii oboli et quadrantes vocati nobles nomine nostro cudantur in fflandria Ita quod cursum tarn in fflandria quam in Anglia habeant uniformem Nos de fidelitate etindustria fidelium nostrorum dilectorum Willielmi Stury et Thome de Melchebourn plenius confidentes assignavimus eos conjunctim et divisim ad tractandum et concordan- dum cum dilectis et fidelibus nostris Gubernatoribus Capitaneis Scabinis Burgi- magistris Advocatis Consulibus et probis hominibus villarum de Gandavo Brugges et Ipres et aliorum locorum Comitatus fflandriae et omnibus aliis quorum interest vel interesse poterit in futuro tarn super cursu uniformi dicte monete in Anglia et in fflandria quam super dicta moneta in partibus fflandriae facienda et cudenda et super emolumento ex ipsa cussione monete proventuro et super assignacionibus inde faciendis prout melius viderint vel viderit expedire et ad ea que sic tractata et concordata fuerint quacumque securitate firmanda Promittentes nos ratum et gratum habituros quicquid dicti Willielmus et Thomas vel eorum alter nostro nomine fecerint vel fecerit in premissis. In cujus, &c. "Datum apud Westmonasterium viii die Septembris." (1345.) Patent Roll, 20 Edward the Third, part 1, m. 19. " De moneta auri vocata La Noble in fflandria facienda et cudenda." This document is verbatim the same as the preceding, with the exception of the above title, the substitution of the name Gilbertus ne Wendelyngburgh for Thomas de Melchebourn, and the date, " Teste Rege apud "Westmonasterium xxiiii die Marcii." (1346.) Close Roll, 5 Henry the Fifth, m. 18 d. " De proclamacione facienda " Rex Vicecomiti Kancie salutem Quia datum est nobis intelligi quod nobilia de fflandria que Burgoigne nobles vulgariter nuncupantur et que minoris valoris et precii ac pejoris alaie quam nobilia de cuneo nostro Anglie do novo fabricata existunt inter ligeos nostros infra regnum nostrum Anglie pro solucione diver- sarum summarum de die in diem continue currunt et recipiuntur in nostri pre- judicium et contemptum ac dictorum ligeorum nostrorum dampnum fraudem et deceptionem manif esta necnon contra formam Statutorum in hac parte editorum 140 On a Hoard of Gold Nobles. Nos indempnitati nostre ac ligeorurn nostrorum predictorum prospicere volentes ut tenemur tibi precipimus firmiter injungentes quod statim visis presentibus in singulis locis infra ballivam tuam ubi magis expediens fuerit et necesse publice ex parte nostra proclamari facias ne quis cujuscunque status gradus seu condicionis fuerit aliqua hujusmodi nobilia Burgoigne nobles nuncupata sub forisfactura eorundem pro aliqua solucione exnunc fienda recipiat ullo modo set quod ipsi qui nobilia ilia habent ea ad cambium nostrum infra Turrim nostram London(ie) deferant ibidem de novo cunanda. Et hocnullatenus omittas. Teste Rege apud Westmonasterium quinto die Aprilis. (1417.) " Consimilia brevia dir(iguntur) singulis Vicecomitibus per Angliam ac Can- cellario in Comitatu Palatino Lancastrie sub eadem data." The Committee desires to express its obligations to Dr. Baron for his generous gift of the plate which accompanies this paper. [Ed.] II. F, BULL, Printer and Publisher, 4, Saint John Street, Devizes. 0 Cj h 3 13 _ H 50 ^ bd W £L p^ >r b M- C5 B CD ST cr * H CD O go p r B ite CO to 00 O t~ 1 lb i— « i— ■ 1— ' t— * Ox ©1 to t— 1 o CD p CD P CD o b "I gas? g s 5 EL B O O CD p-> O O QO 4 4 p ►> 2 cd* | g P H, » S p°S cd P : - P & ° ^P S^£ £ S3 p « CO CD B H3 g g q a. p-2, p-st. P o g p 50 B - o ow p p o ST 2 p p o P" CD ^p P° p Q rg 00 00 co to en ^ Ol Oi © 05 to 2?tb • 00 CO oo M tO td P w o to p M *"* P P P £5 Pj K* ■• o P P H-> O 02 go Ox B p ^ 2 p which is always done by a shaded line, as the heat is intended to be shown. Of course the shaded spaces will not indicate the actual number of hours of sunshine, nor the same number of hours (if the shaded lines happen to be of the same length), but merely the proportion of sunshine which was experienced in that week. Thus, if in one week we had had fifty out of one hundred hours due, and in another twenty-five out of fifty hours due, these two quantities would be indicated by lines of equal length, as in both cases we had half the quantity due. The lower (double) line indicates the rainfall, black indicating that the amount was greater than the mean, and shaded that it was less, as the greater the rainfall the greater the amount of chilliness produced in the air. The general state of the weather during any week can thus be seen at a glance, as well as those elements which are considered to have most effect on vegetation. The lines at the top merely indicate the date to which each vertical line refers, the upper line giving the day of the month, the lower one that of the year. 152 Diagrams to Illustrate the Effects of the Weather The horizontal line in the middle of the diagram is taken as a base line from which the variations from the means in the times of flowering are calculated. If a plant is observed to flower (say) ten days earlier than the calculated date, a shaded line is drawn downwards a certain space, if it is ten days later a black line of the same length is drawn upwards. If several plants have tbeir mean dates of flowering on the same day, the average of the differences from the mean is taken to indicate the state of vegetation on that day. Thus if there are four plants whose mean date of flowering occurs on any particular day, and one was observed ten days later, the second five days later, the third two days earlier, and the fourth five days earlier, then 10 + 5 — 2 — 5=8, and as there were four plants observed, 2 days late would be the average indicated in the diagram. There are certain objections (and no doubt serious ones) to this method of registering, which may be remedied hereafter as the number of years of observations increases. The most serious is that the averages are not taken from an equal number of plants for each day. It may be argued that a single species for each day would give better results ; but the objection to this is that a pasture-loving plant may be taken one day, a water-plant another, a wood-plant a third, and so on, and the results would still be very far from the truth. Where all are taken the general state of vegetation is, I conceive, more truly represented. Another objection, which I hope to correct in time, is that all the plants have not been observed for the same number of years ; thus the date for one plant may have been computed from seventeen observations, and another from only fifteen, and so on. This error has been partially obviated by only taking those plants which have been observed not less than fifteen times, except in certain very special cases. Twenty years is by no means too short a time for securing proper averages, considering all the errors and omissions which must necessarily occur in such an investigation as the present. Such as it is it can be considered only approximate, and as such I must beg my readers to consider it. One other remark must be made. Each year was worked out from upon the Flowering of Plants. 153 the average of the preceding years up to 1865, so that the average is different for each year; thus the diagram for 1880 indicated the differences of the flowering in that year from the means of the previous fifteen years, that for 1881 from those of the previous sixteen years, and that for 1882 (which is given herewith) from those of the previous seventeen years. It must be observed, however, that the variations are generally so slight (from the large number of years already taken) that in most cases they are the same for all three years. A few words must now be said about each diagram. In that for 188U it was observed that January was very cold, February and half of March were warm, and then every succeeding week (except the first week in April) more or less cold. On referring to the flowering it was seen that till the middle of March {i.e., as long as the weather continued warm) plants were behind their proper averages, and then for eight or nine weeks were before them, a break of a cold week in the middle of April destroying the uniformity, and after that vegetation was uniformly backward. Thus, as long as the weather continued warm plants were late, and as soon as the weather turned cold plants were early. The evident solution of this apparent paradox is clearly that plants require time to get influenced by the weather, and as far as this diagram showed that period is about five or six weeks. From the diagram for 1881 it was seen that during the first six months there were only six weeks whose mean temperature was above the average, and those only occurred at scattered intervals ; it was also damp till the middle of March, and then singularly dry. As might have been expected plants were almost uniformly late till the beginning of June, and even then they might be considered, as a whole, fairly backward. A marvellous difference occurred in 1882. Till the end of the first week in February, the weather was cold, but then a warm period set in, lasting till about the end of the first week in April, when the weather began to turn colder, and the temperature of both April and May was hardly above its proper amount. June and July were decidedly cold, but it was not till the middle of June that 154 The Story of a Prebendal Stall at Sarum. plants flowered later than usual, though throughout the month vegetation was but very little in advance of its proper state. One^ of the questions which I am anxious to investigate is the connection (if any) between plants, more especially such as may be of assistance to agriculturists. Certain operations are performed when certain occurrences happen ; thus it has been said " When mulberries begin to turn red the corn is fit to cut." At present I have not been able to confirm this, or to trace any connection be- tween the two. But another saying is decidedly correct : "When the Timothy grass \_Phleum pratense] comes out, the hay is fit to cut." The explanation of this is, that this grass is the last of the common grasses to come into flower, and consequently when it flowers, all the other grasses are in their prime. I have noted for some years how far this is correct, and though the weather has not always been favourable for haymaking, when it appears, yet no better time could have been selected. The dates for this plant in the three years under consideration were June 19th, June 18th, and June 15th, respectively. The rainfall was at no time excessive, though from the middle of April (with the exception of a fortnight in May) the weekly amount was in excess of its proper average. t jitorg d a f)«fottkl JStall at jJsntm/ By the Eev. W. H. Eich Jones, M.A., F.S.A., Canon of Sarum and Vicar of Bradford-on-Avon. ^HERE are some, it may be, who, when they read the subject of this paper — the " Story of a Salisbury Prebend " — may be inclined to ask — " And what is a Prebend ? " And so, I will, on opening my case, as the lawyers say, first of all explain the meaning of the term. 1 This paper was read some time since before the Members of the Church Institute, at Trowbridge. It is printed in the belief that it will be of interest, at all events, to a good number of our readers. [Ed.] By the Rev. Canon W. H. Rich Jones. 155 The word " prebend " means literally a " provision " or a " main- ten ance"; it is from the Latin verb " prcebeo" which means to " support." Thus " pra3benda equorum " in Domesday means the " provision " or " provender " of horses — I suppose hay, and the like. " Praebenda asinorum/' in like manner, would mean " asses' pro- vender/' and might, besides hay, include, I suppose, a handful or two of thistles. In fact our word "provender" which comes to us mediately through the French " provendre," is our synonym for it ; and not only so, but is the same word in an English dress. Well, then, you will easily see how naturally the term " prebend/' from meaning a provision, came to designate the manor or " estate " which furnished that provision. In olden days there was very little money stirring — people then had no bankers' accounts, or Three Per Cents in which to invest their savings — their riches consisted in their flocks and herds, and wool, and so forth. A great deal of business was done in the way of barter. Naughty people, when fined for some offence were not let off with " five shillings and costs/'' but had to pay in kind — a sheep, or so much corn, or other produce. The word " mulct " is a traditionary memorial of this ; it is derived from a mediaeval Latin word " multo" which means a sheep, and which is of course from the same root as our word " mutton " and the French "mouton" (=sheep) . So the word " pecunia" (= money) is connected with pecus (=cattle). And of course, when people wanted food for themselves, or fodder for their cattle, they had to grow it for themselves. As it fared with the people generally, so it fared with the clergy. Tithes were paid in kind ; and more troublesome I fancy they must have been to collect than our " rent-charge in lieu of tithes " now. And as they, no less than their parishioners, needed meat and drink for themselves, and for their cattle (when they were able to keep them), certain small portions of land called "glebes " were assigned to them, in their various parishes. Of course they needed a certain portion of arable land, for their com — of pasture, for their sheep — of meadow, for their hay (and this last must, where possible, have been near a stream) ; and this accounts for the fact that glebe-lands lie so dispersedly, some here and some there. What were called 156 The Story of a Prebendal Stall at Sarum. "capellani annui," who corresponded (as far as ancient and modern can be compared) with what we now call " assistant curates/' were paid, not in money, but for the most part in kind. Thus the Chaplain of Erlegh, a dependency of Sunning, when called upon to make a return of his income to the Dean of Sarum, in 1225, said that it consisted of four measures [summoz) of corn, two measures and a half of fine white wheat, and two and a half measures of barley, besides one mark (=13*. 4sd.) in silver, 40 pence of which came from the land of some " rusticus " — i.e., I suppose, some rural tenant of a portion o£ land in the parish. Well, then, when Osmund, Bishop of Sarum, wished, towards the close of the eleventh century, to found a Cathedral for his diocese, and to place a body of secular canons in it, he thought it only reasonable to make some provision for them. Hence he set apart a number of small estates — in his time they were, I think, thirty-four, they afterwards became some fifty or more (for two prebends con- sisted of certain offerings given from time to time at the high altar in the Cathedral) — and these estates, to which the technical name of "prebends " was given, formed the endowment of his several canons. He took a far more common- sense view of matters, as it seems to me, than our modern legislators some forty years ago, who thought that an income was quite needless for nine- tenths of the Canons of Sarum at all, and that they ought to be quite content with the " honor and glory of the thing. " I do not entirely sympathise with such a view of matters, and should not be sorry, with my bit of "blue ribbon/' to have a small "honorarium" appended thereunto. However, as the matter stands, the value of our stalls, for all save four or five of our body, may be set down at nil. One is almost tempted, when you contemplate the whole of your "prebend" as consisting of a seat in the Cathedral choir, and that is all — notwith- standing for that diminutive " all " we used, when I was appointed, to pay some £9 in fees — to recall the anecdote of the Irishman, who when placed in a sedan-chair without a bottom remarked blandly — "If it were not for the honor of the thing, I'd as lief have walked." I have called the cathedral of Salisbury a cathedral of secular By the Rev. Canon W. H. Rich Jones. 157 canons. Clergy, in olden times were divided into " Regulars 33 and " Seculars." The former were those who belonged to monasteries or similar religious houses and were bound by the " regula" or " rule " of such institutions. The latter were those who lived in the world and much as other people did, and of this class were the canons whom Osmund appointed for his Cathedral. You must dismiss from your mind at once the idea that there was anything of the strictly monastic character about them. They were bound by no religious vows ; in fact, if any canon became a " Regular 33 he ceased at once to be a member of the Cathedral body. They were, of course, bound to observe the " statutes and laudable customs 33 of the Cathedral, but otherwise they were free ; they lived each in their own houses and many of them, such at all events as were in minor orders, were married men. And the provision for their maintenance came from two sources — (1) from their "prebend/3 of which I have already spoken, and (2) from the