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His Forbears and Himself 









Author's Preface. 
Two Introductions : 














By H. E. Aidan Cardinal Gasquet, O.S.B. 
By the Rt. Hon. Sir R. B. Finlay, K.C., M.P. 
The Days of Englesbatch 
The Hartsincks of Holland 
My Father's Parents 
His Early Years 
Marriage and Professional Beginnings 
At the Bar 

Home and Out-of-Doors . 
On the Bench . 
His Interior Spirit 
His Character : A Bird's Eye View 













Notes. ....... 

Appendix : 

(1) Excerpts from My Father's Lecture on 

" Beauty." 189 

(2) Sale-Catalogue of His Art-Collection. . 199 

(3) Specimens of his Letters .... 208 

(4) Obituary Notices and Extracts from 

Letters of Condolence. . . . 218 
Index. 223 



Shortly after my father's death a London 
publisher, considering that some form of bio- 
graphy of him was desirable, approached me 
on the subject. At the time it was impossible 
for me to promise any substantial co-operation 
in the task, which after a few weeks was aban- 
doned. Since then the feeling has been always 
with me that some reparation was owing to 
my father's memory. The late Judge Willis, 
in his Recollections of Sir John Day(i) paid 
a kindly tribute of friendship to one whom he 
had frequently accompanied on holiday rambles 
abroad. But he regards the subject of his 
brochure almost entirely from the point of 
view of a travelling companion ; and, not un- 
naturally, he himself figures somewhat more 
conspicuously in the course of the fifty-seven 
pleasant pages of his little work. Nor is the 
book accessible to any large number of readers. 
My intention now is to focus together all 
the memories of my father which may help 
to construct a true portrait of the man. If 
only I can perform the task with a reasonable 
measure of success it will not fail, as a human 
document, to interest many who knew him 
only from a distance, and yet suspected that 
there was much beneath the externals which 
would repay a more intimate acquaintance. 
The writer approaches his subject with a firm 
resolve to be truthful in his delineation, and 

io JOHN C. F. S. DAY 

to allow lights and shades to play on the canvas 
as they once played on the living personality. 
The belief that my father's character was not 
one of a group, but rather a distinct type of its 
own, gives me confidence to undertake this 
modest but sincere study in psychology. John 
Day never contemplated that a Life of him 
would be written, and made no provision for 
it : he would undoubtedly have objected to 
a Life written in the stereotyped way. He has 
left no diaries, no resumes of conversations, 
nor expressions of opinion : no raw material in 
writing for a prospective biographer. My en- 
deavour shall be merely to recall all that I can, 
and collate it : the rest is supplementary. 
Such a memoir, on such lines, might not profit, 
and might even suffer, by too much help from 
others, or by a profusion of data. 

The prefixing of three initials before the sur- 
name ma}- seem to savour of affectation. It will 
save the title-page from this reproach if I say 
here that the C. F. S. stands for the Christian 
names of Charles Frederick Sigismund de Haren, 
who fell on the field of Waterloo, and that these 
names were bestowed on my father by his 
aunt, the widowed mother of the young hero. 
In the centenary year of that decisive victory 
the fact is pleasant to recall. 

The introductory chapters of domestic history, 
for which I am in great measure indebted to the 
Family Papers compiled for private circulation 
by my brother, Mr. S. H. Day, are inserted 
with a view to showing the sources from which 
some of the features in Sir John Day's complex 
character were drawn. 

Were I to panegyrise my father, or to treat 


vaingloriously of his connections, his frown 
(a formidable one !) would not fail to be visited 
on me. That risk shall not be run. The true 
glory of any family should be in the present 
rather than in the past. " So little doth 
nobility serve for story but when it encourageth 
to action." (2) 

POSTSCRIPTUM.— This volume has not es- 
caped the influence of the war. Whilst the 
author has been composing it, he has been 
hoping for a summons to act as Chaplain to 
the Forces. It has come at the eleventh hour. 
A friend has generously offered to take charge 
of the final arrangement and revision, and see 
the book through the press. The writer alone 
is responsible for any ragged edges there may be, 
or dropped stitches ; but he knows full well 
that in the circumstances he will be leniently 
judged. His very best thanks are due to His 
Eminence Cardinal Gasquet, to Sir Francis Gore 
and to Sir Robert Finlay for their valued 

A. F. D. 

Bournemouth, October, 1915. 

I have been asked to write a few words of 
introduction to this book, and for several 
reasons I am unable to refuse altogether. 
But I have a difficulty. As I have had no 
opportunity of perusing its pages, I naturally 
find it impossible to speak about the volume 
itself, except to express my conviction, from 
my personal knowledge of the author of this 
biographical study and of the remarkable 
man who is the subject of it, that it will be 
found to be interesting, entertaining, instructive 
and stimulating. The few remarks I have to 
make will be confined to my appreciation of the 
personal character of the late Sir John Day 
as I knew him. 

Although my direct relation with Sir John 
came only in the latter years of his life, my 
personal recollection of him dates back to the 
early " Fifties," when as a boy I saw him as a 
regular attendant at the Church of St. Mary 
of the Angels, Bayswater, of which Monsignor 
Manning, the future Cardinal, had just become 
the Superior. I recall to-day, although it is 
more than half-a-century ago, how impressed 
we young people used to be by the earnestness 
which Sir John Day displayed whilst assisting 
at the Offices of the Church, and by his manifest 
and solid piety. At that time he had been 
practising at the bar for some ten years, and 
was pointed out in London as a rising lawyer 
likely to become eminent in his profession. 
My boyish notions about gentlemen of the law 



were of the vaguest kind, but for some unknown 
reason I did not associate an earnestness in the 
practice of religious duties with the profession. 
Possibly for that very reason, the sight of Mr. 
Day, as he then was, throwing himself into it 
with obvious wholeheartedness and sincerity 
and with the evident thoroughness of entire 
belief, made an impression upon my mind which 
remains fresh to this day. 

It was many years later when I was brought 
into closer personal relations with Sir John Day, 
and came to appreciate his many sterling- 
qualities. I may say that I never knew anyone 
else quite like him ; and from my experience 
I can quite endorse what his son, the author of 
this book, writes about him : " His character 
was not one of a group, but rather a distinct 
type of its own." I had met Sir John at various 
times after 1870, and had many opportunities 
of coming to know something of the almost 
startling contrasts of his complex individuality, 
and perhaps what impressed me always most 
of all in him, was the earnestness with which 
he entered into everything discussed, even in 
ordinary conversation, and which appeared in 
everything he did. He seemed to be the living 
exponent of the principle inculcated bv Holy 
Writ : " Whatever thy right hand fmdeth to do, 
do it with all thy might." He quickly formed 
his opinion about men and things, and made no 
secret of his impatience with those who professed 
one thing and did another. In any question 
of religion he was uncompromising. "Is the 
man a Catholic ? " he once asked about someone 
we had been talking about. And, on my reply- 
ing that he was, he added with vehemence : 

14 JOHN C. F. S. DAY 

" Then he should act as one, and not try to 
minimise his obligations. I've no use for, or 
indeed patience with, anyone who knows his 
duty and hasn't the honesty and strength to 
do it." 

Although Mr. Day had not often revisited 
his old School at Downside after he left it in 
1845 on taking his degree at the London Univer- 
sity, he still continued to take an interest in the 
place, and to the last retained affectionate 
memories of many of his old masters. Once 
or twice, when staying at Bath with his uncle, 
Mr. Samuel Day, who was always a welcome 
visitor at Downside, he came over to his old 
College to revisit the scenes of his boyhood. 
But it was later, in the year 1877, that he gave 
a substantial proof of his interest in the studies 
of the establishment. 

At that time I had charge of the educational 
side of the School, and we were making great 
efforts to bring the studies up to the standard 
of modern requirements. Talking over the 
matter one day with Mr. Day, he rather sur- 
prised me by the interest he manifested in this 
matter, and at once offered to give for a period 
of years a substantial money prize to encourage 
the efforts then being made by the staff of his 
old School to raise its standard of the education. 
He chose Greek as the special object of his 
generosity, because he held that the campaign 
then being fought against the classical basis 
of education in favour of one founded upon 
modern languages and science, would prove 
fatal to a really liberal education. He had no 
desire to preserve methods which could be 
proved to be antiquated, but he held most 


strongly that the old-fashioned Greek and Latin 
basis of education must be maintained at all 
costs. In speaking of this, he referred more 
than once with entire approval to the views 
expressed by Cardinal Newman in his lecture on 
" Christianity and Letters," printed in his 
Idea of a University. 

As expressing the views of Sir John Day, 
the words of the illustrious Cardinal on this 
matter are perhaps worth recording. After 
pointing out that in the Middle Ages there had 
been a similar agitation as in our own times to 
oust the classics from their pre-eminence in 
the curriculum of the liberal arts, Newman 
continues : " The instinct of civilisation and 
the commonsense of society prevailed, and the 
danger passed away, and the studies which 
seemed to be going out gained their ancient 
place, and were acknowledged, as before, to be 
the best instruments of mental cultivation and 
the best guarantees for intellectual progress." 

In this same belief, and because the study 
of Greek had been singled out a c a special object 
of condemnation and sarcasm, at a time when 
the value of education was to be measured more 
by immediate result than by the mental training 
it afforded, Sir John Day determined to make 
it the special object of his generous encourage- 

In 1882, Mr. Day was appointed to a Judgeship 
in the Queen's Bench. I was at that time the 
head of his Alma Mater at Downside, and by 
chance happened to be in London on the day 
his elevation was announced in the newspapers. 
I was able at once to call upon him and ex- 
press in the name of all connected with his old 

16 JOHN C. F. S. DAY 

College our sincere congratulations at his well- 
deserved promotion. A year or so later he paid 
a visit to Downside, when the students pre- 
sented him with an address. He replied in an 
earnest and feeling speech, in which he recalled 
his old impressions of the School and recorded 
his affectionate memory of his old masters, 
most of whom had long passed out of this life. 
He earnestly begged the new generation to be 
worthy of their predecessors, and to make the 
best use of the opportunities they had to pre- 
pare themselves for the part they would be 
called upon to fill in the world. No one who 
listened to his impressive words on that occasion 
could fail to be impressed by the charm of his 
speech, and above all by his manifest earnestness. 
After 1884, when I was living in London, I 
came more frequently into contact with Sir John; 
and on one occasion, in 1896, when he was 
Treasurer of the Middle Temple, I was his guest 
at one of the great dinners given in that Hall. 
During this period I was increasingly impressed 
by many traits in his character. His deep 
religious sentiment was always evident. He 
was a solid and sincere Catholic, and although 
he never obtruded his religion, he never con- 
cealed his convictions. His faith was certain 
and uncompromising, but he could find amongst 
his friends many who differed from his religious 
views. The writer of his Life in The Dictionary 
of National Biography says : " Day's Catholicism 
was of the Continental rather than the English 
type." This was never the impression it made 
upon me. His whole-hearted earnestness was 
seen in his religion, as in every other thing that he 
did ; but although he had received the early part 


of his education abroad, he was strongly English 
in his sentiments, even in religious matters. 
His faith was so certain that he perhaps some- 
times failed fully to appreciate the mental 
difficulties of other Catholics, who had not been 
equally well grounded in the principles of their 
religion. He was in my opinion a man, sincere, 
upright, and earnest in everything, whom it is 
a privilege to have known. 



I have pleasure in complying with the request 
that I should write a few words by way of intro- 
duction to the biographical study of the late 
Sir John Day which has been undertaken by 
one of his sons. 

I cannot hide from myself the difficulties 
with which a biographer has, in such a case, to 
contend . There are no thrilling events to narrate. 
The triumphs of the profession of which Sir 
John Day was an ornament are in all but 
the rarest cases ephemeral, and it would require, 
in addition to intimate knowledge, the skill 
of a consummate artist to give anything like an 
adequate impression of a character so many- 
sided. Sir John Day will never be forgotten 
by those who knew him, but those who knew him 
best will be the first to recognise the difficulty 
of drawing any portrait which will convey to 
others a just idea of what he was. 

It was in the year 1867, in the old Court of 
Common Pleas at Westminster, that I was first 
introduced to Mr. Day by my dear friend, 
Maurice Powell, so well known in the legal 
profession as the editor of Roscoe's Nisi Prius 
and Day's Common Law Procedure Acts. These 
treaties were of enormous value to the busy 
advocate, but can hardly be considered as light 
literature. Charles Lanyon, a popular and witty 
member of the old Home Circuit forty years ago, 
had a legend that, on one occasion, he woke up 
Powell, who had fallen asleep in a carriage 
on the Metropolitan Railway, by shouting into 



his ear, with the tones of a newsboy : " Day's 
Common Law Procedure Acts by Powell, sixth 
edition ! " with the result that the editor 
started up from his slumbers under the happy 
impression that the treatise, on which he had 
spent so many years of hard work, had at last 
become a really popular book. 

At the time of my introduction to Day I 
had just been called to the Bar. I had spent 
my time as a student in trying to acquire a 
systematic knowledge of law, with the assistance 
of the admirable system of lectures which was 
then in vogue, and was on the look-out for the 
best chambers to " read in," so as to see the 
profession on its practical side. I became 
Day's pupil, and I have always attributed any 
success I have had at the Bar to my friendship 
with Powell, leading, as it did, to my having the 
inestimable advantage of a training under Day 
for the practical work of the profession. 

Day was at that time a Junior with a very 
large and a very varied practice. His chambers 
were the best school of law in the world. Unless 
he was in Court, or engaged in conference or 
consultation, he spent his whole time in the 
pupils' room. Every case was discussed by 
him with his pupils. He had an intuitive 
insight into legal principles which took him, 
and his pupils with him, to the very heart of a 
case at once. Every point was debated by 
master and pupils with the utmost freedom. 
These friendly disputes were d outrance : argu- 
mentatively, quarter was neither given nor 
taken. Authorities, of course, were referred to, 
but our master never allowed the discussion 
to degenerate into a mere counting of decisions. 

20 JOHN C. F. S. DAY 

Precedents were kept in their proper place as 
merely guides to principle. Day's unique sense 
of humour brightened every discussion, and a 
jest from him often threw more light on the dark 
corners of a case than could have been achieved 
by an elaborate dissertation from anyone else. 

In him the shrewdest knowledge of the world 
was combined with a native goodness and kind- 
ness of heart. His geniality was as genuine 
as his insight into human nature was profound. 
His coming into the pupils' room was like the 
entrance of a ray of sunshine, and I am sure 
that those of his former pupils who still survive 
will agree with me in saying that a year in Day's 
chambers was in itself a liberal education. 

Day was a born advocate. No one was ever 
quicker in seizing the points of a case. If there 
had been a law to the effect that no one should 
ever read his brief before coming into Court, 
Day would have been facile princeps. He had 
the most exquisite tact in the conduct of his 
cases. Difficulties seemed to disappear at his 
touch. I recollect his once saying to me, with 
a dash of that sardonic humour in which he 
abounded, that a client was sometimes apt 
to ascribe his success more to the merits of the 
case and less to the skill of the advocate than 
strict justice demanded. As he put it: "If 
you conduct a case well and quietly, you may 
win the case, and the client thinks he won it 
solely on its merits, and that little or nothing 
was due to the advocate, with the result that he 
forgets all about you. But if you exaggerate 
by your conduct of the case every difficulty 
there is in it, and create fresh difficulties of 
your own, he sees you fighting and labouring 


and struggling for him with admiration, and 
you impress yourself upon his memory for- 
ever. It is true vou lose the case, but it is said : 
' How could you win it with such materials ? ' 
and your client is eternally grateful." There 
is perhaps, a kernel of truth in this humorous 
satire upon the methods of some advocates 
less skilful than Day. 

It was by hard and honest work that Day 
made his way at the Bar. He owed nothing 
to connection. His progress was, I believe, at 
first slow, and I well remember his telling ma 
of the first gleam of success that cheered him 
when he won a case with which he had been 
entrusted in a County Court. I rather think 
he had been holding the brief for someone else, 
according to the good old practice which pre- 
vailed in those days (and has, I hope, not fallen 
entirely into desuetude) and which opened for 
him, as for many others, the path to success. 
He despised not the day of small things, and 
gradually rose into a very large general prac- 

While still in stuff he had a great number of 
leading briefs. Finlason, a member of the 
Home Circuit, who for a long series of years 
acted as reporter in the Law Courts for The 
Times, used to say that, when a Junior was 
beginning to think of taking silk, there was one 
unfailing test of his chance of success : " Do 
you lead causes ? " If a Junior is trusted to 
lead causes, he need not fear to take silk, as his 
capacity for leadership has been recognised. 
When Day took silk his success was marked and 
immediate, and for many years he had a leading 
position at Nisi Pruts. Of his many triumphs 

22 JOHN C. F. S. DAY 

in that sphere it is unnecessary that I should 

His method in cross-examination was unique. 
He seemed to approach a hostile witness as one 
anxious for information, and grateful for any 
light that the witness could throw upon 
the case. Many a witness, while giving 
himself away as well as the case that 
he thought he was supporting, regarded 
the cross-examiner as a well-meaning but ignor- 
ant and rather stupid man whom it was his 
business to enlighten. I remember his saying 
to me of one case in which a young lady in the 
witness-box had made a statement to him 
which he afterwards used with telling effect 
in addressing the jury : " She looked at me, 
and thought I was a fool." 

In his face he had one great asset as an advo- 
cate. His play of countenance was extra- 
ordinary : whether genial, shrewd, sarcastic, 
humorous, or severe, it had a fascination for the 
Bar, and, I doubt not, for juries. I believe 
that my late friend, Francis Williams, K.C., 
for many years leader of the South Wales Cir- 
cuit, used to tell how he and other members 
of the Junior Bar, in days when they had more 
time to spare than afterwards, used to follow 
Day about from Court to Court, and, in watching 
the play of feature and ever-changing shades 
of expression upon his face, found a never- 
ending source of amusement. 

It was my privilege to know Day intimately 
in private life. During the years when I worked 
in his chambers we had many a long ramble, 
starting from his house at Hampstead, over 
country which has been so changed by the 


activity of the builder that it is hardly now to be 
recognised. I often travelled with him in vaca- 
tion, and a more delightful companion there 
could not be. Runs with him through Cornwall 
and to the Scilly Isles, round the coast of Scot- 
land,through Brittainy, through Belgium, through 
Holland, stand out vividly in my memory. 
His interest in churches and in pictures added 
zest to every expedition. He never failed to 
explore any church within reach, and I well 
remember how, in one holiday week, we raced 
one another to the top of the belfries in Belgium. 
His taste in art was excellent and severe. All 
the pictures he admired were good, but there 
were many good pictures which he did not 
admire, f think he acquiesced in the justice 
of the criticism when I said something of this 
kind to him. The same might have been said 
of his taste in poetry. 

He was the most tender-hearted and humane 
of men. One marked feature of his character 
was a singular purity of heart and intolerance 
of everything that was base or unworthy. 

The visits which, for many years, he paid to 
us here in the autumn were an unfailing source 
of delight to all who met him. There is no one 
who enjoyed his friendship with whom it will 
not be an abiding memory. 


Newton, Nairn, N.B., 28th December, 1915. 



The Days of Englesbatch 

Our first English ancestor of whom, so far, we 
have traced the record, settled about the year 
1650 at Englesbatch or Englishbatch, within the 
manor of Englescombe or Englishcombe, a few 
miles from Bath, (a) This manor was long ago 
confiscated to the Crown, and settled on the 
Duchy of Cornwall. We have always sup- 
posed, though we cannot prove, that our origin 
is Norman and the first form of the name De 
Haie. (b) Family tradition points to John 
Day's having hailed from Kent ; Queen Mary's 
famous printer John Day, who died at Saffron 
Walden in 1584, leaving twenty-six children 
to perpetuate the family, was probably a 
kinsman of John Day of Englesbatch, though 
the armorial crests, birds, are not quite the 
same. The latter came with the land-hunger 
on him, and acquired several tidy-sized farms 
in the parishes of Burnet, Priston, Wellow 
and Foscote. The country comprising these 
properties is fine open undulating land, typically 
English, and even to this day bucolic. His ad-, 
vent at Englesbatch was preluded by a tragedy. 
The former occupier, named Bean, had im- 
poverished himself by too great an outlay on 
building. When the bailiff came to arrest him, 
he was shot by Bean's son and heir, who then 
hanged himself in the malthouse. The mur- 


26 JOHN C. F. S. DAY 

derer-suicide's skeleton was dug up at the 
cross-roads by Thomas Miles about 1770, but 
there is no mention of his ghost haunting 

Only Johns and Thomases succeeded their 
forefather, the first John Day, at Englesbatch. 
We will, for convenience sake, designate these 
under dynastic numbers ; not reckoning others 
bearing those names who belonged to the family. 

John Day I. married Dorothea Phippen of 
Harptree. Phippen is the Saxonised form of 
FitzPaine, a name familiar enough to those who 
study the historic byways of the Norman Con- 
quest. Her will was proved at Wells, April 
12, 1692, and her husband's August 17, 1694. 
Evidently he had well kept up and improved his 
estate of Englesbatch. According to a manus- 
script memorandum, " the old orchard was 
planted to apple-trees, one half the winter before 
John Day was born in 1687, and the other half 
the winter after." This first John Day had 
three other sons besides John thus commem- 
orated. He names Thomas, the eldest (Thomas 
I.), as heir to Englesbatch, and all its messuages, 
tenements and estates. Robert, the second, 
gets Prior Stanton, Somerset ; John inherits 
Wilmington, " where I now live." The young- 
est, Samuel, is not given an estate in the will, 
but he came into possession of Burnet, near 
Kcynsham. and there died and was buried. 
Thomas Day I. married Mistress Elizabeth Diaper 
of Nettleton, Wiltshire, and both lived into 
old age. Their son, John Day II., although 
we know that he died in 1773 a Catholic, married 
the daughter of the parson of East Harptree. 
A first cousin of John Day, Samuel II., of 


Burnet, married another daughter of the same 
Rev. Thomas Smith. (Bearers of that widely- 
diffused patronymic may like to recall the 
dictum of Mr. G. K. Chesterton, that whatever 
name may be unromantic and unhistoric, it 
can never be Smith ! ) 

A floating legend relates that the Day who 
was first to abandon the old faith was thrown 
from his horse on his first visit to the parish 
Church from which the Mass had been banished. 
However, this belongs to our prehistoric period. 

But if the Day family conformed at the 
Reformation period, they became Catholics 
again in or about 1750. The tradition amongst 
us is that our family, and our neighbours 
the Coombes (c) were both drawn to this 
religious change owing to the example of a 
faithful journeyman tailor, probably Hibernian, 
who in all sorts of weather passed Englesbatch 
every Sunday, on foot, on his long hilly way to 
Bath. He was tracked to the Catholic Chapel j 
the exploratores returned profoundly edified, 
and very shortly afterwards the two families 
gave in their allegiance to the Holy See. 

Thomas Day, the second son of Thomas I., 
died of smallpox in 1706, aged eighteen. He 
was then a student for the priesthood. His 
father was in the Bath Trained Band at the time 
of the passing of the Duke of Monmouth from 
Bristol to Frome. The Royalist troops, who set 
out with much confidence, suffered a sharp 
reverse at Philip's Norton. My grandfather's 
great-aunt Susan is the authority for the family 
account of this historic incident, and she told 
him that the Jacobite Loyalists claimed this 
as a victory, and proclaimed Philip's Norton 

28 JOHN C. F. S. DAY 

as a "city." She also handed on the tradition 
that John Day I. was a very tall man. Thomas, 
who may have inherited this persistent family 
quality, must have been at least prepared to do 
deeds of valour ! His grandson, Thomas Day III., 
who married Susana Hall of Dundry, remem- 
bered this warrior, and that he was accustomed 
to poke him, when a boy, playfully with his 
stick. John Day III. married a cousin, Mary 
Day, then Mrs. Phelps, a widow. Their son, 
Samuel, whose estate of Hinton Charterhouse 
came through his wife, Miss Skurray, be- 
came High Sheriff of Somerset ; his son, 
Samuel Skurray Day, J. P., won to wife the 
eldest daughter of Lord Ribblesdale. (d) The 
Sheriff may be regarded as having died a martyr 
to party politics, having met his end a few days 
after an accident caused by the collapse of the 
hustings at Bridgwater. He died in 1806, and 
in The Gentleman's Magazine stands his pane- 
gyric : " He supported the character of a 
country gentleman in its primitive purity : 
humane, upright, hospitable, pious." This was 
a non-Catholic branch of the family ; obviously 
in those days, Papists would not have attained 
to just that kind of recognition from a secular 

In 1777 Thomas Day IV. married Mary Alice 
Fleming at Foscote, and received with his wife, 
from her father, a house in King Street, Bath, 
and £100. A certificate shows that the year 
following, at the Bath Quarter Sessions, Thomas 
Day of Englesbatch took the oath appointed 
to be taken by Papists, by the Act of 18 George 
III., to relieve them from penalties and disa- 
bilities imposed by 11 and 12 William III. 


There are similar documents granted to other 
members of the family in the same year and in 
1791. Although Thomas was one of a family 
of nine, seven of whom were boys, it looks as 
if the Days would have become extinct in that 
generation had it not been that he reared a 
family ; and yet of all his offspring only one, 
John Day V., seems to have left children, of 
whom the eldest was my father, John VI. 
Thomas Day IV. died, before his wife, in 1807, 
of a rupture caused by a kick from his horse 
fifteen years before, (e) He was an excellent 
man of business, active and enterprising, and, 
" which speaks his principle, much sought after 
as an arbitrator." He left sons, John V., 
Thomas, Samuel Edward, and several daughters. 

Their mother, Mary Alice Fleming, a remark- 
able woman, was the youngest child of Francis 
Fleming, a kinsman of the last Flemings, 
Barons Slane of Derpatrick. These great loyal- 
ists had forfeited rank and estates for the cause 
of King James II., who was the guest of the 
eighteenth Baron Slane on the eve of the battle 
of the Boyne. (/) Francis Fleming, born in 
Ireland in 17 15, had a turn for wandering, artis- 
tic faculties, a generous heart, and a shallow 
purse. He settled eventually in Bath, and 
married Anne Roland, a French lady, who like 
himself had social parts, but scant patrimony, 
and had become a teacher of what was always 
called then " the Art of Dancing." 

Francis Fleming was the author of Timothy 
Ginnadrake, (g) to which constant reference 
is made in Bath under Beau Nash, by Lewis 
Melville. According to this " biographical his- 
tory ' of Fleming's, he acquired proficiency 

3 o JOHN C. F. S. DAY 

on the violin, was admitted by Nash into the 
Pump Room Band, became its director, and 
figured for years in musical circles. Extracts 
from his accounts show that he once received 
£70 for the sale of a violin, compounded 10s. 6d. 
"to the clargiman for swearing," and for win- 
dow-tax expanded £1 17s. 2d. He died in 1778. 

Francis Fleming's eldest daughter Anne 
Teresa (Nannette), followed the profession which 
had been her mother's. She was a Bath " char- 
acter," most loyal to her friends, but hot- 
tempered and overbearing, and with more than 
a dash of the grande dame. " Her house was 
the resort of a great number of persons of all 
ages and conditions of life. . . Her manners 
were graceful, and her part noble. . . She 
would have done justice to a large income, and 
spent it with dignity." She lived until 1823. 
Mr. Edward Canning, to whom she had been 
on the point of being married, lies buried with 
her in the same vault at Walcot. 

Her sister, Mary Alice Fleming, (Mrs. Day) 
was much better qualified to play the part of a 
farmer's wife : the mother of ten, an early riser, 
busy and bustling, economical and religious. 
She had been educated at the Ursuline Convent 
at Lille. She would go to Mass every Sunday 
in Bath, and neither rain nor snow could stop her 
if only she could get anyone to drive her car. The 
accounts kept by her are accurate to a penny, and 
£20 was carefully laid aside to pay the expenses 
of her funeral. Her hearing was defective ; for 
the last twenty years she made use of an ear- 
trumpet. When her son John was going out 
to shoot with his brother Tom on the 21st Sep- 
tember, 182 1, (I am extracting this, as much of 


the foregoing, from my grandfather's memoranda) 
she called after him to be sure to bring back a 
hare for the Sunday dinner ; but they returned 
laden with spoil, to rind that their mother had 
suddenly been taken fatally ill. On Sunday, 
the 23rd, the Rev. Mr. Coombes, whose family 
has been mentioned already as spiritually linked 
with ours, paid her a visit. He found her 
deeply occupied with prayer. The Rev. Mr. 
Brindle was another clerical visitor to her 
deathbed ; Mr. William Day, Mary Fleming's 
brother-in-law, Surgeon to the Bath Hospital, 
accompanied him. She was the last survivor 
of her immediate family. 

John V., her eldest son (Captain Day), 
became my father's father. A word may be 
said here, not of himself, but of his immediate 
family group. He left the management of the 
paternal acres to his two junior bachelor brothers, 
Thomas and Samuel, men of genuine worth and 
much originality, whose memory is still green 
and honoured. Of these, Thomas was born 
in 1783, and died in 1874 at Tivoli House, 
Greenway Lane, Bath. Samuel Edward Day 
was ten years his junior, and died also at Tivoli, 
in 1871. Tivoli was the home to which they 
retired after giving up Englesbatch in 1853. They 
left it to mv father, whose later boyhood, after 
his parents' death, was passed under their roof. 
They were hearty, jovial Englishmen of a 
bygone type, but strictly religious, and, be it 
added, abstemious. Sam was much more a man 
of the world than Tom. He was interested in 
the social advance of Catholics. His becoming a 
Poor Law Guardian was part of this movement. 
I have heard also of a meeting of farmers got 

32 JOHN C. F. S. DAY 

together at an inn near Combe Down (an 
unique procedure at that time !) with a view 
to explaining the Catholic position and so 
lessening bigotry. I have also understood that 
these good bachelor brothers had something 
to do with the preliminaries for acquiring the 
property which became Downside College. They 
were friends to the Benedictines who served 
the Bath Mission. In a list of subscribers 
towards the completion of the Catholic Chapel at 
Bath, 1810, are the following names : W. Day, 
£50 ; Thos. Day, £50 ; the Earl of Newborough, 
£50 ; Charles Conoly, £50, etc. The Coroner 
of Bath, Mr. English, was a faithful ally of my 
great uncles. They had a saying between them 
which has come to me through one of my elder 
brothers : it has, I fear, become slightly muti- 
lated in my memory, but has proved prophetic : 
" This generation are great cruisers. I suppose 
the next generation will take to flying ! " 

Uncle Tom, in his latter years at any rate, was 
privileged to hold up in air his large bed-warmer 
watch when he considered that it was time for 
the preacher in the Bath Church to pass on 
to his peroration, and is credited with having 
performed this singularly delicate task to the 
general satisfaction. Mr. Sam Day, (so an old 
nun informed me, years ago, in some notes 
on the two Day sisters who became Canonesses 
of St. Augustine at Spetisbury) " was considered 
a kind and devoted friend of the Community. . . 
He came every year, and took a lively interest 
in everything that concerned the Convent. 
He visited once after the death of his sisters, and 
kept up a correspondence, writing until his 
death most amusing and interesting letters. 


We always regarded him as the type of a fine 
old Catholic gentleman, full of religion, and 
with plenty of humour." 

The sisters just mentioned, who became nuns, 
were Martha and Susan Day, born in 1787 and 
1796 respectively. The younger sister led the 
way to St. Monica's Convent, Spetisbury, Dorset, 
in 18 17, being followed four months later by 
Martha. They were both professed in 1819. 
Their names in religion were respectively Mary 
Pgnatia and Anne Austin. They both lived to 
venerable old age, died in the same year, 1865, 
and were buried in the Convent cemetery 
near Newton Abbot, (whither the Sisters had 
moved in 1861) being amongst the first to be 
buried there. These daughters of Thomas Day 
and Mary Fleming were good genealogists, and 
did not fail to take interest in the history of 
their own people. The community annals speak 
of them both as having been exemplary religious. 
Martha was " always ready to please and assist 
any of her Sisters, to rejoice or grieve with them 
as the case might be." She had a good voice. 
Bedridden for some years, she was very careful 
to give as little trouble as possible. The day 
before dying she asked for Holy Communion, 
saying : "It is now time that I should receive 
It." She repeated vehemently : " I do believe," 
and told the bystanders that never before Lad 
she known how sweet was the Lord. 

Susan " discharged responsible offices with 
much prudence, order and care. . . in all 
points relating to the Rule, she was resorted 
to as to an oracle." As Procuratrix, she 
developed her mother's zeal for economy to a 
pitch which some were tempted at times to 

34 JOHN C. F. S. DAY 

regard as excessive. For many years she was 
Novice Mistress, and, though inclined to be 
severe, was greatly loved by the novices. When 
the term of her office expired, the novices said 
they felt as if they were losing a real mother. 
Towards the end of her life she suffered from her 
eyes, and had to live in a darkened room. A 
few days before her death, Sister Anne Austin 
asked to be taken to the chapel, as she " wanted 
to leave her heart in the tabernacle." 

My father took his three eldest girls to the 
Spetisbury Convent, that they might commence 
their education under the wing of their two 
Augustinian great-aunts. Emily (Mrs. Louis 
King) was a special favourite of her father. 
In the spirit of Sir Thomas More, he had taken 
great pains to teach her the elements of Latin, 
for which she had later to pay the penalty, 
as other girls spoke teasingly of her as " the 
little girl who knows Latin." They travelled 
partly by coach and partly by train, and felt 
the parting with their father intensely. He 
wrote one of them a letter for the occasion 
of her First Communion which was considered 
by the -Sisters so beautiful that they asked 
permission to read it in public to all the pupils. 
On special occasions the nieces were privileged 
to take " a dish of tea " in the cells of their 
great-aunts. These kindly souls would even 
save for them, from time to time, cakes or 
portions of pudding from the community table. 
One of the objects of this benevolence still 
remembers (with mixed emotions !) having ob- 
tained a school prize, while there, for " intelligent 

The reader is now introduced to several of the 


chief dramatis personce in the early scenes of 
my father's life. We reserve further details 
of his father, Captain John Day, and of his 
mother, Emilie Hartsinck, and her family, for 
the following chapters. 


The Hartsincks of Holland 

As Thomas Day, departing from the staid 
precedents of his forbears who selected partners 
from the neighbourhood, married a wife in 
whom Irish and French blood were blended, 
so his eldest son John took to himself the daugh- 
ter of a Dutch political refugee driven to these 
shores by the Napoleonic upheaval. 

The Hartsincks (A) were an important Am- 
sterdam family, which since the close of the 
fourteenth century had displayed conspicuous 
activities in the public service. Akin to them 
or allied with them, and eminently connected 
with the history of Holland, were the families 
of Valcke, Baerdorp, Dankerts, Vriese, Layerus, 
van der Heim, Graafland, van den Velden, 
van Rijneveld, Lampsius ; and Barneveldt and 
Elzevier, families of European fame. It was 
especially in the Admiralty and at sea that the 
Hartsinck abilities showed to the best advantage. 
The Dutch Dictionary of National Biography 
commemorates three prominent sailors sprung 
from that stock. Several members of the 
family evinced a keen and intelligent interest 
in the welfare of the Dutch Colonies. One, 
Jan Jacob Hartsinck, born in 1716, gave evi- 
dence of an unusual variety of talents. In 
addition to his public achievements, which were 
considerable, he shone in a minor degree as a 



writer of poems and plays, mostly of a humorous 
nature ; he also appears to have been the in- 
ventor of some mechanical appliance connected 
with water-mills, with which, as a dyke-reeve, 
he was officially concerned ; and he found time 
to write a work in two volumes on Dutch 
Guiana, Essequibo, Demerara, and the rest. 
His first wife, Constantia Sweedenryck, shared 
his literary tastes ; and his second marriage, 
with Anna Adriana Hasselaar, brought the 
Hartsincks into contact with a family the name 
of which conjures up the memor}' of Kenau 
Hasselaar, who, fighting at the head of her 
Amazons in the defence of Haarlem, offered, if 
need arose, to cut off her right arm to help 
provide food for the half-famished burghers j 
and of Pieter Hasselaar, who with consum- 
mated heroism, gave up his life on the scaffold 
for a cousin, saying to the Spaniards : " If you 
want Ensign Hasselaar, I am the man." (i) 
The birth of a little Hartsinck in 1795 was sung 
by one of the great poets of the Netherlands, 
Bilderdijk, who has much in common with 
Browning. The first Hartsinck Admiral of 
whom we find any record was born in Japan of 
a Japanese mother, in 1638 ; and the last, whose 
name is inscribed in the annals of Holland, had 
to serve, reluctantly, under King Louis Napoleon 
(1806). He was blamed for obeying orders too 
literally, and Napoleon I. declared that if only 
Pieter Hartsinck and the French Admiral Linois 
had worked together unitedly, the fate of 
Europe in India would have been decided in 
favour of the French. In some other circum- 
stances no doubt Pieter, like Nelson, could have 
read the signals with a blind eye, instead of in 

38 JOHN C. F. S. DAY 

the spirit of " blind obedience." At Java 
he fell ill, and obtaining a berth on a boat bound 
for America, died at Baltimore in the July of 

To their Catholic descendants it is gratifying 
to discover, amongst the earliest known bearers 
of the name, Willem Hartsinck, a Whitefriar 
at the Monastery of Perck, outside Louvain. 
At the Reformation the family would seem for 
the most part to have stood for the old religion 
and for the Spanish ascendency. But after 
a hundred years in the opposition, most of them 
adopted the national religion, and threw in their 
lot with the House of Orange. By the strange 
sport of circumstance, it was a descendant of the 
Catholic branch who was taken to wife by the 
first King of Holland, a staunch Protestant. 
Johanna Susana Hartsinck, second daughter 
of Andries Hartsinck, Commander-in-Chief (Op- 
perhoofd) of Sourabaya, had married Colonel 
Ferdinand-Louis-Francois-Michel, Comte d'Oul- 
tremont de Wegemont ; and their daughter 
Henriette-Adrienne-Louise-Flore became the 
morganatic wife of William I., King of the 
Netherlands. (/) It will be noticed during the 
course of this chapter that my father's mother, 
Emilie Hartsinck, the last of the direct line, 
reverted in her girlhood (following her mother's 
example) to the faith of her fourteenth-century 
Carmelite kinsman. 

About 1760 Susana Cornelia Hartsinck married 
one of the family of Muilman, and at almost 
the same date an American-born gentleman, 
Charles Crokatt, of Weatcomby, Somerset, led 
to the altar Anna, only daughter and heiress of 
Henry Muilman of Dagnam Park, Dagenham, 


Essex, and of his wife, Anne Darnall, a grand- 
daughter of Sir Thomas Jenner. This Henry 
Muilman and his brother Peter, two out of seven 
brothers, sons of the Burgomaster of Amsterdam, 
came to England in 1715 and 1722 respectively, 
and took to commerce, from which few Dutch- 
men can keep entirely aloof. It was thought 
that so many young men would get in each 
other's way if they stayed at home. The 
Muilmans thoroughly established themselves 
amongst the gentry of Essex. They were ori- 
ginally Counts of Berenger in Brabant. A 
younger branch had separated from the family 
" on account of the Spanish persecution and 
Inquisition," and settled near Deventer in the 
province of Zutphen on an estate called De 
Muyl. " Three hundred years ago they took 
from this house their name, changing it to 
Muilman," wrote Peter Muilman on the margins 
of a copy (now in the British Museum) of his 
own book, A New and Complete History of 
Essex, down to 1770, By a Gentleman. This 
Peter Muilman of Yeldham and Kirbv Hall 
was younger brother and partner of our ancestor, 
Henry Muilman aforesaid, who was from 1734 
to 1742 a South Sea Director, and died suddenly 
in 1772. 

Anna Muilman, of the Dagnam Park family 
just mentioned, wife of Charles Crokatt, bore 
to him a daughter, Anna Peterella Crokatt, who 
in 1775 married Jan Casper Hartsinck, forming 
the last of many alliances between the families 
of Hartsinck and Muilman. An elder daughter 
of Charles Crokatt had married Sir Alexander 
Craufurd, and from these two sprang the modern 
Craulurds, a whole family of illustrious 

40 JOHN C. F. S. DAY 

soldiers, (k) As the pedigree among the notes 
to this volume will make clear, the Muilman- 
Crokatt union eventually gave the Days of the 
nineteenth and twentieth centuries a direct 
descent from that interesting and high-minded 
worthy, Sir Thomas Jenner, Baron of the 
Exchequer, (1637-1707) and with his son-in-law, 
Sir John Darnall, Judge of the Marshalsea 
Court. (/) It allied us collaterally with the 
Boucherctts (descended from Armon de Bou- 
cheret, Avocat du Roi de France about 1560), 
and through them with Charles Newdegate, M.P. 
(born 1816, died 1887), of anti-convent no- 
toriety, who in 1882, after a fit on the hunting- 
field, pluckily remounted and went on with the 
hunt. Through the same family we claim 
kinship with the Rowleys, who, within the 
period 1730-1845, count four distinguished 
Admirals within their direct line. One more 
memorandum on this branch of the family tree. 
John Julius Angerstein, a delightful personality, 
married the widow of Charles Crokatt. He was 
of Russian extraction, born at St. Petersburg 
(now Petrograd) in 1735, and he ended his 
long life in 1823. He was famous in connection 
with the enlargement and general expansion of 
Lloyd's Insurance. He was an important figure 
in the financial and philanthropic world, and 
was also an art collector, (ni) 

The year 1755 had seen the birth of Jan 
Casper Hartsinck, whose long life of eighty 
years was cast for the most part in troublous 
times. He was the eldest son of Cornells Hart- 
sinck and Sara Maria Volkerts van Rijneveld, 
and grandson of Jan Casper Hartsinck, Com- 
missary of the Little Seal and Director of the 


Surinam Company. His portrait as a young 
man is distinctly attractive. Yet as a child of 
six he had suffered severely from smallpox, a 
spectre that was to haunt his immediate family 
in the years to come. He climbed the ladder of 
promotion in a way which combined legal, 
municipal, commercial and diplomatic success. 
Towards the close of 1784 he came to England 
with matrimonial intent, and returned with his 
bride, Anna Peterella Crokatt, early in the follow- 
ing April, to Helvcetsius. They were married 
on February 9, 1785, at St. George's, Hanover 

During the years 1786-9 Holland was in a 
state of political ferment. Jan Casper threw in 
all his influence on the side of the Stadtholder, 
which was also the pro-English side. His zeal 
caused him to be banished from his country. He 
fled again to England. In 1794 he received an 
appointment as Plenipotentiary of their High 
Mightinesses to the Lower Saxon Circle at 
Hamburg. We have a sheaf of letters addressed 
to him by five members of the House of Orange, 
and copies of numerous letters from him to 
them. The Prince of Orange writes usually from 
Hampton Court, and in one instance from 
Brighthelmston (now Brighton) : he writes as to 
one in whom he has complete confidence. 

But more trouble was in store for Hartsinck. 
During his exile in London he was entrusted 
with the task of arranging conjointly with Count 
de Pfaffenhofen (commonly referred to as M. 
de Pfaff) and the English Government, for a 
muster of soldiers in Germany. Much intelligent 
care would be needed to disentangle the rights 
and wrongs of the question. Apparently money 

42 JOHN C. F. S. DAY 

had been expended which it was expected would 
be made good by England. Count de Pfaff and 
Hartsinck were both threatened with heavy 
pecuniary loss. Recourse was had to the law- 
courts ; and it transpires from two or three 
passages in letters that Hartsinck was con- 
siderably vexed at the " law's delays," nor 
altogether favourably impressed with our legal 
procedure. In several letters he urged the 
Prince of Orange to accept interest on the money 
expended on the muster, which he regards as 
of the nature of a loan. The Prince generously 
refuses to receive anything beyond the capital. 
The whole episode was evidently painful and 
humiliating, but he emerged from it with un- 
blemished reputation ; and the Prince writes to 
congratulate him on the good result of his 
lawsuit. Hartsinck had written to him, dating 
from Islington, 13 December, 1798 : " I have 
always endeavoured to act as an honest man, 
and to make good use of that which Providence 
has been pleased from time to time to bestow 
upon me. The only moment in my life when I 
can remember having wished for a larger fortune, 
was when I thought that circumstances gave me 
an opportunity of persuading Your Serene High- 
ness, by deeds, that nothing equals my feelings 
of devotion and my loyal attachment for Your 
Serene Highness's person and house, which will 
remain unchanged in all circumstances and 
always, and will not end except with my life." 
Three weeks with his brother-in-law de Bylandt 
at his 1 dace in Gelderland, where the writ of 
banishment did not run, helped to soften the 
memory of these dark days. 

Of the public life of Jan Casper there is little 


more for me to say. The material at hand does 
not enable me to determine at what time he held 
the post corresponding to our Attorney General. 
The letters would seem to show that during the 
eclipse of the House of Orange, lasting till 1813, 
Hartsinck was obliged to live abroad, and that 
eventually his regular place of abode was either 
Chichester or his house near Bath. As a private 
individual, his domestic sorrows were even 
greater than the official difficulties through 
which he had to pass. Out of his five children, 
only one was to exceed the age of fourteen, she 
(my grandmother) dying at the age of forty- 
six. The poor father has left a touching memor- 
andum in which he records the ailments and 
early deaths of the four who died young. Were 
this book intended for doctors, their symptoms, 
duly chronicled in the family Bible, should be 
reproduced ; but the average reader would find 
it tedious work. The first child was christened 
" Jean-Charles," showing, in spite of politics, 
a certain French affinity in the parents. This 
one died at the age of one, and his place was 
taken by " John Charles," born in London 
1791, dying at Kensington Gravelpits, 1805. 
John Julius Angerstein stood as godfather. 
The catalogue of John Charles' illnesses is 
appalling, culminating in a hip trouble which 
threatened to cripple him altogether. And yet 
the poor boy, called a " worthy and almost 
incomparable youth " in his father's short 
account, left a truly bright record in the moral 
order. " Year by year he gave greater proofs 
of a very sagacious wit, and of a very sound and 
accurate judgement. He shone forth particu- 
larly by his love of truth, virtue and religion." 

44 JOHN C. F. S. DAY 

The children, with the exception of one who 
died in Holland, were buried in the vault of the 
Church of St. " Marie-la-bone," where " they are 
both preserved in lead coffins, so that in case 
one might think fit at one time or another, 
they might be transported to their own country." 

There is no lack of indication that in the last 
quarter of Jan Casper's life at least, religion 
played a very prominent and somewhat dour 
part. Indeed, he would seem to have been of 
the strictest sect. His daughter Emilie writing 
to him on an urgent subject, and wishing him 
to read the letter on arrival, feels obliged to 
address it to Miss Mant, Chichester, with the 
request that she would read it to him, "as it 
will be Sunday when it reaches him, and I fear 
he will not open it." 

In 1805-6 Anna Peterella Hartsinck had taken, 
for reasons which she records lucidly (»), the 
bold step of becoming a Catholic. No doubt this 
had caused a coldness between herself and Jan 
Casper, her husband, or at any rate had con- 
vinced them both that the cause of peace and 
charity would gain by their living, for the most 
part, separate lives. When she came to die, 
she was naturally not at all keen that religious 
controversies should form any part of her 
death-bed proceedings. Emilie has to tell her 
father this as nicely and lovingly as she can, 
from Bath, on the 19th of December, 1818. 

" My dearest Father : 

There has been, I trust and hope with 
the blessing of God, a happy crisis in my 
beloved Mother. After I finished my letter 
yesterday, the Abbe gave her the last Sacra- 


ments, which she received with the most 
perfect recollection and devotion ; she ap- 
peared to us gradually to improve since then, 
and all that is now required is perfect peace. 
I have read your very kind affectionate letter 
to her, and she bids me tell you that should 
she die, she is perfectly convinced of your 
sincere affection and bears you the same ; she 
begs, most earnestly, pardon of any offence 
she may have given you, and assures you of 
her tenderest attachment, and forgiveness of 
any you may ever have given her ; but that 
this circumstance of your difference of re- 
ligion prevents her being able to wish to see 
you in these trying moments, for it would be 
impossible for you to say anything that would 
give her any comfort, an'd she feels more and 
more consolation in the blessings the Roman 
Catholic Faith gives. Your praying and 
talking always agitates her spirits, and Dr. 
Gibbs and Mr. Hay both say might counter- 
act the effect of the remedies they give. 
Mama desires to add, had you been in her 
state she should not have offered to disturb 
your last moments by showing an anguish 
she could not have concealed, and when I said 
so strongly I would not be excluded your 
dying room, I only meant I would summon 
courage to attend you as a most careful and 
affectionate nurse, but would by no means 
ever try to interfere with those of your 
Christian friends whose way of thinking and 
yours are in unison. Believe me, my beloved 
Father, it grieves me to have this painful 

46 JOHN C. F. S. DAY 

The Abbe mentioned was Abbe Valgalier, a 
French emigre, who lived with Mrs. Hartsinck 
as chaplain (and afterwards with her daughter 
in the same capacity) and showed his loving 
gratitude by the kindly care he took of her 
soul as it neared its long journey. This good 
priest brought her " a beautiful odoriferous rose 
every day, which in some measure compensates 
her for not seeing her dear garden." " Mama 
speaks of death with wonderful resignation and 
peace. The Abbe is broken-hearted." These 
extracts are from Emilie's letters. Jan Casper 
Hartsinck was with his wife at the last. 

His sister Cecilia, now (1819) Baroness de 
Spaen, and by her former marriage mother of 
a young hero of Waterloo, Carel de Haren, 
writes a very sensible letter of condolence, 
portions of which have a claim to quotation : 

" Do not condemn her because she died in 
the religion which she confessed during her 
life. We Protestants are too enlightened to 
question the salvation of one dead outside 
our Church j and you are yourself, my dear 
friend. I am convinced that her memory 
would be less thought of by you if upon the 
bed of death she had abjured the religion she 
chose from conviction. I confess that her 
choice astonished me, knowing her to be 
endowed with a superior mind ; but having 
once adopted this religion, I think it fortunate 
that she persevered in it, believing it to be 
the best ; and whatever displeasure I ex- 
perience at the idea of your daughter, dear 
Emilie, being a Catholic, I should renounce 
her friendship for ever, if she was capable of 


changing, having, as her mother, chosen this 
religion from conviction. Forget, my dear 
brother, the different way of worshipping the 
Supreme Being, and again become not only a 
father to her, but her friend and her protector. 
I grieve for her with all my heart, for her loss 
is vastly greater than yours. I shall venture 
to offer up my prayers for both of them." 

In accordance with the advice of the Baroness, 
cordial relations were re-established between 
Hartsinck and his daughter. On the eighth of 
November, 1819, ten months after the decease 
of his first wife, Jan Casper married Miss Matilda 
Han key. Miss Hankey had long been a friend 
to all his immediate family, and retained the 
affectionate regard of her stepdaughter and of 
that stepdaughter's husband. 

Amongst minor services which Jan Casper 
Hartsinck continued to render to the Orange 
dynasty, we learn of his procuring a sample 
of a " couple of pounds of green tea at three 
or four Prussian crowns the pound " for the 
Hereditary Prince. In 1798 Hartsinck pleads 
earnestly for a fellow-countryman in London 
sentenced to be hanged for forgery, ending his 
letter with the quotation : Non ignara mail 
»iiscris succurrere disco. And in 1818 we find him 
informing Mrs. Fry, the Quakeress, as to the 
nature of the punishment usually meted out to 
forgers in the Netherlands. The ordinary cases 
were dealt with by means of " flogging, branding 
with hot irons between the shoulders, and im- 
prisonment ; the capital sentence being reserved 
for cases in which the Government itself was 
injured, or the public exposed to great dangers." 

48 JOHN C. F. S. DAY 

However, the two women in whom Mrs. Fry 
was interested were both executed. Hartsinck's 
" evangelical " piety comes out in the con- 
cluding sentence of this letter : " May the Lord 
be pleased, Madam, to sanction your charitable 
exertions for the souls of the poor unfortunate 
objects of your love, and make you the honoured 
instrument to bring them to the knowledge of 
the blessed Jesus, the Friend of Sinners." 

Jan Casper Hartsinck died on the twenty- 
third of October, 1835, at Forefield House, 
Lyncombe, Bath, and was buried in the Lady 
Huntingdon Burial Ground. A correspondent 
says that " His Excellency was always famed 
as a decent man " : the truth can lie not far 
from this mild ascription of praise. 

His youngest sister, Cecilia, married as her 
first husband Charles, Baron de Haren, and as 
her second Jacob Alexander, Baron de Spaen, 
Lord of Ringenburg. Baron de Haren died 
when his only child, Charles Frederick Sigis- 
mund de Haren, was a few months old. The 
latter at twenty-two was aide-de-camp to his 
uncle, General Willem de Bylandt, and behaved 
admirably under his baptism of fire, two days 
before his death, at Quatre Bras. A cannon- 
ball closed his promising career at Waterloo, 
on the day of the great victory. It was of him 
that the Princess Dowager of Orange said : 
" Perhaps he was too good for this world. God 
must have wished to take him to Himself." Had 
he survived the battle he was to have been 
decorated with the Military Order of William. 
The Chancellor of that Order assures Madame 
de Haren of this, and adds " that her boy is 
mourned by an adored Prince and a gallant 


army." He was mourned still more, in proud 
sorrow, by every member of his own family, 
whether nearly or distantly related. 

Enough of the Hartsincks in general. They 
were men, and women, of action, who in several 
cases showed also that they knew how to bear 
up bravely in adversity. 


My Father's Parents 

John, eldest son and second child of Thomas 
Day IV., of Englesbatch and Mary Alice Flem- 
ing, was born in 1779. In his tenth year he 
was entered at Sedgley Park School near Wolver- 
hampton : at that date the great, if not the only, 
Catholic School. In Captain Day's last diary, 
under date December 1, 1838, there is the 
following entry : " This day fifty years my kind 
father took me to Sedgley Park School " (0) A 
presentation prayer-book, in which the in- 
scription is dated 1791, reveals the fact that 
at the opening of the Wardour Castle chapel in 
that year he rilled the office of mitre-bearer to 
the Bishop. He was twenty-eight when by the 
death of his father he inherited Englesbatch. 
He dearly loved it and all its associations, and 
has left many affectionately detailed memor- 
anda concerning it, including the date and 
circumstance of the planting of many of its 
noblest trees. 

" The tree in Sydland Mead planted by 
Aunt Martha, raised from an acorn. The 
wall-nut in the Hayside near the rick yard 
planted by my mother . . . and the one in 
Phelps' orchard near the garden by my sister 
Fanny, over the spot where the old horse 
was buried a few years before . . . the same 



was one of the two my father and self rode 
from Sedley Park School in 1789, I being only 
nine years old. I rode him four years as my 
troop horse in the Bath Volunteer Cavalry. 
He was a favourite of my father's. . . . 
The three Chesnut trees in the land were 
planted about 1815 or 1816 by my brother 
Sam and sisters Martha and Susan, the centre 
one by Sam ; the trees in the Pump near the 
Furlong by my sister Susan the day she 
became of age. . . . The oak tree near the 
hedge about half-way down Sydland Mead, 
and nearly opposite the old gateway into 
Durnet's, was planted an acorn by my grand- 
aunt Martha, first in their garden. ..." 

The old germs of a military vocation, dormant 
on both sides of the family for some time, 
developed notably at this stage of its story. 
John Day V. joined while young the Bath 
Volunteer Cavalry, and remained in it for 
several years. William Day, his brother, who 
died aged twenty, was an Ensign in the Bath 
Volunteer Regiment. In 1803 John became an 
Ensign in the 49th (or Hertfordshire) Regiment 
of Foot, in which, two years later, he was 
promoted to be Lieutenant, and in 1813, Captain. 
He tells us that at the time of his death of his 
brother William, November, 1806, and of his 
father, January. 1807, he was with his regiment 
in Canada ; but of this first visit to Canada I 
find no further record. This would have been 
a year or two after he became Lieutenant. In 
July, 181 1, he took command of the 49th 
Regimental Depot at Hertford. A year later 
we rind him marching from Dublin in command 

52 JOHN C. F. S. DAY 

of forty-four volunteers, two sergeants, and two 
corporals, to escort them to the Isle of Wight. 
After the landing at Liverpool they took the 
following route : Coventry, Shrewsbury, Wor- 
cester, Gloucester, Marlborough, Southampton, 
Cowes, Newport : two hundred and thirty-two 
miles in all. The allowance to the officer for 
marching this detachment amounted, at six- 
pence a mile, to £5 16s. The passage-money, 
going and returning, was £3 8s. 3d. One man 
died on the journey ; and the sale of his jacket 
and breeches covered the payment of a loan of 
four shillings to the corporal, with a shilling to 

In June, 1802, war was declared by the 
United States against Great Britain. In March, 
1814, Captain Day was ordered to Canada, 
where he was to spend a not very eventful 
year, embarking at Portsmouth on the transport 
" Phoenix." Out of a party of seventeen 
officers on board, nine were of his own regiment. 
" Off Cork saw an immense fleet come from the 
cove like bees from a hive. Sent a letter to my 
mother by the pilot." There were several gales, 
in one of which the sails were shivered, the jib- 
boom carried away, and men blown from the 
yards. There are some touches of natural 
history : e.g., a fortnight after leaving Cork " a 
woodcock hovered round the ship, but did not 
alight." It was forty days before they sighted 
Newfoundland : " a cold, inhospitable sight of 
snow and ice." Captain Day joined his own 
regiment, the 49th, at Isle au Noir near La 
Colle, which General Wilkinson had just failed 
to capture, and from which lie retreated to 
Plattsburg. The 49th were known among the 


Americans as the Green Tigers,— a tribute by 
the victors to their courage. Shortly after 
their landing, we rind indications, in the entries 
for June and the following month, of slight 
engagements at Odeltown, in which some Indian 
and Canadian Voltigeurs (Light Infantry) lost 
their lives ; but the Yankee losses outnumbered 
them. An allusion is made to the mistaken 
tactics of the Governor, Sir George Prevost. A 
note is made by the diarist on " the pretty 
effect of the choir of bugles sounding," and it 
is recorded much later how he goes skating, 
and sees " a great number of porpoises, as 
w bite as snow " ; and how one man in November 
was frozen to death, Captain Day himself a 
little later having his face and right hand frost- 
bitten, on the eve of " the coldest day I have 
ever felt : thirty-one degrees below zero, January 
31st, 1815." The diary proves him to have been 
most dutiful in writing to his mother. Impaired 
in health, he departs from Quebec late in May 
on the transport "Sea-horse." On June 25th 
he is informed by the Commodore that England 
is at war with France ; and two days later he 
discovers that Bonaparte has gone to the Army 
in Flanders. It is not till the evening of July 
5th that he hears of " a general action and of 
the arrest of Bonaparte." Next day they learn 
from the " Perseus," a ship-of-war, further 
particulars of the great battle, for which he had 
arrived just too late. He must have felt that 
his soldiering had been rather luckless, though 
by no fault of his own. On July 9th the laconic 
entry is " Sent for Port Wine." A month after 
Waterloo has been fought and won, the " Sea- 
horse " passes the Nee<lles with a beautiful 

54 JOHN C. F. S. DAY 

breeze. In October Captain Day leaves his 
regiment at Weymouth, and proceeds via Lon- 
don, Colchester, Flushing, Antwerp, straight to 
the historic battlefield, which by his marriage 
nine years later was to be invested with a fresh 
interest of a more personal character. In 1819 
Captain John Day retired on half-pay, aged forty. 

Where did he first meet her who was to 
be his all-beloved wife ? Was it in the Bath 
Pump Room, or the Assembly Room, or 
comin' thro' the rye, or coming out of church ? 
No document at my disposal enables me to 
answer these fascinating questions. But this 
seems to be the place in which to give some 
account of Emilie Hartsinck. 

The first official act recorded of my grand- 
mother, after her birth in Holland in 1790, is 
that after three years' residence in Hamburg 
with her father and mother and her good nurse, 
Anne Silk (then aged twenty-four), who was to 
discharge the same office for her children, she 
signed in big handwriting, in the year 1797, the 
passport entitling the party to repair to England. 
Twenty years later she goes to Holland on a 
long visit to her Dutch relations, and amuses 
them by her endeavours to speak the language 
of the country. They give her great hopes that 
she will succeed, without serious difficulty, in 
mastering the mysteries of her native tongue ! 
She was probably not more than fifteen when 
her mother and herself decided to embrace the 
Catholic religion. As the Abbe Valgalier set it 
down in his " Wishes " in 1836, that he was 
Mrs. Hartsinck's chaplain thirty years before 
the date of writing (and the context would 
imply that he was then newly exiled from 


France) this makes it certain that Mrs. Hartsinck 
and Emilie must have become Catholics not 
later than 1805-6. We possess a Garden of the 
Soul which belonged to the latter, with her name 
on the fly-leaf : " Emilie Hartsinck : Given me 
by my dear mother," and the date " 20th July, 
1805." Evidently Emilie, like her father, took 
religion seriously. Abroad, she finds herself out 
of sympathy with several of her kinsfolk, not 
only on account of the difference in belief, but 
also, and more so (and this unfortunately 
applied to some of her less closely-related 
Catholic cousins), on account of their worldli- 
ness, and inability to dwell at all on the solemn 
issues of life. " I like them all ; but this I must 
say : there is more unison in M. van den Velden's 
ideas on the most important of all subjects ; 
and this is a link even stronger than gratitude." 
After deploring in a letter to her " dearest dear 
Father " the low ebb of religion in the neigh- 
bourhood recently devastated by the Rhine in 
flood and threatened with a further deluge, she 
passes on parenthetically to give a commission 
for the buying of ribbons to match gowns 
brought with her from England ; but farther 
along she does not hesitate to tell her ultra- 
Protestant parent that " she creeps out early 
of a morning to hear Mass, and has the happiness 
of practising her religion as comfortably as in 
England." This last extract is from Utrecht. 
Perhaps her father may have scolded her for 
spending money too frreely. At any rate she 
writes : " I thank you for speaking candidly to 
me on this subject, for I had rather at any time 
be told of my faults than think that my Father 
did not love me enough to tell me of them. If 

56 JOHN C. F. S. DAY 

I am to be presented at Court, this will again 
very considerably augment my expenses." It 
was decided that she should be presented, and 
the Princess Mother and the Duchess of Bruns- 
wick amiably remarked that it was evident that 
she was no impostor, as " I was so like you, and 
at the same time recalled my Mother to their 

On January ist, 1818, Emilie writes from the 
Hague that she is " immersed in Fashionable 
Life, but not, I can safely say, in gaiety, for the 
heart is but ill at ease in the midst of such 
dissipation ; and though I am not wiser or 
better than my fellows, I have tasted another 
sort of pleasure; and all these, I assure you, 
only make me feel delighted that I am not by 
situation doomed thus to spend all my life." 
It peeps out between the lines that the conduct 
of some of the royalties is not very edifying ; 
but " pour riionneur de la patrie " this is not 
to be repeated. By the end of January she had 
a bad cold which " unhinged her stomach for 
some time." Her aunt's doctor, a believer in 
alcohol, orders her some generous burgundy, and 
the obedient girl submits gracefully to the 
treatment. Even though it is Lent (this item 
of news is from a letter dated March, 1818), 
she is obliged to go to a ball in honour of Prince 
Frederick's coming of age. When she returns 
to the Hague after a short absence, some of her 
relations seem distinctly less cordial. After 
recording the fact, she adds what will to English 
readers be a grateful admission : " After all, I 
begin to think that John Bull is still the best. 
However, nothing can exceed the kindness of 
my near relations, and I may truly say ' Je les 


aime de tout mon coeur.' " In a letter later in 
the month she writes : " Last week I remained 
quite alone at home, and spent it much to my 
taste, and this week, too, is to be passed in 
retreat, as it is Communion in all the churches " : 
a touch of Jansenism indeed, but not altogether 
unpleasing. Shortly after, her aunt Cecilia, wife 
of Baron de Spaen, " sets forth, by her phy- 
sician's orders, for a tour of five months. I 
trust it will be of essential service to her poor 
nerves." So it would seem that " nerves " are 
not of such recent introduction as some would 
suppose ; and we may fairly safely surmise that 
this is the same large-hearted medical man who 
prescribed the burgundy. She asks to be 
remembered " to her good Sussex friends." 
She would write to Mary from the Brink, " but 
I have little chance of sending letters free from 
there, and I do not think mine worth her paying 
so much for." In Holland, according to her 
experience, " neither are the bedsteads so com- 
fortable nor do they make beds half so well as 
they do in England." Nor has she much praise 
for the Gelderland roads. " We have shocking 
roads here, Sandy Seas ; so there is no driving- 
out. We were nearly eleven hours coming 
forty miles, the other day ! " An uncle and 
cousin are to escort her home in July, and she 
hopes to profit by Miss Hankey's hospitality on 
arriving. After the loss of her mother, she has 
often little company but that of the good Abbe 
ValgaUer, who regards her as his adopted 
daughter ; and yet she tells her father at Chiches- 
ter, she apparently writing from Bath, that she 
docs not find time at all heavy. And for- 
tunately she has inherited her mother's love of 
a garden. 

58 JOHN C. F. S. DAY 

But soon her solitude is to be invaded. Cap- 
tain Day is about to appear upon the scene. 
Certainly, as their letters show, religion soon 
began to be a strong bond between them. And 
I can do no better than to allow a few extracts 
from these early letters to tell of their wooing 
and their wedding. 

In Dutch fashion she usually addresses him 
by his surname : " Dearest Day." Here is a 

" Feeling so perfectly happy and contented 
without you. . . . Now I will leave quizzing 
aside, for, believe me, I am too seriously 
anxious that we should make the best possible 
preparation for the great undertaking we have 
in view. I have half a mind to tell what the 
Abbe in his wickedness purposes to inform 
you of. Why ! I was such a fool, I sobbed 
for an hour or more, so as to relieve my heart 
a little, on Tuesday evening, from the heavi- 
ness that oppressed it. I hope you felt some 
of the gloom we experienced, for though the 
Abbe rallied me, he ended by crying too, when 
he saw how foolish I was." 

Then she tells how she is trying to arrange for 
a few days at Spetisbury Convent with her 
future sisters, of whom mention has been made 
in Chapter I. She has also a plan for being 
driven by Mr. Hutton to " Con." (Confession) 
next week, spending Sunday en retraite and 
returning to Weymouth on Monday. " What 
does my lord say of this scheme ? I hope he 
approves of it." She envies his superior happi- 
ness in " going " (i.e., to Communion) this week. 


And then, in sudden contrast natural to her 
quick character, she speaks of more mundane 
matters. Her Aunt Angerstein is well disposed 
towards the marriage, in spite of the fact that 
John Day is untitled and far from rich ; but the 
second Mrs. Hartsinck does not appear to have 
been quite so amenable. At any rate she 
recommends delay. This gives Emilie the 
opportunity of reminding stepmamma that she 
did not follow that counsel of perfection, if it 
be one, in her own case. " I tell her, too, that 
we are neither of us impassioned enough now, 
before marriage, to dread the sad effects which 
she so feelingly deplores of honeymoons : in 
short, I have given her a good rub, as well as an 
exact account of your famity, even of every 
member of it, that they may not say I keep 
back any one circumstance." 

The next letter, September 25, 1824, begins 
as follows : 

" What shall I say to my Friend, to my 
beloved John, that he has done all that I 
wished and even more than I could have 
hoped ? God grant you, my dearest Friend, 
the full reward. . . . What will my dear Day 
say when he hears that his Emily has been 
doing all to break her neck ? This is, how- 
ever, the case ; for my favourite being out, I 
persuaded Hutton to let me mount the fine 
chesnut mare you once rode ; and off I 
galloped to Portland and back again. . . . 
I send this in a basket to Daddy with a huge 
envoy of lobsters and prawns, to try and 
soften him down, thus making him the cats- 
paw to draw chesnuts out of the lire." 

60 JOHN C. F. S. DAY 

She wishes him to make known their engage- 
ment to Miss Huddleston, the de Sommerys, 
Englishes and other Bath friends, " to spare me 
the blushes of presenting you as a lover." This 
time, apparently, he is making a short retreat, 
referred to by the matter-of-fact designation of 
" your little job that must not be disturbed." 
A few days later, she postpones the pleasure of 
reading a letter from him till she had finished her 
Sunday morning duties. " The Abbe and I are 
quite of opinion that if you care to come back 
and be a good boy, we shall be quite delighted 
to see you next Tuesday." She is sure he will 
approve of an enclosed letter from Uncle 
Boucherett, who will be the man after his own 
heart. " You will eat your goose with us on 
Wednesday, which will be the height of luck. 
I and the Abbe are not quite well ; so come and 
and nurse us both." 

In six weeks' time, on the 8th of November, 
1824, the two were duly wedded at the Catholic 
Chapel, and subsequently at St. James' Church, 
Bath, Emilie's father and stepmother being 
among those present. They were not in their 
first youth, John Day being forty-five and 
Emilie Hartsinck thirty-four. Twelve concor- 
dant and most happy years began for them on 
that day. They were bound together by their 
love for each other and for the three surviving 
boys with whom their union was blessed. 
Although amiable and gentle on one side of her 
character, Emilie could be masterful ; and, 
according to one witness, would at times wax 
somewhat impatient with her husband, owing 
to his calmer disposition. There are certainly 
traces in her very graceful portrait of an im- 
perious will. 


Her first child, John Charles, was born in 
1826, at the Hague ; in 1828, at Bath, his brother 
next in age, William Henry ; in 1831, Edward 
Augustus, who lived only five months ; and in 
1833, Edward Cecilius Hartsinck, youngest child 
of John and Emilie Day. The last named kept 
up a faithful and animated correspondence with 
her numerous Dutch connections. An amusing 
anecdote figures in a letter received from 
Holland in October, 1830, the writer bearing the 
melodious name of de Tuyll van Serooskerken. 
(p) It seems that Baron Jean of that tribe had 
a second wife, who, like so many Dutch ladies, 
was a keen lover of porcelain. When at a tea- 
party one of her best cups was broken, she 
fell into a paroxysm of grief, which to the male 
mind seemed scarcely justified by the occasion. 
Her husband at length exclaimed, in the 
tenderest tones : " My love, I cannot bear to 
see you miserable : this must not happen again," 
therewith emptying the tray, with all its lovely 
china, into the street below ! 

In March, 1831, a month before the birth of 
her short-lived third son, Emilie, " feeling it 
not at all unlikely that it may please Almighty 
God to call me soon out of this world," writes 
a long testamentary letter to " my very dearest 
Day." She suggests as guardians for little 
John Charles and William Henry, Captain Day's 
two unmarried brothers and Mr. John English 
of Bath, " with an earnest request they will 
more especially attend to their religious and 
moral education." She leaves bequests of some 
little remembrances to her sisters-in-law, Mary 
and Fanny Day, to her aunts, and Boucheretts, 
Newdegates, de Spaens, van den Veldens, and 

62 JOHN C. F. S. DAY 

others. " To my dear good Silk " nice gowns 
that can be useful, and £10, " recommending 
my poor dear children to her maternal care, and 
I trust her to your friendship and care." Be- 
quests for Masses follow, and legacies to friends 
and dependents ; then : " Accept now, my 
dearest Day, the fervent thanks of your dying 
wife for the tender affection, support and 

patience you have ever shown me I 

most humbly implore you to pardon my many 
faults and sins in your regard. . . ." But she 
who wrote thus touchingly to her husband wa? 
to survive for five more years. 

We have in this same letter the following 
affectionate reference to Emilie's father and 
stepmother, Matilda Hartsinck, nee Hankey. 

" With respect to my most beloved father, 
I leave it to your kind heart to offer him and 
dear Matty anything they could wish to have 
[of mine], and all the affectionate attentions 
you have ever shown them and always urged 
me to show. Teach our children to love and 
honour them and to pray for their conversion. 
Tell mv father it was my very first and last 
prayer that the Almighty may grant him this 

On December 5th, 1835, she writes her last 
letter from Great Malvern " to her beloved Day ' 
at 3, Henry Street, Bath. She recounts the 
progress of the illness which had caused her 
to go away without him to Malvern. Mr. Lewis 
the doctor, hopes that in a month she may be 
able to be in her much-loved garden again. 
She praises some physic recommended by her 


Bath doctor, Mr. Hay. The old Abbe Val- 
galier is looking ill (q) but she thinks it is mainly 
owing to anxiety about her health. ' Cecilius ' 
(her youngest child, not yet three, called here 
by his second name) "is a perfect love, not 
at all troublesome or noisy. The two other 
boys have written to say their holidays begin 
on the 21st, and hope you will come and fetch 
them home. Our garden is quite beautiful." 
On the last day of the year she became dan- 
gerously ill. Her husband came ; and on New 
Year's Day, 1836, arrived the Rev. Mr. Rigby, 
S.J., who slept under that roof the following- 
night, and gave my grandmother Holy Com 
munion and Extreme Unction. In his old age 
this good priest told me of his visit to Malvern. 
He looked then even younger than he was, and 
the patient hesitated about making her con- 
fession to a mere boy : but she soon overcame 
this difficulty, and according to Fr. Rigby's 
account, " died like an angel." Her husband's 
memorandum tells us that " she passed away 
on January 12th, having been perfectly resigned 
to the Holy Will of God, and in a very happy 
state, for the last twelve days." With her ended 
the direct line of the Hartsinck family. Her 
will left detailed instructions as to how poor 
men and women were to take part in her obse- 
quies, and to be duly rewarded for this last 
service to her who had always been so charitable 
to them. Her brother-in-law, Samuel Day, in 
a letter to his sister Fanny mentions a few 
particulars as to the funeral. The three priests 
who took part in the ceremony were Rev. Messrs. 
Rigby, Winter, and Berington, the interment 
taking place at Little Malvern where is the 

64 JOHN C. F. S. DAY 

Berington estate. Mrs. Day and Mrs. Berington 
were attached to each other, but the latter had 
never known the former's maiden name. On 
the morning of Emilie's death, Mrs. Berington 
is credibly said to have heard a voice whispering 
the words : " Pray for the soul of Emilie Hart- 
sinck." Soon after, she heard of the passing 
of her friend and neighbour, and obtained the 
clue to the mystery. His uncle says that " John 
bears up much better than I had expected. 
The boys are delighted at the idea of going to 
Batch in the summer, which their father has 
almost promised them shall be the case if they 
behave well." Henceforth Captain Day has to 
do his best to be father and mother to his boys, 
for which his painstaking, firm, and kindly 
nature seems to have qualified him better than 
the generality of men. 


His Early Years 

From the Hague, on June 20th, 1826, Captain 
Day wrote to the Abbe Valgalier the following 
bilingual letter which, had it been submitted 
to a schoolmaster, would have been decorated 
with several red or blue pencil-marks : 

" Je suis bien heureux de pouvoir vous 
annoncer que ma chere Emilie est heureuse- 
ment accouche ce matin, sur le onze lieur, 
d'un Fils (Son) et, thanks to the Almighty, 
son! tous les deux likely to do well. . . The 
child was born about eleven this morning, 
June 20, 1826. I have no experience in 
children before they are some months old ; 
but they tell me he is a fine healthy boy, 
with every appearance of doing well. The 
father and mother are highly delighted with 

" It " is the subject of this memoir. 

A longer letter begun by Captain Day on the 
morning of my father's birth and concluded 
in the evening, gives some further particulars 
about that event. "The Boy seems delighted 
to have an opportunity of stretching his arms 
and legs. They say he is a fine large strong 
child and perfectly formed, and I must confess 
I am well inclined to believe /every word they 
say on the subject." The portion added to tli<; 
letter later in the day informs the grandfather 

65 E 

66 JOHN C. F. S. DAY 

Hartsinck, addressed as " my dear Daddy," 
that all is going well. " The young Hero is 
already baptised. There is no deficiency of 
names, I trust. Your amiable sister gave all 
the names of her late son, viz : Charles Frederick 
Sigismund, and I stuck up for yours and mine 
being added to the Party." The extreme 
promptitude with which the child was christened 
was certainly in sympathy with what he would 
have wished himself in later life, and prophetic 
of his own attitude of mind in such matters. 

My father once recounted to me an absurd 
infantile adventure of his which consisted of 
visiting an ale-house kept by a Mrs. Popinjay, 
in the neighbourhood of Englesbatch. Bringing 
a tiny brother to witness and admire the fun, 
John Charles entered, saluted the hostess, and 
made the following speech : " Good-day, Mrs. 
Popinjay ; and how is your tap to-day ? " 
No doubt a hasty retreat terminated the per- 
formance ! 

Captain Day's children lost their mother in 
the early days of 1836, when they were res- 
pectively ten, eight, and three. In October their 
heart-broken but steadfastly unselfish father 
made his will, and there are reasons to suppose 
hi? health had begun to fail, though he does not 
set down " first symptoms of consumption " in 
his diary until the spring of 1838. 

Oscott, near Birmingham, was my father's 
first School. We have a letter from his father 
addressed to him there when he was eleven. 
The writer intends it to be shared between his 
two elder boys, John and William (he calls them 
always by their second names, Charles and 
Henry), and instructs the recipient at Oscott to 


forward the letter to his little brother at Mrs. 
Richmond's School, Walsall. 

11 I wrote to Walsall only a few days since, 
and doubt not, my Charles, but you have 
ere this had the perusal of that letter. I now 
write to inform you of the death of your 
grand-aunt Boucherett. . . Both you and my 
Henry will nut fail to think in your prayers 
of one who was a kind and sincere friend 
of your poor dear Mama. You may both 
wear black clothes for six weeks. . . Edward 
is in high favour with Lady Newburgh [god- 
mother to William Henry, his elder brother] 
who may call on you at Oscott. . . I am 
not decided where to winter. . . Edward 
sends love to both his brothers, as does also 
Miss Silk [the nurse] and the Abbe ' ses 

The country-folk around rejoiced when " the 
boys " were at Englesbatch for their holidays, 
and recognised in John Charles the leading 
spirit. Such is the testimony of an old labourer 
who in those days was star tin!', life as a " bird- 

In Captain Day's next letter, written from 
Torquay a year later, there are more definite 
indications of failing health. 

" I hope that you and my little Henry will 
think of your father in your prayers. I shall 
probably direct the next account of my health 
to him, and he must transmit it to you. 
Your little brother is as gay and lively as 

68 JOHN C. F. S. DAY 

ever. . . I hope, my dear children, you 
will pay particular attention to your religious 
duties, and never omit any part of your 
morning or evening prayers. For, after fifty 
years' experience, I can assure you, the most 
certain way to obtain happiness even in this 
world, is by serving Almighty God faithfully. 
. . . P.S. — My little boy begs his kind love 
to his two dear brothers." 

In a letter written a fortnight later to his 
brothers Tom and Sam he speaks reproachfully 
of himself for not having given them the good 
example that he should. 

" If twelve months ago anyone had recom- 
mended my reading and studying the Cate- 
chism, I doubt not but I should have felt 
offended, and thought the proposal an indig- 
nity. Having undertaken to teach it to my 
little boy, I am pleased at its utility as regards 
myself, and w r ould especially recommend the 
chapter on ' The Christian's Daily Exercise.' " 

My father has told me that when he was a 
boy in Bath his father was summoned to Bristol 
in his military capacity to quell some disturbance 
there j it is likely that this was a Chartist 

A few items relating to my father's boyhood 
may be culled from Captain Day's last diary, 
1838. John Charles was then twelve ; his good 
and dear mother had been dead for two years. 
Captain Day, having obtained a prolonged leave 
of absence from the Secretary for War, took 
his two elder boys abroad with him. 


July 22. Embarked with C. and E. on Batavia 

for Rotterdam, etc., to take waters 

at Kissingen. 
Aug. 4. Mynheer Kaufman came to give the 

children lessons in German. 
Sept. 3. Buy a pair of bay geldings (carriage 

previously bought). To Munich, 

Inssbruck, cross Brenner, to Botzen, 

Verona, Modena, Bologna, Florence, 

Sienna, Rome, (r) 
Oct. 22. Signor Pucitta began to give lessons 

in Italian. 
Nov. 5. Took my son J. C. to the Bandinelli 

College, twelve boys : eight Tuscan, 

four English. 
Dec. 26. Fetched Charles (that is, J. C.) to 

dine with us. Was well pleased with 

my two sons. 


Feb. 5. Drove in the Corso and then saw the 
horses run. The Bandinelli boys saw 
from the Palazzo Ruspili, then occu- 
pied by the Queen of Sardinia. 

May 1. Examination at B. College. Charles 
acquits himself very well : turned 
the Latin into Italian as fluently 
as anyone. 

May 14. Bring C. from B., visiting Tivoli, 
Florence, Bologna, Modena, Parma, 
Lodi, Domodosola, and crossing Sim- 
plon to Vevay and Fribourg. The 
Rector of Fribourg Jesuit College 
consents to take C. at his junior 
establishment at Estavayer on Lake 

70 JOHN C. F. S. DAY 

June 8. Took my son C. to Junior College 
of Estavayer. Six leagues. 

Sept. ii. Had the pleasure to see my son C. 
at Estavayer, looking well and com- 

Sept. 16. Took leave of my son. Go to Nice, 

1840 : 

Apr. 28. Got to Estavayer and had the happi- 
ness to find my son well and con- 

June 23. Got to Bath at 5, Englesbatch at 7. 

Sept. 22. Estavayer. Find C. well. 
,, 29. Edward much distressed at parting 
with his brother. 

1841 : 

May 19. Estavayer. Saw my two oldest boys : 
both well. 

May 21 Start at 8 with my three sons on a 

June 16. Charles 73 lbs. Henry 69 lbs. Ed- 
ward 39 lbs. 

July 22. Englesbatch again. 

1842 : 

July 14. Englesbatch. Happiness to find my 
children well. 
Apr. 17. Charles the fust in the College at 

These short extracts will show that a varied 
schooling was provided, supplemented by travel, 
under circumstances calculated to impart to it 
real educational value. My father ahvavs prized 
this element of catholicity in his earlv training, 
and in later life always sought to maintain and 


increase it in himself and in his children. When 
introducing us to foreign countries and peoples, 
he made a point of dwelling on their good and 
interesting features. The insular attitude of 
despising Continentals found no sympathy with 
him. A true Englishman from childhood to 
old age, he claimed for England no monopoly of 
good qualities, and was ever eager to learn from 
the foreigner. Yet he several times told me that 
the dietary at Estavayer was not altogether 
congenial to his stomach. A form of potato 
soup which he spoke of as " skilly " was too 
prominent on the daily menu. This, or other 
causes, resulted in an illness, in 1841, of a 
serious nature. When leaving after a short 
convalescence and walking by the side of the 
road one evening, not far behind the diligence, 
he had the disturbing impression of being 
accompanied by an uncanny black dog. This 
is the only " spookical " experience ever alluded 
to by him. In other respects his memories 
of this Swiss alma mater were all bright and 
pleasant, and he kept up a friendship with one 
of his masters for many years after. 

In September, 1841, Pere Chappuis, the 
Superior, writes nicely to " My dear Friend." 
He hopes the two younger ones will study well 
and play well. He says nothing of John's 
future, being convinced that his correspondent 
" will always hold the first rank." If he is al- 
ways as he was when with them, God will heap 
blessings on him. An enclosed certificate testi- 
fies that he worked with first-class diligence, 
and that his progress was such that great hopes 
were formed of him ; and that he was equally 
distinguished among his schoolfellows for his 

72 JOHN C. F. S. DAY 

morals, his piety towards God, and his reverence 
towards his superiors. Another enclosure certi- 
fies that he was a fervent member oi the Sodality 
of the Blessed Virgin Mary, and that he was 
found worthy by his fellow-Soda lists to be 
elected the First Assistant of the Sodality. 
In this document he is styled " John Baptist 
Day." This is of course an error. Although 
in sympathy with the uncompromising char- 
acter of the Baptist, the Evangelist was always 
his special patron. 

The last three or four years of John Day's 
schooling, which were passed at the Benedictine 
College of St. Gregory, Downside, Stratton- 
on-the- Fosse, near Bath, introduced him pleas- 
antly to monastic life. The only disagreeable 
feature associated with that period seems to have 
arisen from some collision between the English 
and the Irish boys. Perhaps neither side was to 
blame, perhaps both were ; but if in later years 
my father had any anti-Irish prejudices (and 
it would be untrue to deny the accusation 
altogether) they may be partly ascribable to the 
memory of this juvenile episode, of which no 
particulars survive. It was at Downside that 
he prepared for his B.A., as the Universities of 
Oxford and Cambridge, to his great regret, were 
at that time inaccessible to Catholics. He was 
a keen student (one of his contemporaries 
mistakenly predicting that he was " cut out for 
a life of studious leisure ") and was privileged 
to continue his studies by candle-light in his 
cubicle, to the accompaniment of his comrades' 
snores. He always retained an affectionate 
memory of Downside, and delighted to revisil 
this lovely monastic home. His name may be 


seen on the framed list of Christmas Kings, 
figuring as John I. 

The following is a letter from Edward ad- 
dressed to John Charles Day, Esq., Downside 
College, near Bath, intended for him and his 
brother William, the writer being nine years old : 

" My dear Johne and Bille, 

" I hope you are quite well. I arrived 
Monday evening quite safe. Papa is much 
pleased with you — so am I. I saw at Glo'ster 
cousin Sam, priest. Edward King did not 
come home with me from Walsall this time. 
I shall go to Downside to see you act. Dated 
24, Queen Square, 21st Dec : 1842." 

It is not naturally so free from mis-spellings as 
the printed page might suggest. The " Johne " 
and ' Bille " are retained for their quaintness. 
The allusion to acting provides me with an 
opportunity for saying that it is the tradition 
that John Day was, as a boy, a promising actor, 
excelling in comic parts. Nor will those who 
have heard, and seen, his comic, efforts as a 
barrister or after-dinner speaker, question for a 
momeni the authenticity of this tradition. 
In May, 1843, his brother Edward writes : 
" I am very sorry John cannot come for Whit- 
suntide, though I had much rather see him go 
up to London in glory than fail in obtaining 
the object of his desire." This doubtless refers 
to the London Matriculation, as it ends : " We 
can excuse John writing, as he is studying so 
hard for the University." The following certi- 
ficate fixes the date when he took his B.A. 
" John C. F. S. Day obtained the degree of 

74 JOHN C. F. S. DAY 

Bachelor of Arts at the University of London, 
and was placed in the First Division at the 
Pass Examination," 13 November, 1845, he 
being then eighteen years and five months old. 
This was a glory the " Bachelor " never boasted 
of, being keenly alive to the inferiority in many 
respects of the London University to the old 
residential Universities. Indeed, I have heard 
him speak very modestly, if not unfilially, of 
" Stinkomalee." All his life he retained a 
love for the classics, of which he could quote 
long passages by heart. In the days of his 
prosperity he founded a prize at Downside 
for the " best Grecian." Lucretius was one 
of his favourite authors. 

The last letter from which a quotation has 
been taken abounds in natural history items, 
in which Edward Cecilius took a very special 
interest all his life, and this was evidently 
shared to some extent by his eldest brother. 
In a letter written about this time, his Dutch 
uncle, J. van den Veldcn, assures " his dear 
Charles (or John as he prefers) that he is his 
very affectionate uncle." Another letter, ad- 
dressed by Captain Day from Pisa in Tuscany, 
•5th March, 1842, exhorts Henry, now fourteen 
years old, to make a good and diligent prepara- 
tion for his First Communion. The writer 
hopes that in about six weeks the weather may 
be mild enough for him to commence his journey 
for Germany, where he intends to spend six 
weeks at Kissingen. It will then be time for 
him to return for their holidays. " Have still 
my horses and the same domestique." In the 
autumn of the same year he warns Charles 
against cramping his feet with shoes not large 


enough. He has found Henry's drawing-port- 
folios and pencil-case. " As the drawing amounts 
for the two of you to £16 a year, I hope you 
will apply yourself closely to it, so that so 
much money may not be spent in vain. The 
same remark applies also to your dancing." 
He also reports that the Superior of the 
Downside masters, "Mr. Wilson," had come 
over and dined at Englesbatch. A day later 
he writes concerning a hamper of fruit which 
is being despatched to the two brothers. They 
are to be sure to thank their uncle for the fruit. 
11 It would be well received, most likely, if 
you offered a few apples to your Reverend 
Superior. . . it might also be well to think of 
your Masters. You must take care of the 
basket, as it may serve for another occasion. 
Such apples as may be bruised in carriage, eat 
first j also such as may be begun by the black- 
birds, which are generally the ripest or best- 
flavoured." He expresses himself well-pleased 
with the great improvement in Charles' writing. 
He is staying in Queen's Square, Bath, and 
while congratulating Henry also on writing 
well, he blames him for mis-spelling the address : 
" You did not pay particular attention in 
writing the direction, nor do you seem to have 
read it afterwards : as you have written ' Queen 
Quarge,' which shows a want of thought ; and 
in a direction you ought always to be clear." 
A month later : " Your account, my dear 
Charles, of your examination was not only 
highly satisfactory but extremely pleasing to 
me. I should like to have known the names 
of the first and third candidates, as you represent 
them as pretty close upon each other. If 

76 JOHN C. F. S. DAY 

either of you should be in want of cash to 
make any little purchases before Christmas 
or to settle any little account, let me know, 
and I will send you." In the next letter he 
tells the boys of the death of the widow of 
Major General Robert Craufurd, " whose mother 
was a sister of your grandfather Crokatt." 
He approves very much of Charles' reasons for 
accepting a secondary office in the Court elected 
for the Christmas festivities. Next year John 
Charles was elected King j but the father who 
took such keen interest in his welfare, temporal 
and spiritual, had, on Sept. 3rd, 1843, passed 
away, a victim to a disease the seeds of which, 
it would seem, had been sown in the exposures 
of the Canadian campaign. He was buried 
at Englescombe with his ancestors. He was 
a tall man, over six foot ; and his portrait conveys 
the impression that he was physically a good 
combination of the son of the soil and the 
soldier. Truly, he was loving and careful to- 
wards his own. Those who knew my father's 
private life at all intimately will not fail to 
recognise that he inherited several of his father's 
best qualities. 

The Holidays at " Batch " went on, for the 
parentless boys of seventeen, fifteen and ten. 
They were in a sympathetic atmosphere, and 
plenty of riding and out-door life provided an 
excellent apprenticeship in manly sports. Uncle 
Sam was able to give lessons in the art of car- 
pentering and other useful accomplishments, 
while Uncle Tom, the senior partner, was a 
most competent professor of agriculture. Along 
with this, they were both deeply religious on 
sound, old-fashioned lines. Alban Butler's Lives 


of the Saints were studied daily, and the readings 
were so arranged that if a long Life, or homily 
on a Feast, was foreseen looming on the horizon, 
several shorter ones would be read on one day, 
so that the reading for the greater Feast might 
be duly performed on the eve, or on the day 

Such were John Charles Day's guardians 
after the irreplaceable loss of a good father. 


Marriage and Professional Beginnings. 

In 1845 John Day was admitted as a student to 
the Middle Temple. He "read" with Mr. 
Tatham and afterwards with Mr. Malcolm. 
He had no serious intention of practising his 
profession, nor, after being called to the Bar in 
1849, did he, having inherited a sufficient 
patrimony, practise it for several years. It 
may be of interest to record a circumstance 
which disposed my father's thoughts towards 
the law. As a boy he was present once at the 
Bath Quarter Sessions, and witnessed the ac- 
quittal of a prisoner solely on the ground that 
his name was misspelt in the indictment. In 
some mysterious way this stirred up a sort 
of latent enthusiasm in his breast for a profession 
which could proceed on such strict technical 
lines. Such is the story frequently told by 
himself of his vocation to a legal career. Here- 
dity, through his maternal forefathers on both 
sides, will also have played its part. 

While still an infant in the eyes of the law 
— aged twenty — his thoughts turned towards 
love. Worldly considerations did not enter 
into his selection : and perhaps for this reason 
he did not venture to ask the approval of 
his two confirmed-bachelor uncles. Miss Rose 
Henrietta Mary Brown was a year older than 
himself, the daughter of a Bank manager who 



later was to have a Bank of his own in Rome. 
She had, as a girl of seven, lost her mother, a 
very amiable lady of French-Swiss origin. Her 
mother's sister was Superioress of a convent in 
Switzerland, which Rose, after leaving school, 
visited with the idea, on the part of someone, 
that she might like to stay ; but she did not. 
The marriage took place on October 4th, 1846, 
at the Catholic Church, St. John's Wood, London. 
The anniversary of this most happy event was 
celebrated with joy by all concerned for close 
on fifty years. My father's instinct had led 
him to choose for his own one who would always 
be absolutely true and loving to him, and to his 
children an ideal mother. In spite of delicate 
health, she reared a family of thirteen, eight 
boys and five girls, (s) devoting herself body 
and soul to their welfare, and lavishing on 
them constant proofs of her affection and self- 
sacrifice. The home was her queenly domain, 
and she superintended every department of it, 
attending personally to each detail that could 
minister to the comfort of her family, radiating 
a sweet influence of mingled gentleness and 
firmness, the former ever predominating, which 
kept us all united. 

A few letters which must have been mosl 
precious to my father throw some pleasant 
rays of light on the early years of their married 
life. In one, dated June n, 1847, it appears 
that he had gone tor a short change to Boulogne, 
with a view to throwing off a cold. As for years 
he was a victim to severe hay fever, it may be 
shrewdly suspected that it was this enemy, 
not yet perhaps diagnosed. This letter contains 
also a cryptic allusion to New Zealand, which 

80 JOHN C. F. S. DAY 

suggests that the thought of visiting that 
colony had occurred to my father's active mind ; 
but his wife's home-loving instincts opposed 
the scheme. She does not hesitate to stig- 
matise New Zealand, most undeservedly, as a 
" detestable place " ! In the autumn of 1849 
she forwards to him at Galway, The Times, 
knowing that he values his paper almost more 
than anything in the world. A few days later : 
" Have you had occasion to use your water- 
proof clothing ? I was going to say I hope so, 
for I know with what pleasure my poor dear 
husband would walk through the pelting rain 
so well protected." This conjures up to those 
who knew him one of his outdoor character- 
istics, to which the genius of Lockw T ood would 
have done full justice in a thumb-nail sketch. 
In August, 1850, the wife writes from Boulogne, 
dissuading her John from bringing across the 
Channel a horse that would be sure to give 
trouble. In this note she facetiously styles him 
" His Excellency." Their relations, though 
most tender, always allow scope for some good- 
natured teasing. " You ask me why I do not 
prepay my letters. I also wish to know the 
cause of your not doing so. I have scarcely 
done anything else since you left but pay postage 
from early in the morning till late at night." 
The next letter in the same year may be quoted 
textually : 

" My dearest Husband, 

" Although the agreement between us 
was, I believe, to write to each other every 
other day, and I am in a great hurry to go 
with the children to bathe, I cannot do 


without first scribbling a few lines to my 
own dear good-for-nothing husband. What 
day may 1 expect you ? I long for your 
return. " I am going to take you into training : 
1 am succeeding so well with John [their 
second child] that I intend trying the experi- 
ment on you ! First, then, I shall forbid any 
holloaing, shouting, or any disturbance of 
any kind. Quiet shall be the order of the 
clay. What do you say to that ? You 
would be surprised to find how much more 
comfortably things would go on with less 
fuss and confusion. I like to lecture you a 
little bit in a letter, because at least I am sure 
of being heard. Adieu, my dearest husband. 
Your excellent wife, Rose." 

This reveals what those know well who en- 
joyed his friendship forty or fifty years ago : 
that he was endowed with an abundant supply 
of animal spirits. And we can quite read bet- 
ween the lines, and readily believe, that he 
would not easily have realised that weaker 
nerves needed more rest and quiet. The next 
letter, two days later, has a postscript which 
shows that the children loved their father : 
" Baby has been calling ' Pa ' all the morning ; 
it is so pretty to see her peep her little head into 
the back room, in expectation of finding you." 
Indeed, the united testimony of the first half 
of the family is that he was wholly devoted 
to them and most companionable with them. 
And the second batch would need to modify 
this statement only slightly, because he was a 
little older as the last half-dozen came along, 
and much more absorbed in the increasing 
demands of Ins profession. F 

82 JOHN C. F. S. DAY 

After the first few years of unclouded skies, 
a period of anxiety and financial shortage had 
to be traversed. Towards the end of 1850, 
allusions in the letters show that he was busying 
himself with some hope of a fortune, in con- 
nection with Welsh mines. His letters to 
my mother were unfortunately all destroyed, 
along with other papers, after her death. But 
her letters throw out hints of what was in the 
air, and give evidence of her superior prudence 
in this matter of speculation. " Why on earth 
are you advertising for an agent ? before the 
thing is even commenced ! You completely 
puzzle me." Several letters are addressed to 
Victoria Hotel, Llanberis, Carnarvon. There 
is question as to the value of a quarry, and 
whether or not it should be taken. But the 
business is not so absorbing as to prevent a visit 
to Ireland for wild-duck shooting, on which 
he had set his heart. "I do not look at the 
pistol-case with the same feelings of security 
as I did when you, my own dear husband, were 
by my side." She asks now for daily letters. 
These were presumably the days of the garotters, 
of which souvenirs and legends persisted into 
our later family history, when such dangers 
had completely disappeared. The result of 
the Welsh mine or quarry seems to have led to 
the loss of the bulk of the fortune which John 
Day had inherited. He was now thrown on 
his wits. No doubt this, at the time, must have 
appeared to be a disaster and a catastrophe ; 
but the more long-sighted would have foreseen 
that it would prove a blessing. 

The precise duration of the period of struggling 
and striving cannot be fixed. There is no 


letter at or after the crisis which throws any 
light on the subject. The first entry in the 
fee-book is for 1855 : — £200. With an increasing 
family and decreasing credit, this was scanty 
provision. In another rive years it is £360, 
and by the time that the youngest child is born, 
1866, it is about £2,000. If we assign ten years 
to the period of scarcity, we shall be approxi- 
mately correct. And it was towards the end 
of this trying decade (1859) that he was laid up 
with a severe attack of typhoid. I remember 
my father telling me that it was to Dr. Quain, 
under God, that he owed his recovery. Troubles 
proved him to be possessed of two powerful 
assets : grit and capacity. He now started on 
the active pursuit of professional success. 
While briefs were only trickling in, his spare 
time was vigorously devoted to editing the 
Common Law Procedure Acts of 1852 and the 
following years. This book went through five 
editions ; and until the Judicature Acts of 
1875 caused a revolution in legal procedure, 
it was the vade mecum of every barrister and 
solicitor practising at common law. When the 
late Judge Willis entered as a pupil in the 
Chambers of Mr. Thomas Chilty, he was urged 
to acquire at once a copy of that excellent work. 
Day, also, with the help of his pupil, Mr. Maurice 
Powell, edited Roscoe's Nisi Prius. This work 
is, I believe, still in daily use. Willis, as a 
young barrister, longed to see Day on account 
of the service which the book had rendered him. 

" I shall not forget the fust time I saw 
him. He was standing on the landing be- 
tween the Court of Exchequer Chamber and 

84 JOHN C. F. S. DAY 

the great Court of Exchequer : a tall, power- 
ful-looking man, with his stuff gown hanging 
nearly to his heels and needing considerable 
repair. He stood on that occasion in the 
sunshine, whilst the two persons to whom he 
was speaking, apparently solicitor and client, 
were in the shade. The sight was impressive 
and striking. . . I heard that he had passed 
through a life of struggle and great endurance. 
He had made many solicitors his clients, by 
what they saw of his ability in court when 
engaged against themselves." 

Sir R. B. Finlay has told me that he thinks no 
Junior ever had more leading briefs when he 
was in stuff than my father ; and that his con- 
duct of them was a true presage of his success 
in silk. 

While a Junior, he had always a well-filled 
pupil room, at No. i, Elm Court, which had the 
honour of turning out, amongst others, Mr. 
Justice Gratham, Sir Robert Finlay (his lifelong 
and intimate friend), Sir Francis Gore, William 
Henry Clay, for some years Recorder of Hanley, 
Maurice Powell, member of S. E. Circuit 
(pbiit 1914), Edward Pollock, Official Referee 
of the High Court, Sir Burford Hancock, Judge 
Lumley Smith, and Dr. Lancelot Shadwell, 
lately Provost of Oriel. One of these, W. H. 
Clay, tells me in a private letter that " it was 
a busy and happy pupil-room," where the 
moving spirit " seemed to like sitting among 
us and giving us the best of his wisdom and 
experience, illuminated by the brilliant humour 
of which it is needless to speak." The writer 
continues ; " Your father was a dear and kind 


friend to me, as well as a revered and inspiring 
master. I can never forget this unfailing 
and delightful hospitality, or the charm of 
his companionship ; or the almost motherly 
sympathy of your clear mother, and her cordial- 
ity towards his pupils and friends. . . But all 
the charm of these recollections and of his 
numerous sallies at the. Bar and on the Bench 
may evaporate in print, and I am afraid that 
any Memoir would seem flat and lifeless to those 
who best remember his extraordinary energy 
and vitality." 

Sir Francis Gore has kindly put at my dis- 
posal a most welcome and instructive appre- 
ciation of the one who was the centre of this 
group of promising young barristers. I append 
it : 

" It was in 1869 that I entered the pupil- 
room of the late Mr. Justice Day. He was then 
a leading Junior. Most fortunately for his 
pupils, his business was of a multifarious kind. 
He had clients in the City whose cases lay in the 
region of charter-parties, bills of lading and 
such like ; he had the Admiralty business, 
divorce business, and, in addition, a large num- 
ber of small clients with cases to correspond, 
such as actions against railway companies, 
libels, slanders, trespasses, assaults. Conse- 
quently, we his pupils had the advantage of 
studying the working of the Common Law in 
all its branches. Those were the days of 
technical pleading, which few lawyers now 
remember, when the fate of an action often 
depended upon the pen of the pleader, and a 
blunder made by him was apt to prove fatal. 

But we were even more fortunate in the 

86 JOHN C. F. S. DAY 

personality of our master. A Junior in large 
practice would not, one would imagine, have 
much time to waste in discussing cases in 
Chambers. His days were spent in Court, for 
the sittings were then at Westminster and the 
Guildhall, so that an advocate could not, as 
now, remain at work at Chambers until his case 
was called on. But strange to say, Day never 
seemed in a hurry. He was prepared to dis- 
cuss his cases with us at almost any length, 
and found time in addition for extraneous 
discussion upon general points of law, and even 
upon general topics. At the time I am speaking 
of, a former pupil, Sir Robert Finlay, then on 
the first rung of the ladder he has long since 
mounted, was his devil, and attended pretty 
regularly at his Chambers. There were others 
who have since risen to more or less distinction : 
Edward Pollock, now an Official Referee ; the 
late Maurice Powell, the author of the best 
known book on Evidence, a man who delighted 
in the technicalities of pleading the case law ; 
Clav of the Oxford Circuit. We all took part 
in the discussions so far as our lights enabled us, 
and Day was most willing to listen to us all. 
He had an extraordinary faculty for absorbing 
the ideas of others and putting them in their 
best light, and adopting them if they had any 
merit. There may have been better pleadings 
than those that left his Chambers, but assuredly 
none which were the result of more animated 
discussion. But the thing which made his 
Chambers so delightful was the indescribable 
kindliness of his nature, combined with the 
humour and originality of his talk. The poig- 
nant sarcasm which was so effective in Court 


was never directed against us j he was always 
grateful for our help, and, when there was any- 
thing in our suggestions, ready to adopt them. 
The acquaintance begun in Chambers nearly 
always ripened into friendship : we were in- 
vited to his house, we took long walks with him. 
(He greatly delighted in long tramps.) All 
these things contributed to make my time in 
his Chambers among the pleasantest I passed 
at the Bar. When, as barristers, our chance 
presented itself he was ready with help and 
encouragement. When the period of my pupil- 
age ended, he generously continued to give me 
the run of his Chambers, so that I saw nearly as 
much of him as I did before. 

He was late in taking silk. When he did so, 
I do not think that it was generally supposed 
that he would at once rise to the first rank of 
advocates. He had a great reputation as a 
sound lawyer ; he was the author of the standard 
work upon the procedure of 1852 which swept 
away much technicality, substituting, however, 
as a later generation thought, other unnecessary 
technicality in its place. In those days, I 
think, a Junior's opportunities for distinguish- 
ing himself as an advocate were less frequent 
than they are at present. It was the general 
rule that a leader should be briefed in all 
jury cases, and in the Common Law Courts 
there were practically no others. It was, 
therefore, rather a surprise to everyone when 
on taking silk, he at once disputed the leader- 
ship of the old Home Circuit with such men as 
Hawkins, Parry, Denman, and Ballantine, and 
took a leading position in London and West- 

88 JOHN C. F. S. DAY 

minster practice. I remember that on the 
occasion of his first circuit in a silk gown, two of 
the Home Circuit leaders were absent. (I think 
they were engaged upon the trial of the Clai- 
mant), (t) This fortunate circumstance was Day's 
opportunity, and by his ability, combined no 
doubt with good luck, he managed to secure an 
extraordinary number of verdicts throughout 
the Circuit. From thenceforward he was in- 
stalled as one of the favourite leaders, and 
enjoyed one of the largest, if not actually the 
largest practice there. For various reasons, the 
number of cases then tried at the Home Circuit 
towns was much greater than at present, and 
this was the case especialty in Surrey, where a 
large number of those entered were reallyLondon 
causes, in which London solicitors were engaged. 
Day's great reputation as an advocate quickly 
spread to London, and he had a large practice 
there which never left him. 

No one would deny that he was a great ad- 
vocate ; indeed, I doubt if any man of his time 
was a more successful verdict-getter. I find it 
difficult to specify in what his special excellence 
consisted. He was undoubtedly a most effec- 
tive speaker, and had at his entire command 
a fund of original humour which never failed him. 
As a rule (at least such is my experience), 
forensic jocularity, however suited to its 
purpose, is a somewhat dreary article, especi- 
ally when one has heard much of it. It runs too 
much in a single groove. But this Day's 
never did. It was always original, and often 
moved not only the audience, but also the Judge, 
to irrepressible laughter. There is probably 
no one left but myself who can remember a speech 


he made in narrating to a jury the plot of 
Eugene Sue's Ju if Errant, a dramatic version 
of which the defendant was supposed to have 
stolen from the plaintiff. I can see now Chief 
Justice Coleridge convulsed with laughter upon 
the Bench, while the only grave person among 
the audience Mas Day himself. But he never 
went out of his way to bring in a joke, and never 
lost sight of the real points of a case. He shone 
most, I think, in cases in which it was necessary 
to unravel a fraud, or to expose a claim for 
excessive damages. Such cases were a positive 
delight to him as well as to his audience of bar- 
risters, and often the case was practically won by 
the time that his cross-examination of the party 
had come to a conclusion. His cross-examina- 
tions, however, were not of the ordinary cut- 
and-thrust description. As a rule, there was no 
confronting the witness with documents and 
supposed inconsistencies of statement, no threat- 
ening, no severity of manner, no ' on-your-sol- 
emn-oath-do-you-venture-to-swear.' They were 
conducted in the suavest and most genial man- 
ner, and the witness often, I believe, had no 
idea of the effect of the admissions which he 
was making. 

But probably in his case, as indeed in the 
case of all great advocates, his success more 
often depended upon his skill in the general 
conduct of his cases, than on either his speeches 
or his cross-examination. This is the undehn- 
able quality without which no advocate can be 
really first-rate, and which is inborn in some 
advocates, rather than acquired. It consists 
in the art of making the case run smoothly, or 
surmounting difficulties before they are observed, 

90 JOHN C. F. S. DAY 

of conveying the impression that the case is a 
winning one. It is exemplified by the story 
of Scarlett, probably the most successful ver- 
dict-getter of any time, of whom a juryman 
who had been sitting on cases in which he was 
engaged, remarked that he did not think much 
of his ability, but he always had the luck to be 
on the winning side. The art of conveying this 
impression Day possessed in a very high degree. 

I do not myself think that he was equally suc- 
cessful in arguing legal points before the Judges 
en banc, and it is curious that it should have 
been so, for his general knowledge of law was 
very great, much greater than that of most 
Judges; and his power of expression was un- 
equalled. I used to think he gave the tribunal 
too much credit for appreciating the point at 
first sight without sufficient persistence or argu- 
ment ; he was certainly averse to citing many 
cases. But very likely I am mistaken in this. 

Of his merits as a Judge I am not competent 
to speak. By the time he became one I had 
some business of my own and saw comparatively 
little of any individual Judge on the Bench, 
although Day's friendship, I am proud to say, 
remained the same as ever. Upon the Bench he 
had the great and rare merit of silence. It is 
recorded of him that during the long enquiry 
of the Parnell Commission he never opened his 
mouth. It is, however, I think, upon his 
merits as an advocate rather than as a Judge 
that his considerable professional reputation 
will rest. But preferably to either of these, I 
shall always think of him as an agreeable 
companion, and the kindest, truest, and most 
loyal friend that I ever had." 


At the Bar 

Any attempt at presenting a detailed account 
of a barrister's career, were it ever so sensational 
at the time, is almost certain, unless done in a 
masterly manner, to prove tedious to all except 
a few keen specialists. In the present case, 
as the subject of this sketch never made the 
least effort to preserve any record of his doings, 
it would be a gigantic task which could be faced 
only by an expert endowed with leisure and 
determination. To give some idea of the pro- 
gress in business during the first years of my 
father's professional activity, we have already 
made two or three excerpts from the fee-book. 
The next three or four years show rapid increase 
of practice : in 1865, the fees amounted to 
£1,780 ; in 1866, to £2,000 ; in 1868, to £4,000 ; 
in 1872, to £5,600. The figures are round num- 
bers. Judge Willis gives us in one phrase 
an insight into the habit of mind and tactics 
which won him success. " I heard Day once 
say, looking at a case as a commander looks at 
his forces and the surrounding territory: ' If 
I gain that position, I shall shell my opponents 
out of every other.' " He had a genius for 
detecting the vital point on which the whole 
issue hung, and used every device to gain the 
jury's sympathy on this cardinal feature of 
the case. After that it was mere child's play to 


92 JOHN C. F. S. DAY 

carry them on. " Perceiving what inference 
of fact could be drawn from other facts of which 
proof had been given, he won his causes with 
less direct evidence than anyone I have ever 

No reference to my father as an advocate 
has ever been made without allusion to his 
extraordinary powers of wit, humour, and 
facial expression, all combined. He was no 
clown or harlequin, but had a keen appreciation 
of the humorous side of life, and knew the 
power that it exercises over human nature. He 
was gifted with a face and general bearing 
which could maintain the appearance of solemn- 
ity while all beneath the outward mask was 
convulsed with almost volcanic mirthfulness. 
Outwardly unmoved himself, he could hold the 
court in a state of uproarious merriment. Nor 
was the matter subjected to this mirth-pro- 
voking treatment altogether alien to the subject : 
indeed, it was usually bound up with the real 
inwardness of the matter in hand. A shrewd 
and wide knowledge of human nature helped 
him much in winning verdicts. One case hinged 
on whether the bread provided by a certain 
baker was or was not unpleasant. The cross- 
examination as to the quality of the bread 
proved worth while to all lovers of the whimsical 
in word and facial accompaniment. The ans- 
wers of the defendant's witnesses failed to tally, 
and so the jury, after having enjoyed a good 
comic turn, were delighted to find for the 
plaintiff. A Jew claimed damages from a poor 
man who, having had a drop too much, acci- 
dentally inflicted some slight injury on the 
rich man's toe. This " speculator in damages," 


as Day called him, claimed to have suftered 
heavy loss owing to having been prevented 
from keeping an appointment in Amsterdam. 
The humorous openings suffered by the in- 
jured member were not lost sight of, but the 
case was triumphantly gained by means of the 
point-blank question " whether if £100 had been 
offered him for doing so, he would not gladly 
have undertaken the journey to Holland ? " 
Day's grim face and stern deep voice seemed to 
the Hebrew adventurer an anticipation of the 
Day of Doom : he owned abjectly that he 
would have done so, and was awarded £50 
instead of £1,500. In the earlier stages of the 
examination he had been asked whether his 
toe had ever been more precious to him j whether 
he did not hear with pleasure the doctor de- 
claring it unfit for travel, and whether he did 
not bear the great suffering easily because of 
the compensation he expected ? A barrister 
friend who is a reliable witness assures me that 
it was quite usual, in my father's palmy days as 
a cross-examiner, for a crowd of young barristers 
to flock into the court to enjoy the intellectual 
treat which he provided. 

When fortune was well on the turn, John 
Day was offered the Chief Justiceship of Queens- 
land. Lord Bramwell dissuaded him from ac- 
cepting it : " Are you mad, to think of leaving 
your friends and burying yourself in a Colony ? 
Stay in England, and there is nothing to prevent 
you from rising to the highest rank in your 
profession." A similar high office was offered 
him a year or two before he became a Judge : 
after a week's reflection he declined. 

In 1872 he " took silk," adding to his name 

94 JOHN C. F. S. DAY 

the letters Q.C. Russell, Herscbell and Benja- 
min received the same distinction at the same 
time. The following reply to congratulations 
from one of his sons, then a pupil at Beaumont 
College, shows that the honour was not accepted 
without misgivings : 

" My dearest S., 

" I ought to have written before this 
to give you my very best thanks for your 
kind congratulations upon my getting my 
silk gown. I wore it for the first time on 
Thursday, having been sworn in the morning. 
I have so far daily work in the front row, and 
hope it will continue, but everybody says 
it is like beginning over again, and the risk 
therefore is great. Please God all will, how- 
ever, turn out, if not well in one sense, still 
certainly for the best. 

" I have been obliged to sell ' Patsee,' as 
he got worse and worse on his forelegs, and 
I felt it necessary to protect my neck by 
getting rid of him. I think I shall now wait 
before buying another horse, just to see how 
the silk wears." 

However, the stream of work flowed steadily, 
and he coped witli it lustily. The fee-book 
for the years 1873, 1875, and 1880, recording 
£7>7 00 > £9,000, and £n,ooo, shows that there 
was no looking back. His Inn was the Middle 
Temple, of which he became Treasurer in 1896. 
A most retentive memory and unfailing common- 
sense, along with a strongly developed logical 
faculty and considerable dialectical skill, made 
work easy. He got quickly at the contents of 


his briefs, instructed his juniors on the lines 
to be followed, and supervened light-heartedly 
at the critical moment, usually carrying the 
defences before him. On one occasion his 
junior called a succession of witnesses who 
received an almost contemptuous treatment on 
the part of Judge and jury. Their separate 
statements were indeed of little value, but 
together were likely to destroy the chief alle- 
gations of the plaintiff's case. The leading 
counsel appeared in the nick of time, seized the 
situation, compelled the Judge to admit 
that the witnesses were essential and their 
combined evidence most destructive. Willis 
concludes : "I question whether there was 
any other man at the Bar who could have 
delivered that address, and with such result." 
For the delightfully mischievous story of the 
Judge who, on the plea of health, occasionally 
sipped whiskey-and-water on the Bench, until 
Day, with the help of a medical witness, con- 
vinced him of the dangers of " nipping," I 
refer the curious reader to the Recollections, 
p. 11. It is said that his earliest triumphs 
as a leader arose out of the creation of that 
now well-known entity, the limited company. 
He was able to extract much material for fun 
from the pompous and flowery periods of a 
prospectus, and his mournful tones as he com- 
mented on the hopeful prophecies of promoters 
and the completeness of their non-fulfilment, 
were listened to with intense delight. At Croy- 
don and at Kingston, on the Home Circuit, 
he always reaped a rich harvest. It was said 
of him by some who had the opportunity of 
observing his methods, that he was rather helped 

96 JOHN C. F. S. DAY 

than hampered by want of preparation. These 
are the days when he was the rival or successor 
of Ballantine and Parry. Almost the first time 
he went circuit as a leader, a number of briefs 
were returned to the solicitors' hands at Maid- 
stone Assizes, owing to the illness of Mr. Ser- 
geant Parry. All these fell to the lot of the 
new Q.C., who succeeded in getting a verdict 
in each case. As a child I remember the Ser- 
geant visiting our home as a kindly genial 
friend, and his memory is strangel} linked 
in my mind with a song commencing : " All 
life's a bubble full of woe." I have recently 
talked with an old gentleman who was, as a 
solicitor, between the years 1870-78, in a position 
to put a good many briefs in my father's way. 
He spoke modestly of himself, not considering 
that he had been much of a success. " What 
struck me most was that Mr. Day, evidently a 
very able man, at once put himself on an abso- 
lute equality with me." (He then mentioned 
the names of a few well-known barristers who 
always showed a sense of superiority when 
dealing with the members of the lower branch 
of the profession). " He never betrayed any 
sign of irritability. I regarded him as a great 
man, and, in the best sense of the word, a 
humble man. I was privileged to see something 
of him in society. He was full of fun, and, when 
we met at parties, was the centre of all the life 
and merriment, taking part in the dances, 
and throwing himself into it all, heart and suul." 
For many years Day was standing counsel 
to the London General Omnibus Company, first 
as Junior and afterwards as leader. He was 
for years the fashionable counsel in breach- 


of-promise cases, and for a considerable period 
of time enjoyed almost a monopoly in the 
matter of election petitions. Sir Dixon Hart- 
land always valued most highly the good services 
which had saved him his seat. There were one 
or tvvo instances where the sympathisers with 
the unseated party sought to visit their dis- 
pleasure on the successful advocate, and I 
remember hearing how in a certain fishing- 
town, it had been necessary for Day, in order 
to avoid a mauling, to take his departure from 
his hostelry by the back door. As he was all 
his life a stranger to fear, such experiences only 
added zest to life. The memory of his eloquent 
defence of the West of England Bank directors, 
somewhere about 1875, will still be vividly 
recalled by many Bath and Bristol men. 
" Amongst the really solemn and serious pro- 
ceedings," Judge Willis commemorates the 
address on behalf of Sir John Hay, one of the 
defendants in the Canadian Oil Case. " Day 
presented a view which the Chief Justice had 
scarcely perceived, and which procured from 
that honest and able Judge a presentation of 
the case with a result favourable to all the 
defendants." My father once told me some 
insta.ii' es in which members of the Bar, not 
perhaps too well-disposed to their rival, at- 
tempted, by means of little practical jokes 
made in the midst of some important speech, 
to ruffle his serenity. The infinitesimal, if 
any, success of these efforts gave them no 
encouragement to repeat the experiment. II 
was like a small dinghy attempting to stop a 
man-of-war under full steam. 

His pupils composed some verses on J. C. F. S. 

98 JOHN C. F. S. DAY 

Day, Q.C., at the Kingston Spring Assizes, 
1874. The original document is on blue law- 
paper, in the form of a brief. It contains many 
pleasantries connected with a pun-provoking 
name, some in Latin, some in English. Obvious- 
ness and halting literary form apart, these 
vers d' occasion throw a true light on his character, 
touching as they do with evident sincerity 
on his real worth, spirit of comradeship, pride 
in his pupils (especially Sir Robert Finlay), 
willingness to remain in the background, and, 
along with the forcefulness which none could 
deny, refinement of feeling and genuine modesty. 


Home and Out-of-Doors 

When a man is worthy of a home, he stamps 
every stone of it with the seal of personality. 
This was true from first to last of John C. F. S. 
Day. In spite of possessing a distinct faculty 
for migration, and also what one may term a 
monastic side, his domestic instincts were strong 
and well-developed. Bayswater knew him for a 
time in the early years of family life ; and 
Cardinal Manning, then stationed as an Oblate 
at St. Mary-of-t he- Angels, would occasionally 
look in of an evening and have a good long talk 
with the promising young barrister. The thir- 
teenth and youngest child was born on the 
slopes of Primrose Hill, and very shortly after 
was transferred with all the bags and baggage 
to what was to be for twenty years " The 
Home " : Green Bank, Hampstead, an easy 
ten minutes' walk from that glorious playground, 
the Heath ; with " the Fields," as they were 
then, and their buffalo-like cattle to inspire 
mild fear and the love of adventure, within 
easier distance still. The family was almost a 
small school, and a very happy one, too. It 
is an education for so many brothers and sisters 
to rub shoulders together under the direction 
of good and wise parents. Father would often 
speak of it as being "Liberty Hall": but al- 
though he never punished (there is no record 


ioo JOHN C. F. S. DAY 

of a single castigation), his own high standard 
of conduct set a tone which prevented liberty 
from degenerating into licence. The discip- 
linary code for the maintenance of peace and 
comfort at home was faithfully observed by 
the head. Example and precept went together, 
the former being the senior partner. 

When we had to be corrected by our father 
and expected something very severe, the in- 
cident invariably ended in his just showing 
that he was displeased, in a few kind v/ords 
explaining why, all in the most conciliatory 
manner possible. And yet the mere thought 
of being at school under one of the sons of 
" the flogging Judge " made a nice little boy, 
who is now distinguishing himself in the King's 
Navy, shed bitter tears. He soon discovered 
that there was no cause for alarm ! Still, 
I remember this same son, who for several 
years acted as schoolmaster, telling father of 
one instance in which he had punished severely 
in a case which seemed to call for it. Father's 
view was that kindness might well have gained 
the victory ; and that it was only in extreme 
cases that bodily punishment should ever be 
inflicted on boys. 

Our written laws exacted scrupulous personal 
cleanliness, of which he was always a shining 
example, and tidiness and orderliness, in the 
matter very especially of books, and in a lesser 
degree of all household properties. The mere 
thought of leaving to anyone else any dirty 
work which should be done by oneself was 
particularly abhorrent to him. Considerateness 
to servants, and acknowledgement for services 
rendered, were ever instilled. His own frequent 


and sincere use of the words " Thank you," 
in the old-fashioned form " Thank ye," is 
one of my childhood's memories : in this he 
persevered to the end, always grateful for 
the smallest service or attention. But nothing 
of the nature of over-civilisation in person, 
dress, or manners received any encouragement. 
His own acted-on but una vowed motto of " liv- 
ing dangerously ' was also infectious, and 
must have provided the nervous mother of 
delicate children with many hours of anxiety. 
And yet is not the system a sound one ? The 
back garden was the scene of all manner of 
sports, tilting matches on tall stilts being a 
favourite pastime, the front shrubbery, with 
the help of lively imaginations, supplying the 
element of jungle life. The two youngest boys, 
instead of repairing after their midday meal 
to the " Academy " (so my father styled 
it) conducted by Mrs. Keogli, went orf one day, 
aged nine and eight, for a long pilgrimage on 
foot to Great Barnet. They returned footsore 
and weary, towards bedtime, to rind father 
cheering up mother with graphic accounts 
of the high-class funeral which would be pro- 
vided when the remains of the young truants 
should be recovered. Needless to say, it was 
not really heartless — nor did it serve its purpose ! 
In his heart of hearts he was proud of us, and 
scarcely concealed it, betraying keen interest 
in the route we had followed. 

Long walks (as friends have already told us) 
were always a favourite form of exercise, and 
Day was often the leader of the party. All 
his life the use of compass, charts and an aneroid 
for calculating heights, was a delight to him ; 

io2 JOHN C. F. S. DAY 

and for years he carried two watches, that he 
might know the time more accurately. The 
expedition would be mapped out over night, 
and the patient care he would always take in 
folding the maps according to the proper creases 
impressed my young imagination. One of his 
most typical lesser characteristics was his con- 
stant habit of always untying, never cutting, 
knots. These things went along with his rever- 
ence for books, and his patience in all the minor, 
and major, entanglements of life. Several of 
his children still follow in his footsteps in 
such little observances as in many others. 

The horse-bus, with Adams, its dear old 
ex-clown conductor, which so often conveyed 
him and us on the knife-board, without over- 
coats, from Chalk Farm to Oxford Street 
or the Strand, was, along with all other local 
oddities, animate or inanimate, closely linked 
with our family life. In those pre-motor days, 
one got more deeply impregnated by one's 
immediate environment than can be the case 
in days of rapid transit. When my father's 
old uncles died, one in 1871, the other three 
years later, their house, with its lovely gardens, 
orchard and paddocks, in Greenway Lane, Bath, 
was left to him ; these provided fresh openings 
for our expeditions. Here, riding was added 
to the other delights of country life, and with 
father as guide we were chiefly on bridle-paths 
unknown to the general public. And when we 
went for drives, it was a point of honour always 
to walk up hills, which in that district of steep 
gradients entailed continual jumping in and 
out ; and his nimble example encouraged us 
to do this without stopping the carriage. 


It got into print in later years that he was 
not " an ornamental horseman," implying some 
remarkable degree of clumsiness ; and Sir Frank 
Lockwood, who claimed to have frequently 
rescued him from the maelstrom of Hyde Park 
Corner, conspired to bear this out. Yet John 
Day from his earliest boyhood was used to 
riding, and several who frequently rode with him 
failed to detect the least awkwardness. He 
certainly would not have aimed at all self- 
consciously at any finished equestrianism : hold- 
ing on comfortably and getting over the ground 
would have been his dominant ideas. His 
short-sightedness was probably responsible for 
his not sitting sufficiently erect in the saddle. 
His hands, unusually delicate and well-shaped, 
were specially fitted for handling a horse's 
mouth. He was always most kind and con- 
siderate towards his mount. 

Two riding accidents recur to me. In the 
first a horse fell under him, and had he not 
been wearing a hard hat he would almost cer- 
tainly have been killed. The second was near 
Bath, about 1878. He was riding through a 
gateway in a field when the gate, swinging to, 
caused the horse to shy, with the result that the 
pointed iron catch to the gate pierced my father's 
leg and unhorsed him. It was a high gate, and 
he hung impaled and in great pain until my 
brother, who is now a Master of the High 
Court, released him. My mother told me, as 
a child, that he returned one evening with his 
garments singed, having taken an active part 
in rescuing lives from fire. 

Perhaps our keenest delight in old days 
was when the holidays took the form of a 

104 JOHN C. F. S. DAY 

yachting cruise. The prospect was almost in- 
toxicating. All were agog to go. The two 
youngest, who, when the sea was at all rough, 
almost invariably fell victims to sea-sickness, 
were occasionally left behind, but only after 
the failure of many entreaties addressed to their 
mother, who was reluctant to be robbed of all 
her sons. The yacht " Fairy," of about twenty- 
eight tons, belonged to the Royal Harwich 
Yacht Club, and was a converted Revenue 
Cutter. Her antecedents were a guarantee of 
sea-worthiness, but shut off all chance of success 
as a racer. She was just the boat for our pur- 
pose, and we submitted cheerfully to the chaff 
that sometimes greeted us when vessels, easily 
outstripping us, reminded us facetiously of the 
former history of our craft. Our skipper was 
an excellent sailor from Brig lit lingsea. His 
name, Partridge, has made all of that name 
interesting ever since. The good ship would 
plod her way in all weathers from the mouth 
of the Thames to the Land's End, sometimes 
visiting the Channel Islands and some of the 
harbours of France, Belgium and Holland. 
Father entered into every detail of the navi- 
gation ; and was always ready in the early 
morning, or at other times, by his example in 
plunging in for a swim, to encourage us to 
acquire or to practise that useful art. At 
Dartmouth the memory of four or five of us 
hearing Mass one Sunday in the little Church 
up the steps, and listening to a sermon in some- 
what broken English, is still quite vivid. We 
waited for a few minutes after Mass, and were 
introduced to the good French priest then and 
for a good many years in charge of that Mission. 


As we wished him goodbye, my father did not 
fail to leave an offering for Masses. Fowey 
was another very favourite port. When we 
picked up a lobster-pot at sea, and had the good 
luck to find a lobster in it, he would always put 
in a half-crown to take its place. The naviga- 
tion of tidal rivers such as the Dart and the Fal 
and the Hel was attended with some most en- 
joyable adventures. And who among us will 
forget the eating of his first gateau-au-rhum 
at Dieppe or Boulogne ? It was from Cher- 
bourg that we made our first delightful pil- 
grimage to Rouen. The clambering up into 
towers and steeples was always part of the 
" seeing " of any great church ; and we were 
trained from childhood to school our nerves in 
the matter of looking over lofty parapets or 
cliffs. The day at Rouen ended with a typically 
French dinner, washed down with the help of 
the best French wines. We were a happy, 
merry party when we reached our moorings 
that night. 

It was on a hired yacht of larger tonnage 
and swifter lines that father met with a serious 
accident. We were off Fort Querqueville in 
half a gale of wind. He was knocking about 
on deck trying to sight the harbour lights when 
he tripped, and, falling into the fo'c's'l hatchway, 
broke some ribs, lie was in great pain all 
night (it was August 14th) and in the morning 
a doctor came off to give his assistance. The 
sufferer did his utmost to prevent his accident 
from overclouding the Feast of the Assumption, 
August 15th, which was also the birthday of 
one of the party. Bu1 the gladdesl times of 
all were when mother, accompanied by two or 

io6 JOHN C. F. S. DAY 

three of our sisters, came to spend a few days 
by the sea, enabling us for a short spell to be a 
united family once again. 

But a large family, especially when the 
children, though extremely energetic, are for 
the most part deemed delicate by the doctor, 
provides sorrows as well as joys. In a letter 
dated October 2nd, 1872, from Fr. Bertrand 
Wilberforce, O.P., to his sister, that good and 
charming Dominican, then stationed at Haver- 
stock Hill, writes as follows : "I went today 
to call on Mr. Day. He is a Queen's Counsel, 
a flourishing barrister living in a large com- 
fortable house standing back in the Hampstead 
Road. He has a large family of about twelve 
children, all good Catholics. He himself is 
an excellent one : by the bye, he says he knew 
Papa. Poor man, he has his trials." He 
goes on to relate that Fr. Buckler, O.P., at- 
tended a year ago one daughter, Henrietta 
Day, in the illness of which she died, and that 
now Thomas, aged twenty, is home from the 
Jesuit College in the Tyrol, Feldkirch, where 
he brought on hemorrhage by mountain climb- 
ing ; and that for their health's sake another 
son had gone, and another daughter was going, 
to an uncle in Queensland. 

It was during this gloomy period that our 
good neighbour-friend and eventually kinsman, 
Mr. Parker (later Sir Henry Parker) ventured, 
while on one of his customary Sunday afternoon 
walks on the Heath, to condole with my father. 
His answer was strongly characteristic, but 
could scarcely be reported without serious 
risk of conveying a false impression that the 
speaker was unduly stoical. 


The daughter who died, Henrietta, was speci- 
ally dear to her father, and during her last 
illness he was much with her. Her pet name 
was " Trotsy " ; and the other girls were always 
liable to be called by it in the years to come. 
Happily the dark days did not prove so dark 
as was feared. 

My father's professional work was never 
allowed to invade the home unnecessarily. 
His evenings were for the most part pleasantly 
studious ; but reading was never an obsession ; 
it was a favourite pastime which he would 
gladly suspend for any good reason. He would 
now and then read portions aloud to the rest 
of us. To some witty story from a French 
memoir full justice would be done. At other 
times he would devote a portion of the evening 
to playing chess with one of the older ones : 
a thoughtful, concentrated game. Christmas, 
so far as I can remember, was the only time 
when cards were approved. He would then 
join in a round game, vingt-et-un, and provide 
the moderate stakes tolerated only at festive 
seasons. As in reading he set us a fine example 
of clear enunciation and intelligent emphasis, 
so was he a stickler for the correct use of our 
mother tongue, having been a diligent student 
of " The Queen's English ' and " The Dean's 
English ' when they first appeared. He stood 
for the dignity of language and for the con- 
sistency of adjectives. He could never tolerate 
" awfully nice," reminding us that " awful " 
should be reserved for things great and terrific, 
such as thunderstorms. ' Surrounding cir- 
cumstances " and " mutual friend " were 
amongst his pet aversions. " Different to " 

108 JOHN C. F. S. DAY 

would seldom escape correction. Once I asked 
whether a sentence passed by Mr. Justice X. 
had not been revoked on appeal. "Reversed, 
my boy ! " came like a Hash. One felt as if 
one had committed a crime, or was at least 
an incorrigible dunce. Discussions, too, often 
on points where law and ethics overlap, played 
their part in family life. Once he asked the 
opinion of two of the boys as to whether, if 
a man had committed a murder and someone 
else, who was innocent of it, were sentenced to 
death, the guilty party could be morally bound 
to declare himself. The law of trespass once 
provided matter for much argument in which 
one of his most eminent pupils took the other 
side. Having trespassed over a considerable 
portion of enclosed land, could one be legally 
forced to retrace one's steps, or might one 
insist on leaving the property by the shortest 
way compatible with one's destination ? If 
my memory can be relied on, my father was 
on the side of liberty. 

I remember his thoroughness displaying itself 
in an odd way, to the dismay of our fellow- 
passengers, when we were on a coach drive in 
North Wales in 1884. A halt was made by a 
roadside spring, which, as the driver explained, 
possessed powerful chalybeate properties of a 
specific kind, the thought of which imposed 
great moderation on most of us. Father tossed 
off cup after cup, and experienced no subsequent 
inconvenience. He expected others to be able 
to do the things that he could do j but when he 
succeeded in realising that they could not, he 
was kindness itself, and ever so repentant for 
having overtaxed a weaker brother or sister. 


When he set his heart on anything, nothing could 
stop him. One of his household was forbidden 
for a few weeks to climb the stairs, and the lift 
had not yet been installed ; every evening he 
insisted, in spite of his sixty years, on being one 
of the two bearers of the invalid chair. 

A writer who knows the Russians well says 
that " they are tolerant of the complexities 
of life." In this respect he was a Russian. 
Although he could be grumpy and at times 
indulge in righteous indignation, he always 
seemed to me to face the difficulties of life with 
a resolute smile. No one in the family remem- 
bers ever to have heard him use any of the ex- 
pressions of impatience into which most of us are 
betrayed. His " Good Heavens ! " with its 
varied intonations and grotesque accompani- 
ments, met all the emergencies that arose. He 
expected life to be an " obstacle race," and 
enjoyed it as such. His method of " breaking 
the back of hills" by increasing the pace in 
proportion to their steepness was characteristic 
of his temperament. 

There is, to the best of my knowledge, no 
record of his going to the theatre, except to 
see Shakespearean plays or the German Reed 
entertainments. The legend runs that he had 
received a warning from his grandmother, nee 
Fleming, against the dangers of play -going, of 
which she had had some experience. It was 
unless I am mistaken, Mrs. German Reed in her 
earlier days whom he admired in the part of a 
dashing young prince. He would reproduce 
with animation the following couplet : 

" Go dance your dogs to the iiddle-de-dee ; 
I'll teach you to speak to a prince like me ! " 

no JOHN C. F. S. DAY 

Another Reed catchword which he would at 
times declaim with unction rati as follows : 

" If possible, it will be done ; 
If impossible, it shall be done : " — 

a sentiment which chimed in with his own views 
on the right treatment of difficulties. 

There was in his make-up some puritanical 
streak which made him to the end look askance 
on race-meetings, being perhaps too keenly 
alive to the disreputable side of such proceed- 
ings. He had a fixed conviction that these 
things were not good for him j he took his 
pleasures, which he most thoroughly enjoyed, 
in other forms. However, the family annals 
supply one instance in which John Day was 
party to a betting transaction. It was the 
outcome of a discussion with his old friend 
Augustus Gallwey, a brother of the well-known 
Jesuit. It was at the close of the Franco-Prus- 
sian War. Day maintained that France would 
take her " revanche " within ten years. The 
money (£5?) was duly handed over in 1880. 

Here is a travelling reminiscence of one of my 
elder brothers. He was in the Hague with his 
father on the morning of the 20th of June, 1888. 
There was a salute of artillery, and my brother 
asked for an explanation. It was my father's 
sixty-second birthday, a circumstance acci- 
dentally overlooked ; so he replied drily : "I 
suppose, my son, because it's my birthday." 
Reparation was soon made ! It was at Rozen- 
daal on the same trip, on a Friday morning 
after the crossing from England, that my brother, 
knowing that father enjoyed a Dutch " vleesch 
brood " (a roughly made meat-sandwich), cap- 


tured one at the station, and brought it in 
triumph to the railway carriage. The occu- 
pant, who was expected to break his fast, 
looked at it askance, and would have none of it. 
Joe, disappointed, remarked that he had counted 
ona" vleesch brood " being always welcomed. 
" Yes, my son ; but not on Fridays.'"' This 
testifies not alone to his constant regard for the 
laws of the Church, but to a faculty for remem- 
bering them. 

Although my father had an intense horror of 
pretentious vulgarity, he always showed sym- 
pathy with what perhaps may be described as 
homely vulgarity. The following practices illus- 
trate this phase of mind : drinking his tea, if 
hot, from the saucer ; cutting off the tops of 
eggs with a flourish ; preferring his eggs at most 
half-boiled, and drinking them from the shell. 
(In defence of this custom he would relate that a 
hard-boiled egg had once, when he was mountain 
climbing in Scotland, caused him acute pains). 
I remember using in my mother's hearing, as a 
boy of seven or eight, a vulgar synonym for 
a handkerchief. She rightly rebuked this lack 
of refinement. My father, in one of his whim- 
sical moods, defended the expression on the 
ground of its being good Saxon ; I have since 
discovered that the second element of this 
compound word is British ! Besides, he would 
explain, pocket-handkerchief is etymological] y 
a misnomer, meaning literally " something to 
be used by the hand to cover the head to be kept 
in the pocket ! " 

Some of these reminiscences are indeed trivial ; 
but as they serve to reproduce the atmosphere 
of those bygone days, I will not apologise for 


adding one more trivial still. (Was it not 
the trivium as well as the quadrivium which 
completed a liberal education in the olden 
times?) Those who knew Bath years ago will 
probably remember one of its worthies : Guinea- 
pig Jack the Italian. He was a friend of our 
childhood ; and we could never spend a few 
days in that city without purchasing some of 
his live stock. Now father apparently regarded 
such animals as in some sense, Scriptural or 
otherwise, " unclean." One Sunday afternoon 
we sat, a party of five or six, in one of the summer- 
houses beautifully constructed by Uncle Sam. 
Emboldened by the depth of the paternal 
slumber, we ventured to introduce the pets we 
had recently acquired. The sleeper suddenly 
awakes, and there is a scuttling and a scampering 
which betray the fact that some mischief has 
been perpetrated. It would have been wiser to 
have braved the situation, and to have insisted 
on interest being taken in our bunnies and 
white mice. It was half in fun and half in awe 
that we adopted the more childish course. 
This is symbolic of more serious ways in which 
some of us failed at times to meet father half- 
way, or a little more, when we might easily 
have given him the opportunity he sought, for 
making further revelations of the depth of his 
loving nature. We were all a little reserved 
and reticent, and no doubt we had inherited the 
defect in part from him ; though probably those 
who knew him only as a public character or a 
social success never suspected him of being a 
shy man. I remember him once, with a tender- 
ness that was touching in the extreme, and 
yet manly, appealing to one of his girls to give 


him a larger measure of affection. He did not 
grudge mother the bigger share, so he said most 
lovingly, but he did so much want a little more 
for himself. Who could resist such an appeal ? 
Perhaps in so far as there may have been any 
undemonstrativeness on our side, it was owing 
to the fact that we were at times inspired with a 
sense of filial awe. Though he did so little to 
impose it, it was undeniably there. One felt 
instinctively that one was dealing with a great, 
strong, and unselfish man. There was some- 
thing of the mountain crag about John Day : 
something in his bigness which might sometimes 
make one uncomfortably conscious of one's 
lesser dimensions. And one could sometimes 
see the shadows passing over the peak. Yet 
on his side there was no self -consciousness ; no 
hint of any suspicion that he was in any way 
greater than his fellows ; nothing, except our 
instinctive recognition of the fact, to tell us that 
we were living with a celebrity. This remark 
reminds me of a passage in Miss Morris' Life of 
her father, William Morris. " Many is the time 
that his family have regretted not playing Bos- 
well to him." The Times literary critic adds : 
" But you can hardly play Boswell to your own 
father, if he was a father, and not merely an 
eminent person domesticated. And we would 
rather have what his daughter has given us, 
the memory of a life that he made so happy and 
vivid that no one, while it was passing, could 
think that it would ever need to be remembered. " 
At home, the children came down to dessert 
every evening. Father was a linn believer in 
the medicinal value of red wines ; and enjoying 
his port after dinner himself, prescribed it in 



small doses even for the youngest. In all 
things he loved to share his enjoyment with the 
rest. Except at meal-times, he refrained from 
all alcohol, and very rarely made use of spirits. 
Once a Sheriff who had provided a banquet for 
the Judges was anxious to know whether Mr. 
Justice Day had approved of the different vin- 
tages of port that had been served. The person 
consulted answered somewhat as follows : " You 
may be sure that so good a judge tried them in a 
painstaking and impartial manner ; and I may 
add that being disposed to severe methods, he 
punished them all ! " My father was never a 
smoker himself, and would at times rail against 
" the weed " in language which might have been 
borrowed from the Counterblast of the royal 
anti-tobacconist. But wine, like salt and oil, 
had the blessing of Scripture on it, and that 
made all the difference ! It was his friend and 
distinguished rival, Lord Russell, who after a 
good dinner once exclaimed to some one who 
would receive the witticism in a kindly spirit : 
" What a queer mixture Day is of port and 
piety ! " No doubt he was a " queer mixture," 
made up of many apparent contradictions ; but 
they blended into a very pleasant and propor- 
tioned whole. 


On The Bench 

A High Court Judgeship is a glorious post for 
anyone to capture and hold who honestly feels 
himself fit for it, especially if he has the comfort 
of knowing that he has attained to the position 
by hard righting, according to the rules of the 
game honourably interpreted. John Day got 
it in June, 1882, at the age of fifty-six. He 
got it by the sheer force of undeniably deserving 
it. Holker had died, and Bowen had in conse- 
quence been promoted to the Court of Appeal. 
It is said that Lord Coleridge, a staunch believer 
in Day's ability, recommended him to the 
Chancellor, Lord Selborne, for the vacancy. 
Neither political considerations, nor influence 
of any kind except that of merit, played a part 
in the proceeding. Knighthood, unless regarded 
in a sentimental light, is not an honour which 
adds much lustre to the ermine. The tradi- 
tion of the English Bench is to prefer the title 
" Mr. Justice "to the " Sir." (It is somewhat 
different for the wives.) Sir John " arose ' 
without any sense of being transformed or 
glorified. In such matters he was always plea- 
santly conscious of a spice of the ludicrous. 
But he had in his heart a very strong and 
steadfast determination to do his duty without 
fear or favour. From this he never flinched. 
The papers hailed him with acclamation, and 


n6 JOHN C. F. S. DAY 

Punch, who had once indulged in a joke not 
meant to be complimentary, about the " Dey 
of Algiers," blossomed out into a fancy por- 
trait (June 17th) and greeted the new Judge 
with good-natured pleasantry, of which the 
following may serve as a specimen : " The 
next step will be to turn Day into Knight, and 
may it be very long before the break of Day ! ' 
My father was at the zenith of his physical and 
mental prowess, and all the omens gave good 
augury. His youngest children were nearing the 
end of their schooling. Though such a promo- 
tion as his usually entails a pecuniary sacrifice 
for a few years, it is almost always an immense 
boon, carrying with it a sense of security, and 
setting the seal of approval on the recipient's 
career. To my mother it was a real joy, and 
the commencement of a period of lessened 
labours and anxieties. We all had the best 
possible grounds for honourable pride, and a 
vista of fine possibilities of usefulness and dis- 
tinction stretched out into the future. Nor 
was the fair promise destined to be belied. 
Perhaps he might not attain to any further 
promotion (a Lord Justiceship he never 
desired, as it carries with it no increase 
of salary and entails the sacrifice of circuit), 
but all who knew John Day felt certain that, 
if his life were spared, he would be no lay- 
figure or dignified dummy, but a judicial 
character of the best type, one who would 
heighten the public esteem for that high and 
responsible office. 

One of my brothers who read, folded and 
sealed the letters in which my father acknow- 
ledged the congratulations of his numerous 


friends and admirers, assured me that such 
was his versatility as a letter-writer that no two 
letters were substantially the same. The first 
day, June 8th, on which he should have done 
judicial work, it so happened that all the Judges 
were engaged in part-heard cases, with the 
result that he started his Judgeship with an 
enforced holiday. Punch suggested in verse 
some ways in which the new Judge might have 
amused himself at home : " trying the cook " 
figuring conspicuously amongst these pastimes. 
The very cordial and enthusiastic reception 
which was accorded him as he walked in the 
procession at the opening of the new Law 
Courts testified to his popularity with the Bar 
and with the public. 

It must have been early in his judicial career 
that Mr. Justice Day decided that he woud 
do most good by devoting his main energies to 
enforcing the moral law, and to deterring cri- 
minals from further offences against God and 
society by means of severe sentences including, 
when possible, the use of the lash. His own 
instinct and strong independent judgment told 
him that this was the right treatment : he had. 
a profound distrust for theories of penology 
built upon Lombroso and criminal anthropology. 
To him murder, robbery with violence, and 
indecent assault were breaches of the law of 
nature, to be loathed and detested by all right- 
minded human beings. He could not bear that 
pseudo-scientific sentimentalism which would 
excuse all sin on the score of insanity. His pity, 
strong and operative, went forth to the victim, 
and only increased his indignation against the 
ruffian who had inflicted the wrong. Once 

n8 JOHN C. F. S. DAY 

when someone with humane motives interceded 
for a malefactor, the Judge said slowly and 
deliberately : " When your wife or child is the 
victim, it will be time then for me to consider 
your appeal. Now it is my duty to avenge the 
weak and the innocent." A careful study of 
the criminal's dossier preceded the sentence, 
and not unfrequently such a one would be 
visited by the Judge in his cell. Day regarded 
it as an important part of his Assize duty to in- 
spect the chief gaols, to take a friendly interest 
in the prisoners, and to keep in touch with prac- 
tical schemes for prison reform. Often, too, 
the sentence passed in court was considerably 
softened before it was finally fixed by the sign- 
ing of the Calendar. Many blamed this method 
of procedure on the ground of inconsistency. 
He defended it on the score that the severe 
sentence, afterwards reduced, acted in terror em, 
and justified itself in practice. 

It was in 1883 at Armley Gaol, Leeds, that 
with characteristic honesty my father made 
trial of the tread-wheel. Mr. E. Woodhouse, 
an ex-Lord Mayor of that city, has left a record 
of the fact. The Judge, for a wonder, was 
wearing his inverness, and found the complete 
round of that instrument of torture more than 
he had bargained for. But for all that he 
emerged smiling, and remarked to the warder : 
" If it is your custom to carry your duty so far 
as this, I shall have to reduce my sentences." 
Punch's next number showed in a woodcut the 
Judge, in wig and gown, doing time on the 
treadmill. This episode naturally leads one on 
to another, which also illustrates the Haroun al 
Raschid side of John Day's character. This 


is two or three years later, Liverpool being the 
scene of the escapade. At the time, many 
crimes of violence were being perpetrated in 
that city by hooligans belonging to what were 
known as the High Rip and the Logwood Gangs. 
The stipendiary magistrate (Mr. Llopwood) was 
notoriously lenient in his handling of these 
roughs. With the help of Chief Inspector 
Robertson, of whom the Judge held the highest 
opinion, it was determined that a strong attempt 
should be made to stamp out this social pest. 
My father decided to study their night-habits 
in their native environment. His son Frank 
Day was his Marshal for that Assize. A well- 
assorted trio, they sallied out in the late evening 
to visit the chief haunts of crime. According 
to a cutting from The Sporting Times (a suitable 
organ for recording such an exploit) they " in- 
cluded in their nocturnal itinerary the ill- 
famed Loose Box and the Long Jigger." To 
Liverpool men these names may have a known 
connotation • but on their own merits they make 
an appeal even to the least imaginative. At 
first the mistake was made of inflicting a short 
term of imprisonment with the maximum allow- 
ance of the " cat : " then in one or two cases the 
doctor intervened, and declared the culprit 
medically unfit for so many lashes : the result 
was that thenceforth the medical examination 
preceded the final adjustment of the sentence. 
Thus there was no escape from the severity of 
the law. 

If I give an example here of Day's mode 
of passing sentence on such malefactors, let 
it be well understood, that though many who 
did not know my father believed he took 

120 JOHN C. F. S. DAY 

pleasure in the process, any deliberate touch of 
cruelty was altogether foreign to his nature. 
This, however, may also be said : that being 
master of his own motive and mood, both pure, 
he was not always quick to detect that he was 
giving pain j he was not gifted, Newman-like, 
with a true apprehension of the feelings of 
others. Day would begin in his sotto-voce 
guttural tone : "I shall not sentence you 
to a long perod of imprisonment." The 
wretch would grin at the prospect of lenient 
treatment. " I consider yours a case in which 
the rate-payers' money would be expended 
to no good purpose ; and so I shall not 
send you to penal servitude." Were the pri- 
soner ignorant of this Judge's methods, he would 
by now be jubilant. " But I shall sentence 
you to twelve months' hard labour, with twenty- 
five strokes of the cat when you go in, and 
another twenty-five when you come out." At 
this the criminal would collapse ; and the Judge 
would add : " Show your back to your dissolute 
friends when you come out." In another case 
where the prisoner fell on his knees in entreaty, 
he addressed him this : " Get up, you cowardly 
rascal, and take your punishment like a man." 
Some bad characters faced imprisonment with 
composure, but would often howl at the prospect 
of being flogged. The humanitarian who claim- 
ed that flogging would brutalise them had no 
real acquaintance with the type. Day's con- 
viction was that the only appeal to their reason 
was through their epidermis. Statisticians cal- 
culated that in fourteen years he inflicted 3,766 
lashes on 137 criminals; and one pen computed 
that to the redaimable he wouldgive four months 


with forty lashes, and to those beyond redemp- 
tion seven years, calculating from these data 
that in his table one laeh was equal to two 
mouths. All Liverpool people who have ever 
talked to me about it admit gratefully that 
John Day did much toward stamping out crime ; 
but members of philanthropical societies, and 
some others, denounced "the flogging Judge" as 
a well-meaning brute, and regarded his method 
of dealing with criminals as mediaeval and 
mistaken. According to them, such severity 
is useless as a deterrent, and effects only further 
demoralisation in the poor wretch submitted 
to it. The Daily News strongly advocated this 
view. If we are to believe these writers, the 
best means for preventing crime is to increase 
the efficiency of the police and of the detective 
department. No doubt Mr. Justice Day would 
have concurred with this opinion, without ad- 
mitting that it is a full substitute for severity. 
Others, including well-disposed critics, con- 
sidered that his tone in addressing prisoners 
savoured too much of personal resentment ; 
and that in the case of those accused of sexual 
offences his very special abhorrence of this 
type of immorality led him to be more readily 
satisfied that they were guilty than would have 
been the case were the charge of a different 
character. It is enough to record these stric- 
tures without further comment. Certainly in 
cases where severe temptations to dishonesty 
were yielded to, the Judge would often show 
much leniency. He did not hold property 
nearly so sacred as the human person. The 
Yorksliirc Daily Post (Lancashire and York- 
shire always appreciated him) recounts that on 

122 JOHN C. F. S. DAY 

one occasion when he was compelled to pass a 
heavy sentence on a young offender, the Judge 
would not dine till he had visited the youth in 
prison, talked to him quietly, and exhorted him 
to amendment. A priest who gave a retreat 
some years ago at one of the Good Shepherd 
convents told me of an interview with a penitent, 
at the time leading a holy life, who ascribed her 
rescue from vice to the kindly interest my father 
had taken in her after her arrest. 

On becoming a Judge, Sir John must have 
taken a firm resolution to keep the humorous 
side of his nature under strict control. Although 
he had acquired a great reputation as a jester 
at the Bar, he did little to maintain it on the 
Bench. He felt that the seriousness of the 
issues at stake in criminal trials made any form 
of facetiousness unseemly. But in civil cases 
a little ripple of fun would from time to time 
relieve the boredom of the proceedings. These 
utterances were not jokes borrowed from jest- 
books, nor suited to shine in such collections ; but 
they were original, whimsical, and often lumin- 
ous. Nor did he seem to care whether or not 
they were appreciated. There was an inner 
circle that thoroughly relished them. 

A few examples of his judicial humour may 
interest the reader. One day a tedious barrister 
fell into a disquisition on the various kinds of 
bags. The subject of bags was indeed involved 
in the case, but did not require the exhaustive 
treatment given it. " Then, m'Lud," said Counsel 
in his long speech, " comes the question of the 
bags. They might have been full bags, or half- 
full bags, or again, m'Lud, they might have been 
empty bags." Mr. Justice Day (with a meaning 


look, and an effect on the Court that was truly 
magical) : " Or wind-bags ! " Another time a 
popular actress conducted her own case. After 
having engaged in several spirited encounters 
with members of the Bar, she at last took 
the Bench to task for a monosyllabic utterance 
in which it had indulged. The Bench defended 
itself in these words : " Madame, I decline to 
be cross-examined." My father keenly enjoyed, 
as I remember well, the humour of the Irish- 
man to whom he mentioned that in a certain 
Welsh Assize town, he had, owing to their 
being no criminal work, received the white 
gloves : " Sure, they're a mane-spirited lot, your 
Lordship ! " The following is told of the Victoria 
Courts, Birmingham. A young barrister was re- 
presenting a prisoner who stood in the dock on 
some charge or other, and, waxing eloquent 
upon the many virtues and lamb-like innocence 
of his client, ventured to remind ("he jury that 
it was an insult to their intelligence to tender a 
defence. " In fact," said Counsel, with a 
grandiloquent flourish, " it is ridiculous to have 
retained me to submit his case. Had he stood 
unrepresented by me, I feel sure he would have 
walked out of the dock a free man." Mr. Justice 
Day, with a quaint smile, added : "I quite 
agree with you, Mr. So-and-so." The Court 
laughed, the young lawyer collapsed, and the 
man got six months. 

It was remarked by the foreman of the jury in 
a forgery case that it was incredible that any 
forger should show so little cunning. The jury 
itself was a particularly stupid one. The Judge, 
fully conscious of their intellectual shortcomings, 
made the following profound comment : " If the 

124 JOHN C. F. S. DAY 

prisoner was content only to deceive the person 
whom he wished to defraud, you have no reason 
to complain that he did not put forth sufficient 
skill to deceive intelligent men like yourselves." 
It was once written of Day by a provincial paper 
that he was possessed of an " annihilitical " 
mind : perhaps this was an example of it. 

His note to Judge Willis, with regard to the 
funeral services of Baron Huddlestone, though 
not altogether relevant, may be slipped in here. 

" My Dear Willis, 

" I had intended to go with my brother 
Huddlestone to the grave ; but since he has 
decided to go off in flame, I cannot accompany 

"J.C.D." (u 

I have said that articulate utterance was, to 
my father's mind, a matter of the highest im- 
portance ; and mumbling an unpardonable of- 
fence. His objection to barristers wearing 
moustaches was partly because he considered 
this appendage opposed to the best traditions 
of the profession, but mainly because it tended 
to smother speech. On one occasion he ad- 
dressed an indistinct and moustachioed counsel 
as follows : " How can you expect to make 
yourself heard and understood when you cover 
your mouth over with a haystack ? " Gen- 
erally speaking, he was kind and courteous to 
young barristers, so long as they seemed to have 
prepared their brief and were not bumptious. 

The few hours that Sir John Day slept on the 
Bench may be forgiven him. While a Napoleonic 
gift of sleeping at will lengthened his life, it cer- 
tainly stopped far short of a wicked formed habit, 


and did not appreciably damage his efficiency. 
Once, however, during a long trial on the 
relative merits of cloth, in which there was sure 
to be an appeal, he deliberately composed himself 
to slumber, and continued in a condition at least 
semi-unconscious for three or four hours. Lock- 
wood was busy with his pencil that afternoon. The 
ventilation of many of our Courts was mainly 
responsible for the somnolence. When alone, 
Day always had the maximum of air admitted ; 
but when other Judges, not addicted to fresh 
air, sat with him, this was not always possible. 

He was extraordinarily quick in dealing with 
cases, and would dispose of twelve " short 
causes " in a day, where four would be the 
average. His notes sent up to the Court of 
Appeal were usually exceedingly brief, and 
only intended to be of practical utility. In 
this and in all other matters, self-advertise- 
ment was abhorrent both to his self-respect and 
to his genuine modesty in his own regard. One 
such short note was distinctly humorous. It 
was his only comment on a long tedious " nuis- 
ance " case, in which a gentleman with a pro- 
minent nose was the defendant. " He says he 
did not smell it— with such a nose!" Their 
Lordships of Appeal must have enjoyed a good 
laugh, and felt grateful to their "Brother Day" 
for it. 

It was on the nth December, 1885, that my 
father delivered a lecture on " Beauty " to the 
Bath Literary and Philosophical Society. It 
was composed after he had come under the 
influence of Ruskin's magic wand. At the same 
time, it is not the work of a servile disciple or 
imitator of that great master. He probably 

126 JOHN C. F. S. DAY 

understood better than Ruskin the philoso- 
phical basis of art. He brought out his lecture 
in book form ; and it was while engaged on this 
task that perhaps for the only time in his life 
(the only time known to me) he departed from 
his strict rule of early bed, anything much after 
ten being regarded as late. In the Appendix 
may be found several extracts from this opuscu- 

In 1886 Sir John came prominently before 
the public as President of the Belfast Riots 
Commission. As usual, he went to work deter- 
mined to do the strong thing. The oppor- 
tunity soon arose. He ruled that counsel were 
only to be heard as amici curies, and were not 
to be allowed to cross-examine. The repre- 
sentatives of the Irish Bar opposed this ruling 
tooth and nail. They left the Court in high 
dudgeon, the chairman continuing the Enquiry 
unmoved. When they returned with a written 
protest, he calmly said to the policeman who 
was giving evidence : " Please continue your 
story." Far from interrupting the proceedings, 
he would not even allow an adjournment in 
which the grievance might be discussed. The 
Chief Secretary, Sir Michael Hicks Beach, was 
referred to, and in a friendly way did what he 
could to smooth the troubled waters. On the 
fifth day the Bar returned, in practical sub- 
mission to the ruling ; and it has been followed 
as a wise precedent, though not without pro- 
tests, on similar Enquiries. Threatening letters 
and such-like tactics were absolutely disregarded. 
The Commission lasted nineteen days, and is 
generally admitted to have achieved its object 
successfully. Several useful reforms resulted from 


it ; for years after there was no serious recrudes- 
cence of the riots. My father's fellow-Com- 
missioners at Belfast were General Sir E. Bulwer, 
Mr. F. Le Poer Trench, Mr. R. Adams and 
Commander Wallace McHardy. The latter is- 
sued a separate report. A Belfast priest ad- 
mitted that although no man at the time was 
better cursed than Mr. Justice Day, yet, in the 
years following the Commission, no man was 
more cordially blessed. One of the local papers 
remarked on his keen searching look, which 
gave everyone the impression that he took in 
everything that was said, and that he scrutin- 
ised the deportment of witnesses. His allusion 
to " Orangemen beating tom-toms like Chinese 
barbarians " was not intended to please that 
faction ; but all impartial critics admitted that 
he held the scales of justice in a firm and even 
hand, and that political clergy would receive 
scant sympathy from their co-religionist. Once, 
a passage of a particularly un-Christian character 
was read from a composition by a minister of 
the Orange party. " What is that from ? " 
" From a sermon by Dr. Hanna." " What ! " 
(with deep-drawn indignation) " from a dis- 
course delivered in some house of God ? " 

It would be out of place for me to dwell at any 
length on the Parnell Commission, which belongs 
to general history. It shall only be touched 
on as an incident in the life-story with which 
we are concerned. Hannen, L. J., Day, J., and 
A. L. Smith, J., (to use the abbreviated form 
of the Cause Lists) were appointed to conduct 
a commission to enquire into the methods of 
the Nationalist party in Ireland, and of its 
leader, Charles Stewart Parnell. Day felt 

128 JOHN C. F. S. DAY 

strongly that it was not the proper function of 
Her Majesty's Judges to pass sentence on a 
chapter of history. He had, as we have seen, 
made enemies at Belfast. They now had an 
opportunity for protesting against his appoint- 
ment to this new Irish Commission. They 
represented that he was anti-Irish in his senti- 
ments, and in his general outlook on life a 
Spanish Inquisitor. John Morley, in the House 
of Commons, read an extract from a letter 
written to him by one of Day's Belfast colleagues, 
portraying Mr. Justice Day as " a man of the 
seventeenth century in his views, a Catholic as 
strong as Torquemada, a Tory of the old high- 
flier and Non- Juror type." Quite a storm raged 
round the nomination. Before things were 
decided, several prepaid telegrams from the press 
were received by Sir John, asking whether or 
not he was appointed. He calmly destroyed 
them. Such conduct did not endear him to the 
newspaper world. In spite of Gladstone's ad- 
verse vote he was appointed Commissioner 
No. 2. He naturally entered on the job, which 
was to last one hundred and thirteen days, 
somewhat grimly. Once, as a result of the strain 
of these tedious proceedings, he was betrayed 
into a fit of Homeric laughter which proved in- 
fectious. William the Silent gained his surname 
much more easily than John Day. Throughout 
the long fruitless proceedings, relieved only by 
the eloquence of Charles Russell, my father, 
with one single exception, went on saying noth- 
ing. The solitary remark he made may have 
slipped out by accident. Lockwood, who was a 
diligent student of his physiognomy, seized the 
occasion and immortalised it with a cartoon 


entitled " ' Day unto Day uttereth speech.' " 
Sir James Hannen had said : " I cannot see how 
this remark is relevant/' Day supporting him 
by adding : " Neither can I." Sir A. L. Smith 
was also sparing in his speech ; and one of the 
papers took the opportunity of reviving thus 
the tale of the three silent monks, as a parallel 
to the taciturn Judges. " The quiet of these 
Judges recalls the mediaeval Gaelic story of the 
three monks who retired from the babble of the 
world. At the end of a year of silence, one 
looked up and said : ' This is a good life.' After 
a deep pause of twelve months, the second re- 
plied : 'It is so.' The third monk flushed 
angrily, and after a further year exclaimed : 
' Unless ye give me more peace and quietness, 
I'll return to the world.' " 

The notes which Day handed in to the Presi- 
dent at the end of the long trial were scribbled 
on one half-sheet of note-paper. Nevertheless, 
it was he who in the early stages of the trial 
directed attention to at least one point which 
proved of crucial importance. The Dictionary 
of National Biography records that " although 
Mr. Justice Day throughout the Parnell Com- 
mission wore an expression of profound bore- 
dom, yet it was gossip in the Temple that it was 
his insistence on early proof being tendered of 
the authenticity of the letters attributed to 
Parnell which forced Pigott into the box, and 
led to the collapse of that part of the case." 
My father had not attempted to improve the 
occasion or to play to the gallery ; but in days 
when chatterboxes may be found even on the 
Bench, he held his tongue. And " no one knows 
how much energy it requires in a Judge to hold 


130 JOHN C. F. S. DAY 

his tongue," says Sir William Alexander. The 
impression of my mind is that he never spoke 
unless he had something worth saying : and he 
usually had plenty ! Indeed, on social occasions 
he relieved the rest of the family from the need 
of making conversation. 

One word further as to the painful controversy 
with regard to my father's fitness to sit on the 
Parnell Commission. On one point in connec- 
tion with it, I was at the time behind the scenes, 
and can endorse fully what was hinted at by 
one or two journalists as to his magnanimity 
in dealing with his chief critic. Whatever 
faults John Day had, he was never small. 

It was during this Commission that he met with 
an accident. He was walking to Court along 
the Embankment. When crossing the road near 
Charing Cross in his usual style (choosing a pro- 
pitious moment and then, without looking to 
right or left, shooting across in a bee-line), a 
cab knocked him down, and one wheel passed 
over his chest. The man in the cab, with prompt 
decision, had jumped out to lessen the weight. 
The mishap occurred in the afternoon. That 
evening the Judge and his wife were to dine out, 
— I think at Lord Coleridge's. The shock to 
my mother kept her at home, but my father, 
accompanied by Miss Day, presented himself 
duly at the tryst. "Here is the one that met 
with the accident," he explained : " the one who 
suffers from it is at home." Certainly his 
pedestrianism, as one description of it says, 
" smacked of the primeval and the heroic. Yet 
even his enemies do not contend that he often 
broke bones, or walked otherwise than politely 
over a wayfarer who in the shock had lost his 


balance." There must have been more method 
in his onrush than was commonly supposed, as no 
case ever came under my notice in which he im- 
pinged on any fellow foot-passenger. Once in 
the drawing-room at Collingham Gardens, when 
Judge Bagshawe remarked that Sir John must 
have an especially efficient angel guardian, my 
mother qualified the remark by adding that she 
would rather have one who might prevent him 
from going into danger than one who would 
pluck him out from it. His physical vigour was 
always great. One of the sons who was teach- 
ing at St. John's Preparatory School, Beau- 
mont, Old Windsor, being laid up in the course 
of 1892, Sir John, accompanied by Mr. S. Day, 
came to see him. They walked the three or 
four miles across the Forest. On nearing a 
ditch, the Judge could not resist the temptation 
of a broad water-jump. The bank was slippery ; 
the attempt ended in soused feet and muddied 
garments. He made light of his discomfiture. 
On the arrival at St. John's, Fr. Lynch, S. J., 
quickly diagnosed the trouble, and the athlete 
was soon rigged out in full c lerical attire, while 
his own clothes were sent to be dried and 
brushed. He was then aged sixty-six ! 

He was never sympathetic with golf-players, 
uncivilly alluding to them as " lunatics," and 
crediting them with homicidal mania. When he 
would meet some congenial friend at a sea-side 
hotel, say at Seaford, Eastbourne, or Sidmouth, 
he would express his delight at having someone 
to talk to, " without that eternal golf." 

A picturesque old-fashioned feature about 
his " circuiting " as a Judge was that wherever 
it was at all possible, he travelled on horseback. 

132 JOHN C. F. S. DAY 

Probably he was the last English Judge to do so. 
The Marshal and my sister, Miss Day, would 
usually be of the party. It was partly with a 
view to making time for the ride from town 
to town that he often sat late in Court. On one 
occasion when the dinner-hour passed, and the 
Judge showed no sign of bringing his labours 
to a close, a member of the Bar wrote these 
lines, which quickly found their way to the 
Bench : 

" Try men by night ? My Lord, forbear ; 
Think what the wicked world will say. 
Methinks I hear the rogues declare 
That justice was not done by Day ! " 

Although unassuming in all personal matters, 
John Day was, in moderation, a stickler for the 
due observance of official decorum. A Judge 
on circuit, as the special representative of the 
Sovereign, is entitled to marks of respect not 
paid to him at other times. I remember being 
told by my father that once, as Judge of Assize, 
he deliberately declined the honour of meeting a 
member of the Royal Family, to avoid any 
embarrassment to which the question of prece- 
dence might give rise. 

An English Judge of Assize is provided with 
an official whose principal function is to swear 
in the Grand Jury. The Judge selects for this 
pleasant sinecure some young friend who is 
likely to prove companionable, and who will 
be glad to pocket the fee attached to the 
office. Perhaps it is traceable to the ecclesias- 
tical tradition in favour of a socius. The 
scriptural warning, Vce soli, has been quoted 
in support of the practice. But if the Judge 


and the Marshal are not congenial, it is likely 
to be a case of Vce marescalco ! It must regret- 
fully be admitted that this touches upon one of 
the blots on Mr. Justice Day's escutcheon. 
There are several men now middle-aged, who 
in their youth went as Marshal with him, whom 
I would hesitate to ask for a character of the 
Judge which could be published in these pages ! 
He showed then, alas, for some reason to me 
unfathomable, too much of his dour and grumpy 
side. One of these unfortunates drove out with 
him to visit the High Sheriff. A delightful 
afternoon was spent, and Sir John was sociabi- 
lity personified. But when the two were again 
in the carriage (Sir John alone on the back seat, 
according to circuit etiquette), the reaction 
set in : and to quote the Marshal's happy phrase : 
" His jaws shot to like a rat-trap, not to open 

As a set-off to this sombre picture, I am 
pleased to be able to add the following testi- 
mony from the Hon. F. Russell, K.C., who in 
1891 or 1892 accompanied the Judge as Marshal 
on the Oxford Circuit. 

" We rode from town to town the whole 
circuit, and great fun we had. I remember 
being greatly struck by two things : first, the 
Judge's fervid piety, and second, his almost 
boyish joviality when jokes were afoot. He 
used to make me rattle off any songs I knew, 
and even joined in the choruses when he knew 
them well enough. I often wondered what 
people outside would think if they could look 
in on the scene of the Judge and his Marshal 
spending the evening together ! " 

134 JOHN C. F. S. DAY 

Another Marshal, whose six weeks had not 
been gladdened with judicial sunshine, writes 
generously as follows ; 

" I should like you to believe, however, 
that I have no dark memories of the Judge, 
nor ever had any. Something in my blood 
has endowed me with a good deal of imagina- 
tion, and I was well able to put myself in 
your father's place. He looked upon his 
Marshals as parasites ; and so we were. His 
only shortcoming was that he himself did not 
use his imagination to the extent of realising 
that, though we were parasites, we could not 
help it. And, in the silence that he often 
made me observe, I would contemplate and 
marvel at his wonderful courtesy to others." 

It was the spring of 1893 on the Midland 
Assize. Lady Day. although feeling unwell, 
decided to accompany Sir John, as his health 
at that time needed a little watching. My 
father, for years used to her delicate constitution, 
attached too little significance to symptoms of 
decreasing vitality. The Marshal happened to 
be a medical man, who also regarded my mother's 
weakness as simply the result of a bad cold. 
She knew better, and returned from Derby to 
London with the conviction that the end was 
approaching. My unmarried sister, whom she 
loved tenderly, lavished on her the rich stores 
of her affectionate nature. A specialist (Sir 
Richard Quain, who had attended my father in 
1859) too late detected a disease which gravely 
complicated her condition. After receiving all 
the helps which the Church offers to its dying 


children, she became unconscious. On awaking 
she made the enquiry so characteristic of her 
whole life : " Have I done everything ? " It 
was lovingly recalled to her memory that all 
Sacramental preparations for eternity had been 
made. The final stage of the illness was so 
rapid that several members of the family were 
unavoidably absent. Her husband, two daugh- 
ters and a son witnessed my mother's happy 
passage from this world to the next. She was 
seated in a chair under the arch between her 
bedroom and her boudoir, which were separated 
only by a curtain. Her daughter Mary sup- 
ported her, while my father held her hand. All 
who knew her loved her, and were plunged in 
grief. It was Palm Sunday, March 26th, for her 
indeed " the Sabbath-day which is reserved for 
the people of God." She, born March 21st, 
1825, had just entered on her seventieth year. 
She was buried on Maundy Thursday. By a like 
coincidence, my father's birth and death both 
came to him in June. 

On March 3rd, my mother had written to me 
(her youngest child), then in Cape Colony, a 
long letter, giving me all the news. She had 
joined the circuit at Bedford, and had already 
visited Northampton, Leicester, Lincoln and 
Nottingham. The letter in which my father 
breaks to me the news of our terrible bereave- 
ment is in the Appendix, and testifies eloquently 
to his great love for the wife of his youth. 
Six years later, writing to me on Lady Day, 
1899, he says : " To-morrow is the very actual 
anniversary of your dear mother's death. 
R.I. P." Palm Sunday had recurred on March 

136 JOHN C. F. S. DAY 

It was in January, 1896, at Haverfordwest, 
that my father's right hand became for a short 
time almost useless for writing. By one mail I 
received a postcard, dictated to his clerk, Mr. 
Field, telling me of this attack, supposed to be 
of a gouty nature, and by the following mail a 
letter Written with difficulty bv himself, an- 
nouncing slight improvement. It was probably 
a symptom of threatening paralysis. His letter 
ends : " Excuse execrable writing. I wish I 
could write more." Unfortunately, his letters 
to my mother were destroyed after her death. 
She had kept nearly all her letters carefully 
arranged in packets. But one who looked 
through many of them assures me that they were 
beautiful letters, full of affection. Indeed, all 
the members of Ids family are able to give 
similar testimony about letters received from 
him. He was a most faithful correspondent. 
During my four years in Cape Colony, almost 
every mail brought me a postcard from my 
father. When I was a boy at school, and he 
was travelling on the Continent, a postcard 
would come every day or two reporting his 

In August, 1898, some festive celebration was 
held at the Benedictine Monastery of Fort 
Augustus, while Sir John Day was spending the 
inside of a week with the hospitable monks, who 
were loth to let him go. A secular priest, Fr. 
Brabazon of Caverswall, who was one of the 
party, tells the following tale. It was a wet day, 
and some of the younger guests hit on the idea 
of a mock trial as a plan for passing the time. 
The prisoner was a young cleric who had brought 
on himself these legal proceedings, by playing 


practical jokes on the others. The Judge, 
entering into the spirit of the diversion, played 
his part with entire gravity, and eventually 
pronounced that the reverend gentleman, the 
accused, left the court without any blemish on 
his character. 

In February, 1899, he was honoured with an 
enthusiastic public reception organised by the 
Catholics of Wigan. 

In 1900, a year before his retirement, Sir John 
Day married Miss Edith Westby, whom he had 
met at a house-part)- at Sir Donald McFarlane's 
in the Whitsuntide of 1899. They were married 
at the Oratory in the following spring, seven 
years having elapsed since my mother's death. 
The chapter on his later years will show that 
this second union served most successfully to 
brighten and gladden the period of enforced 
rest. The second Lady Day is the daughter of 
Edmund Westby, of whose family Burke makes 
the following mention : " The family of Westby 
is one of the ancient Catholic houses still numer- 
ous in Lancashire. The West by s were originally 
from Yorkshire, but had a settlement in Lan- 
cashire prior to the Conquest." 


His Interior Spirit 

With many men religion is only an accessory 
to life : their biography might be honestly 
written with only a slight allusion to the sub- 
ject. But with John Day there is no doubt 
that it belonged to the substance of existence. 
To omit it would be to leave out the most 
prominent motive power in his career. He 
inherited this faculty for taking religion ser- 
iously from his parents and their parents ; 
he held to it with tenacity, and desired greatly 
to hand it on. For a short time, as a young 
man (a matter of months at most), he had come 
under the influence of rationalistic doubts ; 
but with the exception of that brief partial 
eclipse, religion, practised in the definite form 
in which he had received it, was the sun that 
lit and warmed and sustained him during the 
seventy-five years in which he led a fully con- 
scious life. In the marriage ceremony there 
is mention of " having and holding " : he " had " 
it and " held" it. The writer in the Dictionary 
of National Biography speaks of his Catholicism 
as having been of " the Continental type." 
I cannot endorse this view. One obvious criti- 
cism is that the term " Continental," when 
applied to Catholicism, is, if not a contradiction 
in terms, at least vague and unsatisfactory. 
John Day started life with the simple, old- 



fashioned, severe Catholicism prevalent at that 
time in England. Although his year in Rome 
and subsequent schooling abroad helped to 
remove prejudices against frequent Holy Com- 
munion and to destroy other remnants of 
Jansenism, it made no substantial change ; 
and in his old age he maintained the same 
childlike and manly faith, in every way typical 
of the English Catholics of his generation. 
Although prepared to accept anything when 
endorsed by infallible authority, he was by no 
means credulous. To the end he was a firm 
believer in the sterner side of the divine attri- 
butes. He refrained from all devotions which 
he considered fanciful or far-fetched, but always 
loved the solid adjuncts to religion. He never 
liked English prayers being tacked on at the 
end of Mass : he likened this to sending off 
pop-guns after the discharge of heavy artillery. 
He objected strongly to a lazy popular habit 
at Mass : that is, to kneeling without rising 
again at the Vcrbum caro factum est of the Last 
Gospel. Apparently this abuse was creeping in 
in his boyhood. He has told me of an old 
gentleman at Bath (Mr. Connelly, I think) who 
said to him once that the next thing would be 
that people would take to lying down in Church ! 
(In mediaeval days they seem never to have 
even sat, save for the sermon). My father 
would say his rosary-beads in a railway com- 
partment with little, if any, attempt at conceal- 
ment ; and the movement of the lips, without 
which he could not pray, gave evidence of the 
nature of his occupation. And often his praying 
in Church was far from noiseless. His friends 
regarded this sometimes annoying pecularity 

140 JOHN C. F. S. DAY 

as part of his incurable thoroughness. Once 
when staying in a country house where there 
was a private oratory, he was found quite 
unexpectedly by one of the other guests, also 
piously inclined, praying all alone in his most 
vehement manner. A lady once said of him 
that at times, when thus engaged, he appeared 
to be threatening the Almighty ! This appear- 
ance must have been caused "by his wrestling 
with distractions or other disturbing thoughts. 
His favourite form of prayer was praise and 
thanksgiving. Once when "re turning from St. 
Mary's, Holly Place, Hampstead, the little 
Church presided over by " Mr. Purcell " (as my 
father in his old-fashioned moods would style 
him), he called my attention, as a child, to that 
splendidly unselfish prayer in the Gloria : Gratias 
agimus tibi propter magna m gloriam tuam, in 
a way which I never forgot. 

It was always my father's practice to raise 
his hat when passing a Catholic Church. One 
of his brother-Commissioners at Belfast noticed 
this, and by way of a joke (a poor and unworthy 
one) would nudge him as they passed other 
places of worship, with the result that in several 
cases Day saluted them, until he discovered 
that he was not being treated with good faith. 
His instinct for reverence and religious loyalty 
was deeply rooted. 

I have heard him defend for argument's 
sake the thesis that pride is more pardonable 
than vanity. Though this view is theologically 
untenable, the fact of his saying all that could 
be said for it throws a side-light on his character. 
He certainly was not vain. And when once in all 
simplicity he asked a religious supposed to be 


versed in such matters to teach him to pray, 
as although he said a good many prayers every 
day he never felt that he did it properly, one 
might be pretty sure that there was not much 
pride of the wrong sort in John Day's com- 

He was a great reader of all thoughtful 
ascetical and theological literature • Longmans, 
Burns and Oates, and some other publishers 
must have loved him well. Like Nicoll of 
x\uchindoir, he acted as if it were " never safe 
to have only one copy of a book " ; and he was 
constantly giving away volumes of favourite 
authors. Every evening, in the drawing-room 
at home, seated in the armchair with the re- 
volving-bookcase close at hand, he went through 
his literature, sacred or profane, lovingly and 
methodically. This always included a chapter 
from the New Testament in Greek. One of his 
favourite sayings was that " reading fattens 
the soul." A lifelong lover of the Psalmist, 
he, too, was determined to stave off the sterilitas 
animce mece. Works on art, folk-lore, books 
on the English language and on etymology in 
general, provided his favourite mental nour- 
ishment. The Latin hymns of the Middle Ages 
were especially dear to him. To pass to the 
other pole, Planche's extravaganzas enjoyed 
a period of favour, and Marbot's Memoirs were 
consumed with avidity. The only novels which 
he ever read were the classic ones, and those 
rarely. He was inclined to regard all other works 
of fiction as " trash," and to condemn them 

It was always a delight to him to visit religious 
houses at home and abroad. His fear of over- 

142 JOHN C. F. S. DAY 

sleeping in the morning would often result in his 
being the first to get up j and likely enough he 
would wish to make his confession before the 
first Mass, with a view to receiving Holy Com- 
munion. Although he never showed any symp- 
tom of scrupulosity strictly so-called, he was, if 
one may express it so, on the ultra-conscientious 
side. Always and everywhere, he was an early 
riser. A solis ortu is the motto on Sir John 
Day's armorial bearings, which are to be seen 
in the Middle Temple Dining-hall. He loved 
the sun in its rising and in its setting, nor would 
he shut out its rays even in the noonday heats. 
I have heard of him as visiting the Notre Dame 
Convent at Mount Pleasant, Liverpool, New 
Hall, Chelmsford, and of course Abbotsleigh, 
Newton Abbot. And he took particular pleasure 
in visiting St. Beuno's Theological College, St. 
Asaph, during the years when his two Jesuit 
sons were there. Both here and at the semi- 
naries of Oscott and Ushaw, he would always 
intercede with the President to obtain a holiday 
for the students. 

He took an intelligent interest in everything 
that concerned the working of the eccles- 
iastical machinery. If he did not often take 
an active part in Catholic life, it must have been 
that the fear of being, or appearing, fussy or 
officious restrained him. In the days of Dr. 
Danell, Bishop of Southwark, whom he regarded 
as "a man after God's own heart," he de- 
lighted to take us on pilgrimage to that Cathedral 
in order to hear the Masses of Haydn and of 
Mozart rendered with full orchestration. Pius X 
had not yet issued the Motu Proprio on eccles- 
iastical music, and John Day, in the simplicity 


of his heart, considered these flamboyant Masses 
as the lineal descendants of the Temple-worship 
of the old Jerusalem, and a foretaste of the 
New ! 

A priest devoted to his work was sure to 
find in him a zealous friend : he, could also be 
like Sir Thomas More, with whom he had 
several features in common, a severe critic of 
clerical shortcomings. When prelates ap- 
proached him for advice, as they sometimes 
did, his best wisdom was put at their disposal. 
He was strongly in favour of the centralization 
of seminaries ; and when one Bishop took him 
over his own little local institution, consisting 
of two or three lodging-houses tacked together, 
his face, during the ordeal of inspecting the 
premises, must have been a spectacle for men 
and angels. A reliable witness tells me that 
in one case a letter written by him as a Judge 
from the Law Courts to Rome helped greatly to 
prevent a certain Catholic lawsuit which would 
have caused much scandal, from coming before 
the public. 

When he was the guest of the Fisher Society 
at Cambridge (perhaps about 1890), he de- 
clared to the young Catholic undergraduates 
in an amusing after-dinner speech, that now-a- 
days he scarcely' knew that he was that thing 
apart, a Catholic. When he was a boy there 
was no mistake about it ; but now there was no 
sort of persecution to remind one of the fact, 
and the Anglicans were busy adopting most 
of our practices. He went on to draw a wicked 
sketch of some modern ritualistic Bishop trying 
on a variety of Romish vestments in his bed- 
room, with his wife as a critic of the fit and style. 

i 4 4 J 0HN c - F - s - DA Y 

The love of liturgy was strong in him. He 
revelled in Vespers and Compline, and could take 
part in the chant without the help of a book. 
On March nth, 1908, three months before his 
death, one of his priest sons went to see him. 
He was laid up in bed, and owing to an acute 
heart-attack his mind was weak and wandering. 
His son sat close to him, saying his Office. 
When he came to the lirst Vespers of the Feast 
of St. Gregory, he said them aloud, knowing 
that it would be pleasant for his father to listen 
to the sweet cadence of the Latin Psalms. When 
he reached the anthem Ideo jurejurando his 
memory failed him ; for to say prayers to one- 
self is one thing, to say them aloud quite dif- 
ferent. Sir John, in a strongly articulate voice, 
supplied the missing portion : fecit ilium Dominus 
crescere in piebcm siuim. 

He would not resign until close on the end 
his privilege of serving Mass when celebrated 
in his oratory, and insisted on doing it, as he had 
done it as a boy, with the utmost thoroughness, 
and without the well-merited alleviation of a 
prie-dieu. Helping to carry the canopy in the 
Corpus Christi procession was another public 
exercise of religion which he always prized, and 
which he practised on the Corpus Christi Feast 
before his death, although the strain was 
considered dangerous. 

Judge Willis has a lovely passage on Sir 
John Day's cleanness of heart and mind, and 
exemplifies it by the way in which, when 
visiting Continental picture-galleries, he would 
pass rapidly over any picture of too sensuous 
a character. Certainly I never heard him 
touch on any subject that could be called 


questionable, nor give the least encourage- 
ment to conversation on such topics. At the 
same time he had no prudishness, and a dirty 
(not indecent) story that was really humorous 
might, under fitting circumstances, be well 
received. His mind was liberal, and in many 
ways tolerant. He took strong views, and 
would denounce abuses vigorously. Neither 
Government was exempt from stern criticism. 
He would even recommend capital punishment 
for negligent cooks. But for all that, he was a 
strict non-interferer and anti-fusser, even to a 
pathetic degree. Here is a small illustration. 
It was at the burial of his eldest son, who had 
died in the Isle of Wight. Some of the little 
boys in surplices who stood by the grave were 
seen to be carrying on a joke of their own, in a 
manner sufficiently incongruous. One of the 
mourners, when the ceremony was completed, 
represented this to my father ; but he would 
not take any notice of it, nor allow the frivolity 
of youth to forfeit for them the recognition of 
their services. 

When he was first appointed Judge, the 
questions arose as to what should be done when 
on circuit alone on a Sunday. Could he attend 
the Anglican Church in state ? A precedent to 
that effect was quoted to him. He did not take 
long to decide this point ; but for confirmation 
of his view he looked in one evening on his old 
friend, Judge Bagshawe, a staunch character 
who had made a considerable sacrifice to be- 
come a Catholic. They both cordially agreed 
that a Catholic official should not assist at a 
non-Catholic service. When my father was an 
old man, a Catholic Mayor wrote to ask me 


146 JOHN C. F. S. DAY 

whether it was true that Mr. Justice Day had 
sometimes been present officially at Protestant 
functions. My father enabled me to reply to 
this question by return of post in an unqualified 
and emphatic negative. As often as possible, 
he would attend daily Mass both at home and 
on circuit. At the Old Swan Church, Liverpool, 
he was specially welcomed by his old friends 
the Benedictines, with whom he was quite at 
home. One Palm Sunday, at High Mass, it was 
arranged that he should be given one of the 
great palm-branches not usually distributed 
save to the clergy and the chief servers ; an 
offer was made to have it sent to the Judge's 
lodgings. But the Judge would not hear of this, 
and walked off gaily through the streets with his 
trophy, saying : " Palmam qui meruit ferat ! " 
In many cases he would be received with special 
honours, and provided with a prie-dieu in the 

Although he would denounce abuses and 
abominations with a vigour that would satisfy 
the most exacting, it was always on a large 
scale. There was no pettiness, and his talk 
about individuals was charitable. To say that 
anyone was " no conjuror " was as far as he 
would usually go in declaring him incompetent. 
Nor did he bear grudges. He was, morally, cast 
in a big mould. One of the family had a real 
grievance against somebody (let us adopt his 
phraseology and call her Mrs. Twoshoes) in a 
matter which was, although annoying, of small 
moment. After half an hour's silence on the 
subject, a severe allusion was again made to 
Mrs. T.'s delinquency. In a low voice he said : 
" I thought we had forgotten all about it. I 


would not trouble about it any more." After 
that we felt bound to take his larger view. One 
who had the opportunity of watching him 
passing through a certain very trying period 
assures me that he bore up admirably, expected 
no commiseration, and never spoke harshly of 
those who were to blame. 

When on a yachting cruise with Sir D. Mc- 
Farlane, one of the party, a son of his old friend, 
Judge Bagshawe, met with a bad accident, 
necessitating a night of severe pain. Sir John 
was by his bedside until morning, saying prayers 
from time to time, and doing all in his power 
to lessen the young man's discomfort. His 
almost mother-like attentions and his ])iety 
made a deep and lasting impression on the 

When my father went abroad he would buy 
some fine specimens of ivory crucifixes and make 
presents of them to members of the family. 
It was a well-chosen form of gift which came 
appropriated from the donor, one who believed 
firmly in Calvary and in all for which the 
Emblem of Salvation stands. But it would be 
encroaching on the " secrets of the King " to 
say more on this subject. 



During my mother's life, father always said he 
would retire on the day that his fifteen years' 
service expired, and she always maintained the 
contrary. He continued for four years after 
that date, and would no doubt have gone on 
longer had not a sharp attack of angina pectoris 
pulled him up suddenly in the midst of a long 
" right-of-way " case at the Oxford Assizes. 
The prospect of retiring while we are in full 
health and vigour is pleasant enough ; but when 
the time comes, the outlook of a long holiday 
with nothing between it and the grave is often 
much less alluring. When at last, in 1901, Sir 
John reluctantly sent in his resignation, he 
explained his action with a characteristic touch 
of philosophic common-sense by saying : " Why 
should I, at my age, go on working for £1,500 a 
year ? " This sum represents the difference 
between full pay, £5,000, and the retiring 
pension, £3,500. He always maintained the 
right of a Judge to practise at the Bar, if for 
any reason he chose to do so on retiring from 
the Bench. His direct ancestor, Sir Thomas 
Jenner, a Protestant in sympathy with King 
James II., was committed to the Tower on the 
absurd charge of subverting the Protestant 
religion, and was by William III. expelled from 
the Bench : but he resumed practice at the Bar, 
and defended a prisoner as late as 1702. 



I append here two of the letters which my 
father received at this time, both of which gave 
him intense pleasure. 

" Winterfold, Cranleigh, 
" Surrey, 22 October, 190 1. 
" Dear Day : 

"It is with regret that I learn the 
news conveyed by your letter of yesterday. 
We shall miss you very much. To me, to 
whom from the early days of my professional 
life, thirty-three years ago, you have ever 
shown the greatest kindness and friendship, 
it is the breaking of another cord which links 
me to my work. From the days when I at 
times took notes for you, you have been 
consistently and without a cloud or shadow 
my friend, and it has been a great honour to 
me to have been, if only for a short time, 
your chief. 

" Your name and memory will ever be 
respected and beloved by all who have known 
you ; and may you for many years enjoy a 
well-earned rest. I shall hope to see you 
soon. Believe me, now and always, 

" Your grateful and affectionate friend, 
" Alverstone (v)." 
The Hon. Mr. Justice Day. 

" 5, Tilney Street, 

" Park Lane, W. 

" October 2j, 1901. 
" ' And there was darkness in the Courts, 
For the Day was gone.' 

" My dear Day : 

" This morning's papers tell me that 

150 JOHN C. F. S. DAY 

your resignation is in the hands of the Lord 
Chancellor j and I hasten to wish you in your 
retirement that rest and repose which you 
have so well earned, with good health to 
enjoy it for many years. Had I still remained 
a member of the High Court, I should have 
felt regret at your departure, and sorry to 
realise the fact that after half a century 
during which we fought in early days many 
a fight together, and during our latter years 
sat together in peaceful dignity, in some- 
times too much ventilated Courts, upon the 
Bench, — we were at last severing the ties 
which bound us, to drift apart in different 
streams. But as I have been on half-pay for 
nearly three years, I am spared that pain and 
that severance, although I have never lost 
sight of you, my dear old friend, nor of your 
interests. And thus it is that on your retire- 
ment you must permit me to enrol myself 
as one of your old colleagues who often thinks 
of you and of the happy days both of our 
early and late struggles ; and who now wishes 
to you and yours everything that can con- 
duce to your happiness and comfort to the 
end of life, and every enjoyment of the days 
which are to come. 

" Believe me always 

" Most sincerely yours, 
" Brampton." 

The Times commented : 

" One or two familiar faces will be missed 
when the Courts meet next week. One of the 
Judges who will be absent has well earned 
his right to repose. It is many years ago 


since Mr. Justice Day made his mark in the 
Nisi Prius Court. Two or three generations, 
as practising lawyers count them, have come 
and gone since his edition of the Common 
Law Procedure Acts was the text-book ac- 
cepted by the profession. They who could 
recollect his skill as a cross-examiner, his 
victories won from juries by his keen humour, 
and his sagacity when he was the rival or 
successor of Ballantine and Parry, have passed 
away or have grown old. Perhaps, as a 
Judge, especially of late, he did not fulfil 
the high expectations of his friends. Per- 
haps he grew too confident in his remarkable 
uimbleness of intellect and retentive memory, 
to be always diligent and careful. Still, if 
he did not take notes of evidence, he could, 
when he chose, sum up with a lucidity which 
more laborious Judges envied. If he was 
content to get his law from counsel coming 
before him, he had a larger store in reserve 
than he cared to own." 

And The Morning Leader broke into a charm- 
ing epigram : 

To Mr. Justice Day 
(on his retirement). 

" Your judgments, my Lord, we could often admire, 
Tho' they woke in the wicked dislike and dismay ; 
But your very worst enemies, now you retire, 
Will be ready to echo : ' Good Day ! ' " 

My father's second marriage, by which he 
proved his practical wisdom, made retirement 
much easier j and the deeply-rooted love of 
nature and country life stood him in good stead. 

152 JOHN C. F. S. DAY 

Although he had become a true Londoner bv 
adoption, his birthright was the country. He 
loved it in every mood and at every season. 
He never tired of watching the lights and the 
shades ; and the observing of the evidences of 
growth and development in animal and veget- 
able life was an abiding joy. On the walks on 
Hampstead Heath forty years ago, when for his 
small boys it was no easy task to keep pace 
with his strong forward tendency, one remem- 
bers vividly his intense delight in watching the 
glow of a setting sun reflected in flaming red 
on the boles of Scotch pines. And how earnest 
he was in his desire to instil into us a love of 
the glories of God's creation ! His love of art 
was the result of his love of nature. As Corot 
in the woods of Fontainebleau drank in the 
exquisite tenderness of the early summer, re- 
turned home to dream of the fresh fragrant 
landscape, and then, to quote his words, painted 
the dream ; so his great admirer stored up the 
deep impressions he imbibed, and tested the 
truth of art by comparing it with these in- 
visible mental pictures. No painting could 
remain long on his walls unless it were in sym- 
pathy with this aesthetic code. 

Sir John Day's great collection of Dutch and 
Barbizon artists must have had its beginnings 
early in the seventies. When as a boy of 
fourteen, I visited Holland with my father in 
1880, a good many of the pictures we saw in 
exhibitions were marked in the art catalogue as 
having been bought by M. D. — ; and I remem- 
ber visiting at least one artist's studio. His 
London house (25, Collingham Gardens, W.), 
was from the hall to the top bedroom storey a 


glorious display of landscape. Several times 
friends urged the collector to buy on more 
varied lines, suggesting that there was a mono- 
tony of beauty ; but he never wavered. He 
understood and loved this school of landscape 
painting, and would not risk the perils of 
mixing. He wished to reap a daily harvest of 
enjoyment from his great investment, and was 
never better pleased than when his friends 
would share in his delight. As it was written by 
a personal friend, in The Tablet for May 29, 
1909 : 

" Bought gradually through many years, 
when Barbizon was little known except as a 
village in the Fontainebleau Forest, and the 
painters barely recognised in this country, 
these pictures represent the poetic side of a 
man renowned for the strenuous fulfilment 
of his profession, and often, upon the judicial 
Bench, for his rigidity and severity. But 
anyone who knew the great collector in his 
unofficial hours was aware how deep was his 
feeling for the spirit of tenderness and sym- 
pathy with all forms of life, as well as for the 
sense of beauty, which pervades the works 
of the Barbizon painters. ' A man must be 
touched himself in order to touch others,' 
said Millet. It is the heart of the matter : 
and those who were fortunate enough to 
receive the ' freedom ' of the pictures, knew 
the effect upon them of his quiet but intense 
enthusiasm. . . 

" One day came the summons, and upon 
an easel, surrounded by the Millets and the 
Corots, and other works of this great brother- 

154 JOHN C. F. S. DAY 

hood, stood The Harvest Moon in its glory 
and mystery ; and these fortunate ones knew 
it was henceforth their picture, for thus did 
the owner make them share in the joy, and 
thus did this collection become an uplifting. 
' The utmost for the highest ' : as with Watts, 
so with those painters. Turning their backs 
upon earthly honour, and choosing poverty, 
they stand forth as other great ones have 
stood forth through the ages ; and this spirit 
it was which moved in the heart of the col- 
lector as much as appreciation of outward 
beauty ; and so, in spite of circumstances, 
he remained always one with them at heart, 
understanding and caring most of all for 
Nature in her simple loveliness. And always 
true to this spirit, riding over his favourite 
Sussex Downs, or from place to place when 
upon circuit, it was scenes such as stirred 
these great painters which appealed to him : 
a Harpignies tree, tender and human ; the 
gleam of sunlight upon sheep, as with Jacques ; 
a little cottage that might be Millet's ; or the 
figure of a labourer guiding the plough to its 
work. And ever and anon there came a touch 
of that delightful humour combined with 
abysmal gravity for which he was famous. 
1 The Academy has surpassed itself this year : 
it has refused Harpignies,' was his only com- 
ment upon that occasion, but in his voice was 
a tone which could not have been surpassed 
by his most damning judgment. ' How many 
thousands did they say ? ' broke in a voice 
upon one of these occasions from a group 
in front of the most famous of the Barbizons. 
The great collector turned and looked : and 


the question was not repeated. Still, the 
value of these pictures, increasing yearly by 
leaps and bounds, was to him, in a sense, a 
gratification. It was a sign of appreciation. 
' Millet starved, Rousseau nearly broke his 
heart,' he would remark, when a dealer 
mentioned so banal a thing as a price ; but 
yet, for them, he was gratified. It was a 
sign of their immortality." 

Though my father loved his treasures so 
dearly, it was not till after a good many years, 
and repeated representations from his family, 
that he consented to insure them. Did this 
neglect indicate a streak of fatalism, or undue 
confidence in Providence ? It is one of the 
puzzles we must leave unsolved. 

A fire did actually take place ; but it was 
confined to the top of the house. Although 
he had been ill shortly before, the shock stimu- 
lated him, and, already a septuagenarian, he 
took the opportunity for completely re-decora- 
ting the interior, entering into the matter with 
extraordinary zest. Thanks to a line on a 
post-card fortunately preserved, it is possible 
to fix the date of this event : " The men are 
busy restoring my roof after the fire. 29th 
May, 1896." One visitor, on returning from 
seeing the pictures at Collingham Gardens, 
reported to a friend that not only was every 
inch of wall-space covered with masterpieces 
by Corot, Diaz, Daubigny, Millet, Harpignies, 
Israels, Maris, Bosboom, etc., but that many 
of the chairs were devoted to the task of sup- 
porting these precious burdens. Sunday after- 

156 JOHN C. F. S. DAY 

noons were often given up to displaying the 
valuable collection of etchings stored up in 
portfolios. No pains were too great, if only 
the friends were appreciative. 

Sir Robert Finlay has well said that all the 
pictures my father admired were good, though 
there were many good pictures that he did not 
admire. Judge Willis has recorded the homage 
paid by his travelling companion to the Italian 
Old Masters, and among these, chiefly, to 
Perugino, Raphael, Andrea del Sarto. Perhaps 
he had a yet deeper feeling for the Flemish 
School. The late Sir John Rhys, a few days 
before his sudden death (December, 1915) 
related that as one of a small English party in 
Bruges and Ghent, my father would stand long 
before the great Memlings and Van Eycks, his 
eyes suffused with tears. But his whole heart 
came to be given in the end to the group of 
modern geniuses of whom he was one of the 
earliest appreciators. 

After his good services as chairman of the 
Belfast Commission, Sir John Day has been told 
that when the right moment came, his claims for 
fitting recognition would be remembered. His 
retirement was the natural opportunity for the 
fulfilment of this assurance. However, it was 
forgotten ; and he was the last man to remind 
anyone of such a promise. Eventually he was 
sworn in as a member of the Privy Council. 
A life peerage would have been the suitable 
acknowledgment. Had this come about, " En- 
glesbatch " would no doubt have provided the 
title. But perhaps it was more typical of the 
man to end his days as plain Sir John Day, P.C. 
At one dinner-party the precedence given by 


these two letters was overlooked. When his 
attention was called to the fact by a sympathiser, 
he smiled a radiant smile : such matters could 
not disturb his peace of soul. 

It has been said that successful lawyers in 
their old age make to themselves country 
houses. But with John Day it was more of the 
nature of reversion to type than is the case with 
the average retired Judge or barrister. The 
commencement of the process took the form of 
hiring a country house for the summer months. 
The first of these which I visited was at Corsham, 
where I remember my father, a true soldier in 
the fundamentals, hobnobbing pleasantly with 
Lord Methuen, who had returned wounded 
from the Boer War. Then there was a delight- 
ful house on a bright cheery Berkshire common, 
where all the silver pebbles glinted in the sun, 
and the gorse blazed in its golden glory : Adder- 
bury Holt, a few miles out of Newbury. 
Prior's Court, a statelier but gloomy mansion, 
came next. Meanwhile, Sir John and Lady Day 
were looking about for a home. At last (1906) 
a house and garden such as a well-to-do trades- 
man would delight in, close to the spot where 
Lord Falkland fell in the battle of Newbury, a 
short two miles out of the town, was selected. 
House and garden would have to be transformed 
to meet the requirements and to satisfy the 
aesthetic standards of the new occupants. This 
task provided them with a keen interest for his 
remaining two years. A picture-gallery was 
added in which the chief art-treasures were 
displayed to the best advantage ; a Royal 
Academician superintended an artistic re- 
arrangement of the garden. Sir John handed 

158 JOHN C. F. S. DAY 

it all over as a present to his wife, lavishing the 
utmost care on the improvement of the property 
until the end came. There were several friendly 
neighbours who helped to make the Newbury 
neighbourhood a happy home for Sir John's 
declining years. A chapel was installed in the 
house, and leave kindly accorded by the late 
Bishop of Portsmouth for Mass to be celebrated 
on week-days. The parish priest, Canon Scan- 
nell, was also a special source of consolation. 
Like my father, he might be regarded by some 
as a " queer mixture." He was a specialist 
in the battle of Waterloo, the details of which 
he would dilate on to all comers ; a worshipper 
of the memory of Gladstone, whose bust adorned 
the presbytery ; an enthusiast to the tips of his 
fingers. Along with all this were deep piety, 
intense zeal, and warm-hearted charity. His 
amiable eccentricities amused the old Judge, 
while his sterling worth won his admiration and 
affection. He rejoiced to have the good Canon 
as his spiritual adviser and bosom friend. They 
were each a support to the other : counter- 
acting, as is the function of friendship, each 
other's shortcomings. 

In the Missal which my father owned during 
the last eight years, he set his own name, " John 
C. Day," and that of his wife, " Edith Day," 
saying to her as he wrote the two names : 
" Some day you will like to use my Missal." 

Chivalrousness to women was one of my 
father's lifelong characteristics. Quite irrespec- 
tive of their social status, he showed them all 
marked respect. He had been seen more than 
once, as a Judge of the High Court, directing 
some poor woman, in the streets of Liverpool, 


with as much deference as would usually be 
shown to a duchess. If when out walking at 
Newbury, he met the kitchen-maid, he would 
salute her j and all the little children who curt- 
seyed to him in the lanes were sure of kindly 
notice. He had always liked dearly the French 
custom of raising the hat when going into or 
coming out of a shop where women assisted, 
and often practised it in England. Within the 
limits of strict propriety he was a ladies' man, 
and showed them, as Browning has it some- 
where, the brightest side of his soul. 

To anyone who knew him, young in the long 
afterglow of youth, spending his holidays taking 
protracted walks and rides alternately, morning 
and afternoon, it was a puzzle to know how he 
could ever settle down to old age. And yet he 
did it fairly gracefully, half-amused, it would 
seem, at rinding himself at last an old man. 
Occasionally circumstances made it desirable 
for him to take a short turn in a Bath chair : 
then it was evident that he found the situation 
ludicrous. Although always a very moderate 
and wholesome eater, he objected to dishes 
which were expressly intended to be good for 
his health : he would style these " sanitary 
messes," and would say with emphasis, in 
homely phrase, that his bowels must take what 
he gave them. Even while old age mellowed him, 
his masterfulness remained, suffused with " that 
central radiance which is the final measurement 
of men." (w) John Day was the central 
figure of his home : all about him loved to be of 
service to him, and he was interested in them all. 

For the latter portion of his life at least, he 
was an ardent advocate and daily " practitioner " 

160 JOHN C. F. S. DAY 

of the hot instead of the cold tub. Doing nothing 
by halves, he took an honest pride in beating 
others in the temperature at which he took his 
morning bath. He would always maintain that 
it fortified him against the cold. Shortly after 
taking it, he would go forth into the chill 
morning air, generally without his inverness, 
and with the characteristic wide-open waist- 
coat. He certainly kept fairly free from colds, 
and singularly exempt from rheumatism or gout. 
Had the hot-springs of his beloved Bath sug- 
gested this practice to him ? Being a believer 
in the virtues of cold water, and fearing that 
baths of no Fahrenheit were weakening his 
heart, I appealed to my father, expressing 
wonder that so religious a man could indulge 
in anything which seemed luxurious and ener- 
vating. His defence was short and sharp : 
" It is no question, my son, of luxury " (he used 
the word in its technical Latin sense) " or 
asceticism : it is a matter of cleanliness and 
health." He would sometimes shock the fas- 
tidious by his crude way of talking about the 
horrors attendant on neglect of washing and 
shampooing. There was in him more than a 
touch of Dr. Johnson's love of plain speech. 

Perhaps my father was never prejudiced 
against motors. But to me, who was, it came 
as a shock, on paying one of my flying visits 
from Oxford, to find that a hooter had been 
attached, by Lady Day's orders, to the carriage 
and pair. This surely was intended to prepare 
the way ! And the motor (appropriately enough, 
for one who would at times jokingly claim to 
be a typical Hollander, a Dutch one) followed 
in due course ; my father becoming charac- 


teristically keen about his new pastime. A 
page-boy who had outgrown his buttons, was 
in the course of time converted into a chauffeur. 
One anecdote connected with the car survives 
in my memory. Judge Willis was on a visit. 
As an active administrator of the law, he 
considered the speed excessive, and desired that 
the regulation pace should be observed. His 
host, with a twinkle in his eye, gave strict 
instructions, rightly understood by the boy- 
chauffeur and rigorously carried out. Willis 
was soon betrayed into complaining of the 
miserable snail's pace at which they were 
travelling. There were no more conscientious 
scruples that afternoon. Another memory : an 
adventure that was at the time a veritable 
nightmare. We (Lady Day, Sir John, aged 
eighty, a brother of his only a year or two 
younger, and myself") drove out some miles, and 
stopped at the foot of a small, steep " moun- 
tain," known locally as the Beacon. A mis- 
chievous look in my father's eye showed that he 
was determined to make the ascent, and that 
no threat nor persuasion would stop him. My 
uncle was lame, owing to a " buggy " accident 
years before in Australia, whilst my father's 
heart was in a most critical condition, which 
was supposed to make all climbing dangerous. 
He was the only one who enjoyed that hour's 
mountaineering ! The descent was complicated 
by the sound of firing from some rifle-range 
which we could not locate. 

He never tired of pottering about in the 
garden, taking a very special interest in his 
shrubs, and, regardless of time, watching any 
work that was going on. As had been the case 


162 JOHN C. F. S. DAY 

with him all his life, he was eager to understand 
as much as he could of other people's trades. 
(They never seemed to resent it in the least : 
they understood the spirit in which it was done). 
One day the big dog and the little one were 
playing together. Although a distinctly non- 
doggy man, he watched them closely, and was 
convinced, as the result of his observations, 
that the big one was teaching the little one to 
negotiate a barrier that was intended to be 
insurmountable. This touch of nature amused 
him greatly. When told anything that was 
really humorous, he relished it deep down, and 
as it were, chewed the cud for some time after. 
A glass or two of white wine was all that he took 
to drink at lunch or dinner, and he was so slow 
over it that we used to speak of it as the " hour- 

Then there were expeditions to the book- 
shop in Newbury, as there used to be to several 
similar but greater establishments in London. 
When other topics failed, books would always 
provide matter for conversation. Two or three 
years before my father's death, I found that 
he had lost his taste for Fr. Tyrrell's books, at 
that time still in good standing among Catholics. 
On my remarking at random that he must have 
smelled heresy in them, he replied modestly 
that he was not competent to decide on their 
orthodoxy ; what distressed him was that he 
could no longer understand them. " Either I 
am losing my intelligence, or he is losing his 
lucidity." It was, I believe, the latter. 

My father had often visited at congenial houses, 
for long making it a point to pass a few days 
in the autumn of each year with Sir Robert 


Finlay at Newton, Nairn, N.B. It was from 
Falkland Lodge that he went for the last time 
to stay at a friend's house. Sir Walter Smythe 
was an old Downside class-mate, and it was 
at Acton Burnell, his home, in the time of Sir 
Edward Smythe (1795) that the Benedictines 
had opened the temporary school which was a 
stepping-stone to Downside, whither they moved 
in 1814. My father's uncle, Tom Day, had 
been there as a boy. Before retiring to rest, 
Sir John, according to the custom of old- 
fashioned country houses, was hospitably pro- 
vided with a candlestick. When in the spacious 
room together, Lady Day asked him whether 
he did not intend to make his usual short read- 
ing ; he replied pathetically : " It is impossible 
to read in this Stygian darkness ! " (There 
were doubtless any number of other candles). 
Electric light had spoilt him, ever a filius lucis, 
for feebler illuminants. 

Shortly before leaving London, it was neces- 
sary for him to have some teeth extracted. 
The state of his heart made this operation 
somewhat risky. An anaesthetic was given, at 
home, and his own doctor was present. When 
the stumps were successfully removed, and the 
patient recovered consciousness, he got at once 
on his legs and made for the front door. The 
doctor, who could scarcely believe his eyes, so 
surprised v. as he at the quick recovery and 
display of energy, asked what was the matter ? 
" Nothing. 1 am only going out to call your 

I spent his last, the eighty-first, birthday 
with him, June 20, 1907. In the afternoon we 
drove down to the school, where the children 

164 JOHN C. F. S. DAY 

were having a treat in his honour. He was 
feeble and tottery, but full of good-nature. 
At times one could see that there had to be a 
big fight to keep the emotional side of his nature, 
which was strong, from overflowing. Canon 
Scannell had arranged that we should be photo- 
graphed, himself being one of the quartette. 

In the first days of June, 1908, I had the 
pleasure of finding my father very well, con- 
sidering his age and recent illness. He was 
bright and cheerful, and made me promise that 
I would spend the approaching birthday wth 
him. This was not to be. On the morning 
of the 12th, as he was standing at the head of 
the breakfast-table, in the act of saying grace, 
" the hand of the Lord touched him." The 
seizure was of an apoplectic nature, and it 
was clear that there was no hope of recovery. 
As the prayers for the dying were being re- 
peated by his son that night, in the presence 
of the household before they retired to rest, 
it was evident how deeply they felt the blow 
that had fallen on the master of the house. 
Early in the morning of the 13th June, his 
good strong soul passed from us into eternity ; 
and we all realised, amidst sobs and tears, how 
big a gap was left in many hearts that had 
learned to love him. His retirement was now 
complete ; and we prayed with confidence that 
the only promotion that he had ever fully set 
his heart on might soon be his. 


His Character : a Bird's-Eye View 

All human lives possess some measure of 
consistency ; all would be interesting if we could 
understand them completely. By this it is 
not meant that we should know them minutely : 
the microscope and the telescope have each its 
proper function, and each is needed to supple- 
ment the other in the study of a human person- 

The main landmarks in John C. F. S. Day's 
long life have been pointed out, and a cluster 
made of his chief characteristics. It remains to 
ascend in our aeroplane to make a final recon- 
naissance of his career of eighty-two summers 
and eighty-two winters, spread out beneath us. 

Looking at his opening years, we see good- 
ness, earnestness and gaiety : the child was fit 
to be the father of the man. While still a boy, 
he is deprived of the affection, active and 
passive, of an admirable mother, with the loss 
of a loving father to follow before manhood was 
achieved. No one can suffer such early losses 
without retaining traces. Had his parents lived 
longer, there would probably have been less real 
or apparent hardness in my father's composition. 
His overpowering sense of duty might have 
been toned down without detriment to its 
essential strength. But if he was hard to others 
at the bidding of what he deemed to be duty, 


166 JOHN C. F. S. DAY 

he was at any rale harder to himself when the 
same voice called. The influence of his uncle- 
guardians, the family traditions on both sides, 
favoured a full play of discipline in the scheme 
of life. A Celtic grandmother gifted him with 
greater imaginative endowments than would 
otherwise have fallen to his lot. These Irish 
and French elements were not for nothing : 
Flemings and Rolands must have had a hand in 
equipping him with a quickness of intelligence 
which would seem at times in excess of his 
general calibre. England blessed him with 
ballast and solidity, and Holland with that 
remarkable consistency which presided over 
every period of his career. Sibi constare is no 
mean attribute. And has not Tully observed 
in his treatise De Officiis : " id maxime quemque 
deat quod est cujusque maxime suum ? ' Heredity 
endowed him also with a kind of caution, much 
prudence, and a patient diligence in the little 
things of life. If there was a " van Tromp " 
mood in him, in which he seemed ruthless for 
the sentimentalities of other natures, it was a 
defect or excess of his qualities which old age 
kindly softened. To call him a Torquemada 
was unfair. He was intensely religious, but 
never bigoted. The wide diversity in the re- 
ligious types of his friends testifies to this. 
Again : if he were severe on certain Irish faults 
of character, or on what he regarded as mistaken 
policies, he loved to travel in Ireland, felt at 
home with its people, and counted several 
Irishmen and Irishwomen amongst his nearest 

The Tablet, shortly after Sir John's death, 
said of him that " he looked with a scowl on 


uniformity." It was a fine saying ; but of 
course it does not imply that he had any sym- 
pathy with religious " nonconformity." Along 
with a deep-seated love for authority, and 
respect for it wherever he found it, there went 
an instinctive intolerance for the undue exten- 
sion of its limits. With Burke, he was firmly 
convinced that the government of human beings 
could never be conducted on lines of scientific 
symmetry. The complexities of life were part 
of the plan. No panacea could be found to cure 
the ills of mankind. This constitutional out- 
look on life made him too mistrustful of the 
methods of reform. In the early days of trades- 
unionism, he showed his horror at the thought 
that workmen should be forced into Unions, or 
that their output of work should be restricted. 
The only legislation that he could admire was 
that which, confining itself to the practicable, 
went to work in a virile and straightforward 
manner, and pursued its course unflinchingly. 
Flabbiness in every form was hateful to him. 
The policy of " thorough " ever elicited a loyal 
response from the utmost depths of his being. 
As for his beneficence, there will, I feel sure, 
be some who will buy this book because they 
were often indebted to him for generous assist- 
ance administered secretly and cheerfully. And 
yet, as the descendant of one line of ancestry, 
on his father's side, which wrested its living 
from the soil, he knew the value of money, and 
disbelieved in any reckless extravagance. He 
would have given his children any number of 
books ; but had they wanted money for sweets 
or cigarettes, they would not have fared so well. 
Once, years ago, several of us were discussing 

i68 JOHN C. F. S. DAY 

aspects of our father's character. Even in our 
early life we realised that it was distinctly out 
of the common, and difficult to analyse. It 
would be idle to attempt to outline the course 
of this little family debate. It culminated in 
this good and faithful saying, which was adopted 
as final by those present : " Well, however all 
that may be, one thing is certain : if any of us 
ever get into a hole, father may grumble a bit, 
but he will come along and dig us out, and that 
not once or twice, but as often as may be 
necessary." It was a picturesque utterance, 
recalling the Scriptural warrant for extricating 
oxen and asses even on the Sabbath ; and by its 
force and truthfulness made a lasting lodgment 
in my mind. 

John Day was rather over five feet ten inches in 
height, sparely built and very wiry. His hair 
(including the old-fashioned side whiskers) was 
dark-brown, and his eyes small, brown, and 
piercing. His nose was a good solid one, which 
did not come to a point. His chin was strongly 
moulded, his hands and feet particularly well 
modelled. He wore his hair short, and during 
the earlier portion of his manhood it was 
disinclined, though always well-groomed, to lie 
flat. In spite of having to wear a wig profes- 
sionally, it was not until the very last years that 
any symptoms of hair-weakness appeared. 
My father nearly always came out well when 
photographed. His face was capable of a very 
wide range of expression. H it had nut been 
for his humour and his honest enjoyment of 
life, it might have turned into a heavy face. 
Bui like a piece of nature (lie was singularly 
exempt from all artificiality) the lights and 


shades which never left it long at rest, made 
it animated and interesting. At times the clouds 
would gather round him, in his old age, and like 
Saul in the great poem of that name, he would 
fain retire to his tent. But in his case a David 
possessed of any skill could readily charm him 
back to life. His second wife, heart and soul 
devoted to him, was well fitted for the task. 
It was a real treat to watch the mists withdraw, 
and to see the tract of sunshine visibly in- 
creasing till it completely triumphed over the 
enemy, lighting up every feature with its glad- 
some rays. That face, a splendid reflector, was 
a field on which were performed some magical 
feats of chiaroscuro. The journalists who de- 
s ribed it as a " nocturne in black," had never 
witnessed these wondrous transformations. An 
examination of conscience would sometimes 
enable one to discover why one had been treated 
to a sudden view of the dark side of his' really 
bright and loving nature. 

The portrait of him by the Russian artist, 
Prince Troubetskoy, is a line interpretation of 
the man. He stands erect, firmly grasping in 
his hands a copy of The Times. He has been 
reading it with interest, but as a critic ; and he 
will approve or disapprove accordingly as the 
opinions expressed agree or disagree with his own 
principles, or knowledge of life. He is an active, 
not a passive, reader. He is a man with a 
practical philosophy of life, who would be prompt 
to action, undismayed by emergencies. He is 
not aggressive or truculent ; but there is some- 
thing which says that had he not practised self- 
discipline, and worshipped bis Creator, he might 
have been so. This portrait perpetuates two 

i7o JOHN C. F. S. DAY 

minor peculiarities of dress : the widely open 
shirt-front worn in all weathers, and the black 
bow-tie, distinctly non-central. 

In 1888 a cartoon of Mr. Justice Day by 
"Spy" appeared in Vanity Fair. In the Recol. 
lections of Lord Alverstone there is a reproduced 
caricature of Sir John Day out walking, with his 
Inverness on and an umbrella in his hand, 
which Lockwood struck off on a menu card at 
at a public dinner. Although it took form 
so suddenly, the artist regarded it as his most 
successful attempt to immortalise Sir John 
as a pedestrian. It is distinctly a caricature. It 
magnifies the peculiarities which for the most 
part are suppressed in the Troubetskoy portrait. 
If one did not know who the subject of it was, 
one's first guess might be that it was some original 
Oxford don, a character in his College, and a 
man of Weight in University deliberations. And 
yet it is a most truthful and inspired record of 
one aspect of the man ; and as such demands 
commemoration in this volume. 

When we pass under review the judicial 
period of my father's life, we are conscious that 
he might have made it, in a Worldly sense of 
that epithet, more successful. He looked chiefly 
to the doing of his duty, not to the gaining of 
" kudos." One who knows tells me that his 
morning prayers as a Judge always included a 
petition that " he might do his duty in his family, 
in his household, in his office." It is also to be 
admitted that he did not love labour for its 
own sake. He knew, good practical theologian 
that he was, that, though convertible into a 
blessing, it was the penalty for sin. His in- 
terests were too wide to allow of his becoming 


a legal specialist. He never curried favour with 
the public, the press, or the powers that be. 
He never, to my knowledge, showed any fear of 
danger or of opposition. He was himself : and 
they must take him as they found him. For 
this independent attitude, newspaper reporters 
would sometimes, in revenge, record his having 
done things which he specially abominated. 
Thus he has been reported as having sent his 
carriage to a funeral, and as never being happier 
than when smoking a long cigar. 

Day's profession had not made any deep 
scars in his nature. But at times he was dog- 
matic, and occasionally, when " off his beat," 
less willing to be taught by those who were 
bound to know better their own special subjects. 
I suspect that he was sometimes too severe on 
doctors in the witness-box. He must have told 
a good many medical men who were, as he 
thought, unduly technical and obscure as to the 
causes of death, that he presumed their meaning 
was that the person in question had " died of 
want of breath." But against this I remember 
the personal pleasure with which the doctor was 
always received at Falkland Lodge, and how 
his visits were enjoyed and encouraged. Yet 
had it not been for the conscientiousness of that 
practitioner, the visits would have passed off 
without any mention of health ! The family 
lawyer might have made visits too on the same 
easy terms : refraining from all business. 

I have wondered sometimes whether my 
lather would have made a successful soldier. 
With the showy specimen of the military pro- 
fession he had no sympathy : of him he would 
speak sarcastically as a " warrior," in the same 

172 JOHN C. F. S. DAY 

tone in which he would style the M.P. a " legis- 
lator." But to the hard-working, courageous 
and scientific soldier, his whole heart went out. 
He revealed at times a more intimate acquaint- 
ance with arm)' technicalities than one would 
have suspected, and I remember hearing him, 
at the age of eighty-one, discourse on a chapter 
of military history in a way which greatly 
impressed me. I have always felt quite sure 
that, had his period been the Middle Ages, he 
might have been a great Abbot or Bishop in the 
good old style. Or, had a later date been 
allowed him, yet not so late as his own, his 
character might have gained him admission 
among Lord Nelson's " Band of Brothers." 
In childhood, he used to visit his sailor-kinsfolk 
on their wooden battleships : this memory, 
which would mean something to any spirited 
boy, meant very much to him. 

While cheerfully foregoing the good things of 
life when duty suggested or circumstances 
imposed the sacrifice thereof, John Day was no 
Manichsan. He humbly endorsed the verdict 
of the Creator that the world was good, and 
received its tribute of gratifications with joy 
and gratitude. When they were available, he 
welcomed all the reasonable comforts and 
conveniences of life. He knew, in his measure, 
how to abound and how to be in want, Landor's 
stanza, to fit him closely, would need modifying ; 
but as it stands it is not altogether inappro- 
priate : 

" I strove with none, for none was worth my strife ; 
Nature I loved, and next to Nature, art. 
I -warmed both hands before the lire of life : 
It sinks, and I am ready to depart." 


The memory to me perhaps most sacred 
takes me back to boyhood. The spot, a bridge 
over an Amsterdam canal ; the season, early 
autumn. It was an evening which gave to the 
sluggish waterways of Holland a distinct dash 
of the subtle charm of Venice. The trio who 
stood contemplating the scene in pensive mood 
was made up of my father, my brother a year 
older than myself (we always went in harness 
together), and the writer. My father broke the 
golden silence with golden speech : " Of course 
I should like you both to get on well with your 
studies, and in after-life, if possible ; but what 
I really want is that you should be good boys 
now, and good men in the years to come.'" 
The sincerity and feeling with which these 
simple words were said made them sink into our 
souls : they were accompanied by the suggestion 
of a reserved caress, the hint of an affection that 
was deep and strong, " without o'er flowing, 
full." As boy and man, the thought of what 
he expected of me, and of what he hoped and 
prayed for me, was a powerful incentive to 
progress in all that would gain his approval. 
The standard of goodness, honesty, and honour 
which he set in his own conduct, was a high 
ideal for anyone to aim at. The loss of this 
spur to better things and the lack of his stimu- 
lating companionship were, even to one in 
middle age, a very real privation ; and the 
writing of these pages, seven years after our last 
farewell, has been a solace to my soul. 

Had I to choose an epitaph for him it would 
be : Lex Dei ejus in corde ipsius. He delighted 
in the law of God written in the heart, and 
painted in the glories of the visible creation, 

174 JOHN C. F. S. DAY 

earth, sky, and sea. There is an apparent 
conflict between law and love : but the two are 
reconciled in worlds whither his spirit lias gone, 
and where, in the words of the great modern 
poet-prophet : " All's love, yet all's law." 




(i) Judge Willis' Recollections. P. 9. 

The title of this book, published by Bartlett & Co., 
Salisbury Square, Fleet Street, London, E.C., is : 
Recollections of Sir John Charles Frederick Day, for 
Nineteen Years Judge of the High Court. By William 
Willis, K.C., LL.D. 

(2) Preface : " So little doth nobility serve," etc. P. 11. 
William Habington, of Hindlip, the poet : from a prose 
passage in Castara, 1640. 

(a) Englesbatch and Englescombe. P. 25. 

Brabner's Gazetteer gives " Inglescombe " and Collin- 
son's Somerset " Inglishcombe." The Victoria County 
History and the Ordnance Maps and finger-posts have 
more recently adopted the forms " English Combe " 
and " Englishcombe," a long way from the " Ink 
Combe " of Domesday. How prosy is this contem- 
porary tendency to phonetic " spreading," due to the 
triumphs of elementary education ! I use " Engles- 
batch " throughout (pronounced, of course, " Ingels- 
batch "), as the only form of the name of manor and 
hamlet familiar to my father, and, through him, to us. 

(6) De Haie. P. 25. 

Days who claim Anglo-Saxon descent derive their 
name from the word " day," which appears in " dairy " 
(the " day-ery " or place presided over by the " day," 
milkman or woman). Ernest Weekley, in his admirable 
Romance of Names (John Murray, 1913) seems to link 
it on with " day-labour " in general and with the root 
of " dienen," to serve. " Faraday," according to this 
author, is a " day ,: who " fares " about. Skeat 
derives the " day " from the root in " dike " and 
" dough " : with him, " kneading " is the underlying 
idea. This is the " dy " of " lady," the loaf-kneader. 

(c) Coombes. P. 27. 

The Coombes family were of Mcadgate, Camerton. 

177 M 




The Rev. William Coombes was a bright ornament of 
Douai, and for long Grand Vicar of the Western District. 
He passed much of his time with his mother and sisters 
at Meadgate, and would come over to christen new 
members of the Englesbatch family. He died in 
Bath in 1822, aged seventy-nine. His nephew, William 
Henry Coombes, D.D., a great Grecian, was also 
educated at Douai, but retired to Downside, and there 
died in 1850. 


Thomas Lister, Baron Ribblesdale of Gisburne Park, 
Yorkshire === Rebecca, d. of Joseph Feilding, Esq. 

Thomas lister, 
second Lord 
Ribblesdale — 
Adelaide, his 
cousin, d. of 
Thomas Lister, 
Esq., of Ar- 
mitage Park, 

Hon. Catherine 
Lister = (first 
husband) Samuel 
Skurray Day. 
She died 1873, 
having survived 
him fifty-seven 

Hon. Rebecca 
Adelaide Lister. 

Thomas Lister, 
third Baron 

Hon. Adelaide^Maurice Drum- 

Lister. She died 
1911, aged 83. 

mond, Esq. 

Lister Drummond. Two daughters. 


Adelaide, Lady Ribblesdale, had for second husband 
Lord John Russell, who from his small stature, was 
spoken of as The Widow's Mite. Mr. Lister Drum- 
mond is a well-known London magistrate and a 
friend of our family, who has done yeoman's work for 
the Catholic cause. His mother is the subject of 
that pleasant book The Honourable Adelaide Drum- 
mond : Retrospect and Memoir. Edited by Basil 
Champneys, 1915. P.S. — Lister Drummond died, to 
the lasting regret of all who knew him, Feb. 28th, 1915. 
Thomas Day's Accident. P. 29. 

NOTES 179 

On this occasion Charles Francis, the " Barber-Sur- 
geon " of Wellow, was called in to bleed him. The 
future Captain Day, only three years old at the time 
of this accident to his father (which he perfectly 
remembered ) became afterwards, for a time, the 
pupil of the said Charles Francis. 
(/) The Flemings. P. 29. 

I cannot establish the exact relationship. The Flem- 
ings are a many-branched family, whose remoter 
ramifications seem to puzzle the genealogists. Francis 
Fleming, son of Michael, (who passed his later years 
with him in Bath) bore a name unfamiliar to the 
Slane line. It does occur, however, in other extinct 
groups of Flemings, Scotch by origin and Irish by resi- 
dence, who went a-soldiering in the mid-eighteenth 
century. Francis Fleming was for many years in 
Bath the constant associate of William Fleming, called 
by courtesy (as heir to his attainted Jacobite uncle) 
Lord Slane, a pensioner of the Crown, whose decease 
is recorded in The Gentlemen s Magazine of February, 
1747. Several of this family are commemorated in 
The Dictionary of National Biography, and The Cath- 
olic Encyclopedia. Of Francis Fleming's wife still less 
is known. She seems to have been a Parisian, and 
not to have had connection with Thizy, where the 
husband of the famous Madame Roland (Manon- 
Jeanne Phlipon), was born. 

(</) GlNNADRAKE. P. 29. 

The full title is : The Life and Extraordinary Adven- 
tures, the Perils and Critical Escapes of Timothy Ginna- 
drake, the Child of Checquer'd Fortune. This facetious 
production, now rare, (warranted by the author not 
to offend " the Chastest Eye nor the Nicest Ear ") 
was published in three volumes at Bath, without date, 
but the date could be approximately fixed as " Capt. 
Wade, Master of Ceremonies," figures among the sub- 
scribers. Names of national interest on this list 
include Fox, Camden, Garrick ; and the great local 
names of Ralph Allen and John Wood are not lacking. 
The rest are mostly Somerset gentry, supplemented, 
one notes, by two Misses Fleming of Sibdon Castle, 
Shropshire, and Mr. Christopher Fleming. Francis 
Fleming's portrait, the original of which is preserved 

180 JOHN C. F. S. DAY 

in our family, appears as the frontispiece, engraved by 
Hibbart, where it is anonymous, with a Horatian 
line beneath. One Henry Jones seems to have been 
Fleming's scribe and literary " devil," and an ungrate- 
ful being he was, if we are to judge by the Apology to 
the Reader. 

(h) Hartsincks. P. 36. 

Their arms were : in chief on a field gules, a crescent 
couchant or ; second, on a field argent, three waves 
azure. The crest is : on a barred helmet, a demi-lion 
rampant gules, holding a ragged staff and regardant 
sinister. The Hartsinck arms were quartered by Sir 
John Day. 

(i) Hasselaar. P. 37. 

" Kenau Hasselaar was a widow of distinguished family 
and unblemished reputation, about forty-seven years 
of age, who at the head of her Amazons participated 
in many of the most fiercely contested actions of the 
siege, both within and without the walls." Motley. 
Rise and Fall of the Dutch Republic. III. : 8. 
I wrote down this anecdote about Pieter Hasselaar 
in perfect good faith, being familiar with the story ; 
but now at the last moment I seek in vain for its 
confirmation. 1 must have read of it in Tollens' 
poems, years ago, and felt confident of finding it in 
Motley. Possibly it was not a Hasselaar ? I scarcely 
feel justified in deleting the anecdote on account of 
my new misgivings. 

(?) William I.'s. Morganatic Marriage. P. 38. 

Ministerial responsibility, and lessened royal control 
over national finances had only just been established 
when the impending marriage was announced. As the 
Comtesse was a Catholic and a Belgian, the King's 
choice was ill-timed and distinctly unpopular. His 
abrupt abdication followed on Oct. 7, 1840, and the 
marriage took place in Berlin, Feb. 16, i84i,the fourth 
year of his widowerhood, and nearly three years before 
his death. 

(k) Craufurds and Crokatts. * P. 40. 

* The spelling of the name in old documents is always Crokatt or 
Crockatt The Dictionary of National Biography gives ' Crockett.' 



James Crockatt, Esq., = a daughter of Kinloch of 


James Crockatt, Esq., of Luxborough, Essex== 

Hester Gailland. 


Jane Crokatt = 

Daniel Crokatt, 

Charles Crokatt, 

Sir Alexander 


Esq., = Anne 

Crauturd, Bart. 


of Kilburne, 



parents of Sir 

+ 1797- 

John Day.] 

Sir James Crau- 

Lieut. Gen. Sir 

Major Gen. Rob- 

furd, Bart., 

Charles Gregan- 

ert Crauturd, 

+ 1839 (after- 

Craufurd + 1821 

fatally wounded 

wards Gregan- 

= Lady Anna 

at Ciudad Rod- 

Crauiurd) = 

Maria, daughter 

rigof 4- 1812, = 

Maria Teresa, 

of the 2nd Earl of 

Mary Frances, 

sister of Henry, 

Harrington, and 

d. of Henry Hol- 

3rd Viscount 

widow of Tho- 

land, Esq., of 


mas, 3rd Duke of 

Hans Place, 




Thomas Gage 
Craufurd, of 
the Guards, kil- 
led at Hougou- 
mont, June 18, 

Lieut. Col. Alex- 
ander Craufurd, 
+ 1838. 

Sir George Wil- 
liam Craufurd 
of Burgh Hall, 
Lines., + 1881, 
aet. eighty-four. 


Sir Charles Wil- 
liam Craufurd, 
Lieut. R.N., = 
Isolda Caroline, 
d. of Viscount 

t He lingered for a few days, and wa s ouried in the breach. The 
Duke of Wellington and every officer in the neighbourhood followed 
him to the grave. There is a monument in St. Paul's Cathedral to 
Robert Craufurd's memory. 

1 82 


(7) The Jenner Descent. P. 40. 

Thomas Jenner, Esq., of the family seated at Mayfield, 
Sussex == Dorothy, d. of Jeffrey Glyde, Esq., of Dal- 
lington. I 

Sir Thomas Jenner, Baron of the Exchequer + 1707 
= Anne Poe, d. of James Poe* of Swinden Hall, Yorks. 

Margaret Jenner + 1741, —Sir John Darnall, 

Kt., Sergeant-at-Law, Judge | of the Marshalsea, 
1 + 1731- 

i "i 

Anne Darnall = Henry Muilman, Mary Darnall = 
Esq., f of Dagnam Park, Dagen- Lord Chief Baron 
ham, Essex, + 1772. Ord of Scotland. 

(1) Charles Crokatt,— Anne Muilman= (2) John Julius 

Esq., of Weat- 
comby, Somer- 
set, + 1769. 

Anna Peter- 

ella Crokatt 

+ i8i9=Jan 

Casper Hart- 

sinck, Sheriff 

of Amsterdam 

+ 1835- 

Angerstein + 1823. 

Emilia Crokatt= 
Ayscoghe Bou- 
cherett, M.P., of 
Willingham and 
Lines. + 1815. 

John Angerstein, 
M.P. = Amelia 

Emilie Hartsinck 4 1836 == Capt. John Day of Engles- 
batch + 1843. 

John Charles F. S. Day, Judge of the High Court + 1908. 

* This James Poe was a son of the Poe who was physician to 
C)ueen Elizabeth in her old age, and to James I. and Charles I. 

f Henry Muilman had married, when young (1723), the notorious 
Mrs. Teresia Constantia Phillips. 

A descendant, born ninety years after Jenner's death (1778-1S52) 
added the surname " Fust" to his own. (Sir Thomas Jenner s wife's 
mother was a Fust.) Jenner Fust as official Principal of the Arches 
and Judge of the Prerogative Court of Canterbury, adjudicated in the 
famous Gorham v. Bishop of Exeter case which excited so much 
interest in the years 1847-50. 

NOTES 183 

(m) John Julius Angerstein. P. 40. 

After the death of the widow Crokatt, his first wife, he 
married a lady whose name does not appear. It is this 
second Mrs. Angerstein whom Lawrence depicts " as a 
beautiful female wandering over a desolate unfre- 
quented island without hat or shawl ! ' She also 
was a widow-bride. 

Charles Crokatt and Anne Muihnan had two sons, as 
well as two daughters who mariied respectively Jan 
Casper Hartsinck and Ayscoghe Boucherett. A Miss 
Julia Crokatt, a very few years ago, bequeathed to the 
National Gallery portraits by Hoppner of Miss Louisa 
Ann Van Diest (Mrs. Crokatt) and Master Van Diest. 
The latter grew up to spend his life in the Government 
service, and to be gazetted in 1833 as a Gentleman 
of the Privy Chamber. 
(n) Anna Peterella (Crokatt) Hartsinck : her con- 
version. P. 44. 

She has left this inscription in her Book of Common 
Prayer, published in 1779. 

" To this book, and to this book alone I owe the 
perfect conviction of the contradictions contained 
in the Liturgy as used by the Church of England. 
By reading the four Evangelists bound up with 
this Liturgy, I was induced to seek some form of 
worship which coincided in all points with their 
doctrines. Thanks to the especial grace of my 
Heavenly Father I have found this in the Mother 
Church, and in the religion which my forefathers 
(who living before the innovations made either by 
Luther, Calvin or Henry VIII.) were blessed by 
following, agreeable in all points to the Apostolic 
Faith. In this Church I hope to live and die ; and I 
merely keep this book, though full of the grossest 
errors, in gratitude for the good which arose to me 
out of evil : for which I have the permission of those 
whom I shall ever consider it my duty to obey. 

A. P. H." 
(0) Sedgeley Park School. P. 50. 

According to Husenbeth, this School was opened in 
1763. Milner went there as a small boy in 1765, and 
always retained a special affection for his first Alma 

184 JOHN C. F. S. DAY 

The French Revolution, which broke up Douai and other 
foundations abroad of the English sixteenth-century 
refugees, brought our first large post-Reformation 
schools into existence at home. Hence Old Hall (St. 
Edmund's, Ware) ; Crook Hall, Durham, precursor 
of Ushavv) ; Oscott (Birmingham) ; Stonyhurst (Black- 
burn) :— all date from 1793 or 1794. St. Edmund's 
had a predecessor founded at Standon Lordship, 1749 : 
this School moved to Old Hall in 1769. It belonged 
to the Vicars Apostolic, 
(p) Serooskerken. P. 61. 

Jan, Baron de Tuyll van Serooskerken. 


Capt. J. A. Bentinck, R.N. 

Admiral William A daughter,^ 

Bentinck. Sir R. Shore Milnes. 

Romney painted Remira, the Admiral, Sir R. Shore 
Milnes and his wife. 

(y) Abbe Valgalier. P. 63. 

This good old piiest wrote out his " Testamentary 
Wishes " on March 18th, 1836, two months after 
Emilie's death, and endorsed them " for Captain Day." 
He speaks of himself as " possessing nothing in this 
world since the fatal Revolution of France, wandering 
for forty-seven years on the face of the globe, and 
since thirty years existing in the house and upon the 
kindness of Madame Hartsinck, of her daughter, and 
of the good Captain Day." He bequeathes to Captain 
Day's eldest boy (my father) a silver watch which had 
belonged to the latter's grandmother, Anna Peterella 
(Crokatt) Hartsinck. The document ends : " I shall 
preserve for my good friend Captain Day and his 
family the greatest friendship, a lively gratitude, and 
a precious remembrance of all his goodnesses, which 
will endure to the centuries of eternity in never ceasing 
to pray for him and his children." 

(>•) Rome. P. 69. 

It was at this time, 1838, that my father, then a small 
boy, first saw the future Cardinal Wiseman at the 

NOTES 185 

Collegio Inglese. He spoke of him in a letter nearly 
fifty years later as " a most thorough Catholic," and 
added with what immense interest he was reading Mr. 
Ward's Life of Wiseman. 

(s) Sir John's Children. P. 79. 

These were : Rose Henrietta Mary, married Thomas 
Dixon Rust, and died 1915, aged sixty-eight ; John 
William, died unmarried 1892, aged forty-four ; Emily 
Mary, married Dr. Louis King ; Henrietta Mary, died 
unmarried 1871, aged twenty; Thomas Samuel Henry, 
died unmarried 1872, aged twenty ; Samuel Henry, 
Master of the Supreme Court, married Edith Higham ; 
Joseph, married Margaret Anne Parfttt ; William 
Aloysius, married Mary Louisa O'Leary ; Edward 
Francis, married Adela Watson Parker, and died 
1913, aged fifty-three ; Mary Winefride ; Susan Mary, 
Sister of Charity, died 1885, aged twenty-two ; Henry 
Cyril, S. J. ; Arthur Francis, S. J., the last two acting 
now (April, 1916) as Chaplains to His Majesty's Forces. 
There are nineteen living grandchildren of Sir John 

{t) The Claimant. P. 88. 

A later generation may need to be reminded that this 
was the defendant in the famous Tichborne case. 
Arthur Orton, a man who coveted recognition as the 
lost Roger Charles Tichborne, came before a special 
jury in the Court of Common Pleas, which, under Sir 
John Coleridge, began a session of one hundred days 
on May 11, 1871. Orton was then arraigned for per- 
jury, and the trial, before Chief Justice Cockburn, 
dragged on for another hundred and eighty-eight days 
of the year 1873, at the end of which the amazing 
" Claimant " received a sentence of fourteen years' 
penal servitude. He died in 1898. 

(w) Huddlestone. P. 124. 

Sir John Walter Huddlestone was cremated at Woking 
in 1890. Of this incident Judge Willis says : " Day 
believed burial to be lawful, and the reduction of the 
body to dust by the action of time and nature to be in 
harmony with the best and truest feelings of man. He 
intended to be present at the burial of Mr. Baron 
Huddlestone, but on finding that he was to be what 
is called cremated, Day decided not to attend." 

186 JOHN C. F. S. DAY 

(v) Alverstone. P. 149. 

Lord Alverstone died while these pages were in press, 
December 15, 1915. 

(w) " Central Radiance." P. 159. 
The quotation is from Basil de Selincourt's Walt Whitman. 
" That indescribable, undifferentiated power of bene- 
ficence and initiative, that central radiance which is 
the final measurement of men." 


(i) Excerpts from my Father's Lecture on 

" Beauty " 189 

(2) Sale-Catalogue of his Art Collection . 199 

(3) Specimens of his Letters .... 208 

(4) Obituary Notices and Extracts from 

Letters of Condolence .... 218 

Index 223 


A Paper read at a Meeting of the Bath Literary and Philo- 
sophical Association, nth December, 1885. By Mr. 
Justice Day. 

My theme is Beauty ; and the thesis which I this evening 
propose to maintain is that Beauty is essentially founded 
upon Truth ; that it is essentially an incident of Truth ; 
that it is " the Splendour of the True ;" so that it may well 
be said that the greater the Truth the greater the Beauty. 

When the True is manifested or displayed, its Splendour 
or shining forth is perceived : the perception causes 
pleasure : and this pleasure is no other than the pleasure 
we derive from the perception of that which is popularly 
known as Beauty. When the Truth is not manifested or 
displayed to us ; when we do not see and appreciate it ; its 
Splendour or shining forth is not perceived by us. We 
therefore derive no pleasure from its perception ; we have 
no perception of the, to us, latent Beauty. 

.... I proceed to establish my thesis by considering 
Beauty in some of its varied manifestations, and pointing 
out how, in each one, Beauty is dependent upon the Truth 
of that to which it is incident. 

I undertake to show that while whatever is True produces 
a sense of Beauty, nothing that is not True produces such 
sense : and I shall then invite you to infer that Beauty is 
an incident of Truth : Truth being in the relation of things, 
and Beauty being in the appreciation of such relation. 

It is unfortunately with Beauty as with all else. We 
only notice it in things that are more or less strange and 
uncommon ; omne ignotum fro magnifico : whatever we 
are unfamiliar with is by us deemed worthy of admiration ! 
We rarely notice Beauty in the common things around us ; 
although it certainly exists in them just as it exists in others. 
We therefore have acquired the habit of applying the word 


igo JOHN C. F. S. DAY 

" Beautiful " to those things only which arouse us from 
our sluggish inattention ; and thence the very idea of Beauty 
has become misappropriated, and misleading. Beauty, 
happily for us, is not restricted to the strange or the un- 
familiar, although the careless seldom see it elsewhere ; 
and, too often, not even there. 

Beauty may assuredly be found everywhere in Nature : 
it is found in the heavens above and in the earth below, 
and in the waters under the earth ; in the animal, the vege- 
table, and the mineral kingdoms. It is found in combin- 
ations as in a landscape ; it is found in sound, as in the crash- 
ing of the thunder, in the murmur of the summer brook, 
and in the roar of the mighty wave ; it is found in colour ; 
it is found upon the bosom of the pellucid ocean, in the 
forest glade, and upon the sunny Alpine slope. Nature is 
the work of God : it is, therefore, necessarily True ; and 
where not marred by man, it remains True ; and it is Beau- 
tiful in every feature and in every detail. 

Beauty is found in Art applied to matter, as in painting, 
sculpture, architecture, ornament, etc. ; in Art applied 
otherwise than to matter, as in poetry, oratory, music ; 
in the moral character of man, and in his intellect ; in the 
natural, and above all, in the supernatural order. 
. . . . Upon the subject of Ornament I will first say a word or 
two. It will doubtless be conceded that ornament cannot 
be tolerated unless as incidental to, or in fair development 
of the object to which it is to be applied. Ornament which 
is independent of, or inconsistent with the object to which 
it is applied is a sham, and a thing to be utterly condemned. 
This rule is universal, and admits of no exception. I have 
no time left me now wherein to follow it in its varied appli- 
cations : but I will shortly explain my meaning by a few 
very simple illustrations selected from the familiar subject 
of dress. 

I begin by reminding you that the legitimate objects of 
dress are two-fold ; they are decency, and protection from 
the weather. So far as dress secures these objects, it is 
True, and may be Beautiful ; but if in shape or material it 
fails to secure them, it fails in Truth, and consequently it 
cannot be Beautiful, whatever its colour, or even its cost. 
No ornamentation can supply defect in Truth ; although 
it constantly does emphasise and develope untruth. Orna- 
ment, indeed, can only be tolerated where strictly incidental 


and subordinate to the true objects of the thing ornamented. 

As a golden rule, the less ornament the better : simplicity 
and neatness go far to promote elegance, and to charm. 
Horace addressing Pyrrha, asks her : Cui flavam religas 
comam, simplex munditiis ? 

As to the distinction between that which is ornament, 
and that which is called, but is not ornament, I will offer 
two or three illustrations ; and begin by inviting compar- 
ison between a foreign woman of what are called the lower 
orders, and an Englishwoman of corresponding rank. I 
will not go into detail ; but merely observe that the foreign 
woman, whether French, Spanish, Italian or other national- 
ity, dresses herself in substantial clothing, which in material, 
in shape and in colour, is in accordance with the customs 
of her people, and is suitable to her position and occupation. 
She does not ape the habits of others ; she does not wear 
decayed and cast-off finery. She dresses plainly, becom- 
ingly, neatly, tastefully, and Truthfully. The English- 
woman too often dresses after another style altogether. 
The former is always pleasing, and is very often pictur- 
esque; the latter, with rare exceptions, is neither the one 
nor the other. 

The cowl of the monk, the mantilla of the Spaniard, and 
its survival among us in the shawl thrown, as required, over 
the head of the north countrywoman, or the Irish peasant, 
are truthful and picturesque head-coverings. 

A plain straw bonnet, trimmed with ribbon, and orna- 
mented with bows, is in Truth ; because the material is 
substantial and serviceable, and the ribbon is needed to 
secure the bonnet on the head, while the bows are the appro- 
priate fastenings. But a bonnet made up of odds and ends, 
even of the most costly frippery, answers no useful end, 
suggests no honest service ; and even with the addition of 
sham flowers, mock fruits, imitation insects, and creeping 
things, can never be in Truth, or approach any notion of 
Beauty. A hat is useful, and is an excellent thing for a 
woman to wear ; it may readily be arranged in perfect 
Truth. But where a hat is made use of as a place of de- 
posit for dead birds and beasts, it necessarily becomes re- 
pulsive to whosoever has any, even the slightest, appre- 
ciation of Beauty. 

The honest naked feet of the Irish girl upon her native 
hills, the damp-proof sabots of the Netherlandish or the 

192 JOHN C. F. S. DAY 

French labourer, are Truthful and picturesque ; but this 
cannot surely be said of the poor, silly, thin, down-trodden 
boots which disfigure the feet of so many of our English 
working-women, beneath their mean and dirt-bedraggled 

A brooch is a legitmate ornament, considered as a 
fastener ; but if presented as a horseshoe on any breast 
except that of a shoeing smith (where it may be permitted 
as a trade advertisement), or if presented as a beetle, or a 
snake, or a crawling thing, upon the breast of a woman, 
it deserves unmitigated condemnation. 

Strewing dress with glass or other spangles can only be 
accounted for by reference to the taste of barbaric ances- 
tors ; and this is indeed still found to survive not only here, 
but also among the fashionable inhabitants of Middle Africa, 
where assorted beads are probably even now, notwith- 
standing the progress of civilisation among them, as much 
valued as among English dressmakers and fashionable 

Necklaces, bracelets and earrings are legitimate orna- 
ments, and are clearly admissible, if only upon the ground 
of historical truth, and as emblematic of subordination and 
subjection, recalling as they do the formerly servile con- 
dition of women, and the chains and fetters and rings where- 
with they were restrained and controlled in the good days 
of old ! It may be urged that among us the only men who 
wear chains made of gold and collars of gold, wear them 
for mere ornament or distinction, and are dignitaries, such 
as Mayors, high functionaries of State, and Knights of dis- 
tinguished Orders ; and that such ornaments are certainly 
marks of the distinction of the wearers. I admit that they 
are so now ; and so far as the chains and collars are of prec- 
cious metal, they long have been so : but, nevertheless, they 
are merely the substitution of gold for bronze or iron in- 
struments, and are only later marks of inferiority to the 
power which bestowed them, and conferred the right to 
wear them : they, too, are relics of pristine servitude. They 
still indicate relation to a superior, and hence duty. Where 
honour was to be conferred by prince upon subject, as in 
the case of Pharaoh and Joseph, a chain of gold was given ; 
but it was given by superior to inferior, by master to ser- 
vant. A chain is worn by the Mayor as chief citizen on 
behalf of his fellow, and iellow- subject, citizens. Finger- 


rings are probably traceable rather to signet, — signing, — 
rings, than to traces of captivity or subjection. 

The love of jewellery, as indeed of all mere finery, seems 
almost distinctive of female nature. At all times and in 
all climes has woman devoted herself to jewellery, and 
jewellery to herself. She has ever covered herself with it 
in life, and she has had it buried with her in death : yet 
diamonds cannot enhance the splendour of the bust, nor 
metal enrich the beauty of the arm. 

Prudent suitors for her favour propitiate at once female 
vanity and female covetousness ; and therefore Valentine 
in the Two Gentlemen of Verona advised the Duke to 

" Win her with gifts, if she respect not words : 
Dumb jewels often, in their silent kind, 
More than quick words, do move a woman's mind." 

Jewellery, which has artistic merit deiived from the skill 
of the handicraftsman, may well be worn as a legitimate 
ornament, provided it be worn in moderation and modesty. 
Jewellery valuable only by reason of its cost or rarity, or 
jewellery worn in profusion, so far from constituting orna- 
ment, displays nothing but the coarseness of the taste of 
the wearer. 

.... It may well be asked, in what sense is my theory 
of Truth applicable to Paintings ? Paintings are essen- 
tially unreal : they purport only to represent solids and 
distances upon plane surfaces. The answer, and it is very 
important ever to bear it in mind, is that the representa- 
tion in a painting, to be Beautiful, must be True according 
to its kind. 

Now, Truth in painting is not in simulation of the real, 
in mere imitation ; if the painter affects to simulate reality 
he is guilty of a sham, and sins against Truth. Truth in 
painting consists in the truthful rendering to the mind of 
the spectator of the impression existing in that of the artist. 
Thus, in the instance of landscape painting, an artist who 
affects to represent grass, or trees, or cattle, as they really 
are, instead of as they seemed to him at the time and place 
when painted, would fail in truth. The genuine artist 
cares little for merely accurate rendering of details ; he 
seeks above all to convey, by means of the painted canvas, 
the idea inspired by the object, when, and as seen by him, 
or conceived in his mind ; and to the extent to which he 
succeeds in this, he is Truthful, and so far achieves Beauty. 


194 JOHN C. F. S. DAY 

Simulation in detail has no doubt great charms for many 
minds ; and it is distressing when passing through any 
gallery of paintings to witness the eager admiration and 
hear the voluble praise, with which an insect upon a flower, 
the texture of satin, the hairs upon a cow's back, are wel- 
comed. No doubt they often are, so skilful is mechanical 
manipulation, as it were actually reproduced in detail, in- 
stead of being suggested merely as incidental, and in due 
and very subordinate relation to the subject ; and for that 
very reason they are utterly untrue, because they are mere 
imitations, or rather attempts at imitation, of the solid. 
The)' fail in Truth, and they assuredly have no Beauty, 
although they unfortunately command so generally the 
approval of the public. 

To make more clear what I mean, I would mention only 
a very few artists who have aspired to Truth and Beauty, 
and have successfully attained them. I select the names 
of Turner, the Magnificent, from among English artists ; 
from the French school, Rousseau, Millet, Daubigny, Corot 
and Jules Breton ; from the splendid modern school of 
Holland, James and William Maris, Mauve, Josef Israels, 
Mesdag, Bosboom, Blommers, Du Chattel, and their fellows. 

In connection with painting, I now wish to refer to the 
picturesque ; by which term is to be understood whatever 
is lit subject for a picture, as distinguished from a mere 

Everything may be painted ; but not everything will 
make a picture ; and to discover or create the picturesque 
is a gift assuredly not bestowed upon all painters. A fatted 
pig may well be painted ; but a fatted pig, even in the dain- 
tiest of sties, will never constitute the picturesque. A horse 
in highest training may be painted ; but not even the ad- 
dition of an individual in a coat of many colours upon its 
back will make it picturesque. A ruined cottage may be 
picturesque, but a new cotton-mill is not. A lady splen- 
didly arrayed in her finest clothes for a ball is a subject often 
painted, but never picturesque. 

On the other hand, an old woman gathering by the wood- 
side sticks of an evening for her scanty fire ; a horse, such 
as that which is so magnificently painted in the book of 
Job ; the boar in the forest ; may all afford, and all have 
afforded, most picturesque subjects. 

The former are rarely painted except to order, and for 


the sake of individual regard or vanity ; the latter represent 
a class of favourite subjects with genuine artists ; because 
the true artist possesses a cultivated sense of the Beautiful 
and of the picturesque. He knows and feels the distinction 
between a painting and a picture ; although many persons 
seem to think, if indeed they think at all about it, anything 
a picture that can be got inside a gilt frame. The chubby 
face of an expressionless infant, if only nicely washed and 
tidily dressed, unpicturesque as it is, will indeed attract 
crowds of enthusiastic admirers, while the finest works of 
Turner, Corot, Constable or Claude will be noticed by the 
few alone. 

Wherein then is the essence of the picturesque ? In one 
sense the fatted pig, the race horse, and the highly-caparis- 
oned lady are all True : that is, they are, or rather represent, 
very real and substantial things ; and in that sense the pig 
and the horse are just as True as, and much more plentiful 
and marketable than the wild boar of the Hercynian forest, 
or the war-horse of Job. But in the sense in which I use 
the term they are not True, they are artificial ; they do not 
represent the true nature and object ol their being accord- 
ing to their respective kinds, if works of Nature ; or of man's 
true end and nature, if works of his art. Now Truth, which 
is essential to all Beauty, must be essential to picturesque 
Beauty. The picturesque must therefore be True. 

But it must have also other qualities : it must present 
idea : and the idea must be poetic, and must be one. 

A picture must present an idea. The mere presentation 
of facts, apart from any idea suggested by them, cannot 
constitute a picture. Some thought must be suggested, 
some idea; and the idea, which must be True, must also 
be poetic ; the idea must be such as to appeal to our pas- 
sions, to stir or soothe the emotions of our breasts, to supply 
food to the imagination, or to illumine the intellect even 
as the lightning flash illumines the darksome earth. 

Grandeur is certainly not of the essenct of the pictur- 
esque ; indeed, lowly subjects most readily yield themselves 
to picturesque treatment ; just as Holland, which presents 
no grand scenery, is perhaps the most picturesque country 
in Europe. 

.... Again, the idea suggested should be one. Unity 
is essential to ideal Beauty. . . The subject painted may 
well be complex in detail ; but in a good picture one idea 

196 JOHN C. F. S. DAY 

must be clearly predominant, so that it should at once pre- 
sent itself ; and the more the picture is studied, the more 
should the idea become developed : the mind must not be 
worried in the pursuit of divergent ideas : all incidents 
should converge naturally and at once upon the main 

Of{; portraits I may at once say that they are subject to 
the same rules ; and that they are picturesque only when 
suggestive of some graceful, or noble, or stirring idea ; the 
mere reproduction of bodily lineaments alone is not even 
True, for it fails to reproduce the man. Man's true char- 
acteristic is to be sought in his soul ; and this can only be 
suggested by successful reproduction or rather suggestion 
of the expression upon the features, as distinguished from 
the mere features themselves. 

Many portraits, which are popularly commended for 
their Truth, are truly untrue ; because at best they represent 
only the animal, or lower part of the nature of the man. 

The truthful painter of portraits can never rest until he 
has thoroughly ascertained the character of his sitter, and 
has secured that expression which best conveys it. This 
course does not, however, always secure the approval of 
sitters, who sometimes wisely prefer that their true charac- 
ters should not be unnecessarily disclosed. 

Moreover, as I said above, Truth alone will not make a 
picture ; and a portrait cannot be deemed a picture unless 
it be not only True, but also ideal, in the sense of poetic. 
A portrait or picture, to be poetical, should suggest some 
idea of heroism, or of might, or of vastness, or of misfortune, 
or of struggle, or of dignity, or of virtue, or of refinement, 
or of happiness, or of living energy, or endurance ; — certainly 
some idea calculated to draw forth our admiration or our 

Upon colour, which may most conveniently be noticed 
in connection with painting, I need say but little. As you 
know, colour has no real existence : it is not inherent in 
matter, it is its merest accident. It can therefore have no 
Beauty in itself. One colour seen on a palette is neither 
more nor less Beautiful than any other. The effect of 
colour when applied to material objects may indeed be 
Beautiful ; and it will be found here again that the effect 
is Beautiful according to the Truth, that is, to the fitness 
of the association. 


In nature, all colours produce Beautiful effects ; because 
they are found in nature only where naturally, and there- 
fore Truly, incident to the objects coloured. The blue of 
the gentian, and the green of its leaf and of the herbs around, 
and the yellows and the reds of the neighbouring flowers, 
suggest no discords to the eye ; but in artistic arrangements, 
unless the utmost care is taken, discords arise which are 
distressing to all who have an uncorrupted colour-sense. 
These discords arise from untruth ; as from using colours 
not found in Nature ; using colours in a way in which they 
are not perceived in Nature ; so applying colour as to divert 
attention from the object to which it is incident, and to which 
it should be strictly subordinate, and to allow the colour 
insolently to draw off attention to itself ; from using colours 
inconsistent with the circumstances, and with the idea or 
object to which applied ; and generally from all untruth- 

Of Sculpture it is unnecessary to speak, as the observa- 
tions already made about Painting apply to Sculpture, 
subject only to the correction that Sculpture represents in 
the solid, while Painting represents only on the plane. 

.... Truth in Aichitecture, as in all things, implies the 
honest adaptation of means to end. 

Truth may be found in every style. 

The Egyptian may have, or rather has had, Beauty ; 
the Grecian has had, and yet has, Beauty ; the Gothic is 
almost necessarily a thing of Beauty. 

The first, representing matter, weight, oppression and 
hopelessness, seems indeed utterly unadaptable to any 
modern idea or use. 

The second, representing the equilibrium of matter and 
mind, of resistance and force, may yet possibly be fit for 
some uses in our northern climate, and not improbably 
for more in the sunnier south. 

The Gothic (I use the term in a wide sense), representing 
the triumph of mind over matter, of force over resistance, 
of the soul over the flesh, seems ever to present all that is 
noblest and best for all those purposes for which man 
builds here below. 

A Gothic building (take for illustration a Gothic 
Cathedral) represents space, which, unfettered by rigid 
requirements of rectangular symmetry, may from time 
to time, as need arises, be developed without disturbance 

igB JOHN C. F. S. DAY 

of the true harmony of its construction. It does not 
obtrude even its temporary limits upon our notice, while 
it at once impresses with a sense of its grandeur, and of its 
solemn fitness for its holy use : it only gradually discloses 
its glories and its beauties ; and it ever provides fresh and 
yet fresher rewards for loving search. 

In such a building man becomes oblivious of his own 
handiwork, while every arch points upwards, and the whole 
structure seems to spring towards Heaven, drawing with it 
our hearts and the aspirations of our souls. One exclaims 
with the Patriarch Jacob : " How dreadful is this place ! 
This is none other than the house of God, and this is the 
gate of Heaven." It is True : and it is Beautiful ! 

Who then can be surprised that when in some grand 
Cathedral thousands of creatures are worshipping their 
God, and music, and stately pomp, and the no longer dumb 
riches of the earth lend their loud aid, 

" Where through the long-drawn aisle and fretted vault 
The pealing anthem swells the note of praise," 

man should have visions of Glory, Beauty, and Happiness, 
not otherwise, nor elsewhere, vouchsafed to him here upon 
earth ? 


From The Times of May 14, et seq., 1909 : 
" Messrs. Christie, Manson and Woods began yesterday 
and will continue to-day the sale of the important col- 
lection of modern pictures and water-colour drawings, 
chiefly of the Continental schools, of the late Sir John 
Charles Day. A notice of the collection appeared in The 
Times of Tuesday last, and since then the sale rooms have 
been filled daily with English and foreign visitors. The 
large sale room yesterday was inconveniently crowded, 
and probably one half of those present were foreigners, 
among them being Mr. A. Neuhuys, one of the most dis- 
tinguished of modern Dutch artists. 

" Various estimates have been made during the last 
few days as to the total amount likely to be realized, but 
£80,000 seems to have been the maximum prophesied for 
the two days' sale. But the most optimistic predictions 
fell far short of the result, for yesterday's sale of one hun- 
dred and twenty-three pictures produced no less than 
£75,110 14s., the prices being in several cases the highest 
on record. Messrs. Obach, of Bond Street, through whom 
many of the pictures were purchased, inform us that 
the portion sold yesterday cost the late Sir John Day 
£37>5oo, or rather less than half the amount realised ; and 
that eleven examples of Harpignies cost £2,265, as com- 
pared with the £6,070 which they now realized. . . The 
total reached yesterday is the highest for a single day's 
picture sale since the Vaile dispersal of five years ago ; 
and the sale of the catalogues at sixpence each has con- 
tributed £27 to the funds of the Artists' General Benevolent 

" Messrs. Christie continued on Monday and yesterday 
the sale of the late Sir John Day's collection, when the 
etchings and engravings came under the hammer. The 
amount lealized was £8,600, making, with the proceeds 


200 JOHN C. F. S. DAY 

of the sale of pictures and drawings last week, a total sum 
of over £103,546. 

" Messrs. Christie concluded yesterday the dispersal 
of the late Sir John Charles Day's important collection of 
modern pictures and water-colour drawings, chiefly of the 
Continental school, and high prices were again realized, 
one hundred and sixty-five drawings producing a total 
of £19,835 us., as compared with the estimated cost of 
£6,350, or rather more than three times the original outlay. 
The two days' sale of two-hundred and eighty-nine lots 
realized £94,946 5s., and constitutes quite the most remark- 
able event of its kind which has ever occurred in this 
country. ..." 

Readers who wish for a more detailed description of 
the chief beauties of Sir John Day's collection, are referred 
to The Times of May ioth, 1909, and to the illustrated 
catalogue, published by Messrs. Christie, Manson and 
Woods. The notices in The Times from which my excerpts 
have been taken give something of the history of each of 
the more notable pictures, with the price paid for them 
by Sir John Day, the latter information having been supplied 
by Mr. Buck and Messrs Obach. 

The following little list is regrettably incomplete, but I 
have recorded the title of the picture (as given in Christie's 
catalogue, whether in French or in English) ; the price 
paid at the sale ; and the name of the buyer. This much 
will be of interest to all who care for art. The number of 
those of his pictures which figured in the sale is placed in 
parenthesis after each artist's name ; I give all the titles, 
but am unable to trace the ownership of any except those 


J. F. Millet (3) guineas 

The Goose-Maiden 5,000 Mr. Blaker, Holbourne 

Museum, Bath. 
The Village of Greville 330 Wallis. 
Les Nageurs 600 , ; 

J. B. C. Corot (12) 

The Ferry 2,800 Boussod Valladon. 


The Woodcutters 1,450 Scott, Fowler & Co. 

Entree au Village de Cou- 

bron 1,800 Scott, Fowler & Co. 

Souvenir d'ltalie 950 

La Chaumiere des Dunes 1,350 Boussod Valladon. 

Saintry 850 Wallis. 

A River Scene 820 Arnold 6c Tripp (Paris.) 

[The other Corots : Un Coup de Vent ; La Petite Chaville ; 
The Fisherman's Hut ; Le Petit Pont ; Maison a Ville 

C. F. Daubigny (ii) 

Les Bords de l'Oise 1,800 Scott, Fowler & Co. 

The Harvest Moon 1,000 Obach 

Le Petit Port 550 Wallis. 

Seaweed Harvest 360 

Bords de Riviere 850 Boussod Valladon. 

View on the Seine 430 Tooth. 

[The other Daubignys : A Landscape (peasant driving 
four cows) ; Sunset at Sea ; The Outskirts of a Village ; 
Moonrise ; A Road-Scene near Auvers.] 

N. Diaz (5) 

Evening 850 Boussod Valladon. 

Autumn in the Woods 460 Scott, Fowler & Co. 

A Herd of Cattle 360 Reid (Glasgow). 

[The other Diaz : A Landscape (with cattle at a pool) ; 
A Woody Landscape (with a peasant-woman on a 

J. Dupre (5) 
A Woody Lansdcape 520 Wallis. 

A River Scene 520 Arnold & Tripp. 

[The other Dupr6s : A Sea Piece (fishing-boat in a squall) ; 
A View at Berck-sur-Mer ; A Landscape (river in 

202 JOHN C. F. S. DAY 

H. Harpignies (ii) 

Solitude i,8oo Knoedler. 
Bords de la Cance aux 

Loups 900 
Vielle Route de Fargiau 

a St. Prive 620 

Coucher de Soleil 550 Arnold & Tripp. 

Returning Home 520 Cremetti. 

The Ruins of a Castle 600 Obach. 

[The other Harpignies : Moonrise ; Autumn, St. Prive ; 
La Rigole a St. Prive ; La Lune, Bords de l'Aumance ; 
Moonrise at Meudon.] 

C. Jacques (3) 

The Shepherdess 1,680 Tooth. 

[The other Jacques : Sheep Grazing ; Chickens.] 

T. Rousseau (5) 

A River Scene 520 Obach. 

[The other Rousseaus : A Village among Trees, Sunset ; 
An Italian Pass ; A View over a Valley ; The Setting 

C. Troyon (i) 

The Return of the Flock 420 Boussod Valladon. 

F. Ziem (1) 

The Port of Marseilles 420 Bernheim. 

M. Maris (2) 

The Four Mills 3,300 Reid 

Feeding Chickens 3,000 

J. Maris (15) 

Near Dordrecht 1,600 Obach. 

Ploughing 950 

Old Delft 1,100 Boussod Valladon 

Washerwoman by a 

Stream 900 ,, „ 

Dordrecht 1,270 Preyer (The Hague). 
Amsterdam from the 

River 740 .. 



The Return of the Fish- 

ing Boats 


j » 

A Stormy Day 



Chemin de Halage 






A Canal at Amsterdam 



At the Well 


> 1 

Brouettiers de Sable 



[The other J. Maris: A Stormy Sea; The Mill on the 


W. Maris (6) 

460 Lefevre 

(The other W. Maris : Springtime (landscape with 
farmstead) ; L'Heure de Traite ; A Woody Stream 
with Ducks ; Cattle in a Pasture ; A Grey Day on the 
Common. All these were purchased by Lefevre.] 

A. Mauve (8) 
Troupeau de 

sous Bois 
Lisiere de Bois 
The Wood-Cart 






A Shepherd and his Flock 720 

Reinhart (Chicago.) 
Boussod Valladon. 

[The other Mauves : End of Autumn ; The Towing Path ; 
A Young Bull Lying Down.] 

J. Israels (6) 
Bonheur Maternel 

1,080 Boussod Valladon. 

[The other Israels : The Knitter ; The Seamstress ; A 
Young Woman Sewing by a Window ; A Mother and 
Child ; The Anxious Wife.] 

E. van Marcke (i) 
Cattle Resting 

700 Boussod Valladon. 

Only about a dozen names occur in the Catalogue which 
are omitted from the above list. 




J. Maris 

Dordrecht Cathedral 

The Old Mill 


A Town on a River 


The Plough 

A Rainy Day 

On the Towing-Path 






370 Buffa. 

560 Agnew. 


370 Wallis. 

[Other water-colour drawings by J. Maris : A Bridge 
over a Dyke ; Devotion ; A Windmill on a Canal ; 
A Fishing-Boat Preparing to Start ; A Dutch Town 
on a Canal.] 

W. Maris 

Springtime (a meadow 

with cattle and ducks) 300 

Milking-Time 260 

A. Mauve 

Returning to the Fold 1,350 

The Return of the Flock 900 

Opening the Gate 740 

Leaving the Fold 610 




Gooden and Fox. 


[Others by A. Mauve : Crossing the Heath ; The Edge 
of a Wood ; Hay-Barns. These three in chalk.] 

J. Israels 

The Angler 500 Drucker. 

Mending the Nets 420 Agnew. 

The Young Fishwife 285 Scott, Fowler and Co. 

[Others by J. Israels : Sailing the Toy Boat ; The Seam- 
stress ; A Young Fisher-Girl on the Beach ; Reading 
the Letter ; A Mother and Child (pencil.)] 

A. Neuhuys 

Hide and Seek 360 Boussod Valladon. 

Minding Baby 270 Gooden and Fox. 

[Others by A. Neehuys : Reading the Bible ; The Quiet 
Hour ; A River Scene ; A Windmill.] 


J. Weissenbruch 

Haarlem 240 Preyer. 

[Others by J. Weissenbruch : A Rainy Day ; A Canal 
with a Windmill ; At Sea.] 

H. Harpignies 

Le Loing deborde pres 

St. Prive, Yonne 210 Agnew. 

Une Route de Village, 

Oiseme 150 Hahn. 

Olive Trees, Beaulieu 100 Obach. 

[Others by Harpignies : Route de St. Prive ; Meudon ; 
A French Farmstead ; Saulaie au Bas Meudon ; Le Bois 
de la Tremellerie ; Beaulieu ; L'Etang de la Fabrique, 
a Briare ; A Forest Scene ; Les Sentiers des Loups a 
Bonny ; Cannet (winter) ; Eyzies, Dordogne ; St. 
Cenery ; Hotel des Invalides, Paris ; Briare (dans les 
Gares ) ; Les Trois Arbres ; St. Cenery (an old road)'; 
The Setting Sun.] 

J. Bosboom 
The Interior of a Church 460 Reid. 
Interior of a Church (an- 
other drawing) 370 Preyer. 

[Others by J. Bosboom : The Interior of a Stable ; The 
Interior of a Shed ; The Nave of a Church (arched 


B. J. Blommers 

Two Drawings 450 

[The Blommers sold totalled three : The Return of the 
Fishing Boats ; Anxious Moments ; The Fisherman's 
Wife and Child.] 

D. A. C. Artz 

The Sewing School 
The Happy Family 
Resting by the Way 
A Shepherdess Knitting 

£341 5s. 



The list of Drawings as given in the Catalogue extends 
to about twenty-one pages, of which I have reproduced 
about eight. Some are of the English School. 



The Three Trees 

The Three Cottages (third 

A Landscape with a Flock 
of Sheep (second state) 

A View of Omval (second 

Rembrandt's Mill 

A Landscape with Cot- 
tage and Hay-Barn 

A Landscape with a 
Square Tower (third 






125 Strolin. 




A View of Amsterdam 



Sir. F. Seymour Haden 

A River in Ireland (first 

state, signed) 



C. Meryon 

La Morgue (second state) 



Tour de l'Horloge (first 

state, on green paper) 



St. Etienne du Mont 


1 1 

Le Pont Neuf (trial proof, 

green paper) 


t * 

Le Pont au Change (first 




A. Durer 

Adam and Eve (first 




St. Hubert 


t j 

The Virgin and Child 



The Knight and Death 


f J 



St. Jerome 


The Great Fortune 

D. Y. Cameron 

The Palace, Stirling 
Castle, Rosslyn Castle 
A Venetian Palace 
St. Laumer, Blois 

A. H. Haig 

Mont St. Michel 
Interior of Burgos 

Another impression of 

the same 

S. Cousins 

Master Lambton, after 
Lawrence (proof be- 
fore any letters) 

D. Lucas 

English Lansdcape : a 
series of twenty-thiee 
engravings after Con- 
stable (proofs before 

Turners' Liber Studi- 
orum (the published 
plates wanting the 
River Wye, of which 
twenty-four are in the 
first state) 

100 Dunthorne. 
78 Gutekunst. 

48 Gutekunst. 
38 Dunthorne. 
38 Connell. 

42 Kraushaar. 
54 Gutekunst. 
54 Kraushaar. 

102 Baird Carter. 

125 Ellis & Smith. 

go Walker. 


[To Emily Day] 

London — All Souls, 
My dearest Emmy, 

I am so sorry that I am not to be with you tomorrow. 
However, I know that you will excuse me when you think 
of your poor Mother's state, which is such that I dare not 
leave her even for the day. I am so sorry, but I cannot 
indeed help it, my own dearest child. We shall keep your 
birthday on Sunday next when we are all happy together. 
Your poor Mother continues still in her suffering state. 
I am very busy. Thank dearest Rose for her very welcome 
and good letter of this morning. I have not time to say 
more now, my own dearest Emmy. Your Mother and I 
join in very best love and kisses to you all. 

Goodbye, my own dearest child. 

Your own most loving father, 
John C. F. S. Day. 

[To Mary W. Day] 

Green Bank, Hampstead, 
25 June, 1878. 
My dearest Mary, 

I received your dear letter with very great pleasure last 
night. I had not, my dear child, for a moment supposed 
that you had forgotten either me or my birthday ; but if 
you had forgotten my birthday, I should not have been 
much surprised, as I so often forget those of others : me 
I knew you neither would nor could forget, as you have 
always been so good, affectionate and dutiful a child. 

Last Friday Frank and I were at St. George's, where 
Haydn's Imperial Mass No. 3 was grandly performed with 

orchestra, and after Mass there was a fine procession 

Captain Andoe, who has just got his post-rank, dined with 
me in the evening, and gave me a most interesting account 
of doings in the Sea of Marmora, whence he has just 



returned. He was commander of [name omitted] at 

[Letter announcing to me my Mother's death] 

25 Collingham Gardens, 

March 31, 1893. 
My dearest Arthur, 

I sent you a p.c. (on Friday, March 23) by last mail, 
telling you that your dear Mother was ill ; but how ill I did 
not know ! Sir R. Quain had been that day in consultation 
for the second time, and he had left me with lively hope 
of her recovery. On Saturday morning she became worse, 
and thence rapidly failed until on Sunday evening at 9. 40 
she peacefully, painlessly, and most happily passed away. 
She was so fortunate as to receive all the Sacraments and 
all the blessings for the dying ; and her end was most pious 
and consoling, as became her long life of self-sacrifice and 
devotion. . . She only left me on circuit about ten days 
before she died. I followed home on the Monday after the 
Wednesday on which she had left ; I then found her ill and 
under the doctor, although she had rallied for a day or so, 
and had gone out after getting back home. Emmy came 
up on the Saturday before death, and she and Mary and 
Sam were present when she breathed her last. Mary was 
supporting her head and holding one hand while I held 
the other, yet neither felt by movement the smallest in- 
dication of the actual end, so calm was the termination of 
her good life Mary never left her day or night. 

You who knew your Mother well want no assurance as 
to the happiness of her lot : but even you can little know 
the life that she has led during the nearly forty-seven years 
of our marriage. I have never once had even the slightest 
ground of any complaint, however trifling. She has slaved 
for her family ; her prudence, her firmness, her loving kind- 
ness, have sustained me during many long years of struggle 
and anxiety and of prosperity ; and these and all her other 
virtues, — her unselfishness and devotion to duty, her in- 
nocence and her charity, — will have secured her a very 
great reward. She has, too, received the benefit of very 
many Masses which good kind friends have said and 
provided for her ; and terrible as the loss is to me, and deso- 


210 JOHN C. F. S. DAY 

late as I feel, I cannot but rejoice that she has set us not 
only in life but also in death so noble an example, and I 
pray that my last end may, by God's grace, be like to hers. 
To all her children, too, her loss will be humanly irreparable, 
but her memory will be most dear, and be kept for ever 
in grateful and pious mind. 

Ever your truly loving father, 
John C. Day. 



Apr. 7, 1893. 
I wrote you terribly sad news by last mail. " Prions 

toujours." R.I.P On Tuesday S. and I came away, 

too, for a little rest and, if possible, relief by change of 
scene. We have been riding about together in quiet parts 
of Surrey and Sussex. We are here for the night. Sunday 
I spend at W. Grinstead to see the Chartreuse at Park- 
minster near there. Last Monday I got your most welcome, 
most interesting, but under the circumstances most painful 
letter. I will answer it by a later mail. Very best love 
from both. 

Ever your most loving father, 

J. C. D. 



May 20, 1893. 
My dear Arthur, 

I was indeed delighted to find by your most welcome 
letter of April 24 that you had with Christian heroism 
borne the terrible blow which has given us all so awful a 
shock. I will say no more about it. We will pray and 
pray ; and in silence, otherways, expect the mercy of our 
good God 

[To Mary W. Day] 

From Judge's Lodgings, 

4th July, 1893. 
I intend to ride hence to Salisbury on Saturday morning. 
The distance is, I believe, somewhere about twenty-five 


miles, and the road over the hills is said to be very inter- 
esting If it continues so hot, I shall start very early 

in the morning for the sake of the air 

[To M. W. D.] 


1 2th July, 1893. 
I am leaving this tomorrow to ride to Dorchester, where 
I should be until Tuesday next, when I go to Wells. . . . 
I rode today to Blandford, — twenty-two miles, — and came 
back by train. I return tomorrow by train to Blandford, 
and there remount Countess to ride on, sixteen miles, into 

[To M. W. D.] 


18th July, 1893. 
I reached this place at 7. 30 p.m. from Sherborne, where 
I spent the night, having ridden there from Dorchester 
in the afternoon. Although yesterday morning was wet, 
and this afternoon is very wet, yet I have had for my two 
rides the most perfect weather, and have vastly enjoyed 
them both. The country is very fine, and Sherborne as 
near perfection as possible. 

[To M. W. D.] 


24th July, 1893. 

Very many thanks for your most prompt attention in 
the matter of the hat, which arrived quite safe and well 
on Saturday evening ; my older hat having got ruined 
through exposure to very heavy and continuous rain on 
the Mendip Hills during Friday afternoon. On Saturday 
morning it was found utterly unwearable. . . 

.... Motley, I presume, reached home in good time, and 
with Countess in her usual good condition, on Saturday 

[Postcard to M. W. D. at Florence.] 

The Crown, Lyndhurst, 
1 October, 1894. 
.... I started this morning, sending Countess on by an 
early train, mounted at Eastleigh [dim Bishopstoke) and 

212 JOHN C. F. S. DAY 

rode over here, about fourteen miles. I have fallen quite 
in love with the Forest, which is indeed exquisitely beautiful. 
I had a charming ride, and after it, in the afternoon and 
evening, a lovely walk — such lights ! 

[Postcard to M. W. D. at Florence.] 

Cove Inn, 

W. Lulworth, 

7th October, 1894. 
[He writes about an introduction that he was trying to get 
from " my friend, C. Kent "].... 

Since writing to you, I have been to Milford-on-Sea, 
Bournemouth, Swanage ; and got here yesterday (Sat.) 
Tomorrow (Monday) I go to Abbotsbury, then to W. Bay ; 
then Charmouth and Lyme. Then homewards. Countess 
keeps very well. She too has been photographed in the 
New Forest. Kindest regards to each and all of your party. 

[Postcard to M. W. D. at Florence.] 

Lyme Regis, 

9 October, 1894. 
.... I am delighted with all the pleasure you are having. 
I came on yesterday by Weymouth to Abbotsbury, and 
today got here by Bridport, Chideock and Charmouth. 
I hope tomorrow to get on to Sidmouth by Seaton and Bere ; 
thence homewards rapidly so as to be there by the 18th 
instant. My rides have been through splendid country, 
and I have enjoyed myself greatly amongst the wondrous 

and most varied beauties of our happy Isle E. has 

not yet heard of a servant, but has had a letter from Mrs.? 
saying B. is willing to return : I demur, without some 
further information as to intermediate history. 


3rd November, 1894. 
My dearest Emmy, 

I feel somehow that your birthday occurs somewhere 
hereabout, and yet I cannot make out on what day. I 
write therefore at once in order to wish you — or rather to 
give expression to my constant and ever present wish and 
prayer that you may live in perfect happiness for very many 
long years, and be yet more happy thereafter in the 


" ewigkeit." God ever bless you, my dearest child, and 
reward you. 

[To M. W. D. at Rome.] 

25 Colli ngham Gardens, 
8th December, 1894. 
We were all vastly interested in and delighted with your 
admirable letter of the 4th. inst., and in and with the glad 
tidings it conveys. I am most glad that Miss N. N. is 
surrendering to the grace of God, which will not henceforth 
be made void in her. No doubt she will be proved 
by many and, most likely, grievous trials, as is usual with 
God's favourites, who thus eventually attain that greater 
glory and reward for which He destines them. . . You 
must excuse me for writing like this to you, but I am over- 
flowing with delight at your having effected a real 
conversion. Don't, whatever happens, yourself budge 
from Rome. Let Miss X. rage out her impotent annoyance 
as she will. You have done no one any wrong 

[ToM.W. D. at Rome.] 

Collingham Gardens, 
24 December, 1894. 
. . Youi letters are all (as soon as each is read) circulated 
around the family still left in this country. [They were 
typewritten and sent to me in Cape Colony.] They give 
delight, or will (as all your others have) to all of us. . . 1 
envy your being in Italy and above all in Rome at present. 
I am sure you will be delighted with Rome at and after 
the Epiphany, when you will find grand religious festivities 
in all languages, " as it were at Pentecost," in the great 
head city of the Christian Church. I hope you went to 
Santa Cecilia upon her feast, but I have no doubt from 
your happy use of Italian expressions in your letter that 
you are already more Italian in every best sense than 
myself. I strongly recommend Dante's Paradiso, Pur- 
gatorio and Inferno for your reading (next to guide-books), 
and far superior to anything you can get from Mudie. 
Cultivate Italian while you may ! I trust that you will 
keep in close relation with Mgr. Campbell, whom I believe 
to be a sterling man. 

214 JOHN C. F. S. DAY 

[To M. W. D. at Rome.] 

24th December, 1894. 

. . I am indeed delighted to learn that Miss N. N. is pro- 
gressing so favourably, and most sincerely tender to her 
my very heartiest congratulations on this most happy event 
and crisis in her life. I have been up to Burns and Oates 
and have sent off a Missal to her. I have also sent to you 
a cop}' of Dr. Hedley's Meditations. . . If, after looking 
at it, you should care to give it away, do so, and you will 
find another copy awaiting you, on your return. I have 
also got Fr. Galwey's new book, The Watches of the Passion. 
I consider it a most excellent book, full of sanctity and 
most intimate knowledge of Scripture. I hear him when- 
ever I take it. . . I am amused at the great Roman Scandal, 
and am annoyed but not in the least surprised at the 
culprit enjoying the sympathy and encouragement of The 
Times. I have very long entertained the lowest opinion 
of this " good-for-nothing." 

. . Miss N. N. [the sister of the convert] must take care 
not to be left to be the last genuine Protestant in the 
country : if she has that bad luck, she will be ticketed and 
put away in a Museum of Curios, instead of getting a good 
place elsewhere with hei sister. . . I shall remember you 
both tomorrow morning. . . 

[To M. W. D.] 


25 December, 1894. 
10 p.m. 

. . My cold still holds on, but I managed, without bad 
effects, to go to Midnight Mass at the Sodality Chapel, Farm 
Street, when and where I very naturally thought of you 
and Miss N. N. similarly and most happily and providen- 
tially engaged in the " Great City." God bless us all ! 

I went for 11 a.m. to the Oratory, where I saw Feilding 
and his sister, Lady Clare. I told them what you told me 
about his brother. The music was very fine, assisted by 
violins, and boy's voices singing celestially clear ; and the 
sermon by Fr. Crewse (a dogmatic and philosophical one 
upon the union of the two natures in the one Divine Person, 
and its moral consequences) excellently good and greatly 
after my heart.. . [He again refers to Fr. Gallwey's book.] 
His is a grand soul, and this book is full of the very marrow 


of holiness. He is certainly the nearest approach to a 
" Saint " that I have ever known, and I have had the honour 
and advantage of knowing him well for over forty years. 
Would that my end could be like his ! 

[To M. W. D.] 


1 December, 1895. 

. . I have been quite harried this circuit by travelling 
about on jail deliveries and having to do at least two coun- 
ties a week. Tomorrow I have to go to Nottingham, and 
on Saturday to begin at Warwick. Birmingham is my 
last town. The glowing descriptions of atmosphere and 
of atmospheric effects, of artistic objects and of glorious 
visions of beauty in landscape and scenery, which you give 
in your charming letter, have made me tingle with uneasi- 
ness in my melancholy position and under a constantly 
gloomy and most depressing sky, and have quite worried 
me with envy. Would that I could feast my eyes and my 
fancy with such transcendently beautiful sights ! 

Since commencing this letter, I have had my luncheon, 
and after it E. came with me for a walk. We did about 
6 — 7 miles in the direction of Belper and Matlock, and we 
enjoyed it vastly. Owing to bad weather, I had had no 
exercise for several days. This evening we had a very fine 
late sunset and afterglow, and this amid and together with 
the leafless trees caused some fine effects. So you see that 
even in this climate we sometimes get something to see. 

[To M. W. D. at Rome.] 

Esplanade Hotel, 

6th January, 1896. 
Here I am again ! And Willis and one of his sons are with 
me. I have got my mare down, having ridden her over 
from Lewes (in a dense fog from the other side of Firle 
Beacon) and I spend all my time upon the turfy downs in 
long walks or good rides, inhaling life at every breath. 

[The writer mentions having visited the French Jesuits 
at Hastings, and speaks very highly of Pere Terrasse and 
of Pere Rosette. My brother Henry had been staying with 
them after his ordination to the priesthood.] 

2'i6 JOHN C. F. S. DAY 

[To E. K.] Judge's Lodgings, 


June 20, 1896. 
My dearest Emmy, 

Very many and most earnest thanks for your extremely 
kind and most welcome letter of congratulation received 
by me this morning ; and let me express in small return 
the earnest hope that you too may come in due course to 
receive as warm and hearty good wishes upon a similar 
occasion : your attaining the seventies of your age ! 

Believe me, my dearest child, ever your most loving 


John C. Day. 

[Of a certain ecclesiastic he writes, about 1896 :] 

I am afraid that 's reputation will not be improved 

by time. The subject to me is painful in many aspects. 
Orthodoxy in the sense of knowledge of theology did not, 

I suppose, characterise ' — , and his orthodoxy was, I 

should think, much a matter of chance. His self-will was 
1 used to think, his misfortune. I often said he was on 
too familiar terms with the Holy Ghost. I trust you will 
not misunderstand this. 

[To M. W. D.] 


21st June, 1897. 

. . I feel for you, with the number you will have to convoy 
tomorrow. I pity all concerned. Very early starting and 
untiring energy seem the only resource left, besides a good 
knowledge of the nearest by-streets and available ways. 

I should nowadays be little able to help, even if in London, 
as I have not much power of walking left. The brougham 
will pack well if people are willing to help one another on 
such an occasion as a " Diamond Jubilee !" Beware of 
all sorts of rogues. London is just now chockfull of them, 
and of every description ; and no effective police are left 
to look after them, but all of them aie employed to protect 
the silly mob from the natural consequences of its own folly. 
Heaven keep you all safe ! 

Take care of house day and night. I am very glad 
Willie's boy is coining up. 


[To A. F. D.] 

14 August, 1897. 
My dearest Arthur, 

I cannot today refrain from writing myself to you just 
a line of congratulation on the Feast which we all keep to- 
morrow. I do not hereby so much mean to refer to the 
Feast of Our Blessed Lady which we all, whether members 
of our family, or merely members of our Church, religiously, 
more or less, keep ; but I refer to another feast, which 
synchronises with the Assumption B.V.M., your birthday, 
— days henceforth linked inseparably together as long at 
any rate as Time shall last ! . . 

[Extract from a letter to me in reply to one in which I 
had asked to have one or two of Pfarrer Kneipp's books 
on his "Water-cure" sent to me in Africa. A German 
friend there had made me enthusiastic about Pfarrer Kneipp 
and his system.] 

The Athenseum, 

October 28, 1897. 

I send this hurried line to let you know that I duly dis- 
patched Kneipp's good-for-nothing book to you yesterday. 
1 wish you had given me the occasion of sending you some 
book less noxious and more interesting and instructive. . . . 
I trust that you may still have sense enough to take a little 
care of yourself. . . 


From The Times of June 18th, 1908 : 

" The funeral of Sir John Day took place yesterday at 
St. Mary's Cemetery, Kensal Green. The body was re- 
moved on Tuesday night from the late Sir John Day's 
residence at Newbury to the Church of the Immaculate 
Conception, Farm Street, Berkeley Square, where it rested 
during the night upon a catafalque covered with a purple 
pall. Yesterday morning a Requiem Mass was sung at 
the Church in the presence of a large congregation. During 
the seating of the congregation, the organist played Chopin's 
Funeral March. The Roman Catholic Bishop of Ports- 
mouth officiated, assisted by Canon Scannell. Father Gavin, 
S.J., and two sons of the late Judge : Father Henry Day, 
S.J., who acted as deacon, and Father Arthur Day, S.J., 
who was the sub-deacon. There was a full choir, and the 
Mass was sung to the Gregorian Chant. 

' The principal mourners were : Lady Day (widow) ; 
Mr. S. H. Day, Mr. Joseph Day, Dr. W. A. Day (sons) ; 
Mrs. Rust, Mrs. L. King, Miss Day (daughters) ; Mr. F. 
Day (grandson) ; Miss Mary Day (grand-daughter) ; Mrs. 
W. Green (niece) ; Captain and Mrs. Westby, Mr. C. E. 
Thomas, Mr. A. M. King (executors) ; and Mr. F. E. Field 
(the late Judge's clerk). The congregation also included 
Mr. Justice Channell, Judge Bacon, Lady Mathew, Sir A. 
Wills, Sir Robert Finlay, K.C., Mr. and Mrs. Finlay, Sir 
Francis and Lady Fleming, Lady Macfarlane, Sir Thomas 
Snagge, Sir F. Dixon-Hartland, M.P., Sir Walter Smythe, 
Lady Milford, the Hon. F. Russell, K.C., Mr. Roskill, K.C., 
Mrs. Keogh, Mr. Robert Noble, Mr. J. Liddell, Mr. Steiner, 
Mr. and Mrs. Green, Mr. A. Teixeira de Mattos, Miss 
Baggallay, Mr. and Mrs. T. Rawling Bridgwater, Mr. A. M. 
Colgan, Mr. Lister Drummond, Mr. Dobson, Miss Davies, 
Mr. F. W. Sherwold, Mr. C. G. Walmersley, Mr. Clay, Mr. 
T. R. Langton, Mr. H. Velton, Miss Robertson, Mr. C. 
Obach, Mr. Marchant, Mrs. Henry F. Dickens, Mr. M. 
Powell, Mr. and Mrs. E. Baker, Mrs. G. Smith, and Mrs. W. 
Le Poer Trench. 



" Father Gavin, in the course of a brief address, said 
that Sir John Day was first and foremost a deeply religious 
man. The law of God was in his heart, and it was visible 
in his simple, child-like faith. True religion influenced him 
in the discharge of his duties upon the Bench. England 
was at the present moment the best-governed country under 
the sun, and that was due in great measure to the Bench, 
where even-handed justice was administered. Deliberate 
and conscious injustice was never found, at least nowadays, 
in those who administered the law. But a deeply-religious 
man did not part with his conscientious convictions because 
he wore the ermine of a Judge. To him an offence against 
the law was often an offence against God, entailing the 
gravest consequence here and hereafter. The Times 
had said that the depth of Mr. Justice Day's religious 
convictions led to stern sentences, especially on crimes 
against women and children. Was their severity a re- 
proach ? Were the English Judges to bow before the 
maudlin sentimentality of the hour, which was rich in 
excuse for the evil-doer, and showed scant mercy to his 
victim ? Had women and children no claim for protection 
in the strong arm of the law ? There were thousands in 
the land who lived and died without God, whose lives are 
sunk in crime, whose surroundings were debauchery. 
For such the only hope of cure was severity : punishment 
swift and sure was true kindness to the offenders, and 
secured safety to the law-abiding citizen. But the Judge, 
who could be severe from sheer sense of duty, was, as had 
been admitted in the Press, a most tender-hearted man. 
Children, relatives, friends, servants, found a place in his 
affections. He was a generous father, a faithful friend, 
and a servant in his eyes was not a stranger, a lodger, a 
name, but a member of the family in whom the master 
took a deep personal interest. 

' After the service the body was conveyed in a closed 
hearse drawn by four horses, to Kensal Green, and was 
interred in the family vault. Canon Scannell officiated 
at the graveside. A large number of those who attended 
the service were present at the interment." 

The Catholic Weekly, of June 19th, 1908, tells how Sir 
John Day was commemorated at his own parish church 
at Newbury : 

220 JOHN C. F. S. DAY 

" At the ii o'clock Mass on Sunday, Canon Scannell, 
Rector of the Newbury Mission, made touchingly eloquent 
reference to his late distinguished parishioner. None 
of us, he said, who saw our dear Sir John kneeling in tears 
at these altar-rails last Sunday to receive the Body of the 
Lord, had any misgiving that when we met again today, 
his place would be vacant, and that we should be weeping 
sore, sorrowing that we should see his face no more. We 
were looking forward to next Saturday, his eighty-second 
birthday ; and further forward (as he also was, counting 
the days) to his bearing again the canopy in our Procession 
of the Blessed Sacrament on the Sunday within the octave 
of Corpus Christi. But God, who ordains all things sweetly, 
had decreed that on the day that we were singing the last 
songs of the Paschal season, the final Alleluias should be 
sung by him in Heaven. . . Early last Friday morning 
he was out watching the opening flowers and listening to 
the musi'' of the birds in his lovely garden at Falkland 
Lodge ; but, as he was saying grace before the morning 
repast, a seizure stayed his hand and his voice, and he was 
laid upon his couch to receive the last Sacraments of the 
dying. It was my sad happiness to administer the Abso- 
lution, to anoint him with the Holy Oil, and to utter the 
words of the Liturgy which we all hope to hear when it 
shall be our turn to depart : ' Go forth, Christian soul, from 
this world, in the name of God the Almighty Father who 
created thee, in the name of Jesus Christ the Son of the 
Living God, who suffered for thee, in the name of the Holy 
Ghost who was sent down for thee. May thy place be in 
peace, and thy dwelling in the holy courts of Sion.' 

" Of his successes at the Bar (continued the Canon), of 
his commanding presence on the Bench of the High Courts 
of Justice, of his wisdom as a Councillor of the King, the 
world will be speaking tomorrow. But it will not speak, 
for it is not its business to speak, of Sir John's daily attend- 
ance at Holy Mass, whatever might be his work or the 
weather ; of his weekly Confession and Communion, of the 
time that he gave to private prayer, of that interior life 
in which he looked through everything to God. 

" Nor was the outside world a witness of the gentle 
flowing courtesy he exhibited in his own home, a courtesy 
shown, not only to the great who were his guests, but alsa 
to every member of his household. For all, gentle and 


simple alike, he had but one manner : that air of deference, 
that sweet expression of gratitude for any kind help he 
received, that word in season which was said in such a way 
that it sank into the heart, never afterwards to be forgotten. 
I, whom (unworthy as you and I know that I was) he said 
that he chose as his Parish Priest for the evening of his 
life, so often had the pleasure, the instruction, and what I 
may describe as the ennobling influence of his company. 
For he had that way with him that everyone in his society 
was stimulated to be at his best. Although he was one 
who remembered accurately all that he had ever heard or 
read, and could bring with ease the full weight of his 
enormous knowledge on any given point, he appeared to be 
learning something of interest from everyone who spoke, 
and the conversation so often sparkling with his quiet, 
kindly wit, was ever kept on the high plane of that grand 
old school which but for such as he might now go out of 

' There are many lessons which we can learn from our 
dear fellow-Catholic, the great man who is now gone to his 
reward. We may not all be able to carry off the prizes at 
College, to write works of legal erudition, to shine in forensic 
eloquence, to rise to supreme eminence in a learned pro- 
fession ; but we can all be what Sir John loved best, and 
which now assuredly he values highest, in his meritorious 
life of eighty-two years. We can all, with God's grace, 
lead like him a holy and therefore a most happy life. We 
can, in our own calling, whatever it may be, imitate the 
indomitable courage and the strenuous energy of those 
years in which every effort seemed fruitless ; and we can 
all cultivate in our hearts, and then in our speech and in 
our manner, that charity which is kind, which flows forth 
in loving consideration for the feelings of others, and in 
that invariable urbanity which is the distinguishing char- 
acteristic of a perfect Christian gentleman." 

[A few extracts from letters of condolence, June, 1908.] 

' Your father understood that in preventing crime a 
Judge is directly promoting God's glory." 


222 JOHN C. F. S. DAY 

" I remember very well and very gratefully the extreme 
kindness with which your father received me at his house, 
and the favours which he so willingly did for me when I 
first came over from Ireland to be called to the English Bar." 

W. B. C. 

" Your own dear father was the only person who reminded 
me, in some ways (and in character far more than by age) 
of the Patriarchs, and I have the kind of reverence for him 
which I have for them who were so dear both in themselves 
and in their children to the Lord of Hosts." 

L. I. G. 

" We have lost a great figure, but you have lost more 
than that." 

R. Hugh Benson (Mgr.) 

" During the short time I was privileged to attend your 
father during an illness at the Judge's Lodgings, Oxford, 
I was able to judge what a really great and good man he 

F. G. Proudfoot (M.D.) 

" He was an honour to the Church and to England, and 
we are all the poorer for his loss." 

Fr. Reginald Buckler, O.P. 

" What a pleasant time I enjoyed with you in Switzer- 
land twenty-one years ago ! England is poorer without 
your father." 

H. P. B. 

[An Anglican clergyman with whom we made friends 
whilst travelling together. He was High Church, and glad 
to share in our Friday dinner.] 

" He has certainly fought the good fight, and he has laid 
down his knightly arms to receive the reward of his long and 
laborious life." 

Wilfrid Wilberforce. 

" He was a strong man in many ways, and not the least 
in his faith : in that be your consolation." 

J P. O'D. 


(An Index of personal names, referring only 
to the body of the book, or the first 172 pages 
and to the Notes, exclusive of tabled pedigrees. 
Some attempt has been made, in the case of 
van and de names, to discriminate between 
the Continental use and the Anglicised use.) 

ADAMS, — • (bus conductor) 
ADAMS, R. — (Belfast Commissioner) 
ALEXANDER, Sir William 
ALLEN, Ralph (of Bath) . 
ALVERSTONE, Sir Richard Everar 

Webster, Viscount 

BAERDORP (family) 

BAOSHAWE, Mr. Justice William Henr\ 

Gunning .... 

BALLANTINE, Sergeant William 
BARNEVELDT (family) 
BENJAMIN, Judah Philip . 
BEACH, Sir Michael Hicks (later Lord St 

Alcjwvn) .... 
BENTINCK. Capt. John Albert . 
BENTrNCK, Remira* . 
BENTINCK, Vice Admiral William 

Count .... 
BER1NGTON, Mary Frances 
BERINGTON". Rev. Joseph 
BONAPARTE. Na])oloon, Emperor of 

the French .... 


BOUCHERETT (family) 
BOUCHEKETT, Avscoghe . 
BOWEN, Charles Synge Christopher 

Baron ..... 
BRABAZON, Rev. George . 
BRABNER, J. H. F. . 

The D.N.B. gives " Renira." 



179 (Note) 

149, 170, 180 (Note) 
38,'39, 59, 183 (Note) 


131, 145 

87, 90, 151 


177 (Note) 



184 (Note) 
184 (Note) 

184 (Note) 




37, 53 


40. 01 

60, 183 (Note) 


1 36 

177 (Note) 



BRAMPTON, Henrv Hawkins, Baron 
BRAMWELL, George William Wilshere, 
Baron ...... 

BROWN, Rose Henrietta Mary (Mrs. 


See Day, Rose Henrietta Mary, 
Lady Day 
BROWNING, Robert . 
BK1NDLE, Rev. — ... 

BRUNSWICK, Duchess of . 
BYLANDT, Gen. Wille.n de 
BUCKLER, Rev. Albert, O.P. 
BULWER, Gen. Sir Edward Earle Gas- 

coyne ...... 

BURKE, Edmund . 

BUTLER, Rev. Alban 


CAMDEN, Charles Pratt, Earl Camden . 
CANNING, Edward . 
CHAMPNEYS, Basil .... 
CHESTERTON, Gilbert Keith 
CHILTY, Thomas . 

CICERO. Marcus Tullius 
CLAY, William Henry 
COCKBURN, Alexander, Baron 
COLERjIDGE, John Duke, Baron 
CONNELLY, Charles .... 
CONOLY, Charles 

See Connelly, Charles 
COOMBES (family) 
COOMBES, Rev. William . 
COOMBES, Rev. William Henry, D.D. 
COROT. Jean Baptist eCar.iillo * . 
CRAUFURD (family) . 
CRAUFURD, Sir Alexander. 
CRAUFURD, Maj. Gen. Robert . 
CROKATT (family) , 
CROKATT, Anna (Muilman) 

See Angers: ein, Anna 
CROKATT, Anna Peterella (Mrs. Hart- 
See Harlsinck, Anna Peterella 
(CROKATT, Charles . 
CROKATT. Emilia (Mrs. Boncherett) 

See Boncherett, Emilia 
CROKATT, Louisa Ann 

DANELL, Rt. Rev. James, D.D. 

DANKERTS (family) 

DARNALL, Anne. See Muilman, Anno 


87, 150 

37, 159 








1S3 (Note) 

179 (Note) 


178 (Note) 





84, 86 

185 (Note) 

89, 115, 130, 185 (Nolo) 

32, 139 

27, 31, 177 (Note) 

178 (Note) 

178 (Note) 

153. 155 

30, 180 (Note) 


76. 1S1 (Note) 

180 (Note) 

38, 39, 40, 76. 183 (Nolo) 

183 (Noto) 
L83 (Nole) 





V. (of Englesbatcb) 

DARNALL, Sir John . 

DAVBIGNY, Charles-Francois 

DAVID, King of Israel 

DAY (family) 

DAY. Adela 

DAW Arthur Francis, S. J. 

DAY. Captain 

Sei j D <y. ('apt. John 
DAY, Dorothea . 
DAY. Edith 

DAY, Edi1 h (Lady Day) 
DAW Edward Augua us 
DAY, Edward Ceciliua Harlsinck 
I ) \ \ , Edward Francis 
DAY. Elizabeth . 
DAY, Emilie 

DAY, Emily Mary 

Sec King, Emily Mary 




25, 26, 27, 29 

185 (Note) 

185 (Note) 


185 (Note) 

137, 158, 160, 161, 163 


61, 63, 67. 70, 73, 74 

119, 185 (Note) 


35, 38, 44, 46, 54, 55, 59, 

60, 61, 62, 6 1, 65, 

isi (NTote) 


Frances . 

50, 61, 63 


Sec Day, Edward Francis 


Henrietta Marv . 

106, 186 (Note) 


Henry Cyril. S. J . 

1 85 (Nol e) 


John (Queen Mary's printer) 



John 1. (of Engleabatch) 

25, 26, 28 


John II (of Engleabatch) . 



John III. (of Engleabatch) 



fa; .1 . John V. (of Engleshatch) 

29. 30, 31, 34, 

36, 50, 51, 

52. 54. 58, 59, 

60, 61, 62, 

64, 65, <<r,. 

67, 68, 

184, (Note) 




Pars', hi 


John William 

185 (Note) 


Joso]ih .... 

185 (Note) 


Margaret Anne . 

1 11, 185 (Nol 



Martha : 

50, 5 1 


Marl ha (Si . Mary Ignatia, O.R.L.) 

. 32,33,51 


Marv. .... 

57. 61 


\l. py [nee Daj ) 


D \Y, 

Mr, [nee Bkurray) 



\l py Alice 

28, 29, 35, 50, 



Mary Louisa 

185 (Nolo) 


Mary Winefrida . 

. 130, 132, L35, 

185 (Note) 


Roberl .... 

. 26 


Rose Henrietta Mary (Lady Day) 

. 78, 79, 81, 134 



Rose Henrietta .Mary (Mrs. Rust 
See Rus' , Rose Henrietta Mary 



Samuel (of I tarnel ) 

. 26 


Samuel 11. (of Burnel ) 

. 26 


Samuel ( Ki"li Sheriff of Somerso! ) 

. 28 




DAY, Rev. Samuel 
DAY, Samuel Edward . 
DAY, Samuel Henry, M.R.C. 
DAY, Samuel Skurray 
DAY, Susan .... 

DAY, Susan (Sr. Anne Austin, C.R.L.) 
DAY, Susan Mary (Sister of Charity J.- 
DAY, Susana .... 
DAY, Thomas (ob. 1706) 
DAY, Thomas I. (of Englesbatch) 
DAY, Thomas III. (of Englesbatch) 
DAY. Thomas IV. (of Englesbatch) 
DAY, Thomas V. (of Englesbatch) 
DAY, Thomas Samuel Henry 
DAY, Dr. William 
DAY, Ensign William . 
DAY, Dr. William Aloysius 
DAY, William Henrv . 
DE HAIE (family) 
DE SOMMERY (family) 
DENMAN, Mr. Justice George 
DIAPER, Elizabeth (Mrs.Day) 

See Day, Elizabeth 
DIAZ, Narcisse .... 
DRUMMOND, Hon. Adelaide (Lister) 
DRUMMOND, Lis + er Maurice 

ELZEVIER (family) . 

ENGLISH (family) 

ENGLISH, J<»hn (Coroner of Bath) 

EYCK, Hubert van 

EYCK, Jan van .... 

FALKLAND, Lucius Carv. Lord . 
FINLAY, Sir Robert, Bannatvne . 
FLEMING, ffanuly) Barons Shine 
FLEMING, (Misses) of Sibdon 
FLEMING, Christopher 
FLEMING, Anne Teresa 
FLEMING, Francis 

FLEMING, Mary Alice (Mrs. Day) 

See Day, Mary Alico 
FLEMING, Michael 
FLEMING, William, " Lord Slano " 
FOX, Charles James . 
FRANCIS. Charles 

FREDERICK, Prince (afterwards Froder 
ick Augustus 1L, King of Saxonv) 
FRY, Elizabeth .... 


. 14, 31, 32, 50, 63, 

67, 76 

. 10, 94, 131, 185 (Note) 

. 28 

. 27 

. 32, 33, 34, 51 

. 185 (Note) 

. 28 

. 27 

. 26 

. 28 

. 28, 29, 33, 30, 50 

. 29,30,31,32,67, 

76, 163 

. 106, 185 (Note) 

. 31, 32 

. 51 

. 185 (Note) 

. 61. 67, 69. 73, 74, 


. 177 (Note) 

. 186 (Note) 

. 60 

. S7 

. 155 

. 178 (Note) 

. 178 (Note) 

. 36 

. 60 

. 32, 61 

. 156 

. 156 

. 157 

. 11, 84, 86, 98. 156, 163 

. 29, 166, 179 (Not 


. 179 (Note) 

. 179 (Nolo) 

. 29 

. 30 

. 29. 30. 179 


180 (Note) 

. 179 (Note) 

. 179 (Note) 

. 179 (Nolo) 

. 179 (Nolo) 

. 56 

. 47, 48 




GALL WE Y, Augustus . 

. 110 

GARRICK, Dei via 

. 179 (Note) 

GASQUET, Francis Aidan, Cardinal 

. 11 


. 45 

" GINNADRAKE, Timothy " 

. 29, 179 (Note) 

GLADSTONE, William Ewart 

. 128, 158 

GOKE, Sir Francis 

. 11, 84, 85 

GRAFLAND (family) 


GRANTHAM, Sir William . 



. 112 


177 (Note) 

HALL, Susana (Mrs.Day) 

See Day, Susana 

HANCOCK, Sir Burford 


HANKEY, Matilda (Mrs. Hartsinck) 

See Hartsinck, Matilda 


HANNA, Rev. William, D.D. (?) . 


HANNEN, Sir James, Baron 

127, 129 

HAREN, Carel de (Charles Frederick 

Sigismund) .... 

10, 46, 48, 66 

HAREN, Cecilia, Baroness de 

See Spaen, Cecilia, Baroness de 

HAREN, Charles, Baron de 


HARPIGNIES, Henri .... 

154, 155 


dad ...... 


HARTLAND, Sir Dixon 


HARTSINCK (family) .... 

36, 37, 38. 39, 48, 63, 

180 (Note) 

HARTSINCK, Commander Andries 


HARTSINCK, Anna Adriana 


HARTSINCK, Anna Peterella 

39, 41, 44, 46, 54, 55, 

183, (Note), 184 (Note) 

HARTSINCK, Constantia . 


HARTSINCK, Cornells 


HARTSINCK, Emelie (Mrs. Day) 

See Day, Emelie 

HARTSINCK, Jan Casper . 

39, 40, 41, 42, 43, 44, 46, 

47, 48, 06, 183 (Note) 

HARTSINCK, Commissary Jan Casper . 


HARTSINCK, Jan Jacob . 

36, 37 

HARTSINCK, Jean-Charles . 



HARTSINCK, Johanna Susana 



HARTSINCK, John Charles. 



HARTSINCK, Matilda. 


47, 57, 59, 62 

HARTSINCK, Admiral Pieter 


37, 38 




HARTSINCK, Susana Cornelia 



HARTSINCK Willom (Friar) 



HASSELAAR, Anna Adriana (Mrs. Hart- 

sinck.) Sec Hartsinck, Anna Adriana 


37, 180 (Noto) 



HASSBLAAR. Pieter . 

HAWKINS. Sir Henry 

See Brampton, Baron 
HAY, Mr. (Physician) . 
HAY, Sir John . 
HELM, van der (family) 
HENRY VIII., King of England 
HERSCHELL, Farrer, Baron 
HIRBART. William . 
HIGHAM, Edith (Mrs. Day) 
See Day, Edith 
HOLKER, Sir John . 
HOPPNER, John . 

HOPWOOD, Mr. (Liverpool Magislrate) 
HUDDLESTON. Miss (of Bath) . 
HUDDLESTONE, John Walter, Baron 
HUSENBETH, Rev. Frederick Charles, 


HUTTON, — (coachman) . 

ISRAELS, Josef . 


JAMES II, King of England 

JENNER, Sir Thomas 


JOHNSON, Dr. Samuel 

JONES, Henry . 

KAUFMAN, — (teacher of German) 
KEOOH, Mrs. — 
KING, Edward . 
KING, Emily Mary 
KING, Louis, M.D. 

LAMPS1US (family) 
LANDOR, WhII or Savage . 
LANYON, Charles 
LAWRENCE, Sir Thomas . 
LAYERUS (family) 
LEWIS. Mr. (physician) 
LINOIS, Admiral 
LOCKWOOD, Sir Frank 
Lo.wmtoso. Ccsm-o . 

LUTHER, Martin 

LYNCH, Rev. John, S. J. . 

McFARLANE, Sir Donald . 

MoHARDY, Commander Wallace 
MALCOLM, John George . 
MANNING, Henry Edward, Cardinal 
MANT, Miss 

MARBOT, Gon. Marcel J in 
MAIMS. Jacob . 


37, 180 (Note) 

16, 63 



183 (Note) 


180 (Note) 


183 (Note) 


124, 185, (Note) 

184 (Note) 
58, 59 

1 55 



39, 40, 147 



180 (Note) 




34, 185 (Note) 

1S5, (Note) 




183 (Note) 




103, 125, L28, 170 


183 (Note) 


137, 147 



1 2, 99 







M VIMS, Matthys .... 

MELVILLE, Lewis (pseudonym of Lewis 

S. Benjamin) 
METHUEN, Gen. Paul Sanford,, Baron 
Ml LES, Thomas . 
.Ml LLET, Jean-Francois 
MILNER Rt. Rev. John, D.D. 
MILNES, Sir R. Shore 
MONMOUTH. Jamea, Duke ol 
MORE, B. Sir Thomaa 
MORLEY, John (afterwards Lord 

MORRIS, May . 
MORRIS, William 
MOTLEY. J"hn Lothm,, 
MUILMAN (family) . 
MUILMAN, Anna (Mrs. Crokatt) 

See Angerstein, Anna 
MURRAY, John .... 


NASH, Richard (Bo.mi Nash) 
NELSON, Horatio, Lord. Nelson 

Bronte ..... 

See Newhurgh 
NEWBURGH, Anne, Countess of. 
NEWBURGH, Anthony 

elyffe, Earl of 
NEWDEGATE (family) 
NEWMAN, John Henry, Cardinal 
N1C0LL, Rev. Harry . 







153, 154, 155, 

184 (Note) 

184 (Note) 

1 84 (Note) 


34, 163 




1 SO (Nol e) 

38, 39 


38, 39 


177 (Note) 

29, 30 

37, 172 





15, 120 


O'LEARY, Mary Louisa (Mrs. Day) 

See Day, Marv Louisa 

Ferdinand- Com! e d' . .38 


EJenriette, Cooitesso d • • • 3<S 

ORANGE, Houae of . . . .41, 

ORANGE, Prince of 

See William I., King of the Net herlandfl 

OB INGE, Sophia Wilhelmina of Prussia, 

Princess Dowager of 48, 56 

ORTON, Arthur . . . .is:, (Note) 

42, 43, 4 7. 56 

PARFITT, Margarel Anno (Mrs. Day) 
See Day, Margaret Anno 



PARKER, Adola Watson (Mrs. Day) 

See D.iy, Adola 
PARKER, Sir Henry Wafesen 
PAKNELL, Charlea Stewart. 
PARRY, Sergeant John Humifreys 
PARTRIDGE, — (skipper) . 
PERUUINO, Pietro, (Vannuci) 
PHELPS, Mary (Mrs. Day) 

See Day, Mary, nee Day 
PH1PPEN, Dorothea (Mrs. Day) 

See Day, Dorothea 
PIGOTT, Richard 
PLANCHE, James Robinson 
POLLOCK, Edward . 
POWELL, Maurice 
PREVOST, Sir George. 
PUC1TTA, — (teacher of Italian) 


PURCELL, Rev. Arthur Dillon, Canon 

QUAIN, Dr. Richard . 

RAPHAEL (Sanzio) . 
REED, Mr. and Mrs. German 
RHYS, Sir John .... 
RIBBLESDALE, Adelaide (Lister), Ladv 
RIBBLESDALE, Thomas Lister, Baron' 
RIGBY, Rev. Edward, S. J. 
RIJENEVELD (family) 
RIJENEVELD, Sara van (Mrs. ECart- 


See Hart sinck, Sara 
ROBERTSON, — (Chief Inspector 

Liverpool) .... 
ROLAND (family) 
ROLAND, Anne (Mrs. Fleming) 

See Ploming, Anne 
ROLAND, Manon- Jeanne (Phlipon) 
RO.MNEY, George 
ROUSSEAU, Theodore 
ROWLEY (family) 
Itb r SKIN, John .... 
11USSELL, Charles, Baron Russell 

Killowen .... 

RUSSELL, Hon. Frank 
RUSSELL, John, Earl Russell 
RUST, Hose Henrietta Man . 
RUST, Thomas Dixon 

SARTO, Andrea del . 

SCANNELL, Rev. John Michael, Can >n 



127, 129, 130 

87, 96, 151 






84, 86 


18, 19, 83, 86 



116, 117, l 1Q 


83, 134 

109, 110 


178 (Note): 




. 119 

. 166 

. 179 (Note) 
. 184 (Note) 
. 155 

. 40 

. 125, 120 


. 94, 114, 128 

. 1 33 

. 178 (Note) 
. 183 (Note) 
. 185 (Nolo) 

. 156 

. 158, 164 




SCARLETT. James, Baron Abinger . 90 

SELBOURNE, Roundell Palmer, Earl . 115 
SEROOSKERKEN, Baron Jean de Tuyll 

van . . . • • .61 

SEROOSKERKEN*, Remira do Tuyll van 

(Mrs. Bentinck) 

See Beminck, Remira 
SHAD WELL, Dr. Lancelot . 
SILK. Anne 
SKURRAY, Mar? . (Mrs. Day) 

SeeD.iv, Man (nee- Skurray) 
SMITH, Sir Archibald Levin . 
SMITH. Judge Lumley 
SMITH. Rev. Thomas . 
SMYTHE, Sir Edward- 
SMVTHK, Sir Walter . 
SPAEN, DE (family) . 
SPAEN, Cecilia, Baroness de 
SPAEN, Jacob Alexander, Baron do 
"SPY" (caricaturist) . 

See William V. of Orange-Nassau 

SUE. Eugene 89 

SWEEDENRYCK, Constantia (Mrs. 

Plan siuck) 

See Hartsinck, Const ant ia 


54, (52, 07 

12V, 129 


26, 27 




40, 47, 48, 






TICHBORNE. Sir Roger Charles . 
TOLLENS, HencUik .... 
TRENCH, F. le Poor .... 
TROMP, Admiral Martin Harpertzoon 

(generally called van Tromp) 
TROUBETSKOY, Prince Pierre . 
TULLY. See Cicero, Marcus Tullius 
TYRRELL, Rev. George 


IS5 (Note) 

180 (Note) 







VALCKE (family) . 

VALGAL1ER. Abbe .... 

WW DIEST, Louisa Ann (Mrs. Crokatt) 

See Crokatt, Louisa Ann 
VELDEN, vii n don (family) . 
VELDEX. J. van den 
VRIESE (family) . . . . 

WADE. Capt (of Bath) 

WARD Wilfrid 

WATTS. Oc.rge Frederic 
WEEKLEY, Ernest . 


44, 40, 64, 57, 58, 60, 63, 

04, 07, 184, (Note) 

183 (Note) 
36, 61 

179 (Not o) 
isr, (Note) 
if) 4 
177 (Note) 

232 JOHN C. F. S. DAY 


WELLINGTON", Arthur Wellesley, 

Duke of . . . . '. 181 (Note 


See Oultremont de Wegemont 
WE STB Y (family) . . . .137 

WESTBY, Edith 

See Day, Edith, (Lady Day) 
WHITMAN, 'Walt .... 180 (Note) 

W1LBERFORCE, Rev. Bert rand, O.P. . 106 
WILKINSON, General. . . .52 


Orange-Nassau . . . .128 

WILLIAM I., King of the Netherlands 

(William VI. of Orange-Nassau) . 38, 41, 42, 46, 47, 

180 (Note) 
WILLIAM III., King of England. . 147 

WILLIAM V., of Orange Nassau, Heredi- 

t arv St adt holder of t he Net norlands . 41 
WILLIAMS, Francis . . . .22 

WILLIS, Mr. Justice William . . 9, 83, 91, 97, 124, 144, 

156, 161, 177, (Note), 
185 (Note) 
WILSON, Rev. — O.S.B. . . .75 

WINTER, Rev. — . . . .63 

WISEMAN. Nicholas, Cardinal . . 184 (Note), 185 (Note) 

WOOD. John (of Bath) . . . 179 (Note) 

WOODHOUSE, E. (ex-Mayor of Leeds) 118 

Printed at the Devonshire Press, Torquay 

AA 000192 961 1