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New York, The Macmillan Co. 

Toronto, - - The Macmillan Co. of Canada. 

London, Simpkin, Hamilton and Co. 

Cambridge, Bowes and Bowes. 

Edinburgh, Dougfas and Fouiit. 

Sydney, - Angus and Robertson. 






11 I 



The Author of * Lancelot of the Laik.' By Prof. Walter 

W. Skeat - i 

The First Historian of Cumberland. By Rev. James 

Wilson 5 

The Chronicle of Lanercost. By the Right Hon. Sir 

Herbert Maxwell, Bart. 22, 159, 276, 377 

The History of Divorce in Scotland. By Lord Guthrie 39 

Letters from Francis Kennedy, Abbeyhill, to Baron 
Kennedy at Dalquharran, Mayboll. The Siege of 
Edinburgh, 1745 - 53 

Roderick Dhu : his Poetical Pedigree. By Geo. Neilson - 61 

Edinburgh in 1544 and Hertford's Invasion. By Sir J. 

Balfour Paul - 113 

Jacobite Songs : The True Loyalist or Chevalier's 

Favourite, 1779. With notes by Andrew Lang - 132 

Two Glasgow Merchants in the French Revolution. By 

Henry W. Meikle - - 149 

Charter of the Abbot and Convent of Cupar, 1220. By 
Rev. James Wilson. With note by Sir Archibald 
Campbell Lawrie - 172 

vi Contents 


A Roman Outpost on Tweedside : The Fort of New- 
stead. By Joseph Anderson. With seven Illustrations 178 

The Beginnings of St. Andrews University, 1410-1418. 

By J. Maitland Anderson - - 225, 333 

The Dispensation for the Marriage of John, Lord of the 
Isles, and Amie Mac Ruari, 1337. With note by 
J. Maitland Thomson - - 249 

Jacobite Songs. By C. H. Firth - 251 

The Scottish Islands in the Diocese of Sodor. By 
Reginald L. Poole. With notes by J. Maitland 
Thomson, Sir Archibald C. Lawrie, and the Rev. 
Thomas M. Lindsay, D.D. - - 258 

Scottish Burgh Records. By George Neilson - 264 

Two Ballads on Viscount Dundee. By C. H. Firth - 361 

The English Thanksgiving Service for King James' 

delivery from the Cowrie Conspiracy. By F. C. Eeles 366 

Spanish Reports and the Wreck at Tobermory. By 

Julian Corbett - - 400 

Reviews of Books 70, 189, 286, 405 

Communications and Replies 

Francis Joseph Amours - - - .- -101 

The Saracen Mercenaries of Richard I. By Professor F. M. 

Powicke - ._.___ 104 

The Pills of Pope Alexander - 106 

Further Essays on Border Ballads. By Andrew Lang - 108 
Saint Maelrubha. By Niall D. Campbell - - 109 

Contents vii 


Communications and Replies 

Dr. James Fea 'of Clestrain.' By Allan Fea - no 

Further Essays on Border Ballads. By Colonel Fitzwilliam 

Elliot. With note by Andrew Lang - 220 

Early Charter at Inveraray. By Niall D. Campbell - 222 

Letters Relative to the Siege of Edinburgh - - 223 

The Coronation Stone of Scotland - 223 

Vidas Achinlek, Chevalier. By Muriel Gray. With notes 
by Professor Walter W. Skeat, Professor Alexander 

Lawson, and J. T. T. Brown - 321 

Coupar and Citeaux. By J. Maitland Thomson - - 326 

Late Fifteenth Century Bell at Swinton, Berwickshire. By 

F. C. Eeles. With two Illustrations - 327 

The True Loyalist or Chevalier's Favourite. By A. Lang 328 

Some Abbots of Newbattle. By J. G. Wallace James - 329 

Earthquakes in Glasgow. By David Murray - 329 

The Court of Love. By Professor W. W. Skeat - - 438 

Robert de Prebenda, Bishop of Dunblane. By William Brown 439 

Jenny Cameron. By A. Francis Steuart - 439 

The Finn Men. By David MacRitchie - - 442 

Notes and Comments 

Bibliography of Scottish History - - -in 

The Church of Southdean - - III 

Newcastle Society of Antiquaries - in 

Index, - 445 



Roman Shoes found at Newstead - 178 

Plan of Early Fort, Newstead - 181 

Plan of the Principia, Newstead - 182 

Roman Vessels of Unglazed Ware - - 182 

Plan of the reduced Fort, Newstead - 184 

Bowl of Terra Sigillata - 184 

Terra Cotta Horse found at Newstead - 186 

Bell at Swinton Church, Berwickshire - 326 

The Roman Wall in Scotland. Coins relating to Britain (Pius, 

Commodus, and Severus) - - 404 

The Roman Wall in Scotland. Legionary Tablets - 406 

Contributors to this Volume 

Joseph Anderson 

J. Maitland Anderson 

C. T. Atkinson 

Rev. E. M. Blackie 

Prof. G. Baldwin Brown 

J. T. T. Brown 

Niall D. Campbell 

James L. Caw 

Rev. Prof. Cooper 

Julian Corbett 

G. G. Coulton 

A. R. Cowan 

A. Cunningham 

John Edwards 

F. C. Eeles 

Col. Fitzwilliam Elliot 

Allan Fea 

C. H. Firth 

Gilbert Goudie 

Muriel Gray 

Mrs. J. R. Green 

Lord Guthrie 

T. F. Henderson 
Rev. J. King Hewison 
J. G. Wallace-James 
Hilda Johnstone 
Thomas Johnston 
Theodora Keith 
William D. Ker 
Professor W. P. Ker 
Lord Kingsburgh 
Andrew Lang 
Sir A. C. Lawrie 
Prof. A. Lawson 
Prof. T. M. Lindsay 
Mary Love 
George Macdonald 
W. S. McKechnie 
W. M. Mackenzie 
James MacLehose 
Sophia H. MacLehose 
David MacRitchie 
Andrew Marshall 
Sir Herbert Maxwell, Bart, 



Henry W. Meikle Thomas Ross 

W. G. Scott Moncrieff W. R. Scott 

Prof. J. L. Morison Prof. Walter W. Skeat 

R. B. Mowat David Baird Smith 

W. G. Blaikie Murdoch D. Nichol Smith 

David Murray E. Stair-Kerr 

George Neilson A. Francis Steuart 

Sir J. Balfour Paul G. H. Stevenson 

Reginald L. Poole J. Maitland Thomson 

Prof. F. M. Powicke Prof. T. F. Tout 

Robert Renwick Rev. James Wilson 


Scottish Historical Review 

VOL. VIIL, No. 29 OCTOBER 1910 

The Author of c Lancelot of the Laik ' 

IN 1865 I edited, for the Early English Text Society, a Scottish 
Metrical Romance, entitled Lancelot of the Laik, supposed 
to be written about 1490-1500. Nothing is known as to the 
authorship of the poem. Recent researches enable me to suggest 
that it was certainly written by the author of the Quair of Jelousy, 
edited by D. Laing, in vol ii. of the Bannatyne Miscellany, printed 
by the Bannatyne Club in 1836. The editor (rightly, as I think) 
attributed that poem to James Auchinleck, who graduated at 
Glasgow in 1471, and died in 1497. No doubt he was the 
James Affleck mentioned as * a makar ' by Dunbar. I think it 
probable that Lancelot, as being a much more ambitious and 
longer poem, was the later of the two ; and I shall assume this 
result for convenience, though it will not at all affect the 
arguments. If we date the ^uair about 1490 and the Lancelot 
about 1495, these are mere guesses ; but they are in accord- 
ance with probability. It must be remembered that of the 
latter poem we possess a mere fragment of 3486 lines. If 
it was ever completed, it must have consisted of more than 
10,000 lines at least, quite enough to justify Dunbar's par- 
ticular reference. 

I shall denote the >uair of Jelousy by J., and Lancelot of the 
Laik by L., for brevity. I find in both poems most minute 
resemblances in style, prosody, vocabulary, grammar, and phon- 
ology. I could exhibit these at such a length and in such minute 
detail as to render their common authorship almost a matter of 
certainty. But such details are tedious and wearisome ; and I 


2 Professor Walter W. Skeat 

think it may suffice to exhibit, side by side, some of the passages 
in which the poems resemble one another. I will, however, give 
one of the grammatical details by way of specimen. 

In the Kingis >uair we find the pp. of the verb * to take ' 
in the monosyllabic form tak or take^ or in the dissyllabic form 
takin (st. 24) ; and in no other form. But in J. and L. the 
infinitive is both tak and ta. Tak occurs in rime; J. 154, L. 473. 
Ta occurs in rime, J. 73 ; in L. we can infer it from tats, ' takes,' 
riming with gais, 'goes, fats, 'foes'; 1095, 1141, 3005. But 
the pp. is not only tak (in rime), J. 452, L. 296 ; it is also tane or 
tone, J. 575, L. 1054, 1060, etc. The riming of words ending 
in -on (from A.S. -an) with the French dispone (J. 266, L. 154) is 
noticeable. As to word-forms, I will merely cite destitude (in 
rime), J. 523, L. 96, 193 ; used instead of destitute. 

Both poems afford rather frequent reminiscences of Chaucer. 
Note, for example, Chaucer's line in the Knightes Tale, A 1500: 
* And, for to doon his observaunce to May.' 

The thirteenth line of the >uair is : 

* And unto Maij to done their observaunce.' 
The author of L. has not forgotten it ; see lines 12-16 : 

* to schew the kalendis of May, . . . 
The old wsage of lowis [love's] obseruans/ 

But, of course, the fact that both poems copy Chaucer is ot 
no great significance. The only curious circumstance here is that 
both poems make a similar reference just at the very same point, 
at the same distance from the beginning. 

I here notice the fact which gave one the first hint, viz. the 
extraordinary prolixity in the style. J. begins with a portentous 
sentence thirty-two lines in length. L. begins with a succession 
of long sentences, of which the first extends to sixteen lines at 
least, followed by And and ten lines more. Clause follows clause, 
quite loosely joined together, as though the object were to avoid 
coming to a full stop. This should be particularly observed, as 
well as the monotonously excessive use, in both poems, of a 
caesura at the end of the fourth syllable. 

J. begins with an Introduction, in ten-syllable couplets, of 190 
lines. L., which is mainly a translation from the French, begins 
with a general introduction of 195 lines, with a more particular 
introduction having reference to the subject. It is here that we 
should look for the parallel passages; and they are not difficult 
to find. I now quote them, keeping to the order in J. 

The Author of c Lancelot of the Laik ' 3 

1. The felde oureclad hath with the tender grene, 

Quhich all depaynt with diverss hewis bene ; J. 3, 4. 

Of quhiche the feild was al depaynt with gren; L. 46. 

2. His courss, ascending in the orient 

From his first gree, and forth his bemis sent; J. 9. 10. 

His hot[e] courss in-to the orient, 

And from his spere his goldine stremis sent ; L. 5, 6. 

3. Tho was the ayer sobir and amene ; J. 18. 

in the lusty aire, 
The morow makith soft, ameyne, and faire ; L. 63, 64. 

4. And namely on the suffraunce and the peyne 

Quhich most hath do my carefull hert constreyne; J. 25, 26. 

The sharp assay and ek the inwart peine 

Of dowblit wo me neulyngis can constrein ; L. 35, 36. 

5. The quhich as now me nedith not report ; J. 27. 
Quhich to report I tak not in my cwre ; L. 266. 

6. And to no wicht I will compleyne nor mene ; J. 30. 
And in myself I can nocht fynde the mene 

In-to quhat wyss I sal my wo compleine ; L. 41, 42. 

7- that was rycht wele besene ; J. 36. that wess weil besen ; L. 45. 

8. The cristall teris, etc. ; J. 50. As cristoll teris ; L. 62. 

9. The scharp[e] deth mote perce me throuch the hert, 

So that on fute from hens I nevir astert ; J. 67, 68. 

And throuch and throuch persit to the hart, 

That all his tyme he couth it not astart; L. 227, 228. 

10. With that she sichit with a rycht pitouss chere ; J. 95. 
He wepith and he sorowith in his chere . . . 

Gret peite was the sorow that he maad ; L. 695, 697. 

11. And to myself I thocht in this manere, 

Quhat may this mene? Quhat may this signifye ? J. 120, 121. 

. . . and to myself thocht I, 

Quhat may this meyne ? Quhat may this signify? L. 159, 160. 

12. For sche, for fairhede and for suete-having ; J. 133. 
that sche In fairhed and in wertew doith excede ; L. 576, 577. 

13. How evir it stonde, yit for this ladies sake 

Sa mekle occupacioun schall I tak; J. 153, 154. 

Som trety schall thoue for thi lady sak, 

That wnkouth is, als tak on hand and mak; L. 145, 146. 

Among al vtheris I schal one honde tak 

This litil occupatioune for hire sak ; L. 167, 168. 

14. And gif I do, it is of negligence, 

And lak of connyng and of eloquence ; J. 161, 162. 

Quhen that thai here my febil negligens, 

That empit is, and bare of eloquens ; L. 179, 180. 

4 The Author of c Lancelot of the Laik' 

Observe particularly that these are not instances of copying, 
but examples in which the same author, whilst using again his 
old rimes, takes the opportunity of slightly varying his phrases. 
This is why the similarities are so convincing. 

Neither have I exhibited all the parallelisms. Further on, 
in J. 245, 246, we find for to endite, riming with to write ; whilst 
in L. 205, 206, for to write rimes with endite. J. 573 ends 
with thou thee dispone ; so does L. 1 54. J. 549 ends with walking 
to and fro ; L. 43 ends with walkith to and fro. Many more such 
similarities may easily be found, and the reader may persuade 
himself as to the identity of the authorship of the two poems 
much more effectually than I can do it for him, by simply 
examining the question for himself. 

I will just mention one curiosity of rime which is found in both 
poems. We find that, in the Canterbury Tales, Chaucer five times 
uses the tag atte laste (at the last), as furnishing a convenient rime 
to caste ; see A 2429, B 508, B 904, E 1954, G 1314 ; but in 
none of these examples is the verb used with reference to the eyes 
or face. But in the Quair of Jelousye we find these two examples : 

till, at the last, 
Myne eye estward agayne the sonne I cast ; 33 

till, at the last, 
With that hir voce and eyne to hevin sche cast; 57 

Lancelot of the Laik has two similar examples : 

at the last, 
Efterward 1 one syd he gan his Ey to cast; 1005 

atte last ; 
And in the knychtis wentail haith it cast ; 1055 

Perhaps it is worth saying that there is no example of this 
rime in the Kingis >uair y which (as I believe I can prove) 
exhibits the phonology of an earlier date. Anyone who wishes 
to examine this question will find much assistance from the essay 
by Dr. F. J. Curtis on the Rimes and Phonology of the Middle-Scotch 
Romance Clariodus, reprinted at Halle in 1894 from volumes 4 
and 5 of Anglia. He shows clearly the artificiality of the form 

ton in the sense of ' taken.' T1tT X1tr c 


1 The word * E forward ' is so written in the MS. that the 'er' is only 
denoted by a little curl. Considering that the long $ ( f ) and f are constantly 
confused, I suspect that the scribe should have written ' Estward,' as in the other 
poem. Surely it is remarkable that this correction will mend the scansion of the 
line and give a clearer sense. 

The First Historian of Cumberland 

r THHE family of Denton, from which the subject of this notice 
JL was sprung, is not unknown in the annals of English 
exploits in the southern counties of Scotland during those 
tumultuous years when Balliols and Bruces struggled for the crown 
of the northern kingdom. The name is territorial, dating back, 
perhaps, to the twelfth century, and was adopted from the manor 
or parish of Denton in Gillesland, which remained in possession 
of the family till the opening years of the sixteenth century. 
Offshoots which settled at Newcastle-upon-Tyne served English 
interests on the eastern border with as much success as the parent 
stem in the west. 

The proverb recorded by Camden that ' opportunity makes the 
theef ' has a wider range : it brings out the mettle in a man or 
a family, and nowhere is it seen better exemplified than in the 
political unsettlement of Scotland, when individual families 
achieved undying fame. The international estrangement gave 
scope for special service on both sides of the Border, and the 
Dentons of Denton, like many of their contemporaries, rapidly 
rose to places of honour and influence in their country's story. 
The feudal service due from the tenement of Denton in the four- 
teenth century appears to have been one knight, for in 1304 John 
of Denton was summoned to render that quota for a foray into 
Scotland. 1 A few years later the same person was commissioned 
with others by King Edward, while he was sojourning at Laner- 
cost, to raise 140 men in Eskdale and Gillesland for the pursuit 
of Robert Bruce and his accomplices, 2 and in 1335 a representative 
of the family in Newcastle had the privilege of keeping the Earl 
of Moray at Bamburgh and delivering him to the sheriff at York. 3 

In course of time branches of the family were distributed in 
several places in Cumberland, often serving as sheriffs of the county, 
knights of the shire, and burgesses of the city of Carlisle in many 

, Cal. Scot. Doc. ii. 1437. 2 Cal. of Pat. #o//.r (1301-1307), p. 498. 
3 Bain, op. cit. iii. 1173. 

6 Rev. James Wilson 

Parliaments. Sir Richard of Denton, one of the most conspicuous 
men in Cumberland of his time, assisted at the arrest and execu- 
tion of Andrew de Hartcla, the unfortunate Earl of Carlisle, in 
1323, for his supposed treacherous dealings with Bruce. 1 But 
the most distinguished military personage of this lineage was a 
direct ancestor and namesake of the subject of this notice who won 
renown in Scotland. It may be permissible to allow John Denton, 
the father of Cumbrian history, to recount his deeds of prowess. 

It may be stated summarily that, according to his descendant, 2 
John of Denton had a grant of * the forest of Garnerie and Kirk- 
patrick and Agingrey in Scotland ' from Edward Balliol, King 
of Scots. His letters patent thereof were sealed in the Isle of 
Eastholm. 3 He was also steward of Annandale under Humfrey 
de Bohun, Earl of Hereford, to whom the whole seigniory, which 
was anciently the Bruces' lands, was given by Edward Balliol or 
John Balliol his father. Denton deserved so well in these wars 
between Balliols and Bruces, competitors for the crown of Scot- 
land, that Balliol, then king, preferred him to that forest, late the 
lands of the Bishops of Glasgow, and to Kirkpatrick, late the 
lands of Sir James Frissold, adherents to the Bruces' faction. 
The Earl of Hereford gave him the stewardship of Annandale, 4 
the principal office in that seigniory, because he had first entered 
the same and held it for the Earl in spite of the Bruces. When 
Balliol was banished from Scotland, Denton still held the principal 
house of the seigniory till it was fired under him, beaten and 
undermined till it was ready to fall, whereupon his heirs, in 
remembrance of this exploit, adopted for their crest a castle or 
tower sable, flames issuing out of the top thereof, and a demi-lion 
rampant with a sword in his right paw issuing out of the flames. 5 

1 Chron. de Lanercost (Maitland Club), pp. 250, 251. 

2 John Denton, Accompt of Estates and Families in Cumberland, p. 94. 

3 The date of these letters patent was apparently in 1348, for on 2Oth and 2ist 
September in the sixteenth year of his reign, King Edward Balliol issued from 
Eastholm similar letters patent respecting lands in Galloway, which were after- 
wards inspected and confirmed by Edward III. (Cal. of Pat. 1354-1358, pp. 142-3). 
Denton, the historian, must have been quoting from family documents when he 
made the statement in the text. 

4 On the death of the Earl of Hereford, Edward III. placed the castle of Loch- 
maban and the lordship of Annandale in the custody of John of Denton in 1362, 
which he was to hold till the heir came of age (Rot. Scocie, i. 86 1 b). 

5 When this heraldic crest was exhibited to Dugdale at his visitation in Carlisle 
in 1665, he noted that there was 'no proofe made of these armes.' Colonel 
George Denton, who attended, was not an antiquary, but had his grandfather 
been present, who told the story, Norroy King of Arms might have been satisfied. 

The First Historian of Cumberland 7 

Cradled in these family traditions, young John Denton, the 
future historian, grew up at Cardew Hall, the residential seat of a 
considerable estate in the manor of Dalston, acquired by his 
ancestors in the fourteenth century, and within a short distance of 
Rose Castle, the caput of the manor and historic residence of the 
Bishops of Carlisle. Unfortunately the exact date of his birth has 
not been ascertained, but as his father was seven years of age in 
1 54O, 1 it may be assumed that the eldest son saw the light soon 
after the middle of the sixteenth century. While a youth he 
became a page in the household of Bishop Barnes of Carlisle 
(1570-1577), his father's neighbour and feudal superior. Early 
associations with Rose Castle and its archives probably inoculated 
him with the virus for records and record-searching which after- 
wards proved the passion as well as the bane of his life. After a 
course of training in the law, most likely at Gray's Inn, under 
his kinsman George Lamplugh, to whom he was obliged in 
after years, owing to his litigious propensities, to mortgage his 
property, he succeeded his father, Henry Denton, in the Cardew 
estate in 1584. As a country gentleman he was placed in the 
commission of the peace, and living so near Carlisle and Rose 
Castle he became on friendly terms with the bishops and pre- 
bendaries, as well as the diocesan and capitular officials. 

After the death in 1595 of his wife, who was the daughter of a 
family of distinction in that neighbourhood, Denton's antiquarian 
and legal tastes were quickened by his appointment as an agent in 
Cumberland for the discovery of concealed lands on behalf of 
Queen Elizabeth which necessitated frequent journeys to London 
on that business. About the same time (1598) his kinsman Dr. 
Henry Robinson was promoted to the see of Carlisle, who gave 
him free access to the diocesan archives. His social connexions 
brought him into contact with the principal families of the county 
and afforded him opportunity of making himself acquainted with 
the contents of their muniment rooms. 

But the field on which he reaped the richest harvest and from 
which he drew the bulk of his historical materials was the Tower 
of London, where the national records were then stored, and 
where he spent much of his time in 1600 and 1601 in prosecu- 
tion of the duties of his office. From the public records in the 
Tower he acquired a wealth of historical knowledge relating to 
the descent of manors and families in his native county, which he 
subsequently digested in formal shape and left behind him in 
1 Chancery, Inq. p.m., 34 Hen. VIII., file 65, Nos. 18, 19. 

8 Rev. James Wilson 

manuscript. In 1887 a copy of the manuscript was printed 1 
under the title of An Accompt of the most considerable Estates 
and Families in the County of Cumberland^ from the Conquest 
unto the beginning of the reign of K. James \the First], by John 
Denton of Cardew. The print covers 159 octavo pages. Though 
there were seven copies of the manuscript before the editor, no 
attempt was made to collate them with a view of ascertaining the 
best text. In some of the copies it is stated that the account was 
brought up to 1610, seven years before the author's death. This 
brief sketch of environment may be taken as the general back- 
ground for a picture of the first historian of Cumberland. 

Denton's legal training and special knowledge of the territorial 
history of Cumberland gave him pre-eminence among his neigh- 
bours as an authority on disputes about land and tithes. In course 
of time he was embroiled with successive Bishops of Carlisle on 
matters connected with the manor of Dalston, of which he was 
one of the largest landowners. His official work as an agent for 
concealed lands disturbed the social amenities of several families 
in the county. It may be truly said that before his death in 1617 
John Denton was a mischievous influence in Cumberland. 

There is a legend that Denton wrote his history during the 
time of his imprisonment in the Tower upon a contest between 
him and Bishop Robinson of Carlisle. The supposition is very 
unlikely. Refusal to do suit at the bishop's manor-court, or to 
grind corn at the bishop's mills was scarcely an offence to merit 
such high punishment. His visits to the Tower appear to have 
been for another purpose ; he went there as one of the Queen's 
agents to study the public records. We have c a note of suche 
recordes as Mr. Denton hath scene and had notes of by warrant 
of Mr. Attorney Generall, bearinge date the xxxth of January, 
1600.' The document 2 is endorsed ' serches pro Regina by Mr. 
Aturnye Geinralls warrant to Mr. Denton, 1600, 1601.' Those 
who take the trouble to glance at the list of evidences consulted 
by him will come away with unfeigned respect for his patience 
and industry. All the chief classes of rolls and records from 
the reign of King John to that of Edward IV., useful for his 
business, were supplied to him. If the custody of the national 
records then and now be compared, students, accustomed to 

1 As one of its Tract Series by the Cumberland and Westmorland Archaeological 
Society under the care of Mr. R. S. Ferguson, F.S.A., Chancellor of Carlisle. 

2 S. P. Don. Elizabeth, vol. cclixix. folio 70. 

The First Historian of Cumberland 9 

work from original materials, can well imagine the difficulties 
under which he carried on his labours. 

Evidence of the unpleasantness caused by Denton's work on 
behalf of the Crown may be gathered from a letter of one of his 
confederates in 1608 to the Earl of Salisbury. As the communi- 
cation throws a much-needed light upon the methods then in 
fashion, it would be a pity to abridge it. 

R l honorable, my duety in all humble manner remembred. May it 
please yo r lo[rdship]. I understand y l S r Willfryd Lawson haithe used 
slanderous and hard speaches against one Mr. Denton, a justice of peace in 
Comberland, and my selfe, onely because we offred by the meanes of the 
Bushop of Bristoll, who therwithe acquainted his Majesty to advaunce his 
highnes revynews in landes yearly 3OOO H w ch is intayled and belonging to 
y e Crowne, deteyned and wrongfullye possessed by y e said Lawson and 
soundrye others asshalbe proved by auncyent recordes, intaylesand attaynders. 

Now to hinder the Kinges title frome tryall, he plottes to disgrace us 
behind our backes by odyous enformacions to yo r lo[rdship] and other 
honorable persons wherein he can reape no credet. Yt is not fit the 
Kinges revynews shold be concealed and still wrongfullye possessed upon 
his untrue suggestions, who threatnes by impresonment and other unlaw- 
full proceadinges to hinder Mr. Denton and me in y e sayd service. 

My humble sewt to yo r lo[rdship] is y 1 his Majesty may have an honor- 
able, open and lawfull tryall, where the best in the countrye may be 
commissioners and jurors, wherbye yt shall appere y l the Kinges Majesty 
seekes nothing but his auncyent Crowne landes, w ch we have ben willed 
by comaundm 1 to mayke knowne and prosecute on his Majesty behaulfe. 

In the meantyme I humble pray yo r l[ordship] to geve no credett too 
malycious reportes, pryuet lettres nor backbyting wordes, and y l yow will 
suspend yo r honorable iudgment upon us untill the truth be tryed, and 
yo r l[ordship] therwith better acquainted, and I shall ever, according to 
my duety, pray for yo r lo[rdship's] healthe in honorable estate long to 
contynew, xvjth May, 1608. 

Yo r l[ordship's] humble to comaund 
in all dewtyfull s r vice 


Post scriptum. Ther be S r John Dalston and gentlemen of good sort in 
Comberland now in London y l will maike knowne unto his Majesty and 
yo r lo[rdship] y l the Kinges title is lawfull and ho[nora]ble and y l Mr. 
Denton and myselfe are much abused by skandelous reporte of S r Wilfryd 
Lawson our aidverserye. 1 


To the R l honorable Robert Thearle of Salesburye, Lord Highe 
Treasorer of England at Court, eleswhere give theise. 


Anthony Atkinson to my Lord, 1608. 

1 S. P. Dam. James I. vol. xxxii. fol. 50. 

io Rev. James Wilson 

At a later stage of Denton's career, it was given in charge 
against him that in the time of Queen Elizabeth he claimed to 
entitle her to the lands of Sir Wilfrid Lawson, under which pre- 
tence he obtained leave to search all the records of the Crown, 
and that thereby he was stored to fill his country full of broils, 
without any benefit to the Queen. 

We have little to do here with the merits of our antiquary's 
disputes with successive Bishops of Carlisle respecting the feudal 
status of his property. Denton maintained that Cardew was a 
manor of itself, independent of the lordship of Dalston, which 
was an appurtenant of the see of Carlisle. Throughout this 
controversy he appears to have manifested a churlish distemper 
and a lack of intelligence not to be expected of him. In an 
unguarded moment he alluded to Bishop May (1577-1598) in 
the hearing of two of the bishop's friends as ' little John May.' 
When reminded of this irreverent treatment of ecclesiastical 
dignities, he pleaded that his reference was not meant to be 
contemptuous : it was only a pleasantry on the bishop's short- 
ness of stature. 

Denton's repudiation of the services due to his feudal superior 
was at last grappled with in earnest by Bishop Henry Robinson 
(1598-1616), his kinsman. The depositions on commission, 
taken at Raughtonhead 1 on 5 Oct., 1612, and at Dalston church 2 
on 14 April, 1613, afford exhaustive evidence on the tenurial 
problem. But with this aspect of the litigation we are not con- 
cerned. The legal proceedings which followed are much more to 
our purpose. John Denton in the witness box, examined on his 
dealings with local and historical evidences, is an interesting 
figure. The Elizabethan archivist was at bay, and he had to face 
the music. 

When the bishop's legal advisers were preparing the case for 
the prosecution, it was found that many charters and other evi- 
dences of the see of Carlisle were missing, and suspicion of 
malfaisance, having regard to his former associations with Rose 
Castle, fell on Denton. Descriptive particulars of the lost deeds, 
as entered on counsel's brief, are as follows : 

Charters lost or embezelled from the Bishops of Carlile wherof mencon 
is made in both ancient and nue repertories. 

Carta H. 3 super concess[ione] 14 ac[rarum] in Haithuaite et Fornscale 
Hailme. 3 

1 Excheq. Depositions by Commission, io James I., Michaelmas, No. 17. 
id. ii James I., Easter, No. i. 3 Chart. Roll, 36 Hen. III. m. 7. 

The First Historian of Cumberland n 

Quieta Clamacio Michaelis de Hartcla de manerio de Dalston. 1 

Quieta Clamacio Th. Dermun de terris infra baroniam de Dalston. 

Carta de tofto in suburbio Carlile. 

Carta de terra in Milholme. 

Carta Lovell de fornella in Dalston. 

Carta R[egis] E[dwardi i] de fonte de Welton. 2 

Carta R. 2 de bruerio concesso tenentibus Episcopi infra forestam de 

Ingl[ewood]. 3 
Carta Regis H. de dimidia carucata terre in suburbio Car[lioli] in feodo de 


Carta Regis super testamento Walteri episcopi. 4 

Carta Regis de una acra contigua et nunc inclusa in parco suo de Rosa. 5 
Carta Regis super diversis in maneriis dimitentis post mortem Episcopi. 6 
Carta de tenementis in Foxle haineing. 
Carta Nicol Sissons de terris in Raughton. 
Carta H. filii H. Thranghole pro terris in Raughton. 
Carta Roberti Bacon militis pro terris in Raughton. 
Quieta Clamacio Dermun [pro] terris in Raughton 
Carta Symonis de Raughton. 
Carta Rayneri de Raughton. 

Carta Regis E[dwardi iii] de largitione parci de Rosa. 7 
Perambulacio manerii de Dalston 8 lent to Den ton by my lord and restored 

as he thinketh, but by some indirect course conveyed before this sute 

Carta Johannis de Bormeton [V], vicker de Denton in Gilsland, super terris 

et tenementis in villa de Cardew. This was to be had in Bishop Barnes 

his time, whose servant this Denton was, but it is supposed gotten in 

tempore Episcopi nunc. 

Carta Willelmi filii Walteri de terra in Raughton (cancelled). 
Q[uieta] Clam[acio] Henrici de Thrangh[olme] de terris in Brackenthuaite 


From the descriptive enumeration here given, it will be seen 
that copies of the royal grants, as Denton could have told them 
had he been so minded, might have been obtained from the 
duplicates enrolled in the King's archives. 10 What answers he 

1 This quit-claim would be of immense interest in view of the pleas in Bench, 
of which it was the settlement. 

2 Pat. Roll, 20 Edw. I. m. 21. 3 Pat. Roll, 20 Ric. II. pt. i. m. 32. 
*Pat. Roll, 29 Hen. III. m. 4. 5 Pat. Roll, 23 Edw. I. m. 7. 

6 Chart. Roll, 20 Edw. I. m. 14. 7 Pat. Roll, 31 Edw. III. pt. 3, m. 8. 

8 In the margin this record is noted as being in ' Libro 1. 49.' A copy is still 
in existence in Carl. Epis. Reg. Kirkby, MS. fol. 289. 

9 Document in the diocesan registry of Carlisle. 

10 In the preceding notes attempt has been made to trace some of them, despite 
the imperfect descriptions. With a little care the rest could be identified. The 
loss of private grants is of course irreparable. 

12 Rev. James Wilson 

made to the interrogatories respecting these deeds and kindred 
matters will be noticed presently. One important point is made 
clear by this table of missing evidences. The lost registers of the 
bishopric were not in question. 

It is satisfactory to have a picture of the Cumberland historian 
though it is drawn by the hand of an adversary. As a con- 
temporary estimate of his character it is probably unique. The 
following notes are entered on the brief for the prosecution, in 
his dispute with Bishop Robinson, as a guide to counsel in 
cross-exam i nation. 

Mr. Denton was servant to Bishop Barnes, in whose time the charter of 
Jo[hn] Burden, vicare of Denton in Gilsland, who gave the lande in 
Cardewe to Jo[hn] of Halghton, Bishop of Carlile, and his heires, was 
amongst other the Bishop's evidence as appeareth in repertorio Barnes. 

Denton being the nowe Bishop's kinsman was permitted to peruse all 
the evidences belongeing to the Bishoprick, before himself went to take 
possession of his Bishoprick. So soone as the nowe Bishop came to his 
place, Denton had the veweing and marshalling of all his evidences and 
was trusted to have access unto them att his pleasure. 

The nowe Bishop lent unto Denton one ancient survey or perambulation 
of the time of H[enry] 3, which he confesseth Denton restored againe, but 
the same is since embezelled, so that it can not nowe be found. Denton 
went about to corrupt and persuade John Blackett, the nowe Bishop's 
secretarie, to bring unto him the most ancient Leger booke, 1 which the 
Bishop hath, wherin the services of the tenants of the manor of Dalston 
and Denton's ancestors of Cardewe are expressed. 

About 41 Elizabeth [1598-9] Sir Edward Dymock being about to take 
a lease of the soake of Horncastle in Lincolnshire from the nowe Bishop, 2 
nether of them cold conceave howe to make a good lease for want of a 
particular. Denton being present as a principall assistant or counsellor to my 
lord desired that he might go to his owne house and he wold satisfie them 
howe that lease might be made, w ch he then did and brought them a 
particular, and a lease was made accordingly. In the time of Queen 
Elizabeth, he intitled her to the lands of Sir Wilfride Lawson, Kt., under 
which pretence he obtained warrant to search all the Records of the 
Crowne, by which meanes he is stored to fill his countrie full of broiles, 
and yett did not benifete the Queene anything. 

He hath had the secrett fingering of all the evidences of the church of 

He hath insinueated himself into as many of the gentlemen's evidence in 
his countrie as wold give him any creditt. 

He hath whole loads of old evidences gotten heere and there. 3 

1 By this book is meant the first of the series of Episcopal Registers now in the 
diocesan registry of Carlisle. 

2 A draft copy of this lease still exists in the diocesan registry of Carlisle. 

3 Document in the diocesan registry of Carlisle. 

The First Historian of Cumberland 13 

There is nothing very definite in this catalogue of suggested 
misdemeanours, though it looks as if there was a touch of 
malice in the penultimate clauses. The charge of having had 
* the secret fingering of all the evidences ' of the capitular body 
seems somewhat vague. Was it relevant to the suit that de- 
fendant was acquainted with the muniments of the local squires ? 
We can forgive, however, all this forensic embroidery in 
view of the last charge levelled at the unfortunate antiquary. 
Admirers of Denton's contribution to the history of Cum- 
berland will thank his persecutors for telling that Cardew Hall 
had been stored with whole loads of old evidences gotten here 
and there. 

As Denton's depositions, in answer to the charges of embezzling 
the evidences in the episcopal and capitular repositories, have been 
printed in the appendix, little need be said here by way of eluci- 
dation. He repudiated the charges of having had, at any time of 
his life, private access to ecclesiastical records ; they were so 
strictly kept that nobody was allowed to consult them except 
under official supervision. To repeated questions how he had 
got such and such information, his triumphant answer was that he 
had recourse to ' the records about London,' as any subject for his 
money might have had at his pleasure. The allegations about the 
misappropriation of the evidences, which he rejected with vigour 
and straightforwardness, completely broke down, and no blame 
was attached to him in that respect. Denton had pursued his 
studies in the Tower to some purpose. Though he was mulcted 
in damages on the tenurial question, his integrity as a student of 
records was left without stain. 

When we come to estimate the value of Denton's contribution 
to local historical knowledge, there is a hazard of raking up the 
hot ashes of controversy. It should never be forgotten that he 
had no predecessors. John Denton may be rightly called the 
father of Cumberland history. Like an illustrious pioneer in the 
same field, it was his fate to travail a lonely and untrodden path. 
By the authors of the early county histories of Cumberland he 
was accepted as an unquestioned authority. His manuscript 
' Accompt ' was embodied without acknowledgment by his distant 
kinsman, Thomas Denton of Warnel, who compiled a historical 
survey of Cumberland in 1687 at the instance of Sir John 
Lowther, a work which still remains in manuscript. The history 
of Nicolson and Burn, published in 1777, is indebted to the 
labours of John Denton for nearly all their historical data on the 

14 Rev. James Wilson 

early territorial descent of the county. The researches of Denton 
were simply transferred without criticism or cavil. 

The other county historians follow Nicolson and Burn like 
sheep through a gap, with the notable exception of Messrs. Lysons 
in 1 8 1 6, who made some use of the ' Perambulation ' of Thomas 
Denton in that department in which his information was first 
hand, viz. when he discoursed on contemporary events. Through- 
out the series of county histories, definite historical statements 
on the early medieval period may be traced in the main to the 
fountainhead at Cardew Hall. It is readily admitted that each 
of the county histories has a value of its own, especially those of 
Nicolson and Burn and the Messrs. Lysons, but on a general 
view of the series it may be assumed that the work of John 
Denton, so far as the idea of a county history came within his 
purview, lies beneath the surface as the bed-rock of them all. 

When the Archaeological Institute met at Carlisle in 1859, a 
paper was read by John Hodgson Hinde, vice-president of the 
Society of Antiquaries of Newcastle-upon-Tyne, on the early 
history of Cumberland, 1 which came like a bolt from a cloudless 
sky. Mr. Hinde was a scholar of considerable repute who had 
done much original work for the history of the northern counties 
of England. The right of a student, who had edited with skill 
and learning the Pipe Rolls of Cumberland and Westmorland, to 
* lay down the law ' on the subject of his dissertation, few will 
deny. In pointing out * the inaccuracy, not to use a harsher term, 
of the authorities which have hitherto been relied on, in tracing 
the general history of Cumberland,' he indicated that many of the 
misstatements ' originate with the Chronicon Cumbriae, but these 
are amplified and augmented by succeeding compilers, especially 
by two persons of the name of Denton, whose manuscript collec- 
tions have been the main source from whence modern historians of 
the county have derived their information as to the early descent 
of property, and the genealogy of its possessors.' 2 This appears a 
heavy indictment to be grounded on the few instances of inaccuracy 
that Mr. Hinde thought fit to give, but it has been enough to raise 
up a whole crop of servile imitators, whose only title to considera- 
tion is their temerity in depreciating the elder Denton's authority. 3 

1 Printed in the Archaeological Journal, xvi. 217-235. 

2 Ibid. pp. 234-5. 

3 It is only fair to make two notable exceptions. When Chancellor Prescott, in 
his edition of the Register of Wetherhal, disagrees with Denton, he shows cause for 
his dissent. Mr. F. H. M. Parker, in his edition of the Pipe Rolls of Cumberland, 

The First Historian of Cumberland 15 

It should be premised that John Denton made no claim to be a 
political or ecclesiastical historian. The title prefixed to his work 
shows that his aim was to trace the descent ' of the most consider- 
able estates and families in the county of Cumberland.' His 
manuscript is without doubt fragmentary and unfinished : a good 
text is still a desideratum : there is no evidence that it was intended 
for the public eye. So far as can be judged the 'Accompt' was 
drawn up as a guide for himself in his investigations on behalf of 
the Crown. Every reader, acquainted with original sources, must 
acknowledge that Denton worked from the best evidences he could 
find in the limited sphere of his undertaking : he was not a 
second-hand expositor of other men's collections : he had no 
opportunity, like Mr. Hinde and his imitators, to establish his 
infallibility by criticising the labours of his predecessors. 

When original evidences were not available for his purpose, he 
had recourse, and that very sparingly, to second-rate documents, 
the chief of which was that much maligned tract known as the 
Chronicon Cumbrie. 1 It is rather singular that the statements of 
Denton, which have called forth the loudest lamentation, were 
taken from that document. In estimating the sources of his 
admitted errors, the Chronicon may be accepted as a specimen of 
the authorities by which he was led astray. 

It is well to remember the nature and character of this compil- 
ation. Some of Denton's detractors describe it as a monkish 
legend. It is nothing of the kind, though we are indebted for its 
preservation to the literary instincts of the medieval churchmen of 
Cumberland. Speaking in a general way, the greater part of it, 
except the few preliminary flourishes of the exordium, is of the 
utmost historical value. This is not the place to test its state- 
ments, but it may be briefly said that the tract must be judged in 
the light of the environment from whence it emanated. This 
source of some of Denton's errors is a legal document of the early 
part of the fourteenth century, compiled, like other documents of 
that period, for submission to the King's Courts in proof of the 
territorial descent of the Honor of Cockermouth from the fount 
of tenure to the date of the great dispute. 2 In the absence of direct 

has pronounced Denton's work as ' a wonderful record of wide and painstaking 
research.' It is significant that both writers are students of original sources. 

1 A trustworthy text of this short document is very much needed. It has been too 
often printed from corrupt sources. 

2 See my arguments in Viet. Hist, of Cumb. i. 297-8, which have been accepted 
by such an authority as Dr. William Greenwell in Hist, of Northumberland, vii. 29. 

1 6 Rev. James Wilson 

evidence for the earlier devolution ot manorial history, Denton 
accepted the authority of the compilation. Does his credulity 
merit the indignation of his quasi-faultless successors ? 

Denton, following his fourteenth century authority, introduced 
William the Conqueror as the original source of Cumberland 
tenure an error which has brought simpering blushes to the 
cheeks of so many of our local antiquaries. The bulk of them 
have held this statement so near their eyes that they can see little 
good in its author. As there is no direct proof for the presence 
of William I. in Carlisle, it might well be maintained that there is 
none against it. But it has been generally accepted, thanks to the 
elaborate and consummate arguments of Professor Freeman, that 
the Conqueror had no connexion with the district now known as 
Cumberland. The tradition mentioned in the Chronicon, however, 
has a very respectable lineage and, in the judgment of the writer, 
appears, like the tract itself, to be of legal origin. In the records of 
the early medieval courts of England the Conqueror occupies a 
prominent position as a source of tenure. It is well known that 
when the early justices itinerant came on circuit to Carlisle, they 
would have nothing to do with local frontier customs, but insisted 
on their interpretation by the legal standards of the rest of the 
kingdom. This obstinacy of the judges has so confused and 
obfuscated the great service of cornage that scholars have been at 
loggerheads about its true nature for the past three centuries. It 
was probably in this way that William the Conqueror was 
imported into Cumbrian legal phraseology and stuck fast in the 
Cumbrian mind. 

It will be sufficient if only two instances be given of the 
occurrence of this legal fiction outside of its adoption in the 
Chronicon Cumbrie which Denton regarded as genuine history. 
So early as 1227 a Cumbrian magnate pleaded in court that he 
claimed no more for his manor than his ancestors died seised of, 
from father to son, from the first conquest 1 (a primo Conquestu). 
The latter phrase must have been regarded in judicial circles 
as the origin of tenure. The popular conception is illustrated 
in the parley between William Wallace and the citizens of Car- 
lisle half a century later. ' My master William the Conqueror,' 
said Wallace's messenger, ' demands the surrender ot the town.' 
' Who is this Conqueror ? ' replied the citizens. William whom 
ye name Wallace,' was the rejoinder. * Tell him,' said the 
citizens, ' that if he wishes to come after the manner of the good 
1 Coram Rege Roll, u Hen. III., No. 27, m. 4. 

The First Historian of Cumberland 17 

Conqueror and besiege the place, he can have, if he is able to 
take them, the city and castle and all their belongings.' l In 
view of the prevailing tradition and of the source from which 
it appears to have originated, the error of Denton cannot be 
regarded as a serious blunder. If the whole compilation be 
examined from the viewpoint of sources, it will be discovered 
that the author had some authority for his statements, 2 not the 
best perhaps, but at least authorities on which he relied. Imagina- 
tion plays a wonderfully insignificant part in his dry record. 

In taking a general view of Denton's place in Cumbrian 
history, no writer that has yet arisen can approach in complete- 
ness his contribution to its earlier periods within the limits he 
had set himself. It would be absurd to say that he made no 
mistakes. Errors there are in his work, of identification, of 
genealogy, of manorial descent. The marvel is, when his sur- 
roundings and opportunities are considered, that there are not 
many more. The chief charm about him is that he was a record 
scholar, marshalling ' his whole loads of old evidences gotten here 
and there ' into order and telling his story with the triteness and 
circumspection of a lawyer. He stands alone among the Cum- 
brian students of the past as having worked through the chief 
classes of the national records. It is a welcome refreshment to 
turn to his pages and read in English the very words of * the 
records about London ' which he procured at his own expense. 
Justice has not been done to John Denton either by his editor or 
by his critics. The whole tendency of recent depreciation makes a 
demand on the Cumberland and Westmorland Archaeological 
Society, which is responsible for printing a copy of his manuscript, 
that some competent student should undertake a new edition 
with the double purpose of producing a trustworthy text and of 
substantiating or disproving from original sources its historical 
statements. In view of the indebtedness of Cumberland to the 
labours of one of its sons, this reparation is the least that is due 
to his memory. The county has produced so few native-born 
students of its history, that it can scarcely afford to allow the 
most imposing figure amongst them to occupy an uncertain place 
in its annals. 

1 Walter of Hemingburgh, Chronicon (Engl. Hist. Soc.), ii. 42. 

2 Another example may be cited. When Denton states that the priory ot 
Lanercost was founded in 1 1 1 6, he was evidently following an early list of dated 
foundations given in the chartulary of that house. On the other hand, it may well 
happen that a copyist of Denton's autograph had in error mistaken 1161 for 1116. 



Rev. James Wilson 


Depositions of John Denton Esq re to Articles &c., 24 of Nov. 

1. To the first interrogatory] he saith that he was servant to 
Serving of Bushope Barnes as his page, and to his remembranc the 
Buihope evidences then belonginge to the Bushopbrick of Carlile were 
Barnes. then in the custodye of John Barnes his brother & very 

strictlye loked unto, so as neyther this examynate nor any 
other to his knowledg had nor could have private accesse to his 
evidences but in the presents of the said Bushope him self & 
the said John Barnes or thone of them. 

And he verylye thinketh the said Bushope left them to the 

Bushope next successor, John May, late Bushope of Carlyle. And this 

Maye. examynate further saith that he never had any such interest or 

allowanc with the said John May that he ever had or could 

have accesse to any parte of the said evidences, saving such 

certayne leases of tythes & other things mayd to this 

examinate & to his use by the said Bushope Maye as he now 


2. To the [second] inter[rogatory] he saith that he remembreth 
that he had certayne Rowles of Accompts & Rentalls of 
lands in Dalston in his possession, some on paper, some on 

Tomlynscn parchment, at such tyme as the said Nycholas Tomlynson of 

y theRowle Haukesdayle in Cumberland came to this examynate's house, 

spoken of. w * 1 this examynate then had by delyvery of the plaintiff, all 

w ch this examynate did delyver or cause to be delyvered agayne 

to the plaintiff, wherof he veryly thinketh one of the said 

Rowles was sythenc reddye to be produced agaynst him this 

examynate at the hearyng of the cause in thexchequer 

between the plaintiff & this examynate. 

What Rowle But what Rowle or accompt Tomlynson meaneth of, this 
ment of Tom- examynate knoweth nott. And what speches the said Tomlyn- 
lynson speches. son then had this examynate doth not remember. 

3. To the [third] interrogatory] he saith that the said Christoffer 
Curwen & Henry Sandes came to this examynate's house, 

Curwen cff wher they had some speches consernyng John May, late 
Sandes. Bushope of Carlile, w ch was a man of lowe stature, and, therfore, 

this examynate did name him to them by the name of lytle 
John Maye, without any such splentick or scornefull thought 
as they pretend, of w ch they have sythenc mayd a more hard 
construction then was ever ment or intended by this examynate. 
And thinketh that they sythenc so misinterpreted his words & 
meanyng out of their owne distemper after the words ware 
spoken, because this examynate stood agaynst them in defenc of 
the tytle & wardshipe of John Lamplughe, his kynsman, 

The First Historian of Cumberland 19 

being an infant, comytted in truste to this examynate & 
others by his unkell, whose heir he was. And to aggrevate the 
plaintiff's displeasure the moer agaynst this examynate, w ch said 
Sandes did also in his said displeasure comytt a servant of this 
examynates to close prison, for geving warnyng at Dalstoun 
Church of a Court to be holden by this examynate, pretending 
some unlawfull behavior w ch he could nott prove or make good 
before the Justices of Assisses before whom the same was called 
to examynation. And for the booke mencond in this inter- Booke ment 
rogatory, this examynate knoweth nott what book is ment, butt unknowne. 
saith that he had & hath sene in the hands of John Smythe 
of Carlyle and Mr. Walkwood, prebendary, dyvers bookes and 
peces of bookes, some in parchment & some in paper, w ch , as 
he thinketh, belonged some to the Priory of Carlyle and 
some to the Deane & Chapter of Carlyle, w ch came to 
this examynates handes, parte by delyvery of them selfs and 
parte therof sent unto him, this examynate, by their then 
servants or such whome they used, whose names he now 
remembreth nott. All w ch this examynate delyvered & sent 
to be delyvered to them agayne. And veryly thinketh that one 
of those bookes is the booke ment and menconed in this inter- Book ment. 
rogatory and contayned as this examynate now remembreth 
leases mayd by the Pryor and Convent and by the Deane & 
Chapter of their owne proper landes, with some fewe confyrma- 
tions of Bushopes leases, and nott any other matter consernyng 
the Sea to this examynates now remembranc. 
To the [fourth] interr[ogatory] he saith that Rowland Toppin 4. 
& John Stoddart of Carlyle, this examynates tenants, holding 
a lease of certayn tythes from the Deane & Chapter of Carlile 
ware impleaded by the now plaintiff in his eccleaseasticall court 
for the same tythe or some parte therof as they reported, who, 
repayring to this examynate to knowe what he could say unto For 
the matter, did delyver unto them such of his owne evidences contributions. 
as conserned the soyle of some parte of the same and told them 
that yf they could procure of the Deane & Chapter their 
distributions yt wold make the matter playne to whome yt 
belonged. After w ch the said Toppin, as this examynate now 
remembreth, brought to this examynate certayne distributions 
of the Deane & Chapters under scale, w ch compared together 
mayd apparant the same tythe in question to belong to the 
Deane & Chapter, and nott to the Bushope, and so is 
by them enioyed to this daye as he thinketh. From w * 1 dis- 
tributions certayne notes were taken for the good of the sayd 
Toppin & Stoddart w ch were the same mencond in this Notes from 
interrogatory that Bleckett did see at this examynates house, distributions 
And further saith that, after such notes taken, this examynate for Bleckett. 
was called before thre of the prebendaries, and their did agayne 
see the said distributions w ch were then by them as owners 


Rev. James Wilson 

A perfect 

The mill 

John Bleckett. 




menconed in 

taken into their possession agayne, where he thinketh the same 
are as yett remayninge. And further saith, that emongst w ch 
sealed writyngs a perfect bounder betwene the Kinges 
majestyes landes and the plaintiffes manner of Dalston appeared 
playne, and how much is encroched their upon the Kinge. 
And that the myll now claymed as Dalston myll standeth upon 
the Kinges land and nott upon any parte of the manner of 
Dalston. And saith that he, this examynate, hath nott any of 
the evidences, notes or writynges in his custodye, nor knoweth 
who hath the same. 

To the [fifth] interrogatory] he saith that the John Bleckett, 
in the interrogatory named, came to this examynate to 
Cardewe, to entreat him to derect the s d Bleckett what 
thing was fyttyng for him to begg in lease of his lord the 
Bushope of Carlyle. And this examinate moved him to gett a 
tythe in lease about Carlyle. And did aske him withall 
whether he did knowe such a booke as is menconed in this 
interrogatorye. And moved him to entreat a sight of that 
book, because that this examynate did think that j^t did conserne 
his estate, in this, viz., whether the mannor of Cardewe, in the 
parishe of Dalstoun, was reported in the coppie of the Kinges 
grant menconed in that book mayd to the said sea of Carlele, to 
be parcell of the mannor of Dalstoune, yea or no. And the 
said Bleckett told this examynate that those bookes were in his 
maysters custodye. Wherupon this examynate resorted to the 
records about London, and fyndyng their the said charter upon 
record, their appeared nott in the same any report of the 
mannor of Cardewe nor of any landes within the same did 
belong to the sea of Carlyle. And that from the Kinges 
records this examynate hath his information and that the landes 
in question is held of the Kinge & nott of the plaintiff nor of 
the sea of Carlyle. 

To the [sixth] interrogatory] he saith that he doth nott 
remember that the said Warrick did shewe to this examynate 
any evidences that this examynate knoweth to belong to the 
sea of Carlyll. Butt this examynate did advise the said p[ar]son 
Warrwick & afterward the said plaintiff him selfe, and was a 
meane that the plaintiff attayned dyvers evidences w ch belonged 
to the said sea from the handes of John May, sonn to the late 
John Maye, Bushope of Carlile, amongst w h was that Rowle in 
parchment in the said interrogatory menscond, w ch never came 
to this examjnates handes sythenc the same was delivered to the 
said plaintiff. And that the copies w h he tooke was notes to lead 
him, this examynate, to the records them selfs about London, 
which when he had found to be agreable to his evydenc, this 
examynate no further estemed of the said notes, butt disposed 
them to other uses as he thinketh was lawfull for him to do. 
And some copies he hath from the said records remaynyng in 

The First Historian of Cumberland 21 

or nere London as any subiect for their money may have at 

there pleasures, w ch copies were taken sync his answere putt in 

to the plaintiffs bill of complaint. And for the evidences of the 

said John Burden, this examynate saith that he receyved them j Jm Burden. 

from his father, in whose handes he had sene them fortye yeares 

ago, and came to this examynate as of right, after the descease of 

his father, whose heire he is, w ch evidences he showed both to the 

plaintiff and also to John Dudley at a court holden at Dalstoun. 

Which John Burden is reported by the said evidences to be 

lord of the mannor of Cardewe with the appurtenances, and 

lykewise of the landes in Cardewe w * 1 were John Pantryes, 

who had them of the gifte of John Hawton, Bushope of Carlile, 

w ch held the same of the King as appeareth by recordes about 

London, and to hold in capitie in fee and nott as parcell of his 

sea of Carlile. To w^ 1 John Burden this examynate is heire 

de facto et de sanguine of all his landes in Cardewe & the 

mannor of Cardewe. 1 

1 Document in the diocesan registry of Carlisle. It is a pleasure as 
well as a duty to thank the Lord Bishop of Carlisle and Mr. A. N. 
Bowman, his courteous registrar, for permission and facilities to 
consult the diocesan archives. 

Chronicle of Lanercost 1 

ON the feast of S. Barnabas the Apostle 2 there happened a 
memorable instance of the untrustworthiness of the Welsh. 
While my lord King Edward was besieging with a great 
army the lofty castle of Edinburgh, huge machines for 
casting stones having been set all round it, and after he had 
violently battered the castle buildings for the space of three days 
and nights with the discharge of seven score and eighteen stones, 
on the eve of the festival named, he chose a certain Welshman, 
his swiftest runner, whom he reckoned most trustworthy, com- 
mitted to him many letters and, having provided him with 
money, ordered him to make his way to London with the 
utmost dispatch. This man was named Lewyn (as befitted his 
fate 8 ), which in English is pronounced Lefwyn. Now, going 
straight to the tavern, he spent in gluttony all that he had 
received for travelling expenses. Early on the morning of the 
vigil, being Sunday, 4 he made himself a laughing-stock to the 
English by ordering his comrade to carry his shield before him, 
declaring that he was not going to leave the place before he had 
made an assault upon the garrison of the castle. Presenting 
himself, therefore, with a balista before the gates, he cried upon 
the wall guard to let down a rope to him, so that, having been 
admitted in that manner, he might reveal to them all the secrets 
of their enemy. The constable of the castle, as he informed me, 
was taking the air when this rascal intruder was brought before 
him, holding out in his hand the case with the royal letters. 

* Behold, my lord,' said he, * the secrets of the King of 
England ; examine them and see. Give me also part of the 

1 See Scottish Historical Review, vi. 13, 174, 281, 383; vii. 56, 160, 271, 377. 

2 nth June. 

3 There is here some play on the name which is not apparent to modern wits. 

4 Mane diei ./fr/r literally < early on the feast day,' but as S. Barnabas's day fell 
on a Monday in that year, we must read * Early on the morning of the vigil.' 


Chronicle of Lanercost 23 

wall to defend, and see whether I know how to shoot with a 

But when the others would have opened the letters, their 
commander forbade them to do so, and straightway, standing 
on a high place, called loudly to men passing that they were 
to make known in the king's court that one of their deserters 
had proposed to those within [the castle] that they should 
perpetrate a deceit, to which he [the constable] absolutely 
declined to consent for honour's sake. 

Sir John le Despenser attended at once to this announce- 
ment, and to him the traitor was lowered 1 on a rope, with 
the letters intact, and the manner of his [Lewyn's] capture was 
explained to the king when he got out of bed. Now that 
prince greatly delighted in honesty. *I gratefully declare to 
God,' quoth he, * that the fidelity of that honourable man has 
overcome me. Give orders that henceforth no man attempt to 
inflict injury upon the besieged, and that no machine cast a stone 
against them.' 

Thus the king's wrath was soothed, for he had previously 
vowed that they should all be put to death. So sleep came to 
the eyelids of those who had watched for three days, many of 
them having vowed that, for security, they would so continue 
while alive. On the morrow, by the royal indulgence, the 
besieged sent messengers to King John [Balliol] who was 
staying at Forfar, explaining their condition and demanding 
assistance. But he [John] being unable to relieve them, gave 
leave to each man to provide for his own safety. 

But let me not be silent about the punishment of the afore- 
said traitor, Lewyn. He was taken, tried, drawn and hanged 
on a regular gibbet constructed for his crime. This tale I 
have inserted here in order that wise men may avoid the 
friendship of deceivers. 

Pending the report of the messengers, King Edward raised 
the siege and marched with a small force to Stirling, where he 
found the castle evacuated for fear of him, the keys hanging 
above the open doors, and the prisoners imploring his mercy, 
whom he immediately ordered to be set at liberty. And so, in 
the king's absence, after fifteen days' siege, the Maidens' Castle 2 
was surrendered into the hands of Sir John le Despenser, a place 
whereof it is nowhere recorded in the most ancient annals that it 

1 Demittimur in Stevenson's edition, probably a clerical error for demittitur. 

2 Castrum Puellarum, one of the names for Edinburgh. 

24 Sir Herbert Maxwell, Bart. 

had ever been captured before, owing to its height and strength. 
It was called Edwynesburgh of old after its founder, King Edwyn, 
who, it is said, placed his seven daughters therein for safety. 

Now when it had been laid down by the Scots to their king 
[John] that he was neither to offer battle nor accept peace, but 
that he should keep in hiding by constant flight, King Edward, 
on the other hand, strengthened his resolve that neither the 
ocean should bear him [John] away, nor the hills and woods 
hide him. Rather than that, having him surrounded by land 
and sea at Kincardine, he compelled him to come to Montrose, 
subject to King Edward's will and judgment. There he re- 
nounced his kingly right, and, having experience of dishonest 
counsellors, submitted to the perpetual loss both of his royal 
honour in Scotland and of his paternal estates in England. For, 
having been sent to London with his only son, he led an honour- 
able, but retired life, satisfied with the funds allotted to him from 
the king's exchequer. By divine ordinance these things were 
accomplished on the morrow of the translation of S. Thomas the 
Martyr, 1 in retribution for the crime of Hugh de Morville, from 
whom that witless creature 2 [John] was descended; for just as 
he [Morville] put S. Thomas to death, so thereafter there was 
not one of his posterity who was not deprived either of his 
personal dignity or of his landed property. 

Also on the same day 3 fell the anniversary of my lord, 
Alexander, 4 formerly King of Scotland, who descended from 
the other daughter of the illustrious Earl David, besides 
whom there proceeded from that sister no legitimate progeny 
of the royal seed to her King Edward, 5 who alone after William 
the Bastard became monarch of the whole island. It is clear 
that this succession to Scotland [came] not so much by right 
of conquest or forfeiture as by nearness of blood to S. Margaret 
whose daughter, Matilda, Henry the elder, King of England, 
married [and became] heir, as is shown by what is written above. 

1 8th July. 2 Acephalus. 8 8 th July. 

*i.e. Alexander II., who died 8th July, 1249. 

5 Qui ex alter a germanafilia deicendit David illustris comitis, ultra quern non pro- 
cessit ex ilia sorore legitima soboles regalis seminis regi suo Edwardo. It seems im- 
possible to make sense from this passage. Probably something has dropped out 
or become garbled. c The illustrious Earl David ' might either be King David I., 
who was Earl of Northumberland, and reigned in Cumbria and Strathclyde till 
he succeeded his brother, Alexander I., or King David's third son, who was Earl 
of Huntingdon. 

Chronicle of Lanercost 25 

On the same day as the abdication King Edward gave a 
splendid banquet to the nobles and commons ; but inasmuch 
as in this life sorrow is mingled with rejoicing, the king received 
on that day news of the death in Gascony of his brother, my 
lord Edmund, a valiant knight and noble, who was genial and 
merry, generous and pious. It is said that his death was brought 
about by want of means, because he had with him a large body 
of mercenaries and but little ready money. He left two sur- 
viving youths, Thomas and Henry, his sons by the Queen of 
Navarre ; of whom the elder took in marriage with her entire 
inheritance the only daughter of my lord Henry, Earl of Lincoln, 
who then possessed the earldoms of Lancaster and Ferrers in 
right of his father, and those of Lincoln and Salisbury in right of 
his wife. 

About the same time there came an astonishing and unpre- 
cedented flood in the Seine at Paris, probably a presage of things 
to come, such as is described above as having happened in the 
Tweed. 1 For of a sudden, while men were not expecting it, and 
were taking their ease in bed, the floods came and the winds blew 
and threw down both the bridges of the city in deep water with 
all upon them, which consisted of the choicer houses, superior 
merchandise and brothels of the costlier class; and, just as in the 
Apocalypse, all this wealth was ruined in a single hour, together 
with its pleasures and luxury, so that the saying of Jeremiah may 
be most aptly applied to them, that the iniquity of the people of 
Paris was greater than the sin of the people of Sodom, which was 
overwhelmed in a moment, nor could they avail to protect it. 2 

It is quite certain that this people had given such offence to 
the Lord that they suffered punishment, not only for their own 
transgression, but because of the corruption of their nation, 
the consequence of whose pride is to undermine obedient faith 
throughout the world. Having the appearance of piety, they 
deny the power thereof ; they make a mockery of the sacraments ; 
they blaspheme with sneers the Word of Life made flesh by a virgin 
mother ; they boast of their iniquity more openly than did Sodom ; 
and, as said by the Apostle Jude, they defile the flesh, they spurn 
authority, and they blaspheme majesty. 3 These things did the 

^p. 273, 274 ante. 

2 History repeated itself in the inundation of Paris during the winter 1909-10. 

3 The severity of the chronicler's censure may be traced to its source in the 
friendly relations between France and Scotland. 

26 Sir Herbert Maxwell, Bart. 

Virgin of virgins, as I consider, intend to avenge terribly she 
who, dwelling between the river banks of that city, has wrought 
so many signs of salvation for that people, especially in quenching 
the fires of hell, wherein no one worthy of her protection remains 
abandoned beyond the ninth day. 

In honour of the Glorious Virgin I will relate what took place 
at an earlier time, in the tenth year of King Edward's reign ; at 
least it was then made manifest, but not yet completed by the 
actual events. Now, that turbulent and distracted nation, I mean 
the Welsh, thinking to wreak their long-standing spite upon the 
English, ever incur severer penalty for their wickedness. Thus 
when led by a certain David, they were endeavouring to kindle mis- 
chief in the realm of King Edward, and to turn his friendliness 
into hostility, that energetic prince [Edward] mustered a force and, 
marching against the enemy at Worcester, commended himself 
and his troops, with many oblations and consecrations, to the 
keeping of the Glorious Virgin. Immediately the Queen of 
Virtues granted the petition of the suppliant, and, appearing 
one night to a cleric named John, of the Church of S. Mary 
of Shrewsbury, as he was sleeping, with her own hand laid 
upon his bosom a closed letter fastened with a seal. Also 
she commanded him * Rise early, and carry for me the letter 
I have given thee to King Edward who is quartered at Wor- 
cester. Thou mayst be sure he will not withhold from thee a 
suitable reward.' 

On awaking he actually found the letter exactly according to the 
vision. He remembered the mission commanded to him, but 
bethought him of his own humble degree and hesitated to take 
the journey. 

The command was repeated to him and a reward was added. 

He had a beloved comrade (a certain cleric J , named de 

Houton, who, being still alive in the Minorite Order, constantly 
describes the course of this incident) to whom he said : 

* I beg that you will bear me company as far as Worcester, for 
I have some business to attend to at the king's court.' 

But, whereas he never mentioned the sacred declaration of the 
Blessed Virgin, his friend refused his request, not being aware 
what reason there was for it. The Virgin, footstool of the Holy 
Trinity, appeared for the third time to her sluggish servant, re- 
proached him for disobedience, and as a punishment for his neglect 
foretold that his death would be soon and sudden. Terrified at 
this, he made his will, appointed executors, charging them to 

Chronicle of Lanercost 27 

forward the heavenly letter with the utmost haste, and then 
expired suddenly. 

Nobody could be found who would dare to present himself to 
the king's notice except an insignificant tailor ; who, however, was 
graciously received by the king, and did not retire with empty 
hands. But when the king, by the hearth in his chamber, had 
mastered the contents of the letter, he knelt thrice, kissing the 
ground and returning thanks to the Glorious Virgin. ' And 
where,' cried he, * is that cleric who brought this dispatch, and 
whom the Virgin's word commends to me ? ' 

The substitute having informed him that the messenger was 
dead, the king was much grieved. As to what the Queen of 
Glory promised to him, he was not fully informed, except this, 
that then and ever after he should successfully prevail over his 
enemies ; and from that day to this he has observed a solemn fast 
on bread and water every Saturday, through love of his protectress. 
Moreover, he began to build in London a costly and sumptuous 
church in praise of the same Mother of God, which is not yet 

But let me return to my theme. After the abdication of John 
de Balliol, as has been described, King Edward caused it to be 
announced that, throughout his progress, no man should plunder 
or burn, and further, that a fair price should be paid for all neces- 
sary supplies. He marched forward into Mar to the merchant 
town of Aberdeen, where some cunning messengers of the King 
of the French, detained in some port, were taken and brought 
into the king's presence, having many duplicate letters addressed to 
the King of Scots as well as to his nobles. Although he [King 
Edward] would have paid them out for their guile, he restrained 
those who would do violence to these men, and, having restored 
to them the letters which had been discovered, he sent them by 
rapid stages to the neighbourhood of London, that they might see 
and converse with the king of whom they were in search, and 
telling him what they had found, might return by another way 
to the country whence they came. 

With kingly courage, he [King Edward] pressed forward into 
the region of the unstable inhabitants of Moray, whither you will 
not find in the ancient records that any one had penetrated since 
Arthur. His purpose was to explore with scattered troops the 
hills and woods and steep crags which the natives are accustomed 
to count on as strongholds. With what piety and frugality he 
performed all these things, let his pardons, condescensions, 

28 Sir Herbert Maxwell, Bart. 

bounties and festivals testify. Having brought all that land into 
subjection he returned to Berwick on the octave of the Assump- 
tion l where the homage of the people of Alban 2 was repeated to 
my lord the King of England and his son and successor ; also it 
was renewed again by a charter with all the seals of the nobles, 
which remains confirmed by a solemn oath made in touching two 
pieces of the Lord's cross. But that ceremony of swearing, not 
being imbued by the faith of those who performed it, was worth- 
less to them, as their open acts made manifest in the following 

Now something very pleasing to our people took place through 
the aid of the Glorious Virgin on the day after the Assumption. 3 
After the men of the Cinque Ports had conveyed some knights 
and foot-soldiers bound for Gascony, they encountered on the high 
sea three hundred vessels bound from Spain to France with much 
valuable cargo. Our people, who had but four score vessels, 
attacked them and put them all to flight, capturing out of that 
fleet eight and twenty ships and three galleys. In one of the 
galleys they found sixty score hogsheads of wine. In celebration, 
therefore, of that victory accorded them by God, they forwarded 
part of the wine to the knights campaigning in Gascony, bringing 
the rest to London for consecration, whereof my informant drank 
some, a man of truthful conversation and learned in religion. 
Events of this kind ought to be plainly described to those who 
delight in vanities, and, having no experience of heavenly matters, 
lightly esteem intercourse with the higher powers. For few may 
be found in our age who deserve to share the sweetness of divine 
revelation, not because of God's parsimony, but because of the 
sluggishness of the spiritual sense. 

Now in this year there happened to a certain holy virgin, 
long consecrated to the life of an anchorite, a revelation which 
ought not to be passed over in silence. In the district of Shrews- 
bury, about six miles from the town, there dwelleth that holy 
woman, Emma by name, who is accustomed to receive visits from 
holy men ; and at the festival of S. Francis * (which is observed 
rather on account of the merit of the, saint than of the Order itself, 
whose dress she weareth), on the vigil of the saint she admitted 
two friars of that order to hospitality. At midnight, the hour 
when the friars are accustomed to sing praises to God, the holy 

1 22nd August. 2 /.*. Scotland. 

3 1 6th August. 4 1 6th July. 

Chronicle of Lanercost 29 

woman rose from her bed, remembering in her pious heart 
that on such a feast day a similar obligation lay upon her who 
had become a recluse, and how much honour was shown to the 
saint throughout the divers regions of the world. Kindled in 
spirit by these [thoughts], she called her handmaid and told her 
to bring a lamp for the morning praise. The lamp having been 
brought and placed twice upon the altar of the oratory, a sudden 
gust extinguished it, so that not a spark of light remained. Now 
the patron of that church is the Herald of Christ and more than a 
prophet, 1 to whom the recluse was bound by more than common 
love, and, as will be shown presently, had experienced much 
intimacy with the friend of Christ. Therefore, while she was 
wondering why her lamp should be extinguished, she beheld a 
ray of heavenly light coming through the window of his oratory, 
which was next the church, which, surpassing the radiance of the 
sun, beautified with a heavenly lustre the features of her maidens, 
who lay in a distant part of the house, notwithstanding that the 
maidens themselves were weeping because of the abundance of the 
celestial illumination. The Prior 1 came in that he might bear 
witness about the light, so that all men might believe through him. 
The lamp was burning, shedding light and reassuring the 
astonished woman. 'Behold,' said he, ' thou wilt presently have 
a mass.' That saint, as often as he appeared to this handmaid of 
Christ, held in his hand a roll as a token and badge of his office, 
wherein was contained in order the holy gospel of God ' In the 
beginning was the Word.' 

After the declaration of the Baptist there followed immediately 
such a transcendent radiance as would rather have stunned than 
stimulated human senses, had they not been sustained by grace ; 
in which [radiance] appeared, with a wonderful fragrance, the 
Mother of Eternal Light, environed by a brilliant tabernacle, in 
token, as I suppose, that He who created her would find rest in 
her tabernacle ; and four of the Minorite Order bore her company 
in her propitious advent, of whom the chief was S. Antony, an 
illustrious preacher of the Word, and with him were three others, 
natives of England, famed either by their lives or by their wisdom. 

The Queen of the World took her place, as was proper, over 
the holy altar of the choir ; the others prepared themselves to 
perform the mass. Then S. Antony led off in vestments of 
indescribable [richness], and the others sang with such marvellous 
sweetness and thrilling melody, that many blameless persons in 

1 S. John the Baptist. 

30 Sir Herbert Maxwell, Bart. 

a distant part of the town wondered at the harmony, not knowing 
whence it came. 

Now the introitus of the mass was this, pronounced in a loud 
voice * Thou art the King of Glory, O Christ ! ' and what 
follows, as far as Te ergo quis famulis and subveni quos pretioso, 
et caetera. The woman remembered that this was thrice repeated, 
but the collect and epistle and the other parts of the mass she 
could not so well recollect. And when she asked what were the 
names of these persons, and inquired of the holy Baptist why 
S. Francis was not present, she received this answer * Upon this 
his festival he himself has to intercede with God for numerous 
persons who are invoking him as a new saint, therefore he was 
unable to come on this occasion.' 

At the time of preparing the sacred mystery in the aforesaid 
mass, S. Antony elevated the Host with great dignity and 
honour, whereat the holy Virgin 1 prostrated herself with the 
others devoutly and low. At the close of the office, the Queen 
of Mercy descended gently to the sister, 2 and comforted her 
with heavenly converse and confidences, besides touching her 
beads 3 with her blessed hand. But whereas those who die in 
the sweet odour of Christ may be reckoned unhappy above all 
others, while some ignorant persons may cavil at the divine 
revelations accorded to this humble woman, to show what a 
slander this is against the Lord, the forerunner of Christ said 
as he departed : ' Inquire of those who sneer at divine bene- 
factions whether the Evil Spirit can perform such sacred 
mysteries, and rouse the friars who are slumbering here, to 
whose senses thou mayest exhibit the light wherewith we have 
purified this dwelling.' 

The. holy woman immediately performed his bidding, and 
and from the third cockcrow almost until the morning light 
they [the friars] beheld with their eyes the whole interior of 
the church illumined with celestial radiance. One of them, 
desiring to know the source of this light, looked through the 
window of the church, and saw what seemed to be a burning 
torch before the image of the blessed Baptist, who was the herald 
of Eternal Light. 

1 will relate something else that happened to this holy soul, 
worth listening to, in manner as 1 heard it from those to whom 

: It is not clear whether the reference is to the Mother of God or to 
Emma herself. 

2 Ad sponsam. 8 Numerafia devotionts. 

Chronicle of Lanercost 31 

she related it. While she was yet very young and a novice in 
the discipline of Christ, she still sometimes experienced carnal 
impulses, and was deluded by tricks of the devil ; yet she could 
not be overcome, because she always had the Forerunner of the 
Lord as a guardian against the wiles of the Deceiver. Accord- 
ingly when she lay sick with a pain in her side, it happened that 
John the Saint of God foretold that the serpent would appear to 
her in disguise, and he placed in her mouth an exorcism which 
should dispel the illusion. No sooner had the saint departed, 
than Satan appeared without delay in the guise of a certain 
physician, announced his profession and promised a speedy cure. 
' But how,' said he, c can I be certain about the nature of your 
ailment ? Allow me to lay my hand on the seat of your pain.' 

The maiden persisted in declining these and other persuasions, 
and exclaimed : * Thou dost not deceive me, oh Lord of Iniquity 1 
wherefore I adjure thee by that sacred saying of the gospel ( the 
Word became flesh ' that thou inform me who are the men 
who hinder thee most.' 'The Minorites,' said he. When she 
asked him the reason he replied 'Because when we strive to 
fix arrows in the breasts of mortals they either frustrate us 
entirely by their opposition, or else we hardly hit our mark.' 
Then said she ' You have darts ? ' * Undoubtedly,' quoth he, 
'[darts] of ignorance, and concupiscence and malice, which we 
employ against men, so that they may either fail in their actions, 
or go wholly to the bad, or conceive envy of the righteous/ 
Then she said ' In virtue of the Word referred to, tell me how 
much the said proclamation of the gospel hindereth your work.' 
Then the Enemy, groaning heavily, replied ' Woe is me that I 
came here to-day ! The Word about which thou inquirest is 
so puissant that all of us must bow the knee when we hear it, 
nor are we able afterwards to apply our poison in that place.' 

Since mention has been made here of the protection of S. 
Francis being faithfully invoked, I will allude here to two in- 
cidents which took place in Berwick, about three years before 
the destruction of that town. That same city was formerly so- 
populous and busy that it might well be called a second Alexan- 
dria, its wealth being the sea and the waters its defence. In 
those days the citizens, having become very powerful and devoted 
to God, used to spend liberally in charity ; among other [objects] 
out of love and reverence they were willing to provide for the 
Order of S. Francis, and alloted a certain yearly sum of money 
from the common chest for the honourable celebration of every 

32 Sir Herbert Maxwell, Bart. 

festival of the blessed Francis, and further for the provision 
of clothing for the poor friars dwelling in their city, whereby 
they fulfilled the double object of charity, and of performing 
devout service to the saint who began life as a trader, 1 expecting 
that even in the present [life] greater profits from trading would 
be the result of their costly piety. Nor did their conjecture play 
them false nor their hope deceive them, seeing how they in- 
creased in riches ; until, as [the hour of] their expulsion drew 
nigh, they were persuaded by the suggestion of certain persons 
of corrupt mind (who became the source of calamity, not only 
to these citizens, but indeed to their whole country) first to 
diminish their accustomed charity and then to reduce it by one 
half. But whereas Sir John Gray, knight as well as burgess, 
who had departed this life many years before, was the promoter 
of this charity, God warned the populace of their imminent 
danger in manner following. 

In the year preceding the Scottish war there appeared unto 
Thomas Hugtoun, a younger son of the said knight, the vision 
of his father, lately deceased, among the bands of holy friars in a 
certain abode of delight, and similar in carriage and dress to the 
rest of the Minorites. And, while he recognised the figure of his 
father but marvelled because of the change in his condition, the 
following reply was made to his perplexed meditations. ' Thou 
marvellest, my son, because thou never didst hitherto behold me 
attired in the dress of the Minorites ; yet thou must learn hereby 
that I am numbered by God among those in whose society I have 
taken most delight. Go thou, therefore, instead of me to our 
neighbours in Berwick, and summon them publicly on behalf of 
God to revive and restore that charitable fund which I had begun 
to expend in honour of the blessed Father Francis ; otherwise, 
they shall speedily experience, not only the decay of their worldly 
possessions, but also the dishonour of their bodies.' 

Roused from his sleep, Thomas immediately described to his 
townspeople the revelation made to him, urging them to mend 
their ways. As they paid no heed to him, events followed in 
order confirming the vision ; for first their trade declined, and 
then the sword raged among them. 

Something else happened testifying to cause and effect and to 
the honour of the saint. One of these burgesses, deploring the 
disrespect paid to the saint, offered to provide at his own expense, 

1 Ex mercatore converse. S. Francis was the son of an Italian merchant trading 
with France, whence the son's name, Francesco. 

Chronicle of Lanercost 33 

the things necessary for the saint's festival ; which thing he had 
no sooner undertaken than he was struck with a grievous malady 
affecting his whole body, pronounced by all the physicians to be 
incurable. Then the friars having persuaded him to put his trust 
in the saint and to hope for recovery, he directed that he should 
immediately have all the limbs of his body measured in honour 
of the saint, and in less time than it takes to tell it, he sat up 
healed, complaining of nothing except a headache. 'And no 
wonder ! ' exclaimed his wife, smiling, ' for his head is the only 
part of him we left unmeasured.' The line having been 
applied again, immediately he was freed from all pain. The 
same individual, being delivered a second time, is in good 
health at the present time, while his fellow-citizens were cut 
in pieces by the sword ; and all this through the merits of 
S. Francis. 1 

On the morrow of the Epiphany 2 the clergy assembled in 
London to hold council upon the answer to be returned to my 
lord the king, who had imposed a tax of seven pence upon the 
personality of laymen, while from the clergy he demanded twelve 
pence in the form of a subsidy ; which was agreed to reluctantly, 
the clergy declaring that, while they would freely submit to the 
royal will, they dared not transgress the papal instruction. 3 And 
thus all the private property and granaries of the Archbishop of 
Canterbury were confiscated by the king's authority, even to the 
palfreys reserved for the primate's riding ; to all of which this 
virtuous man patiently submitted. Also, all ecclesiastics were 
deprived of the king's protection, and all their movables given 
over to the hands of laymen. Yet was this inconsiderate action 
speedily checked by the hand of God ; for there occurred two 
calamities on the vigil of the Purification,* [namely] a defeat of 
our people in Gascony, where Sir John de Saint-John 6 and very 
many others of our countrymen were captured ; also stores pro- 
vided for them, and shipped, were sunk in mid-ocean. When 

1 See under the year 1285 for another instance of the cure by measuring for 
S. Francis. 

2 yth January. 

*i.e. the Bull of zgth Feb., 1295-6 Clericoi la'tcos. The papal sanction was 
required for any tax upon the clergy. 

4 1st February. 

5 The King's Lieutenant of Aquitaine. The actual date of his capture was 28th 
January. He was released after the treaty of 1'Aumone in 1 299. 


34 Sir Herbert Maxwell, Bart. 

this news was published, bringing much matter of grief to king 
and country, a certain just, grey haired man, drawing conclusion 
from a similar event, told me what I repeat here. 

' In the time,' said he, ' of Henry the father of Edward, when 
something similar had been executed in ecclesiastical affairs 
throughout the province, on pretext of aid to those who, resisting 
the affection of beloved wives and children, had long before set 
out to rescue the Holy Land from the Saracens, it happened that 
Bishop Robert Grosstete of Lincoln, [a man] beloved of God, was 
to perform solemn ordinations at Huntingdon during Lent. One 
of the Minorite Order, who still survives greatly aged at Don- 
caster, was present there, received ordination, witnessed the 
course of events, and describes what took place in the following 

* After mass was begun,' said he, * and the bishop was seated 
on his throne, he who had to read out the names of those who 
were to be ordained and presented to the bishop, came forward 
with the roll ; and whereas he was very slow in reading out the 
list, the bishop leaned his head upon the side of the seat, and fell 
asleep. Those, however, who were near him, bearing in mind 
his fasting and vigils, interpreted the prelate's repose as an omen ; 
and it was manifest when he awoke how wakeful had been his 
mind during sleep. For after the clergy had waited wondering 
for some time longer, he was gently awakened by a certain 
secretary, and, as he opened his eyes * Eh, God ! ' he exclaimed, 
' what great evils has this extortion from the Church of God en- 
tailed upon the Christians fighting with the Saracens for the rights 
of God. For in my sleep I beheld the overthrow of the Chris- 
tian host at Damietta and the plunder of treasure unjustly 

The confirmation of this oracle followed in a few months, when 
the sad news arrived of the slaughter of my lord J. Longspee and 
others, whereof thou mayst read above. 1 

Thus spake my informant : it is to be feared what may 
happen to funds collected by such pillaging. Nevertheless, the 
king did not abate the tax ; yea, he commanded that inquisition 
be made, so that in whatsoever place, whether occupied by monks 
or other persons, should be found hoards of gold or silver, brass, 

1 See the Chronicle of the year 1 249, where the defeat and capture of S. Louis 
is recorded. In that passage Longespee is called illustris comes de Longa Sfata. 
Excuse for somnolence might have been found in the bishop's advanced age, he 
being then in his 75th year. 

Chronicle of Lanercost 35 

wool, cups, spoons, or other utensils, they should be rendered into 
royal ^ossession by marks and inventory ; all which was after- 
wards carried out on the morrow of S. Mark's day. 1 

Holy Writ saith that ' vain are all men in whom is not the 
wisdom of God ' ; whereof verily the present times afford proof. 
For we know that in these days there hath been found a certain 
member of that ancient and accursed sect the Ambigenses, named 
Galfrid, who led astray many from the faith and hope of salvation, 
as he had learnt from others. For he entered houses and clandes- 
tinely taught about destiny and the constellations, disclosing thefts 
and mischances, so that in the estimation of weak-minded persons 
he was reputed to be something great, whereas in reality, he was a 
most nefarious necromancer. Also he took care to dwell and 
spend his nights apart, and to lie where he could often be heard 
as it were, giving questions and answers to divers persons. He 
used to make light of the doctrine of God and to ridicule the 
sacraments of the church ; for it was ascertained that during six- 
teen years he would neither partake of the Holy Communion nor 
witness it, nor afterwards when he was mortally sick did he even 
deign to be confessed. This wretched man's errors having fre- 
quently been exposed by Holy Church, he was forced to flee 
through divers countries and districts, all men driving him forth, 
even John of Peckham himself, Archbishop of Canterbury, inter- 
dicting him from remaining within the bounds of his diocese, until 
at length he stopped at the monastery of Stone in Staffordshire, 
being received into hiding rather than to hospitality. After he 
had spent his execrable life there for a long time, he fell at length 
into a last illness, and not even then would he cease to cling to the 
devil who appeared to him, or to say 4 Now thinkest thou to 
have me ? or that I will come with thee ? nay verily, for I will by 
no means do so.' But on the day of the Purification of the 
Blessed Virgin 2 this infamous man was being constrained to leave 
the world in deadly torment, when two of the Order of Minorites 
turning aside thither stood beside his bed, urging him beseechingly 
and gently that he would confess, assuring him of the mercy and 
grace of God ; but he persisted in turning a deaf ear to the counsels 
of salvation. And when they perceived by his breathing that 
he must speedily give up the ghost, they cried aloud in his ears, 
bidding him at least invoke the name of the Lord Jesus for the 
sake of mercy. They continued their clamour, persisting in 
shoutings, yet he never fully pronounced that sweet name, but 

1 26th April. 2 2nd February. 

36 Sir Herbert Maxwell, Bart. 

only with his last breath he twice said feebly, ' Miserere ! ' and so 
bade farewell to this life. 

At the beginning of Lent so great was the scarcity in Rome, 
that the citizens, knowing that the stores of the church were laid 
up in the Capitol, broke into the same, and plundered the corn 
and salt which they found, forcing their way in with such violence 
that sixty of them were crushed to death, after the manner of the 
famine of Samaria. 1 And because the Pope appointed a certain 
senator against their will, with one accord they would have set fire 
to the papal palace and attacked the Father of the Church, had it 
not been for the exertions of a certain cardinal, who assuaged their 
madness and caused the Pope to alter his decision. 

On the very day of the Annunciation 2 the council assembled 
again in London [to decide] what they would give freely to 
my lord the king. But certain of the prelates without 
t297 ' the knowledge of the archbishop, had pledged them- 
selves to submit to the secular authority, with whom the Abbot 
of Oseney was implicated. When he had presented himself 
and the archbishop had kissed him, he [the archbishop] was 
informed by the clergy that the abbot, contrary to the will of the 
church, had seceded from the unity of the clergy. The arch- 
bishop therefore called him back and rebuked him, revoking 
the kiss which he had given him in ignorance. He so terrified 
the transgressor by the words of just rebuke that, retiring to 
his lodging in the town, he suffered a failure of the heart ; 
and, while his attendants were preparing a meal, he bade them 
recite to him the miracles of the Glorious Virgin, and departed 
this life before taking any food. There seems to be repeated 
in this man the story of Ananias, who was rebuked by Peter 
for fraud in respect of money. 

Hardly had a period of six months passed since the Scots 3 
had bound themselves by the above-mentioned solemn oath of 
fidelity and subjection to the king of the English, when the 
reviving malice of that perfidious [race] excited their minds to 
fresh sedition. For the bishop of the church in Glasgow, whose 
personal name was Robert Wishart, ever foremost in treason, 
conspired with the Steward of the realm, named James, 4 for a 
new piece of insolence, yea, for a new chapter of ruin. Not 
daring openly to break their pledged faith to the king, they 

Mi. Kings vii. 17. 2 25th March. 3 Albanacti. 

4 Father of Walter Stewart who, by his marriage with Marjory, daughter of 
Robert I, became progenitor of the Stuart dynasty. 

Chronicle of Lanercost 37 

caused a certain bloody man, William Wallace, who had formerly 
been a chief of brigands in Scotland, to revolt against the king 
and assemble the people in his support. So about the Nativity 
of the Glorious Virgin l they began to show themselves in 
rebellion ; and when a great army of England was to be 
assembled against them, the Steward treacherously said to them 
[the English] ' It is not expedient to set in motion so great a 
multitude on account of a single rascal ; send with me a few 
picked men, and I will bring him to you dead or alive.' 

When this had been done and the greater part of the army 
had been dismissed, the Steward brought them to the bridge 
of Stirling, where on the other side of the water the army 
of Scotland was posted. They [the Scots] allowed as many of 
the English to cross the bridge as they could hope to overcome, 
and then, having blocked the bridge, 2 they slaughtered all who 
had crossed over, among whom perished the Treasurer of 
England, Hugh de Cressingham, of whose skin William Wallace 
caused a broad strip to be taken from the head to the heel, to 
make therewith a baldrick for his sword. 3 The Earl of Warenne 
escaped with difficulty and with a small following, so hotly did 
the enemy pursue them. After this the Scots entered Berwick 
and put to death the few English that they found therein ; for the 
town was then without walls, and might be taken as easily by 
English or Scots coming in force. The castle of the town, 
however, was not surrendered on this occasion. 

After these events the Scots entered Northumberland in 
strength, wasting all the land, committing arson, pillage, and 
murder, and advancing almost as far as the town of Newcastle ; 
from which, however, they turned aside and entered the county 
of Carlisle. There they did as they had done in Northumber- 
land, destroying everything, then returned into Northumberland 
to lay waste more completely what they had left at first ; and 
re-entered Scotland on the feast of S. Cecilia, Virgin and Martyr, 4 
without, however, having been able as yet to capture any castle 
either in England or Scotland. 

Now before Lent in that year 5 the earls and barons of 
England prepared themselves for war against the Scots, in the 
absence of the king, who was in Gascony, and came upon them 

1 8th September. 2 Ponte obturato. 

3 Other writers say the skin was cut up into horse-girths. 

4 22nd November. 5 1297-8. 

38 Chronicle of Lanercost 

unawares at Roxburgh Castle, which they were then besieging 
with only a weak force. Being informed of the approach of the 
English, they took to flight at once ; but the earls remained some 
time at Roxburgh, but afterwards with one accord turned aside to 
Berwick and took that town. Howbeit, after the earls had left 
Roxburgh, the Scots came by night and burnt the town, and so 
they did to the town of Haddington, as well as to nearly all the 
chief towns on this side of the Scottish sea, 1 so that the English 
should find no place of refuge in Scotland. Thus the army of 
England was soon compelled to return to England through lack 
of provender, except a small force which was left to guard the 
town of Berwick. 

1 Firth of Forth. 

(To be continued*} 

The History of Divorce in Scotland 

r I \HE variety of divorce laws in the United States is a 
A favourite subject for observation and animadversion. 
Newspaper and magazine writers are fond of pointing out 
that in the State of Washington the Court can grant divorce, 
if satisfied that, for any cause, the parties can no longer live 
together ; that New York has divorce only for adultery ; and 
that South Carolina has no divorce at all. We are apt to 
forget how great is the dissimilarity between the divorce laws 
of England, Ireland, and Scotland. The ignorance of well- 
educated people on the subject is astounding. An English 
squire, university bred, recently asked me why I had been 
made a member of the Royal Commission on Divorce in 
England. ' You know,' he gravely said, * you can't have had 
any experience ; and this Commission is confined to England. 
You have no divorce at all in Scotland. You are like 
Ireland ! ' l 

Consider how important the differences are : First, in England 
and Scotland divorces are granted by courts of law ; in Ireland 
the remedy can be obtained only by Act of Parliament. Second, 
in England divorce is given only for adultery ; in Scotland 
desertion, wilful, without lawful excuse, and so long continued 
as to imply a permanent abandonment of the marital relation, 
is considered sufficient ground for divorce, being thought to 
come equally within the principle enunciated in Shakespeare's 
description of adultery, ' such a deed as, from the body of 
the contract, plucks the very soul.' In Scotland it is con- 
sidered that not only does desertion, like adultery, involve a 

1 A book, elaborate and learned, like that by the late Dr. Luckock, Dean of 
Lichfield, entitled The History of Marriage, Jewish and Christian, In relation to 
divorce and certain forbidden degrees, may furnish one explanation. He discusses 
the laws of the United States and the British Colonies, of Austria, Belgium, 
Denmark, Germany and Switzerland; and he never alludes to the Scotch 
system, which has stood the test of 350 years' experience, under conditions similar 
to those in England. 


40 Lord Guthrie 

breach of an essential condition of the contract, expressed or 
implied in marriage, but that it is a repudiation of all its 
obligations, both towards the deserted spouse and the deserted 
children. If the objects of marriage are companionship and 
the procreation of children, while adultery deteriorates or 
destroys the first, desertion frustrates both. Third, in Scotland 
the sexes are in a position of absolute equality ; in England 
a wife cannot, like a husband, get divorce for adultery only, 
but must prove, in addition to adultery (i) incest, (2) bigamy, (3) 
rape, (4) unnatural crimes, (5) cruelty, or (6) desertion ; a long 
list, which, yet, it is admitted, must be added to, if the principle 
of inequality is to remain. Fourth, in England, however clear 
the adultery of the defendant, the plaintiff, although in no way 
to blame for the defendant's fall, may, in the option of the 
judge, be deprived of his or her remedy, if he or she has been 
guilty of adultery, of unreasonable delay, of cruelty or of 
desertion, however unconnected with the subject of the action. 
This was also the rule in Scotland from the Reformation to the 
end of the seventeenth century ; but, when the point came to be 
contested, it was held by the Commissary Court, apparently on 
grounds of public policy, that recrimination, or mutual guilt, 
however relevant as an answer in a question of separation, was 
no bar to divorce, although affecting patrimonial consequences. 
The intervention of the King's Proctor in England, an official 
unknown in Scotland, is almost always connected with this 
disqualification. If the English were assimilated to the Scots 
law, that office might be abolished, and cases of collusion could 
be left to the Attorney General, as they are dealt with in Scotland 
by the Lord Advocate. Fifth, in Scotland, through the operation 
of what is known as the Poor's Roll, the remedy of divorce 
is available to the poor ; in England, contrary to the manifest 
intention of the 1857 Act, it is open only to those who may 
be called well-to-do. 

There does not appear to be any movement in Ireland for 
conferring divorce jurisdiction on the Courts of that country. 
The Church of Rome, while it nullifies marriage for many causes 
which the Greek Church and all Protestant churches consider 
insufficient, holds that marriage, once validly constituted between 
baptized Christians, whether celebrated by the Church or not, 
is absolutely indissoluble, even by the Pope. The preponderance 
of Catholics in Ireland may be one reason for the acquiescence 
of the people of that country in the present system, which places 

The History of Divorce in Scotland 41 

them in the same position as England occupied before the Divorce 
Act of 1857. 

In Scotland, there is no widespread demand for any substantial 
change in the divorce laws, although there is much opinion in 
favour of certain minor alterations, and some opinion that the 
grounds of divorce should be extended, so as to include some or 
all of the following, namely, (i) habitual cruelty, (2) habitual 
drunkenness, (3) incurable lunacy, and (4) habitual crime, in addi- 
tion to the grounds already existing, namely, adultery and 
desertion. It will be observed that in three of these additional 
cases, as in the cases of adultery and desertion, there is grave 
moral fault ; lunacy often is, but may not be, due to personal 

In England, the Royal Commission, appointed in 1909, is now 
sitting, under the presidency of Lord Gorell, to consider the 
whole subject of the law and practice in matrimonial causes in 
England. While, however, the terms of the Commission are 
general, four main questions appear to be involved, first, as in 
Scotland, should men and women, in matrimonial causes, be put 
on a position of equality ? second^ as in Scotland, should the 
remedy of divorce be made available to the poor, and how can 
this be done ? third, as in Scotland, should desertion be made a 
ground for divorce, in addition to adultery, and, besides adultery 
and desertion, should divorce be obtainable for all or any of the 
four other causes above mentioned ? and fourth, should news- 
papers be allowed, as at present, to publish the prurient details 
of divorce cases, or should publication by them be limited to a 
statement of the names of the parties, the nature of the offence 
charged, and the judgment of the Court ? Being a member 
of that Commission, I shall, of course, confine myself in this 
paper to admitted facts, and state no opinions as to what course 
ought to be recommended by the Commission, or adopted by the 
country, in regard to any of these debatable and much debated 

Manifestly the conditions of the life of the people in Scotland 
are nearer those in England than the conditions in any other 
country. Therefore it is natural that importance should be 
attached to evidence of the actual working in Scotland of laws, 
which are now proposed by some to be enacted for England. 
Have equality of the sexes, access of the poor to the Divorce 
Court, and an additional ground for divorce, namely, desertion, 
produced the rush to the Divorce Court, and the deteriorated 

42 Lord Guthrie 

view of the sanctity of marriage which some predict would be the 
effect, if these practices, existing in Scotland for 350 years, were 
introduced into England ? An enquiry into practice necessarily 
leads to an enquiry into the history of divorce law in Scotland, 
to see when it was introduced, by whom, and on what grounds, 
and whether its operation has been generally accepted as bene- 
ficial by persons of widely different points of view, or whether 
there has been, at one or more periods, serious dissatisfaction 
with it, and proposals for its alteration or abolition. 

Divorce in Scotland is contemporaneous with the Reformation. 
Before 1560, the Ecclesiastical Courts granted permanent separa- 
tions ; and they declared marriages null, not only as now, because 
of nonage, insanity, impotency, prior marriage still subsisting, and 
propinquity of relationship, but on other grounds, such as pre-' 
contract, sponsorship, and relationship to the fourth degree, to 
such an extent that it is declared, in Chapter xiii. of the First Book 
of Discipline, that * the parties conjoined could never be assured in 
conscience, if the Bishops and Prelates list to dissolve the same.' 
But there is no proved case of any departure from the principle 
of marriage being indissoluble. In no known instance did they 
decree divorce, in the sense of dissolution of a marriage, once 
validly contracted, with liberty to remarry. The position is stated 
plainly in Archbishop Hamilton's Catechism, which was published 
shortly before the Reformation (I modernize the spelling) : 

* The bond of matrimony, once lawfully contracted, may not 
be dissolved and loosed again by any divorcement or partising, 
but only it is loosed by the death of the one of them ; for truly 
the partising and divorcing, which Our Saviour says may be done 
by fornication, should be understood only of partising from bed 
and board, and not from the bond of matrimony ; . . . and, in 
the meantime, whosoever marries her, he commits adultery.' 

On the Reformation taking place in 1560, divorce jurisdiction 
for adultery was exercised by the Church Courts of the 
Reformed Church till 1563, and thereafter by the Commissary 
Court from its institution in that year down to 1830, when the 
jurisdiction was transferred to the Court of Session. Later 
statutes assumed the right of divorce for adultery, of which an 
Act, passed in 1563, is an illustration. It has this statement: 
* Also declares that this Act shall in nowise prejudge any party 
to pursue for divorcement for the crimes of adultery before com- 
mitted, according to the law.' But no statute authorising divorce 
for adultery was ever passed by the Scots Parliament, and the 

The History of Divorce in Scotland 43 

right to divorce in Scotland on that ground is still a common 
law right. When, by the Scots Parliament of 1560, the jurisdic- 
tion of the Pope in Scotland was abolished, it was assumed that 
the prohibition of divorce for adultery went with it, as a Romish 
doctrine inconsistent with Scripture. In the First Book of 
Discipline, believed to have been chiefly written by John Knox, 
divorce for adultery is stated to be a remedy open to members of 
the Reformed Church (Laing's Knox, ii. 248). This is the way 
it is put : * Marriage, once lawfully contracted, may not be dis- 
solved at man's pleasure, as our Master Christ Jesus doth witness, 
unless adultery be committed ; which being sufficiently proved in 
the presence of the Civil Magistrate, the innocent, if they so 
require, ought to be pronounced free, and the offender ought to 
suffer death, as God hath commanded.' 1 

The absence of a statute, introducing divorce for adultery in 
Scotland, has a bearing on an old controversy in England. Down 
to the general Divorce Act of 1857, the separate English Divorce 
Acts passed by Parliament were, in practice, only obtained in 
cases of adultery, although, of course, Parliament, if so minded, 
could have passed them for any cause. The parliamentary bills 
were not opposed on the ground that marriage was in its nature 
indissoluble ; they were dealt with on their merits. And, if 
Parliament was satisfied that certain costly preliminaries had been 
gone through in the civil and ecclesiastical courts, and that the 
guilt alleged was established, the bills were passed into Acts. 
But, among jurists, the question has been discussed whether, by 
the law of England, there being no courts empowered to grant 
divorce, marriage must be considered to have been then indis- 
soluble. Dr. Lushington, in his evidence before the Divorce 
Commission which led to the 1857 Act, said 'the law of 
England having provided no Courts which have the power to 
dissolve marriages, it necessarily follows that, by the law of 
England, it must be indissoluble.' Yet Archdeacon Paley, in 
Chapter vii. of his Moral Philosophy, treating of divorce, talks of 
the law of England confining the dissolution of the marriage 
contract to the single case of adultery in the wife. Those who 
maintained the affirmative strongly founded on the absence of 

1 The plain principle was that, if the law of God were carried out, the guilty 
person should be put to death, in which case there could, of course, be no question 
about the right of the innocent spouse to remarry ; but, if God's law were not 
carried out, the innocent spouse ought not to suffer from the State's unfaithfulness 
to God's command. 

44 Lord Guthrie 

any statute authorising divorce. But divorce for adultery has 
been granted in Scotland for 350 years, without any statute 
authorising the remedy. 

Divorce for desertion is in a different position. If it does not 
stand on statute, there is a statute, passed in 1573, authorising 
it. John Knox died in November, 1572. Calvin, Beza, 
Melanchthon, and other Continental Reformers, whom Knox 
knew in France, Germany, and Switzerland, favoured divorce for 
desertion as well as for adultery, being of opinion that the liberty 
of divorce, conceded by St. Paul in the case of a Christian 
husband deserted by a heathen wife, must be equally, if not 
a fortiori, conceded when the deserter is a Christian. But, as 
already mentioned, Knox, in his First Book of Discipline, restricted 
the remedy to the case of adultery, which he, and the Reformers 
generally, both in Britain and the Continent, were agreed in con- 
sidering allowed by Christ. It does not appear whether any 
decrees of divorce for desertion had been granted before the statute 
of 1573. But at least one process, namely, that of the Earl of 
Argyll, Chancellor of Scotland at the time, for divorce on the 
ground of desertion against his wife, Jean Stewart, the Countess 
of Argyll, half-sister of Mary, Queen of Scots (the lady who 
acted as sponsor for Queen Elizabeth at the Catholic baptism 
of James VI.), had been begun before the statute was passed. 
At an interview at Lochleven, Knox agreed, at the request of 
Queen Mary, to endeavour to reconcile her half-sister and the 
Earl. He succeeded for the time, but in the end an action 
was raised and the Earl got his divorce. It may be that the 
statute was thought desirable, because there was doubt as to 
whether divorce for desertion was competent by the then 
common law of Scotland, and also because it was desired, retro- 
spectively, to confirm divorces for desertion which had been 
already granted, as well as to make Argyll certain of his freedom. 
This is suggested by the action of the General Assembly in 
1566. They were asked whether a woman might marry again, 
whose husband had departed from her to other countries, and 
had been absent for nine or ten years ; and they replied that 
she must first produce a sufficient certificate of his death (Book of 
the Universal Kirk, Bannatyne Club, i. 80). 

The same conclusion seems to follow from the action of 
the General Assembly of March, 1573, in connection with the 
Earl of Argyll's proposed divorce. The Assembly arranged with 
the Earl that certain of the Reformed Churches should be consulted 

The History of Divorce in Scotland 45 

* upon his lordship's own expenses,' the Assembly to decide in 
accordance with the opinion thus obtained (Book of the Universal 
Kirk, i. 262). This the Earl seems to have thought better of, and 
to have preferred the speedier and more certain course of getting 
the statute, which was passed in the following month of April. 
The course adopted had the curious result that, when the General 
Assembly met in August, James Paton, the titular Bishop of 
Dunkeld, one of the members of Assembly, was accused { for 
voting in Parliament anent the Act of divorcement lately made, 
in prejudice of the Assembly, who had suspended their judgment 
in this matter till farther advisement ' (Book of the Universal Kirk, 
i. 270). It had also the other curious result, that, in the very 
same month of August, the Earl married Jean Cunningham, 
daughter of the Earl of Glencairn. 

The statute of 1573 runs as follows (modernizing the spelling) : 

* At Holyroodhouse, 30 April, 1573. Anent them that diverts 
from others, being joined of before in lawful marriage. 

* It is found and declared by our Sovereign Lord's, his Regent's 
Grace, the three Estates, and whole body of this present Parlia- 
ment, that, in all time bypast, since the true and Christian religion 
was publicly preached, avowed and established within this Realm, 
namely, since the month of August, the year of God 1560, it has 
been, and in all time coming shall be, lawful that whatsoever 
person or persons, joined in lawful matrimony, husband or wife, 
diverts from other's company, without a reasonable cause alleged 
or deduced before a judge, and remains in their malicious obstinacy 
by the space of four years, and, in the meantime, refuses all privy 
admonition the husband of the wife, or the wife of the husband 
for due adherence [then follow operose provisions for civil and 
ecclesiastical procedure, now abolished by the Conjugal Rights Act 
of 1 86 1 ] the malicious and obstinate defection of the party offender 
to be a sufficient cause of divorce, and the said party offender to 
tyne and lose their tocher et donationes propter nuptias.' 

The statute professes to be declaratory of the law which had 
existed since 1560. The existing records do not enable us to 
know whether this was a correct statement, or whether the 
phrase was inserted to prevent the suspicion that the statute was 
procured by, and passed in the interest of the Earl of Argyll, 
on account of the exigencies of his divorce suit. The entries 
in the General Assembly records, already referred to, for which I 
am indebted to Dr. Hay Fleming, leave the impression that the 
question of divorce for desertion was looked at as difficult, on 

46 Lord Guthrie 

Scriptural grounds, and that, while the statute of 1573 was not 
opposed by the Churchmen, it was sprung upon them between 
the meetings of the General Assembly, in breach of an agreement 
for delay. Lord Fraser, in his Law of Husband and Wife^ volume 
ii. page 1208, calls the Earl of Argyll's action ' the proximate 
cause of the statute.' 

Three suggestions have been made about the Scots law of 
divorce, which require consideration. 

First, that the law originated in political considerations, and 
from motives of public policy, rather than out of regard to the 
teaching of Scripture. In view of the constant appeal to Scripture 
in Reformation days, in matters much less important than marriage 
and divorce, this view would seem difficult to maintain. More- 
over, so far as divorce for adultery is concerned, it is inconsistent 
with the terms of Knox's First Book of Discipline above quoted, and 
so far as divorce for desertion goes, it cannot be reconciled with 
the absence of any protest by the Church against the passing of 
the statute of 1573, and any effort to seek its repeal. It was an 
age when the Church's power was at its height. The Church, 
sometimes asked and sometimes not asked, knew no line between 
ecclesiastical and civil in the active interest it took in legislation. 
Only once is there a possible indication of protest. This is to be 
found in an Act of the General Assembly of 1596, in which there 
are included, among the common corruptions of the Realm, 
4 adulteries, fornications, incest, unlawful marriages and divorce- 
ments allowed by public laws and judges ' (Book of the Universal 
Kirk, iii. 874). Possibly, but not certainly, divorces for desertion 
were referred to by ' unlawful divorcements allowed by public laws 
and judges.' 

Second, it has been suggested that the Scots Reformers and 
legislators did not act on their own independent judgment, but 
blindly accepted the views of the Continental Reformers. This is 
disproved by the remedy being limited in Knox's First Book of 
Discipline to cases of adultery, contrary to the views of most of 
the Continental Reformers, and to the later extension (if it was an 
extension) being restricted to cases of desertion, although many 
Continental Reformers maintained that other causes of grave 
moral fault should also be included. 

Third, it is sometimes hinted, rather than asserted, that the 
result of the change made at the Reformation must have been 
to destroy, or at least to impair, the popular sense in Scotland of 
the permanency of the marriage tie. Surprise has even been 

The History of Divorce in Scotland 47 

expressed how, under the Scots law, marriage can be regarded as 
a permanent contract. This view ignores the fact that divorce is 
a remedy for an abnormal state of matters, arising after marriage, 
which is never contemplated by the parties themselves at the time 
of marriage, and is never alluded to in the marriage service, any 
more than in the marriage contract, if there be one. It is a 
remedy for a position which cannot come into existence, except 
through the voluntary wrong-doing of one of the parties. 
Accordingly, from the Reformation, both Church and State in 
Scotland, in unison with the feeling of the people, have dealt with 
the relation as a permanent one. After the parties accept each 
other as spouses, both Presbyterian ministers and Episcopalian 
clergymen always pronounce the words, ' What (or whom) God 
hath joined together, let not man put asunder.' The permanency 
of the relation between married people is no more impaired by 
the existence of reasonable divorce laws than is the permanency 
of the tenure of ministers, professors, judges and town-clerks by 
the knowledge that, in their deeds of appointment, the words ' ad 
vitam' are followed by ' aut culpam.' In no country is there a 
stronger sense than in Scotland of the sacredness of the marriage 
tie. Divorce may, or may not, be a justifiable remedy for 
grave matrimonial wrong, making it reasonably impossible, in 
the interests of the innocent spouse and the children, that the 
marriage tie should continue. I express no opinion. But 
the case of Scotland proves that its existence and enforcement, 
for desertion as well as for adultery, does not in any way 
deteriorate the public view of the importance and obligations 
of the married relation. It may be added that the Scotch 
statistics of divorce for both causes (which include a certain 
number of cases where the defender, who cannot be found, is, 
in fact, dead), furnish no ground for alarm. In relation to the 
increase of population, they may be called stationary. The 
numbers of divorce cases brought in Scotland from 1898 to 
1908 are as follows : 

1898 153 1904 193 

1899 175 1905 182 

1900 151 1906 174 

1901 171 1907 203 

1902 - 223 1908 201 

1903 - 201 

Lord Fraser's views in reference to Scotland, expressed at page 
1141 of his second volume on Husband and Wife, are still 

48 Lord Guthrie 

applicable : ' The conjugal relation has stood not less but infinitely 
more secure and sacred, since separations a mensa et thoro for 
adultery, which were extremely common under the Popish juris- 
diction, fell into disuse ; and the number of actions for divorce a 
vinculo has, in proportion to that of the population, remained 
nearly the same at all periods since the Commissaries were first 
appointed in 1563 down to the present time.' 

Coming now to post-Reformation times, one observation must 
be made. Except during Cromwell's Protectorate, Scotland has 
had an Established Church ever since the Reformation, or, 
according to some, seven years after it. The Established Church 
was Presbyterian from 1560 (or 1567) to 1610, Episcopalian from 
1610 to 1638, Presbyterian again from 1638 till Cromwell's 
'usurpation,' Episcopalian again from the Restoration in 1660 till 
the Revolution in 1688, and since then Presbyterian. From the 
Established Church there have been secessions, which have them- 
selves suffered internal division. In addition to the Presbyterian 
Establishment and Presbyterian dissent, there has been, since 
the Revolution, a non-established Episcopalian Church, and also 
representatives of those bodies, Independents, Methodists, Baptists, 
Quakers, whose chief strength is in England. Yet no attempt 
has ever been made either within or without the Established 
Church, whatever body was in power, to alter the Scots law, allow- 
ing divorce for adultery and for desertion. No complaint has ever 
been made of the law being contrary to Christian principle, or 
that it tended to weaken the sense of the permanence of the 
marriage tie, or that it prejudicially affected public morality 
in any other way. All sections of Protestants, Presbyterians, 
Episcopalians, Independents, have availed themselves of the 
remedies provided by the law, and in no case has this led to 
ecclesiastical discipline, or to denial of Church privileges, or to 
refusal, on the part of ministers or clergymen to re-marry the 
innocent party. In two respects, the Church, Presbyterian and 
Episcopalian, has co-operated with the State in the administration 
of the divorce laws. Every applicant for admission to the Roll 
of poor litigants after mentioned has to produce a certificate of 
character, etc., and these certificates can only be got from the 
minister and elders of the Established Church of the parish 
to which the applicant belongs. In addition, by an Act of 
1609, the appointment of the judges, who exercised jurisdiction 
in divorce and other matrimonial causes, the judges of the Com- 
missary Court, was vested in the bishops of the Church of 

The History of Divorce in Scotland 49 

Scotland, at that time Episcopal, by whom the patronage was 
regularly dispensed, until the Revolution in 1688, with, of 
course, the exception of the Cromwellian period. 

In the iyth century the whole matter was reconsidered. 
Fortunately or unfortunately, what is called 'John Knox's 
Confession of Faith' of 1560 was superseded by the West- 
minster Confession of Faith, which was adopted by the Scots 
Church in 1647, and ratified by Act of Parliament in 1690 
as part of the * Revolution Settlement.' In that Confession, 
framed by the Westminster Divines, numbering 106, of whom 
only 8 were Scotsmen, Divorce is thus treated : * Chapter XXIV. 
of Marriage and Divorce, Article 5. Adultery or fornication, 
committed after a contract, being detected before marriage, 
giveth just occasion to the innocent party to dissolve that 
contract. In the case of adultery after marriage, it is lawful for 
the innocent party to sue out a divorce, and, after the divorce, to 
marry another, as if the offending party were dead. Article 6. 
Although the corruption of man be such as is apt to study argu- 
ments, unduly to put asunder those whom God hath joined 
together in marriage, yet nothing but adultery, or such wilful 
desertion as can no way be remedied by the Church or Chief 
Magistrate, is cause sufficient of dissolving the bond of marriage ; 
wherein a public and orderly course of proceeding is to be 
observed ; and the persons concerned in it not left to their own 
wills and discretion in their own case.' 

Appended to these articles of the Westminster Confession are 
the proof-texts, from the 5th and I9th chapters of St. Matthew's 
Gospel, and from the Epistles to the Romans and Corinthians, 
usually founded on in support of these views. No reference is 
made to the corresponding passages in the Gospels of St. Mark 
and St. Luke, which, by omitting the exception ' save for fornica- 
tion,' contained in St. Matthew's report of Christ's words, intro- 
duce the Biblical difficulty. 

Reading between the lines, it looks as it Article 5, limiting 
divorce to adultery, had been originally meant to be exhaustive. 
Then seems to have come an amendment to include desertion ; 
and the cautiously expressed Article 6 is added, with this view. 
Article 5 may have been the work of one of the English members, 
and Article 6 an addition proposed by one of the Scotch 
representatives. In the 1560 Confession, divorce was competent, 
but only for adultery. Seventy-four years, favourable experience 
of divorce for desertion as well, had convinced the Scotch 

50 Lord Guthrie 

Church that the new Confession should include desertion, in 
addition to adultery, as sufficient ground for divorce. 

Among Scots writers on divorce the most learned was the 
great Patristic scholar Dr. John Forbes of Corse, born 1593, died 
1648, son of Patrick Forbes, Bishop of Aberdeen. After a 
course of study at Aberdeen, Heidelberg, Sedan, and other 
Continental universities, he was Episcopally ordained, and acted 
as Professor of Divinity at Aberdeen during the Episcopal period. 
Deprived of his professorship through his refusal to sign the 
National Covenant, and exiled to Holland, because he would not 
sign the Solemn League and Covenant, his attachment to 
Episcopacy was shown by the sacrifices he made in its defence. 
His Latin writings gained Forbes a European reputation, and his 
Irenicum amatoribus veritatis et pads in Ecclesia Scoticana was highly 
commended by Archbishop Ussher. In his Theologiae Moralis 
libri decem^ in quibus precepta Decalogi exponuntur, et casus Con- 
scientiae explicantur, which is contained in his collected Latin 
writings, published in two volumes at Amsterdam in 1703, he 
defends divorce for adultery and for desertion, on scriptural 
grounds, and discusses the teaching of Christ and St. Paul, and 
the views of the Fathers, and medieval divines and jurists, with 
ample citation of authority in Greek and Latin (Book VII. chap, 
xiii.). His whole argument is characterized by ability, learning, 
and a rare absence of the odium theologicum. 

The historian, Dr. Gilbert Burnet, Bishop of Salisbury (nephew 
of Sir Archibald Johnston of Warriston, the leader of the so-called 
extreme party among the Presbyterians), was born at Edinburgh 
in 1643. He was minister of Sal ton for four years, and Professor 
of Divinity in Glasgow University for five years, in connection 
with the Episcopal establishment. Burnet's views in favour of 
divorce can scarcely fail to have been influenced by his Scotch 
training, and by his favourable experience of the working of the 
Scots system. He says in his Exposition of the Thirty-nine Articles : 
* The law of nature or of nations seems very clear that adultery, 
at least on the wife's part, should dissolve it. Our Saviour, when 
he blamed the Jews for their frequent divorces, established this 
rule that whosoever puts away his wife, except it be for fornica- 
tion, and shall marry another, committeth adultery, which seems 
to be a plain and full determination that, in the case of fornication, 
he may put her away and marry another. This doctrine of the 
indissolubleness of marriage, even for adultery, was never settled 
in any Council before that of Trent. The canonists and school- 

The History of Divorce in Scotland 51 

men had, indeed generally gone into that opinion. But not only 
Erasmus, but both Cajetan and Catherinus declared themselvee 
for the lawfulness of it. Cajetan, indeed, used a salvo, " in cass 
the Church had otherwise defined," which did not then appear to 
him. So that this is a doctrine very lately settled in the Church 
of Rome. Our Reformers have had prepared a title in the new 
body of the Canon law, which they had digested, allowing marriage 
to the innocent party ; and upon a great occasion there in debate, 
they declared it to be lawful by the law of God. If the opinion, 
that marriage is a sacrament, falls, the conceit of the absolute 
indissolubleness of marriage will fall with it.' 

On certain minor details there was post-Reformation legisla- 
tion. (I do not deal with recent changes in procedure, nor 
with the recent Sheriff Court Act, making actions of separation 
competent in the Sheriff Court.) On the I9th of March, 1600, 
the General Assembly, ' because the marriage of convicted adul- 
terers is a great allurement to married persons to commit the 
said crime, thinking thereby to be separate from their own lawful 
half-marrows, to enjoy the persons with whom they have com- 
mitted adultery,' deemed it expedient * that a supplication be 
given in to the next Convention, craving an Act to be made, 
discharging all marriages of such persons as are convicted of 
adultery, and that the same be ratified in the next Parliament ' 
(Book of the Universal Kirk, Hi. 953). This supplication resulted 
in an Act, passed by Parliament on 1 5th November, 1 600, which, 
it will be observed, is more limited in its application than the 
Assembly contemplated. The Assembly desired prohibition of 
all marriages between ' convicted adulterers ' ; the statute only 
prohibited such marriages when the name of the paramour 
appeared in the decree. In point of fact, the Act has proved a 
dead letter, for, rightly or wrongly, the name of the paramour is 
never, or almost never, inserted in the ultimate decree. The Act 
runs thus: ' yth Parliament of James VI., 1600, chapter 20. 
Anent the marriage of adulterous persons. Our Sovereign Lord, 
with the advice of the Estates of this present Parliament, decerns 
all marriages, to be contracted hereafter by any persons divorced 
for their own crime and fact of adultery from their lawful spouses 
with the persons with whom they are declared by sentence of the 
ordinary judge to have committed the said crime and fact of 
adultery, to be, in all time coming, null and unlawful in them- 
selves, and the succession to be gotten by such unlawful conjunc- 
tions to be unhabile to succeed as heirs to the said parents.' 

52 The History of Divorce in Scotland 

I close with a reference to the Scots system under which, not 
merely in divorce cases, but in all civil suits, those who are 
unable to bring actions at their own charges, can obtain justice 
without expense, except the cost of witnesses, provided only they 
can present a prima facie case. Counsel and agents are provided 
for them, and no Court fees or reporters' fees are charged. This 
system has no real parallel in England, and largely owing to the 
want of it, or of some equivalent, the Divorce Act of 1857 (which 
was passed to enable all persons to obtain divorce who could not 
afford the large expense involved, even in an unopposed case, in 
obtaining an Act of Parliament) has proved a dead letter, so far as 
the poor, or even a class who could scarcely be called poor, are 

Among the old Scots statutes, or, for that matter, the statutes 
of any country or period, there are none showing a stronger sense 
of justice than the Act of James the First of Scotland, passed in 
1424, four hundred and eighty-six years ago, which originated 
the present system in favour of poor litigants. Modernizing 
the spelling, it runs thus : * If there be any poor creature, for 
fault of cunning, or expenses, that cannot nor may not follow 
his cause, the King, for the love of God, shall ordain the Judge, 
before whom the cause shall be determined, to purvey and get 
a leal and wise advocate to follow such poor creature's causes ; 
and, if such causes be obtained, the wronger shall assythe both 
the party skaithed and the advocate's costs and travail.' 


Letters from Francis Kennedy, Abbey hill, to 
Baron Kennedy at Dalquharran, Mayboll 

Relative to the seege of EDINBURGH 1745 

r THHE following letters are the property of Mr. John C. 
A Kennedy of Dunure, to whom the Editor is indebted 
for allowing them to be printed. They had been in the hands 
of Mr. Kennedy's family since they were written. 

Mr. Andrew Lang, who has seen the proof, writes : " The 
author of the letters to Baron Kennedy was a friend of Pickle 
the Spy, who alludes to him in his epistles to English officials. 
As Mr. Francis Kennedy speaks of * The Prince,' not ' The 
Pretender,' it appears that he and Baron Kennedy were not 
enthusiastically Whiggish ; Mr. Kennedy reports favourably 
about the conduct of the Highlanders in and near Edinburgh ; 
and of the military qualities of his Royal Highness. The 
4 french minister' mentioned in the letter of October 19 is 
M. Boyer d'Eguilles, who represented France in the Jacobite 
army. Prince Charles entered England, as he wrote to King 
James, with no belief, or very little, in the Earl Marischal's 
arrival ' with a very great army from France.' ' 

The Editor is indebted to Mr. A. Francis Steuart for the 
following note with regard to Mr. Francis Kennedy, the author 
of these letters. 

" Francis Kennedy of Dunure (the writer of these letters) 
succeeded his two elder brothers, General James Kennedy of 
Dunure, and Thomas Kennedy of Dunure, advocate, a Baron of 
Exchequer in Scotland. The latter died ijth May, 1754 
(leaving a widow, Dame Grizel Kynnymound, who died 3 Feb., 
1758, aged 70), and his brother Francis was served heir special 
in Abbeyhill (whence the letters are dated), with the Manor 
place and Brewery in the Parish of South Leith, 29 Jan., 1762. 
He did not live long after this, as ' Thomas Kennedy of Dunure ' 


54 Letters from Francis Kennedy 

was served heir general ' to his father Francis Kennedy of 
Dunure ' 2 October, 1765. The testament of 'Mrs. Isobel 
Edmonston, relict of Francis Kennedy of Dunure,' was recorded 
at Glasgow, 29 May, 1778." 


To The Honorable Baron Kennedy, 
at his house near Mayboll 

When I wrote to my Dearest Brother on Saturday last, the 
toun of Edin: was in the utmost Consternation from the Castle 
firing down the toun & burning some houses, but as the blockade 
is removed people seem a little eased of their terror & enjoy 
some more quiet than they did last week, however the Castle still 
fyre about the West Port & Grass market & wherever they Spye 
any Highlanders, so that the Innocent Inhabitants very often 
Suffer in going to places within view of the Castle, where there 
may happen at the Same time to be Highlanders, which makes me 
think that it would not be very advisable for you to be at Foul- 
bridge till the Highlanders are quite gone from this, & when that 
may be no body that I see can pretend to tell, most people of 
fashion that are not engaged with the Prince are out of town & 
every body within reach of the Castle have left their houses, tho 
since this last Proclamation its thought they will return to them 

when the Highland Army is gone . Im still Confin'd to the 

house & know nothing of whats passing but from the newspapers 

which Mr A s sends you & what else he can pick up worth 

writing, she & her family are still here not thinking it safe 
to return to her house as yet, All is safe & well hitherto at Foul- 
bridge. I'm still in an undetermined way about my time of leaving 
this, for Mr Monro has ordered me some things to buye to make 
me easy, & save the trouble of undergoing another painfull 
operation which I doubt anything will do. I have sent twice to 
enquire after Miss Cathcart who is very well but out of toun with 
all her Companions in some place of safety in the Country. I beg 
when you see Sir John youl tell him this & make my excuse for 
keeping his house so long, all the family here are well & make 
their Complements to your Lady & you. I beg mine in the 
most affectionate manner & that youl believe me to be ever my 
Dearest Brother with the most dutifull Affection Entirely yours. 

Abbey hill the 8 Sept 1745 

(this letter is doqueted as from Francis Kennedy) 

The Siege of Edinburgh 1745 55 


To The Honorable Baron Kennedy 
at Dalquharran near Mayboll 

Dear Brother 

I got here on Tuesday afternoon very wet & fatigued, 
& found your friends here pretty well considering the Allarms 
& fears every body are in. this will come to you enclosed in a 

letter from Mr A s who is to send you the newspapers by which 

youl see the situation we are in here better than it is possible for 
me to write, his Wife & family left their house on Tuesday 
night & has slept here ever since, & the people in the toun are 
removing their things very fast, the Castle having already thrown 
some bullets into the toun, one of which fell on Mrs Alvey's 
house which made her quit it. she sent back your things to foul- 
bridge thinking them safer there than in the toun. I have been in 
the utmost torture ever since yesterday afternoon by a return of 
my old distemper which has kept me all night from any sleep, so 
that Im not in a Condition to write a longer letter. I hope if I 
was once free of my pain to set out again soon for Dalq: but at 
present Im not able to say any more but to beg my Complements 
& all of this family to your Lady & that youl believe me to be 
ever with the most Dutifull affection Entirely yours 


Abbey hill the 3d Oct 1745 


I wrote to my Dearest Brother a short line on Thursday last 
in very great pain, it is at present not so violent tho Im appre- 
hensive I shall be obliged to undergo such another terrible 
operation as I suffered two years ago, You are happy to be at 
Dalquharran enjoying peace & tranquillity while we are here in a 
state of War, for the Castle is in a manner besieged by the 
Highlanders who expect, as Im told, to oblige it to surrender by 
hindering any provisions to be carryed up to them & the Castle 
for these 4 days past have been fyring all round them upon every 

place where they suspected or saw the Highlanders I dont 

hear that many are killed on either side, but the Castle has burnt 
& beat down houses about Livingstons yeards, the West port, & 
Grass market & the Castle hill towards the north Loch as far 

56 Letters from Francis Kennedy 

down as James's Court & this siege is like to be carryd on till the 
Castle surrenders, so you may judge what kind of situation the 
Inhabitants both of town & Subburbs are in, & how inadviseable 
it is for you to think of coming to toun till things are upon a 
more peaceable footing. I dont hear but the greatest care is 
taken to hinder the Highlanders from committing any disorders, 
& the inhabitants of the toun seem to dread nothing so much as 
there leaving Edin: since they have no magistrates to keep the 
peace & order of the toun when they are gone, they say there are 
some dissentions amongst the officers of the Castle about the 
vigorous orders that came to destroy the toun, some for executing 
them & others preferring to quit their commissions rather than 
do so creul an action, of which last number is Genrl : Guest tho 
he persists as strongly as any to defend it to the last extremity, 
but you will have a more particular account of what is doing from 

A s who is going about to hear what is doing which I cant do. 

he will send you the newspapers which dont come out so regularly 
as usual. Your Gardner was here today in great fears for your 
house because of an allarm he had got that the Highlanders had 
threatened to burn all the houses without the west port for 
assisting the soldiers that sallied from the Castle to take some of 
the people that were lodged in Livingstons yeard to prevent 
carrying up provisions to the Castle, but as I dont believe they 
will be allowed to do any such thing, I desired him to keep at 
home with the maid & keep the doors shut & if any Highlanders 
should come to offer any disorder to show them the P s pro- 
tection which your neice got & sent out there before I came here. 
Lord Kilkerran's house has also a protection which Mrs Murray 
got for it, & several other Government people have the same to 
preent the disorders that wrong headed people might be ready to 

committ, & which Im told the P is very desirous to prevent. 

I can hear nothing of Newton so that probably he has gone home 
again, all your old Hay is carryd away, there came a message 
here on Wednesday from Lord Elcho to Lady Wallace telling her 
that he must have your hay for the Prince's use which he would 
not take before acquainting her. Smith came afterwards to me 
to know what he must do. 1 told him if the person that came for 
the hay showed him orders from Lord Elcho, to deliver it but not 
otherwise & I doubt if they stay long here the other stack will 
go the same way. in these troublesome times we must be content 
to make the best composition we can. all the family here desire to 
make their Complements to your Lady & you. I beg the same & 

The Siege of Edinburgh 1745 57 

that you'l believe me to be my Dearest Brother ever with a most 
dutifull affection Entirely yours FK. 

Abbey hill the 5 Oct 1745 


Im told that the P is so hardy & Vigilant that he is like 

to kill the most robust Highlander, he lys every night in a tent 
no better than the poorest soldier, gos frequently thro his camp 
to see that the men have their necessarys rightly provided for 
them, in order to give an Example to his officers which they are 
not so ready to follow as their Interest, now they have gone so 
far, should oblige them to. 

I have just now received My Dearest Brothers letter of the 
6 Oct : by the Carryer & am sorry to see by it that none of the 
3 letters I wrote was come to your hand. It is true 1 got to toun 
on Tuesday but so wet and fatigued with the journey that I was 
not able to put pen to paper to write to you that night, next day 
I was seized with a return of my old distemper & have been 
mostly Confined to the house ever since. I wrote you a short line 
on the Thursday, a longer one on Saturday & another on Tuesday 

thereafter, all which I sent to Mr A s to enclose to you with 

the news papers & what other news he could pick up, which he 
told me he forwarded duly, so that I hope before now you have 
got them, I therein told you that your neice had got a protection 
for your house immediately upon the Highlan Armys coming 
here which was better than having any Highlanders to protect it 
while it was within reach of the Castle since they fired at all of 
them they saw, so that your house & everything in it is safe, no 
body could tell me anything about Newton so that I believe he 
went out of toun before I came to it. I told you in my former 
letters how improper & even dangerous it was- for you to come 
to toun while the Castle was blockaded, they have retired the 
blockade & given over Im told any thought of taking the Castle 
since it endangered so much the inhabitants of the toun, & are 
come to a resolution on both sides not to fyre but at those that 
attack them, so that things are in a more peaceable way than they 
were last week & people think that the Army will remove from 
this as soon as all their body of highlanders & others are come 
here, but how peaceable and safe the toun & subburbs will be after 
they are gone is a question I dont yet hear is resolved, so that I 
believe it will be best to suspend your journey till you hear the 

58 Letters from Francis Kennedy 

Army is gone & know what footing people are upon in this place 
as to preserving the peace & order of the toun. I was not able 
to write to you last night because I had the operation performed 
yesterday upon my posteriors, I hope in God it will free me of 
any more pain of that kind for the future. I have heard no 
manner of news but what we get from the papers which Mr 

A s tells me he sends you duly as they come out, which is 

not so regular as usual, whenever Im able to ride I purpose to 
set out for Dalquharran. All your friends here are well & desire 
their Complements to your Lady & you. I beg to make mine to 
her in the most affectionate manner & that you'l believe me to be 
my Dearest Brother ever with a most dutifull affection Entirely 
yours FK 

This letter, in the way Im in, has you may easily believe been 
no easy task. 

Friday Oct the 1 1 1 745 

I received only this morning My Dearest Brothers letter 
of the 10", & tho' I now put pen to paper to thank you for 
it, yet as Im still confined to the house I know ho more nor 
so much of whats passing as you do at Dalquharran. the folks 
that are in the house with me go as seldom abroad as I do, 
so that whatever storys have been told you or wrote about a 
certain persons aggreaving frequently at a Certain place must 
be false, at least since I have been here so that you need be 
in no uneasiness upon that account. The protection that was 
got for your house has been very sufficient hitherto & I hear 
of no disorders committed on any gentlemans house that had 
them, there has been some hay ordered in from all the 
gentlemans houses near the toun I hear, but I hear of no 
pillaging any where not even at Newliston unless the taking 
of horses or arms be such, which they take every where & 
chuse to take their hay rather from the rich than the 
poor, however if it be true what is told this day that the 
Army is soon to leave this I believe there will be no fear of 
your new stock of hay. I shall send Sam tomorrow with the 
money you ordered for you maid, I hope in a few days to be 
able to venture abroad & as soon as I am able to bear riding 
endeavour to get to Dalq: by easy journeys. I have seen no 

The Siege of Edinburgh 1745 59 

news papers this week for they dont come out as usual. Mrs 
Alves went back to her house yesterday. She will send you 
what news papers come out, which I shall send word to him 
to continue, all the family here are well & desire to offer 
their Complements to your Lady & you, I beg mine to her 
in the most affectionate manner & that you'l believe me to be 
ever with a most dutifull affection 

Entirely yours FK 
Abbey hill the 15 Oct 1745 

Mrs Alves told me your plate was in the Castle & that all 
the other things that were removed out of your house to 
hers are carried back again. 


I wrote to my Dearest Brother on Tuesday last & sent 
it to Mr Alves to forward to you under cover of his frank, 
I have been seldom abroad since tho' I thank God I grow 
better of the ailment, but excessively low spirited, however I 
would fain hope that I shall be able to leave this on munday 
or Tuesday next, but whether to make the journey on 
horseback or to hyre a chaise I have not yet determined, tho' 
I believe I shall be obliged to do the last. Things here seem 
to be in great quietness & its now talked for certain that the 
Prince with his Army will march from this the beginning of 
next week, they say they are all in high spirits & very con- 
fident of success. There is another ship (besides the one that 
brought the french minister) come to a port near Monross 
with more money & arms & some officers, they expect to 
enter England with a body of men superior to any can be 
brought against them, & that Lord Marshall is to land in 
England with a very great army from France, this force 
togeither with the commotions in London & other parts of 
England makes some people think that the dispute will be 
decided without much bloodshed, the others dread the contrary, 
howevr vast numbers of people of all ranks every day flock 
to the Abbey & the number of the Princes friends have 
increased beyond most peoples imagination. I pray God Conduct 
all in the way that may be most for the good of our country. 
I have not yet heard how the toun of Edin: is to be governed 
after the Army leaves it, but as it is not to be expected that 

6o The Siege of Edinburgh 1745 

they will leave any force behind sufficient to guard it against 
the attempts of the garrison of the Castle to regain it, it will 
probably be left to govern itself. I hope none of your new 
hay will be touched & before I leave this I shall desire David 
Smith to carry as much of it out as to fill the loft at Foulbridge. 
I must refer you to the news papers for any other thing, & 
beg to offer my most affectionate Complements to your Lady 
& that you'l believe me to be my Dearest Brother ever with 
a most dutifull affection 

Entirely yours FK 

All this family desire to make their Complements to your 
Lady & you. 

Saturday the 19 Oct: 1745 

Roderick Dhu : his Poetical Pedigree 

ONE indirect result of the study of sources has been to widen 
the canons for legitimate imitation and borrowing, and to 
make critics less eager to shout 'Stop the thief when identities 
of episode or phrase imply a necessity of relationship between 
some part of an author's work and some antecedent performance 
by some one else. There is and has always been a ceaseless 
re-use of poetical idea, method, and idiom. Without it poetry 
would be perilously near to an impossibility. Of course there are 
ways of taking which constitute the conveyance into a theft and 
deny to the plagiarist the license and excuse of an imitator, but 
such distinctions are not the present theme. What is proposed 
here is to illustrate by a fine example from Sir Walter Scott how 
that brave and genial romancer drew his quota of tribute from an 
Elizabethan translator of a sixteenth-century poet, who in his turn 
had made levy upon a Latin classic, who in like wise in his time 
had made Homer his creditor. 

Probably it has occurred to but few, any more than it did to 
me, to turn the searchlight of criticism on the question how Sir 
Walter came by his Roderick Dhu and Fitz James, and their duel, 
always to me a well-remembered and favourite encounter. But 
some time ago, when reading Edward Fairfax's rendering of 
Tasso, my attention was strongly drawn to certain passages in 
that classic of translation, Godfrey of Bulloigne, or The Recoverie of 
Jerusalem, Done into English Heroical Verse by Edward Fairefax, 
Gent., dedicated to Queen Elizabeth in 1600. The result is a 
conclusion indicated by the parallel columns below, showing that 
the English poet-translator, who gave models of harmony to 
Waller, who was ranked with Spenser by Dryden, and who was 
an educative force with the youthful Scott, has an additional claim 
upon poetical literature in respect of his part no small one in 
the framework of the combat between the Saxon and the Gael in 
the Lady of the Lake. 



George Neilson 

The Egyptian Argantet. 

For he was stout of courage, strong of 

Bold was his heart, and restless was his 

Fierce, stern, outrageous, keen as 

sharpened brand. ii. 59. 

[There is an altercation, in which 

Argantes taunts the crusader Tancred 

with reluctance to fight] : 
Yet shalt thou not escape, O conqueror 

Of ladies fair, sharp death to avenge 

that wrong. xix. 3. 

[Tancred answers] : 
The killer of weak women thee defies. 

xix. 5. 

[Tancred, in order to settle matters 
by single combat, conducts Argantes 
through the crusading host to the 
appointed place of duel] : 

And thus defending 'gainst his friends 
his foe 

Through thousand angry weapons safe 
they go. xix. 7. 

[The journey to the place of duel] : 
They left the city, and they left behind 
Godfredo's camp, and far beyond it 

And came where into creeks and bosoms 

A winding hill his corners turned and 

cast ; 

A valley small and shady dale they find 
Amid the mountains steep, so laid and 


Canto V. 

Like the Egyptian, Roderick Dhu, as 
his name implies, was dark. Mention 
is made of his ' sable brow ' (stanza 9). 
His 'dark eye' is named in a variant 
MS. reading of stanza 14. The 
'gloomy, vindictive, arrogant, un- 
daunted' Roderick, to quote a reviewer's 
description approved by Lockhart (note 
to stanza 14), is one in character with 

In a like altercation with Fitzjames 
Roderick holds the latter's ivalour light 

' As that of some vain carpet knight.' 

(st. 14.) 

He had just told him, too, 

* My clansman's blood demands revenge.* 

(st. 14.) 

Compare Roderick's corresponding 
play on the taunt about the head of a 
rebellious clan, etc. (st. 12). It is the 
same retort. 

While not claiming for Tasso or 
Fairfax the splendid picture of * Ben- 
ledi's living side' one of the most 
gorgeous ever achieved by Walter Scott 
or any other poet one may be per- 
mitted to say that the thousand angry 
weapons, stilled by request of Tancred, 
so that he and Argantes alone may try 
their quarrel hilt to hilt, have obvious 
possibilities of relation to the pageant 
of bonnets and spears, lances, axes, and 
brands, of Scott's plaided warriors in 
stanza 9. 

Along a wide and level green (st. 1 1). . . 
The Chief in silence strode before 

(st. 12). .. 
For this is Coilantogle ford. 

(st. ii and 12). 
Observe that in both duels there is a 

Roderick Dhu : his Poetical Pedigree 63 

The Egyptian Argantes. 

As if some theatre or closed place 
Had been for men to fight or beasts to 
chase. xix. 8. 

[This was one of Tasso's numberless 

adaptations from Virgil] : 
Gramineum in campum, quern collibus 

undique curvis 
Cingebant sylvae ; mediaque in valle 

Circus erat. Aeneid, v. 288. 

[The duellists arrive] : 

There stayed the champions both with 

rueful eyes, 

Argantes 'gan the fortress won to view ; 
Tancred his foe withouten shield espies, 
And far away his target therefore threw. 1 

xix. 9. 

[Description of the combat] : 
Tancred of body active was and light, 
Quick, nimble, ready both of hand and 

foot ; 
But higher by the head the Pagan 

Of limbs far greater was, of heart as 

Tancred laid low and traversed in his 

Now to his ward retired, now struck 

Oft with his sword his foe's fierce blows 

he broke, 
And rather chose to ward than bear his 

stroke. xix. n. 

[Throughout this combat Tasso had 
in view Virgil's account of the fight 

Canto V. 

long march of both men, unaccom- 
panied, to the fighting place. 

Each look'd to sun and stream and 

As what they ne'er might see again. 

(st. 14.) 

Ill fared it then with Roderick Dhu 
That on the field his targe he threw. 

(st. 15.) 

Observe that Tancred's generosity is 
the clear suggestion of Roderick's. 

Fitzjames's blade was sword and shield. 
He practised every pass and ward, 
To thrust, to strike, to feint, to guard, 
While less expert, though stronger far, 
The Gael maintained unequal war. 

(st. 15.) 

[Not Roderick thus, though stronger far, 
More tall and more inured to war. 

MS. variant, st. 15]. 

1 With Fairfax's xix. 9 compare the rendering in John Hoole's translation 
referred to infra : 

Here both the warriors stopped ; when pensive grown 
Argantes turned to view the suffering town ; 
Tancred, who saw his foe no buckler wield, 
Straight cast his own at distance on the field. 

6 4 

George Neilson 

The Egyptian Argantes. 

between Dares and Entellus. The 
prototype of Tancred here is Dares, 
that of Argantes is Entellus. 
Ille pedum melior motu fretusque 

Hie membris et mole valens. 

Aeneid, v. 11. 430-1.] 

With a tall ship, so doth a galley fight 
When the still winds stir not the 

unstable main, 
Where this in nimbleness, as that in 

Excels ; that stands, this comes and 

goes again, 
And shifts from prow to poop with 

turnings light. 
Meanwhile the other doth unmoved 

And on her nimble foe, approaching 

Her weighty engines tumbleth down 

from high. xix. 13. 

[Cf. Aeneid, v. 437. Stat gravis 
Entellus, nisuque immotus eodem.] 

[Argantes and Tancred in grips] : 

His sword at last he let hang by the 

And griped his hardy foe in both his 

In his strong arms Tancred caught him 

And thus each other held, and wrapped 

in bands 
With greater might Alcides did not 


The giant Antheus on the Lybian sands. 

xix. 17. 

Such was their wrestling, such their 

shocks and throws, 
That down at once they tumbled both 

to ground. . . 
But the good Prince, his hand more fit 

for blows, 
With his huge weight the Pagan under 

bound. xix. 18. 

Canto V. 

And as firm rock or castle-roof 
Against the wintry shower is proof, 
The foe, invulnerable still, 
Foiled his wild rage by steady skill. 

(st. 15.) 

Roderick, hardly fairly, when Fitz- 
James has offered quarter, springs at 

And lock'd his arms his foeman round. 
Now gallant Saxon hold thine own ! 
No maiden's hand is round thee thrown ! 
That desperate grasp thy frame might 


Through bars of brass and triple steel ! 

(st. 1 6.) 

They tug, they strain, down, down 

they go, 
The Gael above, Fitz James below. 

(st. 1 6.) 

Observe that in both combats the 
combatants get into hand grips, and 
the tall dark man is uppermost when 
the wrestlers fall. 

Roderick Dhu : his Poetical Pedigree 65 


The Egyptian Argantes. 

[Argantes grows desperate] : 

And with fierce change of blows re- 
newed the fray, 

Where rage for skill, horror for art, bore 
sway. xix. 19. 

[Argantes sorely wounded] : 

The purple drops from Tancred's sides 

down railed, 
And from the Pagan ran whole streams 

of blood, 
Wherewith his force grew weak, his 

courage quailed. xix. 20. 

[Tancred asks Argantes to yield] : 
Yield, hardy knight, and chance of war 

or me 
Confess to have subdued thee in this 

fight. 1 

XIX. 21. 

[Argantes at this grew fiercely indignant] : 
And all awaked his fury, rage, and 

And said, 'Dar'st thou of 'vantage speak 

or think, 
Or move Argantes once to yield or 

Use, use thy 'vantage ; thee and fortune 

I scorn, and punish will thy foolish 

pride. xix. 21, 22. 

[Argantes grasps his mighty weapon 

with both hands and strikes a heavy 

blow] : 
His fearful blow he doubled ; but he 

His force in waste, and all his strength 

in vain, 
For Tancred from the blow against him 

'Scaped aside, the stroke fell on the 


Canto V. 

Fierce Roderick felt the fatal drain, 
And shower'd his blows like wintry rain. 

(st. IS-) 

But hate and fury ill supplied 
The stream of life's exhausted tide. 

(st. i 6.) 

No stinted draught, no scanty tide, 
The gushing flood the tartans dyed. 

(st. 15.) 

Cf. also ' fatal drain ' and ' exhausted 
tide,' quotations supra. 

Then yield to Fate, and not to me. 

(st. 13.) 

Dark lightning flash'd from Roderick's 


Soars thy presumption then so high . . 
Homage to name to Roderick Dhu I 
He yields not, he, to man nor Fate? 

(st. 14.) 

Down came the blow ; but in the heath 
The erring blade found bloodless sheath. 

(st. 1 6.) 

Observe that in this, the crisis of each 
combat, the deadliest blow of all falls 
' on the plain ' in the one case, and in 
the other buries itself * in the heath.' 
It is a culminating point of many coin- 
cidences which are certificates of Scott's 
tenacity of recollection, perhaps even 
when he was least aware that his 

1 With Fairfax's xix. 2 1 compare Hoole : 

Yield, dauntless chief, enough thy worth is shown, 
Or me or fortune for thy victor own. 


George Neilson 


The Egyptian Argantes. 

With thine own weight overthrown to 

earth thou went 
Argantes stout, nor could'st thyself 

sustain. 1 xix. 24. 

[Tasso was here partly following 
Virgil's account of the overthrow of 
Entellus. Aeneid, v. 444. But Tasso's 
phrase, e si lancib in disparte, receives a 
more specific rendering in Fairfax's 
* stroke fell on the plain' Scott's ' heath," 
therefore, follows Fairfax's 'plain,' and 
does not connect with Tasso's disparte.~\ 

[A second offer by Tancred] : 

The courteous prince stepped back, and 

Yield thee ' cried ; 
No hurt he proffered him, no blow he 

Meanwhile by stealth the Pagan false 

him gave 
A sudden wound, threatening with 

speeches brave. 

Herewith Tancred furious grew,andsaid, 
'Villain, dost thou my mercy so 

despise?' 2 xix. 25, 26. 

This, it will be noted, was the second 
tender of mercy or quarter made by 

[Tancred, in a later battle, bears his 

shield] : 

. . his heavy, strong, and mighty targe 
That with seven hard bulls' hides was 

surely lined. xx. 86. 

[The shield of sevenfold hide belonged 
to Ajax, but it is needless to urge Tasso's 
debt to Homer or to the Aeneid v. 404-5.] 

Canto V. 

imagination was running in the leash of 
memory. In Tasso and Scott, Argantes 
and Roderick respectively collapse, and 
fall exhausted with the abortive blow. 

Roderick's sword is struck out of his 
hand in the fencing, and Fitzjames a 
second time tenders him quarter. 

* Now yield thee, or by him who made 
The world thy heart's blood dyes my 

blade ! ' 

* Thy threats, thy mercy I defy, 
Let recreant yield who fears to die.' 

(st. 1 6.) 

Thereupon Roderick darts at Fitz- 
james, and the death-wrestle above 
quoted ensues. The whole episode 
varies considerably from that in Tasso, 
in whose work it follows the wrestle. 

Not dissimilar from Tancred's was 
Roderick's discarded targe : 
Whose brazen studs and tough bullhide 
Had death so often dash'd aside. 

(st. 15.) 

1 With Fairfax's xix. 24 compare Hoole : 

A second stroke the haughty pagan try'd ; 
The wary Christian now his purpose spy'd, 
And slipt elusive from the steel aside. 
Thou spent in empty air thy strength in vain, 
Thou fall'st, Argantes ! headlong on the plain. 

2 With Fairfax's xix. 25 compare Hoole : 

Again his hand the courteous victor stay'd ; 
Submit, O chief! preserve thy life (he said). 

Roderick Dhu : his Poetical Pedigree 67 

As regards the use made of Tasso in what may be called the 
scaffolding of the great duel scene between Roderick and Fitz- 
James, it is right to note that Sir Walter has many learned 
annotations and not a few citations of romance in the appendix to 
the Lady of the Lake ; but though in Note 3Y he mentions 
Ariosto, and hints plainly enough a poetical relationship of Fitz- 
James to Zerbino, ' the most interesting hero of the Orlando 
Furioso, he tells no tales about Tasso or Fairfax, and throws out 
no sign of kinship on the part of his own heroes with Argantes 
and Tancred. 1 

In his unfinished autobiography Scott made repeated references 
to Tasso. On leaving school he threw himself into ' irregular 
and miscellaneous ' studies. * Among the valuable acquisitions I 
made about this time,' he says, * was an acquaintance with Tasso's 
Jerusalem Delivered, through the flat medium of Mr. Hoole's 
translation.' Through the same translator he was introduced to 
Ariosto. Not long afterwards he wrote an Essay, in which he 
* weighed Homer against Ariosto,' and gave Ariosto the prefer- 
ence. He set himself to Italian, and we know from many 
passages in his writings in after life that he made skilful use of 
his knowledge of Italian authors, particularly Ariosto. When he 
became acquainted with Fairfax's translation of Tasso does not 
appear exactly, but the folio edition of 1624 is in the library at 
Abbotsford. Fairfax himself is the subject of curious but 
appreciative mention in Scott's Letters on Demonology and Witchcraft^ 
letter viii., in reference to his actively credulous attitude towards 
the occult. Under James VI. and L, that ardent enemy of 
witches and subtle critic of the powers of darkness generally, 
there were of course very many prosecutions. Among them was 
one, happily unsuccessful, which (as Sir Walter records) was 
instigated against six of his neighbours * by a gentleman, a scholar 
of classical taste, and a beautiful poet, being no other than 
Edward Fairfax of Fuyistone in Knaresborough Forest, the 
translator of Tasso's Jerusalem Delivered* 

1 Zerbino, son of the king of Scotland, plays a gallant and considerable part in 
the Orlando Furioso from Book XIII., where Isabella reveals her love of him, on to 
Book XXIV., where in twenty-two stanzas he dies by the magic blade, * Durin- 
dana,' in the hand of the Tartar Mandricard. Scott's footnote (note 3v), above 
cited, mentions that James V. ' is generally considered as the prototype of 
Zerbino,' and calls upon the readers of driosto to give credit * accordingly for the 
amiable features of the prototype reflected in the poetic creation.' The call was 
justified, and Scott himself would have been the last to disclaim a converse 
obligation on the part of his own lovers to another Italian poet. 

68 George Neilson 

The blank verse translation by Hoole, with its formal, full- 
dress eighteenth-century periods, it is difficult to think of as 
stimulating such an imagination as Scott's. It is indeed, as he 
said, a flat medium, whereas not only is Fairfax's version a live 
poem, which Scott admired, but there are some turns in Scott 
where the suggestion of relationship extends to words. The 
* rueful eyes ' of Tasso's combatants (xix. 9) (neither equating 
Tasso's simple epithet sosptso applied to Argantes, nor Hoole' s 
more literal ' pensive grown ') seem to pass almost literally into 
Scott's well-known couplet. The second 'Yield thee' (xix. 25) 
of Tasso in Fairfax is lost in Hoole, but verbally present in Scott. 
And as it was neither in Tasso's own text nor in Hoole's transla- 
tion, but only in Fairfax (xix. 24) that the blow ' fell on the 
plain/ it is most significant of all that at the like crisis Roderick's 
bloodless dagger dies * in the heath.' This be it said, is a most 
uncommon, indeed almost unromantic, terminal blow in a 
chivalric combat. 

The foregoing points, almost all consecutive, common to 
Tasso or Fairfax on the one hand and Scott on the other, may for 
clearness be here noted and numbered. I. The complexion and 
build of Argantes and of Roderick. 2. The altercation and 
Carpet-knight' taunt. 3. Safe conduct by the one to the other 
for the duel. 4. The march to the place. 5. The * rueful ' 
glance of the champions before they begin. 6. One combatant 
with a shield, the other without ; the shield discarded : ' his target 
therefore threw' ; * his targe he threw.' 7. Tancred's lithe, active 
fencing, like Fitzjames's. 8. The strength of Argantes and 
Roderick. 9. Argantes, like Roderick, heavily wounded and 
bleeding. 10. The wrestle ; the grip of Argantes described, like 
the grip of Roderick ; the fall ; Tancred, like Fitz James, below. 

1 1 . A desperate culminating stroke by Argantes, as by Roderick. 

12. The blow falling wide 'on the plain,' 'in the heath.' 13. 
Two separate offers of peace or mercy by Tancred ( c Yield thee ') 
as by Fitzjames. 14. Resentment of Argantes, as of Roderick, 
at the suggestion. 1 5. The abortive blow leaving Argantes and 
Roderick both prostrate. 

So in the page of Scott we can count some of the birthmarks 
of Roderick Dhu, rejoicing the more in our Fairfax and our 
Tasso, perhaps recognising more clearly than before the vivifying 
imagination and realising power of Scott, who indeed borrowed, 
but nobly bettered what he borrowed, at every turn of the well- 
told tale. He poured blood anew into the arteries of the some- 

Roderick Dhu : his Poetical Pedigree 69 

what pallid combatants of the Italian poet. So far does Scott's 
creative sense transcend Tasso's that in this duel Scott almost 
seems to absorb Tasso, and yet give no sign of the fact, so perfect 
is the assimilation, so living are the new figures of romance. The 
rod of the mightier magician has swallowed that of the less, but 
the incorporation remains a glory of Tasso, a proof of the eternal 
affinity of the poets, a beautiful type of imaginative tradition and 
the unity of literature. 


Reviews of Books 

Relations between Scotland and the Low Countries from 1292 till 
1676, with a Calendar of Illustrative Documents. By M. P. Roose- 
boom. Pp. x, 237. Calendar of Documents CCXXXI. With Illus- 
trations. Royal 8vo. The Hague: Martinus Nijhoff. 1910. 155. 

SCOTCH students will welcome this very useful and business-like volume, 
in which some two hundred and thirty pages of a summary of the Staple 
history is followed by another two hundred and thirty pages of documents 
taken from various sources in Holland, Flanders, and Scotland. The 
method is simple, direct, and thoroughly well carried out, and the book 
will be a valuable aid to the history of Scottish commerce. 

Mr. Rooseboom has confined himself within definite limits, and it is 
not in any spirit of criticism that we venture to point them out. His main 
thesis is the course of negotiation in the Netherlands for Staple privileges, 
and there is no attempt to give any account of Scotch trade either as to its 
merchandise or its development. Nor is there any mention of the con- 
temporary settlements of Staplers or Adventurers from England in neigh- 
bouring ports to those chosen by the Scotch. Yet we can hardly doubt 
that the Scotch sale both of wool and cloth must have played a considerable 
part in the commercial conflicts that arose when England in her new 
industrial policy was endeavouring to push her cloth in the Netherlands, 
and as a consequence to limit the supply of wool. The English effort to 
seize the market was in full force at the end of the fifteenth century and 
throughout the sixteenth century, and thus covered the time when the 
Scotch negotiations as to their own Staple town were of the most com- 
plicated kind. These conflicts, and the rise of a powerful class of protected 
manufacturers in England, must have profoundly affected the policy of 
traders as shrewd and active as the Scotch ; and the outline given by Mr. 
Rooseboom's documents will need to be filled up by later students. 

Mr. Rooseboom speaks of a trade with Flanders in raw wool carried 
on by the monks of Melrose and of Scone in the twelfth century. This 
commerce was probably of very early date. For example in the seventh 
century an English noble, Egbert, who had gone on pilgrimage to Ireland 
and there made a vow never to return to his own native land, desired to go 
as apostle to the Frisians, then the chief trading people of the northern 
seas. His project was to sail round Britain and start for Frisia without 


Rooseboom : Scottish Staple in Netherlands 7 1 

touching England, which meant either that he must take a trading ship 
direct from Ireland or start from an Alban port. His proposed voyage, 
and the interest taken by the Northumbrians of that time in the Frisians, 
seems to imply some intercourse with that mercantile and sea-faring people. 
Mr. Rooseboom speaks of a medieval trade in raw wool only between 
Scotland and Flanders, but there was certainly a trade in Scotch cloth in 
the thirteenth century, and probably long before. In 1282 it was ordered 
in Flanders that English cloth should be marked with three crosses, Scotch 
with two, and Irish with one ; and there are other references to Scotch 
trade in the valuable collection which contains this notice Espinas and 
Pirenne^ Recueil de documents de I 'Industrie drapiere en Flandre. Brussels, 
1906 a collection which is not quoted in this book. The absence of 
special mention of cloth in the charters quoted by Mr. Rooseboom does 
not imply that there was no such trade, since they are all drawn up in 
general terms, allowing freedom to merchants and merchandise without 
special description. The few extracts from Acts of Parliament given are 
after 1526, and relate only to the Staple towns. To complete the lessons 
indicated by this book it would be necessary to examine not only statutes, 
but every source which could throw any light upon economical conditions 
in Scotland and on the growth of its industries. 

Mr. Rooseboom's picture of Scotch trade in the Netherlands during the 
sixteenth century shows a world of keenest commercial rivalry. The earlier 
Scotch merchants had their centre at Bruges ; the final effort of Bruges in 
1407 to secure the monopoly of their commerce happened in the same 
year as the grant by Antwerp to the Adventurers of a house in perpetual 
succession. This is one of the many coincidences which do not enter into 
this book, but might throw light on the Netherlands policy. From a 
declining Bruges the trade passed in a few years to Middelburg, and thence 
to Veere, where it was to remain for some two hundred and fifty years. 
Antwerp bid for the Scotch Staple in 1539, offering lavish privileges. 
Middelburg immediately competed with offers as rich and full as those 
of Antwerp, and for the next twenty years kept on renewing its tempta- 
tions to the Scotch merchants. In 1545 Bruges joined in the rivalry to 
secure the coveted Staple, all the towns outbidding one another in offers of 
privileges. But Maximilian of Burgundy distanced them all in his offers 
and secured the continuance of trade in Veere. New negotiations opened 
in 1578 with demands for an honourable and commodious place to be 
appointed for preaching and prayers according to the Scotch religion, and 
that the Scotch should have jurisdiction in criminal cases over all the men 
of their own nation. Everything asked for was given, and Veere again 
secured the monopoly. A new controversy in 1611 between Veere and 
Middelburg for the Scotch Staple was decided again for Veere in 1612 on 
terms of extraordinary liberality for the Scotch. Once only did the Staple 
remove from Veere, when it was carried to Dordrecht in 1 668, only to 
return, after a limited and struggling existence, to Veere in 1675. The 
Scotch may perhaps not have cared for the proximity of the English 
Merchant Adventurers, established at Dordrecht since 1655. 

The keenness of competition shows the wealth and importance which 

72 Rooseboom : Scottish Staple in Netherlands 

attached to the Scotch trade at that time. There is mention of a fleet of 
seventeen ships from Scotland with merchant goods, besides three or four 
hundred persons, merchants and sailors, who had to be provided lodgings 
in free nouses according to contract. A document of the merchant 
burgesses of the Free Royal Boroughs of Scotland and traffickers to the 
Low Countries in 1642 bears four hundred and forty-nine signatures. 
And in 1639 Cunningham, a Scotch merchant at Veere, was able to supply 
the Scottish army with * 12 great brazen cannon, 49982 Ibs. weight of 
cannon-ball, 15673 Ibs. of match, 15416 Ibs. of saltpetre, 6965 swords 
and 52 pairs of pistols ' ; and three years later to send over for the 
subduing of Ireland '6000 muskets, 4000 pikes, 10000 swords, and 10000 
swordbelts.' The trade in Scotch plaids, kerseys, and cloth had so increased 
that two measurers were appointed instead of one. Under James VI. 
weavers were smuggled over from Leyden and Amsterdam to start the 
manufacture in Scotland of the finer kinds of cloth. The Scotch no doubt 
were shrewd bargainers and keen business men. Their community main- 
tained a close connection between theology and trade. The minister 
appointed to the church at Veere had his post and duties as official of the 
Staple ; besides his relations with the elders and deacons, he was a police 
officer under the direction of the Conservator, and as such obliged to 
keep an account of all goods arriving from Scotland, and to collect the 
dues not only for his own stipend but for the Conservator's salary. Scotch 
thrift gave offence on the continent. The inveterate custom of the 
merchants to leave their best garments at home, and travel in their evil 
and worst clothes to the dishonour of Scotland, brought down on them 
an order, repeated in 1529, 1532, and 1565, that if they had not proper 
apparel in the Netherlands the Conservator should have fit clothing made 
for them, and pay himself out of their goods. The merchant was for- 
bidden, too, to carry home his own wares, but must hire some other to do 
it ; and if he bought his meat in the market he might not bring it home 
in his sleeve or on his knife's point. The Scotch trader was evidently 
1 not slothful in business.' 

The result of the union of Scotland and England in 1603 was to 
check the competition of Scotland in the foreign trade by closing her 
independent relations with any foreign country and her power of separate 
commercial legislation. It was in vain that the Scotch towns attempted 
to secure that the Conservator, or supervisor of their trade in the Nether- 
lands, should be elected by the boroughs and not nominated by the 
king, now the king of England. In the course of the next half 
century the Conservator in Veere became more and more a political 
agent of the English king, and scarcely in any sense a representative 
of the Scotch boroughs. The boroughs were even forced to yield 
to the pressure of James in the matter of the ministers banished from 
Scotland for religion's sake, who had taken shelter in the Low Countries, 
where the merchants of Veere were accustomed to provide them with the 
means of living : they agreed to restrain that * impertinent and undutiful 
supply.' It was an uneasy life for traders, pressed on one side by the 
severity of James, who required a testimonial from every passenger or 

Fisher : Frederick William Maitland 73 

merchant taking ship for Scotland that he was a professor of the true 
religion established in Scotland; and on the other side by the military- 
despotism of Spanish generals, who ordered the quartering of soldiers on 
the free houses of the Scotch, whether they were Catholics or not. But 
the financiers of the Netherlands were destined to play a considerable part 
in later English complications. 

It is to be hoped that this book will prove the beginning of new 
researches as to Scotch industry at home, and the intercourse of her people 
with Europe. 


With Frontispiece. Demy 8vo. Cambridge: University Press. 1910. 
55. nett. 

IN a volume of less than 200 pages, Mr. Herbert Fisher has paid an 
admirable tribute to the memory of his distinguished brother-in-law. His 
sketch is perfect in tone and tact, and is written with both rare literary 
felicity, and a restraint that, if anything, is almost excessive. All that Mr. 
Fisher has attempted to do he has accomplished most successfully. He has 
given a most vivid and lifelike sketch of Maitland's singularly brilliant and 
charming personality which, with all its brevity, is yet full enough to give 
even those who have not the advantage of knowing Maitland, a clear, if not 
a very coloured, conception both of his attractiveness and of his greatness. 
He has set forth in order the simple incidents of the scholar's life and career, 
and analysed the chief conclusions of his various books. He has been at 
great pains in making us realise Maitland's point of view, not only in 
relation to the medieval studies in which he won enduring fame, but also 
as regards the very numerous political, academic, and speculative matters in 
which Maitland had a keen interest and decided opinions. 

Altogether, Mr. Fisher has written the model of a scholar's biography. 
It is perhaps the only appreciation of a scholar of our times of which we 
can honestly complain that it is too short. In particular, we wish that Mr. 
Fisher had been able to give us more of Maitland's own letters. The few 
that he has printed have all the charm and vividness of Maitland at his best. 
We could have wished also that Mr. Fisher had been able to add a little to 
his personal touches, and in particular to tell us a little more of Maitland's 
table-talk. There are few scholars who were privileged to enjoy his 
acquaintance who have not derived from their personal intercourse with him 
a fresh stimulus and a new insight into their work. If Maitland did not 
found a school in the sense in which a German or French professor founds 
a school, it is not too much to say that all medieval students who read his 
books, and talked to him about the subject which he knew so well, were in 
a very real sense his disciples. That he did not attempt to found a school, 
is surely to be set down to the ill-health which forced him to consecrate 
his little strength to his individual work, and not to his acquiescence in the 
rather conventional view of the ' climate of an English University ' being 

74 Fisher : Frederick William Maitland 

unfavourable to historical technique, wherein we see the note of the Oxford 
tutor rather than the mind of the Cambridge professor. 

There is only one serious complaint that can be made as regards Mr. 
Fisher's excellent book. It is, we think, to be regretted that he has made 
no attempt to appreciate the permanent contribution which Maitland has 
made to the study of English medieval history. As an expositor of what 
Maitland set out to do, as an analyst of what Maitland thought and wrote, 
Mr. Fisher leaves nothing to be desired. But only in one or two vague 
and general sentences does he aspire to be critical. Maitland was one of 
the greatest scholars that England has ever seen, and probably possessed a 
brighter and keener intellect than any other scholar who, with adequate 
equipment, consecrated his life to unravelling the story of England's early 
history. He was so great a man that he had a right, like Oliver Cromwell, 
to demand of those who would paint his picture that they should paint him 
truly like himself, and * remark all the roughnesses, pimples, warts, and 
everything.' Such a picture of Maitland has not yet been painted. It is 
certainly not to be found either in the undiscriminating eulogy which 
Mr. A. L. Smith printed two years ago, or even in the present more 
balanced volume. It may well have been that Mr. Fisher thought his 
personal connection with Maitland was too close to make him the man to 
do it. It is probable also that such a reasoned appreciation can only come 
from a scholar whose chief life-work, like that of Maitland, is devoted to 
the study and exposition of the unpublished records of the English Middle 
Age. It is not, however, quite an adequate tribute to the memory of a 
very great man to be content with summarising in a few sentences his chief 
published conclusions without indicating the extent to which they are dis- 
putable, or even the extent to which Maitland himself recognised their 
provisional character. For Maitland, like everybody else, had the defects 
of his qualities. Sometimes his temperament drew him, as Mr. Fisher 
himself points out, 'too far on the path of scepticism.' Sometimes his very 
fixed and clear-cut convictions impaired his sympathy, or limited his interest. 
There were whole fields of medieval English history which hardly existed 
for him. Often the very quickness of his intelligence, his extraordinary 
delight in analogies and allusions, the facility with which he would take a 
hint suggested, perhaps, by his reading in quite different fields, led him to 
over emphasis, or to the neglect of the proper qualification of the doctrine 
that he was expounding. 

Thus Mainland's study, let us say, of Dr. Keutgen's learned and 
scholarly work would at once suggest to him the question whether 
there was not something to be said for the * garrison theory ' as a 
possible explanation of the origin of the English borough. Every 
one knows with what brilliant ingenuity he put together the English 
evidence on this subject in Domesday Book and Beyond. There is 
little doubt that he went too far, and he confessed so much in a 
note to Township and Borough, and freely admitted in conversation and 
private correspondence that he was a little shaken in his faith. It is just 
the same with his attractive doctrine that the Domesday manor was the 
unit of geld assessment. To Mr. Fisher now, as to Maitland then, this 

Fisher : Frederick William Maitland 75 

view is rightly ' an ingenious hypothesis,' but it would have been as well to 
add that it is a hypothesis which is regarded as tenable by but few scholars. 
Similarly, as regards Maitland's doctrine that the Domesday hide contained 
1 20 arable acres, we should remember not only the larger hides of the south- 
east, which of course support Maitland's general theory of the nature of 
the Anglo-Saxon settlement, but also the clearly proven small hides of south- 
western Wessex, which can only be properly explained on Maitland's lines 
by the distinction subsequently developed by Prof. Vinogradoff between 
the ' fiscal hide ' and the hide as a unit of land measurement. 

It was clearly not Mr. Fisher's business to elaborate the lines of criticism 
here suggested, but had he even briefly indicated their substance, or had he 
so much as added to his bibliography references to such criticisms of 
Maitland as have been written by Miss Bateson, Mr. Round, and 
Prof. Tait, he would have done something towards indicating those 

* warts and roughnesses ' in Maitland's historical methods which Maitland 
himself would have been the first man to recognise and desire to be recorded. 
Even a man of Maitland's calibre cannot be expected often to attain that 
scientific certainty of demonstration attained in his refutation of the 
doctrine of Stubbs that Roman Canon Law was not recognised as binding 
on the ecclesiastical courts of medieval England. However, Mr. Fisher 
goes much too far when he says that * the case for the legal continuity of 
the church of England was demolished by Maitland,' though he certainly 
destroyed an argument on which many upholders of the doctrine of 

* continuity ' placed very great reliance. Yet we may accept Maitland's 
demonstration, and even give general adherence to the doctrines expressed 
in his wonderful contribution to the Cambridge Modern History without 
quite endorsing Mr. Fisher's judgment that Maitland brought a 
4 thoroughly impartial mind ' to a task which, however unwillingly under- 
taken, he discharged with manifest enjoyment. Mr. Fisher apparently 
holds the quaint conceit that theological detachment is the condition of 
impartiality, as if it might not have its own partisanship, quite as dangerous, 
and nowadays almost as common, as the partisanship of the churches. We 
should not allow our admiration for this great scholar to lead us to regard 
him, as many of us were taught a quarter of a century ago to regard Stubbs, 
as an almost infallible exponent of history from whose judgments and 
methods there could be no appeal. 

It is to be regretted that the book has no index. 

In conclusion, let us thank Mr. Fisher once more for the manner in 
which he has discharged his labour of love. Whatever reason we may have 
to supplement any of his statements, there is absolutely no cause for travers- 
ing them. He may be warmly congratulated in having shewn us and 
that we feel sure he will regard as the real object of his task not only the 
eminence and originality of Maitland, but also the charm and beauty of his 
character, as well as the passionate love of truth, the courage, the heroic 
struggle against disease, the sympathy, and the modesty, of the great man 
who crowded into a short life of broken health more distinguished achieve- 
ment than was attained by any other historian of his generation. 

T. F. TOUT. 

76 Corbett : The Campaign of Trafalgar 

THE CAMPAIGN OF TRAFALGAR. By Julian S. Corbett. Pp. xvi, 473, 
with Charts and Diagrams. 8vo. London : Longmans, Green & Co. 
1910. 1 6s. nett. 

IT is hardly an exaggeration to say that if there had been no battle of 
Trafalgar the naval campaign of 1805 would be very much better under- 
stood than it is. That most people have thoroughly erroneous ideas about 
it is partly because the true relation of the battle to the campaign is not 
grasped, and partly because Nelson's share in the campaign, invested with 
the special interest attaching to his personality, has unduly eclipsed the 
work of other men who, like Barham and Cornwallis, really played greater 
parts. The most conspicuous naval victory gained by England over 
the combined forces of France and Spain, the crowning moment in 
Nelson's career, to some extent the decisive battle of the Napoleonic 
wars, inasmuch as the destruction of the largest portion of his fleet 
made it impossible for Napoleon to revive his schemes for the invasion 
of England, and so drove him to have recourse to the ' Continental 
System' and all that it involved, Trafalgar was nevertheless merely the 
epilogue to the campaign of 1805, so far at least as that had as its 
object the invasion of England. That great project to which Napoleon 
had devoted so much thought and labour only to be countered by his 
less famous opponents with no less ingenuity and a much more accurate 
appreciation of the essentials of naval strategy, had been foiled two months 
before Trafalgar, and it is not that battle but Calder's action of July 22nd 
off the Spanish Finisterre, tactically incomplete though it was, which has the 
best claim to be called the decisive blow of the campaign as far as concerned 
the invasion of England. To students of naval history, these points are 
familiar enough ; but it is to be hoped that Mr. Corbett's admirable account 
of the campaign, told with all his vigour and vividness in narrative and all 
his lucidity in argument and exposition, will do much to make the true 
version of the story more universally recognised. And while Nelson's work 
is in no danger of being undervalued, certainly not by Mr. Corbett, it is high 
time that adequate justice should be done to the even greater services of 
Barham and Cornwallis, to say nothing of lesser men. But this is just what 
Mr. Corbett's study of the campaign does. It goes without saying that he 
has availed himself of the great mass of materials, published and unpublished, 
dealing with the naval side of the campaign, but what is of special value is 
that he has brought the naval events into their true connection with the 
military and the diplomatic, and that the different features of the story are 
arranged in their proper proportion. 

One is accustomed to expect something new in Mr. Corbett's books, not 
merely new facts brought to light by his researches, but new constructions 
put on old facts and new solutions of old puzzles. His wide knowledge, his 
ingenuity and his insight help him to bring fresh light to bear on the most 
familiar points, and it would have been surprising indeed had he not found 
reason to call for a reconsideration of some of the salient features of the 
Trafalgar campaign. His most important new contention is that one should 
not regard the campaign, as one of mere defence against invasion, not as a 
merely naval campaign, but as essentially offensive and closely connected 

Corbett : The Campaign of Trafalgar 77 

with the development of the Third Coalition. Among the schemes 
under discussion by the Allies was included the expulsion of the French 
from Southern Italy by a joint Anglo-Russian force. England's contri- 
bution to this project was the force under Sir James Craig, some 6,000 to 
8,000 strong, which sailed for the Mediterranean early in 1805, and, after 
various perils on the way, an episode well told by Mr. Corbett, ended by 
occupying Sicily on the collapse of the Coalition after Austerlitz and 
maintaining its hold on that island till the conclusion of peace in 1814. 

According to Mr. Corbett this combined action with Russia is the key 
to the events of the year. He regards all Napoleon's plans for a naval 
combination to give him command of the Channel as wholly impracticable 
(p. 15), as a desperate attempt to free himself from the toils Pitt and the 
Czar were weaving round him, in the hope that the threat of an invasion 
would cause England to keep her troops at home and paralyse her proposed 
offensive. This is certainly a view of the case for which there is much to 
be said, but one cannot help feeling that Mr. Corbett goes a little further 
than is quite reasonable. He is much too positive about the hopelessness of 
the invasion to be altogether convincing. Admitting that Napoleon 
failed to grasp the great difficulties of wind and tide and that the 
arrangements for the invasion were never quite completed, still he had 
achieved many of his greatest successes by attempting things which his 
enemies had believed impossible. There is nothing in the version which 
ascribes all the luck to the English, and represents Napoleon's non-success 
as an inexplicable marvel. The chances were certainly very much in our 
favour, but there is a great difference between the ' most unlikely ' and 
the * impossible,' and if we had not had strategists like Barham and 
Cornwallis to direct the operations of a strong and thoroughly efficient 
fleet Napoleon's discomfiture might not have been such a certainty: the 
favourite does not always win. But, quite apart from this there is 
another caution to be urged against accepting in full Mr. Corbett's 
estimate of Craig's expedition. One cannot overlook its numerical 
weakness, even when one allows for its possibilities as an 'amphibious' 
force. Despite Mr. Corbett's comments on it, there is a good deal in 
Napoleon's criticism : ' plans of continental operations based on detach- 
ments of a few thousand men are the plans of pygmies.' The lesson of the 
Seven Years' War is that mere diversions cannot produce any decisive 
effect, there must be something substantial behind ; as Mr. Corbett himself 
has shown their efficacy lies more in the threat than in the perform- 
ance, and a threat with nothing behind it is of a short-lived efficacy. Pitt 
did attempt a true counter-stroke after the abandonment of the invasion, not 
with Craig's little force but with the much larger and equally little-studied 
expedition to the Weser under Cathcart, which was ruined by the pre- 
cipitation of the Czar in fighting prematurely at Austerlitz and by the fatal 
delays and hesitation of Prussia, though it must also be allowed that it would 
have had a better chance had it landed a month earlier. However, while we 
should still regard the foiling of Napoleon's invasion-project as really more 
important than the counter-stroke with Craig's force, Mr. Corbett has 
certainly made out a clear case for his theory that it was this counter- 

78 Corbett : The Campaign of Trafalgar 

stroke which led to the actual battle of Trafalgar. But for the need 
to do something to check this Anglo-Russian attack on Naples, there 
would have been nothing to make the French quit Cadiz and give Nelson 
the chance to bring them to battle. Otherwise they might have remained 
quietly on the defensive in Cadiz, imposing on the English the difficult and 
exhausting task of keeping up a blockade. A passive defensive inside a well- 
protected port was, as Mr. Corbett has shown, the strategical alternative 
which the French always found most effective as a reply to the naval 
supremacy of England, and unless some stroke such as Craig's expedition 
could be struck at a vulnerable point it was bound to produce a deadlock. 

Seeing then how important Sicily was as the key to the diplomatic and 
strategical situation in the Mediterranean, not merely being essential as the 
source of supply for our fleet but providing a point where England might 
have given the Coalition effective aid on land, one criticism often directed 
against Nelson must be modified. He is charged with having left the 
Straits open to Villeneuve through undue over-anxiety for Sicily and Sardinia. 
Mr. Corbett shows that this was in accord with his instructions, and he 
approves of his action in not leaving the position in which he covered those 
islands until he had positive intelligence of Villeneuve's course (p. 60). Yet 
one hardly feels inclined to make quite as light as Mr. Corbett does of the 
risks of leaving the Straits open (p. 55). Of course his whole view is coloured 
by his conviction that there was no serious danger of invasion, and that the 
projected offensive was the more important consideration, but one must 
point out that the special feature which governed the strategical situation 
was the inefficiency of the Allies. Their unreadiness to face a pitched 
battle was the true guarantee against invasion and Nelson's justification for 
leaving the Straits open. Had they been able to face the English on equal 
terms with as good chances of success as the French fleets had between 
1778 and 1783, Nelson's strategy would have been most dangerous, both in 
leaving the Straits open it is a little strained by the way to speak of Nelson 
as having < driven Villeneuve through the Straits' (p. 97) and also in 
returning to Gibraltar from the West Indies instead of making for Brest 
and Ferrol. Mr. Corbett does not discuss the route taken by Nelson at any 
length, but the chart certainly suggests that had Nelson made for either of 
those ports he must have fallen in with Villeneuve on the way. Certainly 
had he not left so many frigates in the Mediterranean he would have had 
a better chance of locating Villeneuve either in the West Indies or in Mid- 
Atlantic. But especially in view of what Mr. Corbett says of the tradition 
of concentrating on the Western Squadron, it does look as if Nelson was 
wrong in making for Gibraltar. It was not for the Mediterranean that 
Villeneuve was likely to be making, but for one of the ports where he 
would find another detachment of the Allied fleet. The return to the 
Straits was taking Nelson well out of the way to do any effective service 
while the crisis was being decided elsewhere. Luckily Villeneuve's fleet 
was not battleworthy enough to beat Calder or to attempt to come up to 
Brest even when re-enforced by the Ferrol ships. It was the inability 
of the Allies to face even weaker forces with any prospect of success 
that was at the root of their failure, though one must remember that 

Corbett : The Campaign of Trafalgar 79 

in discussing attempts at co-operation between a blockaded squadron 
and would-be relievers one must keep clear of the analogy of a besieged 
fortress by land where the relievers can almost always count on the 
garrison co-operating (p. 133). At sea this is not the case. The wind 
that was fair to bring Villeneuve up would keep Ganteaume from coming 
out, and so the separate portions of the Allied fleet would be exposed to 
defeat in detail. And Mr. Corbett makes a good point when he shows 
(pp. 1 80 and 189) how the dangers of opening a port for a short period, as 
Cornwallis did from July I2th to 24th, were not as great as they might 
appear. As he shows (p. 192), even if Ganteaume had ventured to come 
out while Cornwallis was standing to the westward on the chance of meet- 
ing Villeneuve, the chances were all against his escaping disaster if he 
entered the Channel. 

The tradition of concentrating on the Western Squadron is a point of 
which Mr. Corbett makes a good deal. He shows that Orde's action in 
doing this when driven off from Cadiz by Villeneuve, a step somewhat 
vehemently and hastily condemned by Nelson, was not only fully in accord- 
ance with the established rule of the service, but exactly anticipated the orders 
Barham was drafting for him (p. 64). But one cannot follow Mr. Corbett 
in his statement that the blockade of Brest was merely * incidental ' to the 
work of the Western Squadron in * holding the approaches to the Channel/ 
The all-essential task before the Western Squadron was to keep 
Ganteaume well watched and held in check. Ganteaume would not 
come out and fight, he had therefore to be blockaded, and it was largely 
to the efficiency with which the blockade was maintained that the 
impotence of the French fleet for harm was due. It is curious to find 
Mr. Corbett using language which rather belittles the blockade and 
seeming to attach a value to mere positions in themselves, as though 
he were of Jomini's school of strategists. Undoubtedly the control of the 
approaches to the Channel was important, but had Cherbourg been the 
headquarters of the French Atlantic fleet, the Western Squadron would 
not have been found off Ushant. 

The very able defence which Mr. Corbett brings forward for Corn- 
wallis' much criticised division of his fleet on August i6th really seems 
to bring out the fact that where the French squadrons were there was 
the place for the main fleets of the English. The division in question took 
place after Nelson and Calder had fallen back on Cornwallis, at the time 
when Villeneuve was off" Ferrol and was expected to be coming north. 
Admiral Mahan l and Mr. Leyland 2 have condemned Cornwallis for 
dividing his force and sending Calder with twenty of his thirty-eight 
battleships to resume the blockade of Ferrol, arguing that this violated 
the great principle of concentration and risked defeat in detail. Napoleon 
himself called the move 'une insigne be'tise,' and yet Mr. Corbett is 
able to show good cause for approving highly of it. The stroke was 
' well within fair risk of war ' (p. 252). There were plenty of British 

^Influence of Sea Power upon the French Revolution and Empire. 
2 'Blockade of Brest (Navy Records Society). 

80 Corbett : The Campaign of Trafalgar 

cruisers about the Bay Ferrol was never left unwatched and there was 
very little chance of Villeneuve escaping observation or ' playing prisoners' 
base' with Calder and Cornwallis. And had he fallen in with either 
division, would the collection of ships he had with him it cannot be called 
a fl e et have been equal to tackling eighteen or twenty British battleships ? 
Jervis had won St. Vincent against greater odds. Moreover, as has been 
shown, Ganteaume could hardly have been able to take part in an action 
between Cornwallis and Villeneuve. But the great thing was that as long 
as the British fleet was concentrated off Ushant, Villeneuve was free to go 
where he would. To have kept the whole Western Squadron concentrated 
would have been to adopt a mere defensive and to leave the initiative to 
Napoleon, who might have used Villeneuve with effect in the Mediterranean 
(p. 250). The division did not give Villeneuve the interior position ; he 
already was between Cornwallis and the Mediterranean Squadron under 
Collingwood. What the detaching of Calder to the southward did was 
that it deprived Villeneuve of his liberty of action, a very urgent need 
which might well have justified a more risky step. And after all, the 
division was not merely approved by Barham, in making it Cornwallis 
was only anticipating the instructions Barham gave. 

There is much more of which one might write. The praise given to 
Barham is not more than is fully deserved. The account of the battle is 
full of interest and a valuable contribution to its controversies. The charts 
are excellent and a great help to the reader. The attention given to the 
workings of the cruisers is very well bestowed : it enables Mr. Corbett 
to show on what intelligence the Admiralty and the commanders acted 
alhd how it was collected. The record of Allemand's cruises and narrow 
escapes is really astonishing; he, at least, could not complain of his luck. 
Lastly, though one would have preferred not to end a review with a 
criticism, when the book is one of such real interest and value, it seems 
a little too positive to say that the decision to attack Austria was quite 
independent of Villeneuve's failure to reach Brest. It was taken after a 
letter from Decres in which the Minister of Marine expressed his con- 
viction that Villeneuve must have gone to Cadiz (p. 275). The 
admiral's letter of August 3rd had shown that he was contemplating a 
retreat to Cadiz. His non-appearance off Brest may well have led 
Napoleon to leap to a conclusion which M. Desbriere 1 has well described 
as * la merveilleuse intuition montr^e par l'Empereur,' even if, as he adds, 
'jamais decision plus grave ne parait avoir t prise sur des motifs moins 
solides.' Napoleon would not have realised, as a sailor would, that the 
delay might easily be explained by adverse winds; he knew Villeneuve 
was none too confident of himself or his fleet, and he may have realised 
that the admiral not merely had not come but was not coming. Mr. 
Corbett thinks it was on September ist that Napoleon got definite news that 
Villeneuve was in Cadiz; but it was on August 2Qth that he heard of 
Cornwallis dividing his fleet and remarked 'quelle chance a manqude 
Villeneuve,' as though speaking of a thing past. Had he any more 
positive information then than on the 23rd or 24th ? 

1 Trafalgar, p. 112. 

England and the French Revolution 81 

University Studies in Historical and Political Science. Series xxvii., 
Nos. 8-12. By William Thomas Laprade, Ph.D. Pp. 232. 8vo. 
Baltimore: The Johns Hopkins Press. 1909. One dollar. 

MR. LAPRADE has given very careful research to the subject of his 
monograph. He set out meaning to relate the effect of the French 
Revolution on the social and political life of England, but his research 
has led him to the conclusion that the influence of the Revolution in 
social matters was practically //, and that in political matters it did little 
more than serve as a deus ex machina to the political purposes of William 
Pitt. His conclusions are disappointing and lead one to ask, if this be 
all, why not say so in fewer words ? The answer would seem to be that 
Mr. Laprade has in the course of his study become so much interested 
in the politics of English ministers, and especially of their great leader, 
William Pitt, in the years from 1789-1797, that he has found in them 
his real subject. His researches have led him to believe that Pitt and 
his colleagues ' used ' the French Revolution * for their own political 
purposes as a pretext for reviving the old-time struggle with France for 
supremacy in the commercial and in the colonial world.' In other words, 
that they forced a war on France. In adopting this view Mr. Laprade 
separates himself from the accepted historical opinion. He has therefore 
to build up his own theory with elaborate care. English history has 
regarded Pitt as essentially a peace-minister. l His enthusiasm,' says Lord 
Rosebery, 'was all for peace, retrenchment and reform. . . . To no 
human being did war come with such a curse as to Pitt, by none was 
it more hated or shunned,' and what Lord Rosebery has said later his- 
torians have endorsed. Such is not Mr. Laprade's view. Pitt, he 
maintains, incited Holland against France on the question of the opening 
of the Scheldt, broke the commercial treaty of 1786 between France and 
England by his Alien Bill of 1792, refused what Mr. Laprade considers 
a satisfactory explanation by France of the famous decrees which in 
November, 1792, threatened all established governments, and 'cultivated 
the fears' aroused in England by revolutionary societies and seditious 
writings. Finally he 'took advantage' of the execution of the king for 
the action which he expected would force the English to declare war 
'he arranged to hold a meeting of the Privy Council immediately after 
the execution of Louis XVI. that an order might be issued requiring 
Chauvelin to leave England.' One cannot but respect the industry which 
Mr. Laprade has devoted to the working out of his theory, but, un- 
fortunately, in the whole course of his enquiry he writes as if conducting 
a case against Pitt and his colleagues. With the writer's other conclusion, 
'That the uprising in France played but a minor role in the domestic 
history of England,' historians will be less inclined to quarrel. The 
English and Scottish revolutionary societies had little direct permanent 
effect on the life of England, and what they had can hardly be ascribed 
to the French Revolution. It was due rather to the spirit of the time, 
to the influence of the American Revolution, and to the writings of men 
who, like Priestley and Paine, had formed their opinions before the French 


82 Broxap : Great Civil War in Lancashire 

Revolution broke out. Their indirect influence was seen in the repressive 
measures to which the English Government had recourse. The account 
given of these Societies by Mr. Laprade forms the most interesting and 
instructive part of his book. But here again, in taking the side of the 
Societies as against the Government, he is too much inclined to discount 
the dangerous element and to leave untold the inflammatory oratory. 
Contemporary pamphlets quote passages that could not lightly be passed 
over. It must not be forgotten by the historian of the twentieth century 
that the standpoint of the eighteenth century was not and could not be 
ours. The monograph is full of points too detailed to be taken up in 
a short notice, and should be read by those interested in the politics of 
the time. It is furnished with an Index and an ample Bibliography. 


Broxap, M.A. Pp. xv, 226. With Map and Plans. 8vo. Manchester 
University Press. 1910. 73. 6d. nett. 

THIS is a history the compilation of which must have involved much labour 
and research, as the exactitude of detail shewn in it is quite beyond what 
is usually found in similar works. The period to which it relates is a 
difficult one for the historian desiring to give an account of the whole 
struggle between King and Parliament, for it was not a war carried on by 
one leading general, with forces concentrated for one main struggle. 

In many respects it was a war conducted piecemeal in different 
localities, to which the two contending parties in each district of the 
country were allies respectively to those in other parts of the land, and 
gave assistance when able to assist without weakening their own power of 
resistance to their local adversaries. This was markedly the case in 
Lancashire, which was in the war before others joined issue, and remained 
in it till the struggle had waned and died out elsewhere. Lancashire was 
then an unimportant county, with much moor, and isolated by the natural 
configuration of the land from the eastern part. This led to the contest 
being local, though having an important bearing on the whole campaign. 

In Lancashire the struggle was a class one, as indeed it was in degree 
everywhere, but the parliamentarians in that county had to meet the 
powerful royalists who clung to the great county magnate, Lord Derby, 
who drew to himself almost all the then so powerful aristocratic element. 
There was great reluctance in Lancashire to open war, both partisans 
probably realising that when once begun the fight would be bitter and the 
issue doubtful. But once the combatants took the field, there was resolute 
determination on both sides, and there was much of up-and-down in the 
events which followed, and of these the author has given a clear and 
graphic account. His love of accuracy and detail or rather his con- 
scientiousness in working it out to some extent may detract from the 
interest of the book to the general reader, but the lover of history will be 
grateful to him for so full an account of a section of the great war, which 
had a telling influence on the subsequent course of events. For had the 
revolutionists been effectively crushed in Lancashire, as they well might 

Broxap : Great Civil War in Lancashire 83 

have been if generalship had been better on the royalist side than it was, 
the whole course of events might have been affected, either to cause 
prolongation of the royalist resistance, or even failure of their opponents to 
obtain the mastery. 

The opening of the campaign as reported at the time is ludicrously like 
the modern accounts of events in newspapers, where the reporter sees 
what the other reporter for the other side does not see. Lord Strange's 
visit to Manchester for negotiation is reported as a scene of joy, ' acclama- 
tions, bonfires, streets strewed with flowers,' Lord Strange entering unarmed 
in his coach, with only his ordinary attendants. The other side's report 
described his * coming in a warlike manner, attended by many horsemen, 
with cocked pistols and shouts that the town was their own.' It is not 
surprising that on that very afternoon there was crowd and melee, shots 
fired at Lord Strange, a royalist knocked off his horse and his assailant 
killed. This was the lighting of the match that kindled the flame, which 
for years burned fiercely throughout the county. Had Lancashire been left 
to fight its own battles, it is probable the royalists would have crushed 
the opposition, but orders from headquarters caused a large force of 
royalists to be moved elsewhere, with disastrous effects upon their cause. 
Those opposed to the King were not of one mind among themselves, and 
might easily have been overawed into submission had power of forces been 
maintained. Instead of which Strange, in loyal obedience, allowed much 
of his power to be carried off to other parts of the land. 

There is not much interest attaching to the field fights. There were 
few combats that could be called pitched battles. There was much of 
what may be called running fighting. Interest concentrates on the 
sieges. Of these two stand out prominently the siege of the town of 
Manchester, and the siege of Lathom House, the seat of the Derby 
family. The siege of Manchester by the royalists affords a strong illustra- 
tion of the folly of dividing forces, and enabling defenders to meet attacks 
made with too small forces to act rapidly and effectively. The author 
goes into great, perhaps too great, detail in describing this siege, as such 
minute treatment makes the account wearisome to the non-technical 
reader, and there is little of instruction for the soldier. 

The siege of Lathom is a much more interesting episode, as it is full of 
incident, and has the romance attached to it that the defence was con- 
ducted bravely and skilfully under the leadership of a woman, the 
Countess of Derby, a daughter of the Due de Touars, and grand- 
daughter of William the Silent ; a brave woman, whose answer to the 
besiegers is worth recording * Though a woman and a stranger divorced 
from my friends, I am ready to receive your utmost violence, trusting in 
God for protection and deliverance.' 

But her celebrated later answer is historical : * Tell that insolent rebel, 
he shall have neither persons, goods, nor house ; when our strength and 
provision is spent, we shall find a fire more merciful than Rigby, and then, 
if the providence of God prevent it not, my goods and house shall burn in 
his sight ; myself, children, and soldiers, rather than fall into his hands, 
will seal our religion and our loyalty in the same flame.' It is a pleasure to 

84 Records of the Trades House of Glasgow 

know that this brave lady repelled the besiegers successfully till succour 
came. Lathom only fell in a later siege, when the inspiration of the 
Countess no longer upheld the garrison. 

Sufficient has been said to indicate the interest and value of this history. 
It is written in a clear style, and there are many verifying and interesting 
notes from contemporary writings. ] R ^ MACDONALD. 

Edited by Harry Lumsden. Pp. xxvii, 574,410. Glasgow: Printed 
for the Trades House of Glasgow. 1910. 

No obscurity surrounds the origin of the body known as the Trades House 
of Glasgow. A little over three hundred years ago, or to be exact, on 9th 
February, 1605, an award was pronounced by arbiters who had been 
appointed to treat and decide concerning the privileges of the merchants 
and craftsmen within the burgh and the settlement of controversies between 
them ; and by this award, familiarly known as the Letter of Guildry, it 
was provided that there should thenceforth be in the city a dean of guild, a 
deacon convener, and a visitor of maltmen. The deacon convener was to 
be chosen by the town council from a leet presented by the deacons of the 
respective crafts, and when appointed he was directed to convene the whole 
deacons of crafts 'and their assisteris,' as occasion required, and with their 
advice to judge betwixt them in matters pertaining to their crafts and 
callings, and to make acts and statutes for good order amongst them. The 
several deacons and their assistants were at first called the Deacon Con- 
vener's Council, and it is the record of their proceedings down to the year 
1678 which is now published. At the first recorded election of the 
council the deacon convener nominated the whole deacons of crafts, the 
visitor of maltmen, and other nine persons, 'to be his counsellours to 
convein with him and to advyse in all things that sail concerne the glorie 
of God, the weale of this burgh, and their particular weale, nocht hurtand 
the weale of ony wther within this burgh.' As latterly constituted, the 
council consisted of 14 deacons and 40 assistants, making 54 members in 
all. About half a century after it was first formed, the Council began 
to assume the name of the Crafts House or Trades House, by which latter 
it is now invariably designated. 

Though the Glasgow of 1605, with Stockwell Street at its western 
limit and with a population of about 7,000, was inconsiderable when 
viewed from a modern standpoint, it is described in a contemporary docu- 
ment as having then * becum well peopled and hes ane greit traide and 
trafficque,' and it had 'speciall plaice and voice as ane frie citye of the 
kingdome.' There were 213 burgesses of the merchant rank and 363 of 
the trades rank. Only those burgesses who were members of the in- 
corporations were allowed to practise their craft as masters, and their seals 
of cause regulated the employment of journeymen and apprentices. The 
earlier seals of cause always stipulated for contributions to specified altars, 
but subsequent to the Reformation the dues which, as described in one of 
these documents, were 'of old superstitiously bestowed on their blind 

Records of the Trades House of Glasgow 85 

devotions,' were applied towards support of the poor. While the individual 
crafts incorporations were still to continue in charge of their own decayed 
members, the letter of guildry provided for the maintenance of hospitals 
by both merchants and craftsmen for so many of their respective poor. 
The new deacon convener and his council lost no time in purchasing a 
site for their hospital. By the expenditure of 'diveris and greit sowmes 
of money,' the ruinous and decayed hospital at the Stablegreen, founded in 
the beginning of the previous century by Sir Roland Blacader, subdean, 
was procured for the purpose, but within a couple of years that design 
was abandoned, and the manse of the parson of Morebattle was acquired 
and fitted up as the almshouse. The endowments of Blacader's hospital 
appear in the early accounts as the * craftis auld rentall, extending to 
26 93. 4d.,' and a sum of 10 merks was paid 'for translatting of the 
hospitalis fundatioun in Inglische.' The minutes and accounts now printed 
show how the work of starting the new hospital proceeded and how a 
voluntary contribution was collected to meet the expense. Slates were 
carted from the Broomielaw, having probably been brought from Argyll- 
shire in boats, nails were brought from Bannockburn, quarriers were paid 
for stones, 5$. 4d. was paid 'to the wrichtis for aill quhen they began to 
lay the hospitall wark,' and the like sum for other two quarts when they 
finished the job. After the hospital had been set agoing six poor men were 
lodged in it, getting yearly pensions of 48 each besides allowances of 
clothing, ' sarkis ' and ' schoone.' 

In the accounts for the year 1607-8 the gross charge, including 133 of 
borrowed money, a legacy of 3, and 152 contributed by the crafts, 
amounted to 449 Scots, or 37 sterling, a small beginning for an institu- 
tion which to-day has assets valued at 158,261, and an annual revenue 
of 7,895. Successful speculation in land, beginning with the purchase of 
Gorbals in 1650, was one of the chief means by which this wealth was 

With the exception of one or two lost leaves, the first MS. volume of 
records, embracing the period 1678-1713, is complete, and its contents are 
given in full. This is commendable, though it results in the printing of 
much routine matter, such as procedure at the annual elections, reports on 
the yearly accounts, regulations for the contributions leviable from the 
several incorporations, and details as to the investment of funds. Loyal 
support was usually given to schemes having the general welfare of the 
town in view. A sum of 500 was raised for one of the town's ministers, 
contributions were made towards the expense of defending the thirlage 
rights of the city at a critical juncture, the deacons gave money for supplies 
of arms and armour, and assistance was given in carrying out a resolution 
of the town council instructing the removal of stones from Dumbuck ford 
for improving the navigation of the Clyde. An example of the way in 
which the deacon convener's council settled disputes occurs in 1638, when 
seven members of the coopers' incorporation complained that the rule under 
which purchases of imported material ought to be dealt equally to poor and 
rich had been infringed. The council ordered that the deacon of the 
coopers, accompanied by two or three honest men of the calling, should in 

86 Ancient Church Dedications in Scotland 

future purchase such material and divide the same equally among the poor 
and the rich, * without respect of persons,' it being lawful for any poor 
cooper to sell his lot at a profit if he was unable to pay the price. At 
another time the council cordially approved of the proceedings of the 
incorporation of wrights in trying to repress and punish an incorrigible 
member who had * malitiouslie ' called his deacon a 'pendicle.' 

This carefully edited volume, with its valuable information on points of 
local history, commercial and industrial development, has its attractive appear- 
ance enhanced by well-executed facsimiles of portions of the original record. 



By James Murray Mackinlay. Pp. xxiii, 419. Demy 8vo. Edinburgh: 

David Douglas. 1910. I2s. 6d. nett. 

IN a Prefatory Note the author defines the object of this volume as twofold. 
* In the first place, to give some account of the Cathedrals, Parish and 
Collegiate Churches, Chapels, Hospitals, and Monasteries, under the invo- 
cation of saints mentioned in Holy Scripture ; and, in the second place, to 
trace the influence that these saints have had on ecclesiastical festivals, 
usages and symbolism.' 

The result is a catalogue raisonnk which partakes more of the nature of a 
work of reference than of a definite and articulated treatise. There is room 
for an authoritative work on the Consecration of Churches, and it is unfor- 
tunate that Mr. Mackinlay has confined himself to the topographical side of 
his subject. An historical introduction, in which the evolution of the 
subject of Consecration from the early Roman and Gallican rites through 
the legislation of the Medieval Church would have been traced, would have 
added greatly to the interest of his researches. The special field which he 
has chosen offers admirable illustrations of the difficulties which presented 
themselves in every country to the Canon lawyers, and the general rules which 
were framed to meet them throw light on Scottish usages which at first 
sight seem somewhat arbitrary. The conflicting claims of national and 
Roman saints, e.g. y had to be met in many fields. But within his self- 
imposed limits Mr. Mackinlay has dealt adequately with his subject, and the 
material which he has collected has a permanent value for local historians. 


NEWS LETTERS OF 1715-16. Edited by A. Francis Steuart, Advocate. 
Pp. xv, 157. 8vo. Edinburgh: W. & R. Chambers, Ltd. 1910. 
5s. nett. 

AT the time of its occurrence the Jacobite rising of 1715 was allowed to 
pass with small comment, while the offenders were leniently dealt with by 
the reigning powers. Consequently few records were left of the affair, and 
consequently, in turn, historians have said comparatively little on the subject. 
But albeit lacking the romance of the great rising thirty years later, the 
'Fifteen is distinctly an interesting episode, and the mere fact that it has 
been so slightly handled heretofore lends an additional fascination to any 
sidelights thereon. 

Steuart : News Letters of 1715-16 87 

The News Letters now set forth by Mr. A. Francis Steuart are printed 
from originals in the possession of Mr. Charles E. S. Chambers, who 
inherited them from his grandfather, Dr. Robert Chambers, the well-known 
historian. They formerly belonged to Sir Archibald Steuart Denham of 
Coltness, Bart., and it was to him they were addressed from time to time 
during the rising. The writer's own name is not disclosed, but it is 
evident that he was an enthusiastic Whig ; and, though any literary gift is 
conspicuous by its absence from his correspondence, the latter is none the 
less valuable historically because of this limitation. It furnishes accounts, 
of course, of the raising of Mar's standard, of the Jacobites' abortive attempt 
to take Edinburgh Castle, and of the battle of Sheriffmuir ; while ever and 
anon it leads from these highways into less familiar byways, and gives 
information anent various recondite matters. It is useful, in particular, in 
the light it throws on the genesis of the 'Fifteen, and in what it tells of the 
less important parties implicated therein. It shows, moreover, to what a 
large extent mercenaries from Holland and Switzerland were employed to 
quell the rebellious clans, while it illuminates the behaviour of the govern- 
ment troops during their sojourn in Scotland, and the degree of discipline 
maintained amongst them. On this subject the writer gives nothing but 
praise, speaking with marked enthusiasm of the equipment of the soldiers, 
and saying of certain of them : ' I scarse think there is a more showy regi- 
ment in Europe.' Of the insurgent Highlanders he writes less generously, 
describing them as * a crewell enemie ' ; but one can hardly blame him for 
this misconception, for was it not universal at the time, both in England 
and in lowland Scotland ? 

As regards the editor's own part of the book, here and there he is 
inclined to be disappointing. He mentions Sir James Steuart Denham, 
who eventually succeeded to the estate of Sir Archibald, first as a * cadet,' 
and then as a ' relative ' of the latter. Now Sir James is so very interesting 
a figure in history for he practically founded the science of political 
economy that one is naturally anxious to know the precise consanguinity 
between him and the owner of the MSS. The Dictionary of National 
Biography offers no information on this head, so it is a pity that Mr. 
Steuart says nothing, and the same is true of another section. This 
describes attempts to suppress Jacobite plots and plans in and around 
Edinburgh, and it speaks of ' neer catching some ringleaders had been at 
the principall Chainge House at Wrightshowses.' What a pity that Mr. 
Steuart does not give any elucidation on this passage, for one cannot but 
wonder if the writer refers to the ancient ' Golf Tavern,' which overlooks 
Bruntsfield Links to this day. The veteran building was lately demolished, 
but, as its street is still named * Wright's Houses,' one would fain believe 
that the present hostelry is a relic of Jacobite hopes, and that it was here the 
culprits met to drink the health of the king over the water. 

These are infinitesimal matters, however, and in the main the editor has 
done his work excellently. His volume cannot be called indispensable to 
students of Jacobite history, yet it is one which most such will read with 
interest, and will surely care to possess. 


88 Oman : England before the Norman Conquest 

Celtic, Roman, and Anglo-Saxon Periods down to the year 1066. 
By Charles Oman. Pp. xx, 679, with 3 Maps. Demy 8vo. 
London : Methuen & Co., Ltd. IDS. 6d. nett. 

PROFESSOR OMAN'S latest book marks a new stage in the writing 
of Early English history. Within recent years, thanks to the work of 
scholars like Haverfield, Stevenson, Chadwick, and Maitland, the con- 
clusions of older historians have been everywhere undermined, but 
while tentative local reconstructions have been attempted, until the 
appearance of this volume, no general summary of results had been 
made. But now Mr. Oman has given us a book which, without pre- 
tending to any original detailed research of its own, gives the general 
reader a fair statement of the results arrived at by scholarship since J. R. 
Green, and Freeman, and Stubbs wrote their histories. It has not, of 
course, the picturesque style and pious fervour of Green's Making oj 
England and Conquest of England, nor does it surrender so pleasantly to 
the charms of Bede's Ecclesiastical History as Green does in some of his 
best pages. But by way of substitute we have a sane, restrained, and 
scholarly narrative, which attempts little fine writing, and refuses to give 
speculation, however fascinating, where plain fact alone is justified. 

For practically the first time, the general reader is given an account of 
Roman Britain, not merely interesting, but authoritative, and Mr. 
Haverfield's supervision of the Roman sections lends an additional force to 
Mr. Oman's work. In the same way, the grain has been sifted from the 
chaff in Mr. Chadwick's recent highly speculative work, and much of what 
is soundest in that scholar's Origins of the English Nation may be found 
here, related in sober fashion to the main body of Early English history. 

In work demanding so much readjustment and replacement, errors in 
judgment, or unfortunate changes in emphasis were to be looked for the 
more naturally because Mr. Oman owes no special allegiance to this period. 
But, on the whole, he must receive praise as an extraordinarily skilful 
improvvisatore. His earlier pages, on Celtic Britain, show more difficulty, 
are less certain in their information, than the rest of the book. The 
rather culpable neglect to mention, in any adequate way, Early English 
literature, coupled with a little slip in a reference to Beowulf (on page 
403, where Hygelac appears as Beowulf's elder brother) suggests either 
that he does not know, or that he does not care, for one important 
aspect of his subject. The chapters on ecclesiastical history, while 
moderately comprehensive, hardly do justice to the church in Ireland 
and lona. And, to bring the ungrateful task of fault-finding to an end, 
while Mr. Oman's caution in social and constitutional reconstruction is 
admirable, it has, in two instances at least, made him inadequate as a 
substitute for Stubbs or Freeman. The pages which deal with the early 
English monarchy (352-358) are hardly illuminating, and in no sense do 
justice to the most important of all Mr. Chadwick's contributions to 
early constitutional history ; and distinctly too little has been made of 
Maitland's Domesday Book and Beyond, more especially with reference to 
the origins of feudalism. 

Oman : England before the Norman Conquest 89 

But when all has been said, the book stands out as a sound and 
authoritative account of the most difficult period in British history. 
Considering how few Mr. Oman's opportunities for picturesque narrative 
have been, compared with those allowed by earlier canons of scholarship 
to writers like J. R. Green, the book is wonderfully interesting, and 
proves once more how unusual a gift its author has for popularising the 
researches of more plodding minds. As a populariser, Mr. Oman cannot 
expect to have the easy power of the great scholars, whose work he is 
assisting to supersede ; for, with all his faults, J. R. Green's knowledge 
of, and sympathy with, Anglo-Saxon England, gave all he wrote on his 
subject an air of distinction ; and the virile understanding and profound 
learning of Dr. Stubbs made even his errors in Early English history 
profitable. One naturally expects to find history interpreted more narrowly 
where the resources of the writer are restricted. But, after all, the 
comparison is unfair ; and as a text-book, or accessible account of the 
period, the volume takes a distinct place of its own. 

One peculiarly pleasing feature in Mr. Oman's work must receive 
some recognition. His field of inquiry is one, famous of old for acrid 
controversy, and scholars of name have lost their tempers and their 
manners over the very issues discussed in these pages. But even where the 
conclusions of earlier scholars had to be set aside, Mr. Oman has done 
it without an unfair reflection, and not even the suggestion of personal 

The book is provided with an adequate index, but it is hardly possible to 
praise the system (or confusion of systems) on which modern and ancient 
place-names are allotted in the three maps at the end of the volume. 



With twenty-four illustrations. The Antiquary's Books. Pp. xx, 290. 
Demy 8vo. London : Methuen & Co., Ltd. 1910. 75. 6d. nett. 
THERE was no need for a well-informed antiquary like Dr. Cox to make 
an apology for undertaking a book on the parish registers of England, for 
few men living are better equipped by knowledge and experience for the 
task. Nor can it be said that such a book is outside the scope of the series 
of which the author is editor, and to which he has already rendered 
valuable service. The various branches of English antiquities com- 
prehended in * The Antiquary's Books,' so far as the scheme has been 
accomplished, have been treated in such a scholarly and popular way that 
the volumes may be regarded as indispensable to the working student as 
well as the general reader. The latest contribution to the series is worthy 
of high rank among the volumes already published. 

Dr. Cox has entered the lists in competition with some eminent pioneers 
in the same field, and we do not think that his claim for respectful con- 
sideration has been strengthened by a half-hearted appreciation of the 
labours of some of his predecessors. It would have been better if he had 
frankly stated that each of the previous manuals had a value and individu- 
ality of its own. Workers on parish registers owe too great a debt to- 

90 Cox : The Parish Registers of England 

Ralph Bigland, Somerset Herald, who published his observations so long ago 
as 1764, and to John Southerden Burn, who wrote on parish registers in 
1829, to forget how much help they had received from a perusal of their 
pages. If the successors of these pioneers have produced more trustworthy 
and comprehensive compilations, much was no doubt due to the work 
already done, and to the greater opportunities which have arisen in recent 
years by the printing of so many registers in various parts of the country. 
Despite the praiseworthy efforts of Mr. Chester Waters, carried on in a 
spirit that almost amounted to heroism, and when every recognition for 
painstaking research and accurate knowledge is accorded to Mr. Meredyth 
Burke and Dr. Cox for their respective contributions to the history of 
parish registers, one cannot help feeling that Bigland and Burn will hold 
honourable niches among them, and that students will turn to their pages 
on some points where the others have failed to give the required guidance. 

The importance of some record like a parish register of baptisms, 
marriages, and burials had been long felt before Thomas Cromwell, the 
famous minister of Henry VIIL, brought the institution into being in 
1538. In vain have we looked in Dr. Cox's pages for a discussion of the 
forerunners of the parish register in England. Perhaps the author believed 
that ' there were no snakes in Iceland.' Anyhow we should like to have 
the explicit opinion of an expert of the public records, as Dr. Cox 
undoubtedly is, on the calendars of parish churches and the entries in 
missals and psalters which meet us, notably in proofs of age, during the 
medieval period. The hazard of a forecast is small that the institution 
had been slowly growing and taking shape in men's minds till the psycho- 
logical moment came with the destruction of the religious houses and the 
necessity for parochial registration dawned on King Henry's astute adviser, 
who made it compulsory on the English clergy. It is thought by many 
students that the arguments of Mr. Chester Waters on this matter will 
not stand the test of more recent knowledge. 

Notwithstanding a sincere admiration for Dr. Cox and his book, we 
take leave to dissent from his views on the origin of Bishops' Transcripts. 
It is to be regretted that the old story of the Injunctions of 1597 nas been 
accepted and handed on. A more careful scrutiny of diocesan registries 
will reveal the existence of transcripts at a much earlier period than the 
date indicated by the author. Genuine transcripts will be met with in the 
parochial bundles of such repositories at various dates from 1560 onwards, 
perhaps from a much earlier period. Dr. Cox has noticed the abortive 
attempts in 1563 and 1590 to establish a general registry in each diocese. 
These projects should have suggested to him that the idea of Bishops' 
Transcripts at that period was not only in the air, but very much on the 
firm ground. If he takes up his Cardwell he will find that Archbishop 
Parker inquired in 1569 c whether your ministers keepe their registers 
well and do present the copy of them once every yeare by indenture to 
the ordinarye or his officers.' In 1571 a precisely similar injunction was 
given by Archbishop Grindal in his metropolitical visitation of the province 
of York. There is little doubt that Bishops' transcripts, as well as 
parish registers, were in existence as an institution long before they 

Cotton : The Bardon Papers 91 

received definitive recognition by synodical or other authority. The 
existence of numerous genuine transcripts in several diocesan registries 
before the date assigned for their origin, when read in the light of the 
archiepiscopal injunctions in both provinces, should convince Dr. Cox that 
the old theory to which he has given his adherence needs revisal. 

The volume is well arranged in chapters under separate titles according 
to subject-matter. Among the appendices there is a list of parish registers 
beginning in 1538, and another in 1539, while a third gives a list of those 
wholly or partly in print. The illustrations are as curious as they are 
valuable. The most interesting are perhaps the facsimiles of some title- 
pages of registers. The portrait of Thomas Cromwell, the founder of 
parish registers, fitly occupies the chief place. The motto of the volume 
that * every parish must have a history, every parish has a register, every 
person has a parish,' is not the least happy of the proverbial sayings of 
Bishop Stubbs. There is a good index. 


THE BARDON PAPERS : Documents relating to the Imprisonment and 
Trial of Mary Queen of Scots. Edited for the Royal Historical Society 
by Conyers Read, Ph.D., with a Prefatory Note by Charles Cotton, 
F.R.C.P.E., M.R.C.S. Pp. xlv, 139. 410. London : Offices of the 
Society. 1909. 

THE Bardon Papers are certain MSS. discovered in 1834 at Bardon House, 
Somerset, and now in the British Museum. Though they reveal nothing 
of cardinal importance not already well known in regard to the imprison- 
ment and trial of the Queen of Scots, they supply a number of details of 
various interest ; and while they further confirm the reluctance of Elizabeth 
to assent to her execution, they render, if that were possible, still more 
evident the determination of her accusers to secure it by hook or by crook. 
At the same time they contain no really fresh evidence as to Mary's 
innocence or guilt. They leave the matter where it was, wherever that 
may be. 

The annotation of the documents by Dr. Conyers Read is careful and 
illuminating; and his introduction supplies all that is necessary for an 
intelligent perusal of them, in addition to what may be termed supple- 
mentary matter. On one or two points his statements are, however, not 
quite accurate, or stand in need of qualification. Every one will not 
agree with him that it is difficult to answer the question as to whether 
Mary was guilty of connection with the murder of Darnley, if that 
be what he means to affirm ; nor will every one agree with him that 
the answer to this depends upon the question of the authenticity of the 
casket letters, if that be what he means to imply. Many have had no 
difficulty in answering the former question in the affirmative, even when 
not fully persuaded as to the letters ; and as regards even the letters, Mr. 
Lang himself who is supposed to be prejudiced rather in favour of than 
against Mary, if he be prejudiced at all, which of course he will deny has 
confessed, admittedly with reluctance, that he has no option but to assign 
to her the fatally incriminating Glasgow letter. 

92 Cotton : The Bardon Papers 

It is hardly correct to say of the Duke of Norfolk that, while nominally 
a Protestant, 'he was well known to be strongly Catholic in his sympathies.' 
On the contrary, Maitland and other Protestants projected his marriage to 
Mary because of his Protestantism. The duke was strong in nothing ; he 
was merely a wobbler, whom in the end the Catholic conspirators purposed 
to make a Catholic, and whom they and Mary befooled for their own 
purposes. And is there much difficulty, as Dr. Read states, in guessing 
Mary's motive in encouraging him ? She might, or might not, intend to 
marry him, but she at least desired to utilize him as an instrument in 
securing her liberty. 

It seems rather rash to affirm that D'Aubigny's fall * destroyed perhaps the 
best chance Mary ever had of realizing her hopes.' Unless Dr. Read is 
able to fathom the mystery of D'Aubigny's real aims, unless he knows that 
D'Aubigny was more devoted to Mary than to James or to his own self, he 
can hardly indulge in even a perhaps as to the destruction of the * best 
chance,' for was it so much as a chance ? 

Dr. Read is of opinion that it would be rash to attempt any definite 
pronouncement as to Mary's guilt or innocence of the Babington murder 
plot, though, judging from what is otherwise known of her, he thinks she 
* would not have been deterred by any nice moral scruples.' Now, to 
those who have not given full attention to the various items of cumulative 
evidence, this may seem a remarkably judicial verdict ; but a verdict of not 
proven, unaccompanied with a careful summary of the evidence, has no 
more claims for acceptance than a verdict, in similar circumstances, of 
either innocent or guilty. Its impartiality depends wholly on the character 
of the evidence ; and since there is no room here for adequate discussion of 
this, I refrain from expressing an opinion, beyond the remark that Mary 
must have been a phenomenally weak, soft, or angelic woman if she did 
not approve of Elizabeth's assassination ; that her approval of it, if she did 
approve of it, can hardly in the circumstances be deemed a crime ; that, 
therefore, the question of her innocence or guilt is a very minor matter 
indeed : a minor matter as regards herself, and a minor matter, also, as 
regards her accusers, who, whether she was guilty or innocent, were the 
begetters of the crime, real or imaginary, for which she suffered execution. 


THE BOOK OF ARRAN. Edited by J. A. Balfour, F.R. Hist. S., F.S.A.Scot. 
Pp. xiv, 295. With numerous Illustrations. 4to. Published for the 
Arran Society of Glasgow by Hugh Hopkins, Glasgow. 1910. 
2 is. nett. 

HALF a century has elapsed since Mr. Bryce, mathematical master in 
Glasgow, was requested to prepare a geological guide to the Valley of the 
Clyde for the members of the British Association. Out of that production 
was developed by the same author, The Geology of Arran and the other Clyde 
Islands, a work scientific in conception and popular in form, than which 
no more entertaining local guide-book could be obtained anywhere. One 
feature of the book was the supplement of sections dealing with the history 
of the Isle, and of chapters devoted to its Fauna and Flora contributed by 

Balfour : The Book of Arran 93 

various writers. That excellent book was a model precursor of this now 
under review. In some respects the modern Book of Arran is like the old 
in being a collaborated work by experts in various branches of science. 
Their up-to-date results and conclusions, with photographic and engraved 
illustrations of first merit, are edited by Mr. J. A. Balfour, who has 
personally contributed seven chapters of great interest, dealing with subjects 
within the pre-historic and historic periods. 

The Introduction, entitled * The Building up of the Island,' is the work 
of Sir Archibald Geikie ; Professor Thomas H. Bryce describes ' The 
Sepulchral Remains' ; Mr. R. F. Coles delineates 'The Cup and Ring- 
marked Stones ' ; Mr. F. C. Eeles discusses the ' Effigy of an Abbot at 
Shisken ' ; Mr. C. E. Whitelaw, architect, describes ' The Castles ' ; and 
Dr. Erik Brate, Stockholm, contributes an interesting chapter on the 
'Runic Inscriptions in the Cell of St. Molaise.' Treatises on the recondite 
subjects so dear to antiquarians are sometimes so dull and soporific that few 
trouble to read them. But these archaeological essays, although written 
with great precision, are presented in such lucid and simple terms that 
ordinary readers, whether interested in the locality or not, cannot fail to be 
fascinated in their perusal. The charming introductory chapter by Sir 
Archibald Geikie affords an educative account of the geological up- 
building of an Isle, no small part of whose romance lies in the fact that it 
has been detached from the mainland at a late period of its history. A 
diagram indicates the results of the seven distinct periods of eruption, and 
the resultant lie of the land after the schists, grits, and conglomerates found 
settlement, the sandstones took their bed, the upper measures were fixed, 
and the irresistible lava stream burst up through all these strata and cooled 
down on those ragged peaks, so grand to the eye of the traveller. The 
picture given of the elements at their formative work is almost cinemato- 
graphic in its realism. The glamour of the scene is on the writer himself, 
and the eye of a poet guides the hand of a scientist. 

With similar ease and grace of style Professor Bryce glides in and out 
the chambered cairns which he lays bare in order to memorialise them 
better with fascinating photographs from his camera. Here again the 
reader is on solid ground, facing the evidences of the past carefully set out, 
measured to a hair's-breadth, weighed, tabulated, compared, and judicially 
pronounced on. Chamber and cist, skull and skeleton, urn and tool, are 
critically examined, and in this valley of Dry Bones, the deft anatomist 
raises up the aboriginals, restores flesh and feature, declares their sexes, 
displays broad-head and narrow-head, in order to assert that ' a new and 
pure race appeared in Scotland at the beginning of the Bronze age, bringing 
with them the beaker urn and a new form of culture. In stature these 
new people do not appear to have greatly exceeded the earlier Iberian 
settlers, and in complexion they were probably dark like them.' Only by 
experience and a long residence in the West can one comprehend all the 
significance of the weighty conclusion of the learned professor ; ' As an 
ethnic factor, the broadheads have left very little trace of their presence. 
The dominant type in the later population of Bute and Argyll has always 
been dark and dolichocephalic. This type was, of course, strongly rein- 

94 Balfour : The Book of Arran 

forced from Ireland, but the district remained, in the main, true to the 
characters of the earlier settlement.' 

The Report on * The Cup and Ring-marked Rocks at Stronach Ridge, 
Brodick,' prepared by Mr. Coles for the Society of Antiquaries, is here 
reproduced without any further comment or suggestion as to the meaning 
or origin of these mysterious memorials. The Editor, dealing with the 
Proto-historic period, gives a short sketch of Viking burials with reference 
to a find at King's Cross Point. Another interesting chapter on c An 
Irish-Celtic Monastery,' gives the Editor an opportunity of drawing atten- 
tion to the discovery of an early monastic establishment near Kilpatrick, 
and to his suggestion that this may be the site of that monastery on Aileach 
founded by St. Brendan. Very instructive, also, are the Editor's other con- 
tributions to the volume, namely, * Chapels and Sculpture Stones,' 'The 
Holy Isle,' * Miscellanea,' etc. 

Mr. F. C. Eeles, in a very informative chapter 'On the Effigy of an 
Abbot at Shisken,' clearly disposes of the tradition that this monument 
represents St. Molio. The figure, now preserved in the Church at Shisken, 
is none other than a medieval priest in his eucharistic vestments, as 
antiquarians have long decided. The notes by Mr. Eeles on the forms of 
vestments on West Highland monuments are very valuable. 

From an architectural point of view Mr. C. E. Whitelaw has done 
justice to * The Castles,' but it is a pity that space did not permit of 
references to the part they played in the national and local story. It is 
unfortunate that the present state of the Norse Runic inscriptions in the 
cell of St. Molaise, Holy Isle, does not permit of Dr. Erik Brate making 
more of them than suggestive interpretations. A catalogue of Arran place- 
names, in their amended form, is a necessary accompaniment, as also is an 
excellent map. Altogether this superb volume is a credit to the Arran 
Society of Glasgow, and to its Editor, is a delightful guide-book to the 
antiquities of a wonderful isle, and should be in the hands of lovers of 

accurate research. , 


wife, Elizabeth Wilson. By their grand-daughter. Pp. xiv, 426. With 
Illustrations. Demy 8vo. London : John Murray. 1910. 153. nett. 

SIR JOHN M'NEILL, whose name is associated with British interests in Persia, 
well deserved a monograph, and the book before us has given a satisfactory 
one. He was born in 1795, and, being the third son of the Laird of 
Colonsay, was a true Highlander. In early life he shared the frugal life of 
the other islanders, and of this simple life Professor Mackinnon gives us a 
very interesting account. At the age of twelve he went to Glasgow and 
then to Edinburgh to follow the medical profession. In Edinburgh (to 
show his strength, he once, it is said, for a wager, walked thence to Glasgow 
and back in twenty-four hours) he made the acquaintance of the family of 
Wilson, the best known member of which became * Christopher North,' 
and having obtained his degree, married Miss Robinson, of Clermiston an 
imprudent match, the bridegroom being nineteen, and the bride two years 

Memoir of the Right Hon. Sir John M'Neill 95 

younger and with his wife went to India in the service of the East India 
Company. His young wife died in 1816, and he himself joined the Field 
Force at Baroda, and saw some active service against Holkar and the 

In 1820 his long career in Persia began, as he was attached to the British 
Mission in Teheran. After returning home in 1822 he married Elizabeth 
Wilson, whose brothers were his dearest friends, a charming Scottish lady 
(whose name is rightly associated with his in this book), in whom he found 
an admirable wife and ally, and in 1823 went with her to Persia, from 
whence her lively letters (she was a friend of Lockhart and the Blackwood 
* group ') make agreeable reading. M'Neill took part in the negotiations 
for peace after the Russo-Persian war, and had considerable influence in 
altering the tortuous policy of Persian finance. In 1831 he was made 
Resident at Bushire, brought his weight to bear on old Fatten Ali Shah, 
and was Envoy to Khorassan. 

During a visit to Europe he wrote a brochure. The Progress and present 
position of Russia in the East, which became famous later during the Crimean 
War. Then, parting from his wife and sole surviving child, he again went 
out to Persia but this time as Minister Plenipotentiary and Envoy Extra- 
ordinary in 1836. The complications between the Afghans and the 
aggressive Persians brought him, though successful, into disfavour with the 
new Shah, and he left for home, remaining there two years, and there was 
created G.C.B. for his services. He returned to Persia for his last term in 
1841, retiring next year, having pursued a policy crowned with success. 

Forty-one years of retirement followed, but he was never idle for a 
moment. He wrote, he was a Commissioner of the first Scottish Board 
of Supervision, and he inquired into the potato famine (his report gives what 
the author calls * the final word on the Crofter Question'), and he interested 
himself in Highland emigration. In 1855, in his sixtieth year, he was 
sent out to the Crimea to inquire into the working of the Commissariats. 
This brought about a friendship with Miss Florence Nightingale, and, as 
he wrote to his wife * enough remained to be done to make me thankful 
I agreed to come here.' His dignified behaviour in the storm which 
followed the publication of the Reports is very temperately told. Honours 
fell thickly on him in the evening of his life, but his beloved wife died in 
1868. He continued, however, to be of use to the world, and died as lately 
as 1883, being tended by his third wife, the Duke of Argyll's sister, Lady 
Emma Campbell, and his fame has caused him to be claimed (in 1903) as 
Mrs. Eddy's great-grandfather by a very misguided Biographer of the 
Founder of Christian Science ! 

The editor has done her difficult work well, she has given a glimpse 
into Persian and Russian history and politics sufficient for her subject, and 
she has inlayed her work with extracts from delightful family letters with 
great skill. We think she is not wrong in having used the old orthography of 
Oriental names instead of the more modern forms, but she should have seen 
to their uniformity, and corrected not only some misprints but also the 
spelling of the names of the German, Russian, and Austrian nobles 
mentioned in her very readable biography. A FRANCIS STEUART. 

96 Copinger : Heraldry Simplified 

F.S.A., Dean of the Faculty of Law in the University of Manchester. 
Pp. 379. Illustrated by nearly 3000 examples. 4to. Manchester : 
University Press. 1910. IDS. 6d. nett. 

DR. COPINGER endeavoured to present within moderate compass all he 
could find in the best authorities, in such a way as to enable anyone from 
his volume alone, to acquire a competent knowledge of English heraldry. 
And we regret that the reputation which the distinguished author gained 
by other works is not likely to be enhanced by this volume. 

The book proceeds, so far, on the lines of Clark's Introduction to Heraldry, 
and there is a very full chapter extending to about fifty pages giving hints 
on the compilation of pedigrees, and setting forth in detail all the well- 
known sources of genealogical authority. A new feature appears to be the 
arrangement of the common charges in alphabetical order, the examples 
being so placed that when the description is too long to be printed under- 
neath it appears on the opposite page. 

Throughout the book there are statements which we are inclined to 
challenge, and inaccuracies which we are afraid we cannot always attribute 
to the printer. We give a few instances. In referring to arms of preten- 
sion the author says: 'On the union with Ireland the arms of France 
were first omitted, and the ensign of Ireland substituted in the third quarter 
of the royal arms of Great Britain.' Now, there was no such substitution ; 
the arms of Ireland have occupied the third quarter in every reign since the 
accession of James I. In describing subordinate ordinaries, he says : 
* The Orle is an insulated border in the shape of the Shield to which when 
the half fleur-de-lis is affixed it becomes a Tressure.' This is incorrect : 
the tressure is not more than half the breadth of the orle and, clearly, the 
orle itself may be borne flory. Again, * the Flanch is formed of two curved 
lines on each side of the Shield. They take their beginning from the corner 
of the Chief, and from thence swelling by degrees until they come to the 
middle of the Shield, and thence proportionably declinary to the Sinister base 
point.' Should a beginner try to portray flanches of this pattern he would 
make the curved lines meet at the fess point, and would then continue both 
lines downwards to the same point, on the same side of the shield ! In 
treating of borders, the author gives a dozen examples before he explains 
what a border is, and would seem to contradict his glossary by stating 
that ' a border is never metal upon metal.' A border enurny, he proceeds, 
is one charged with 'lines,' evidently meaning lions, while in another 
case the border is stated to be * charged with entoyre of bezants ' instead 
of 'charged with bezants,' or 'entoyre of bezants,' one or the other. 
And in speaking of ostrich feathers, he says that a plume of three heights 
should consist of twelve feathers, six, five, four, and three, an arithmetical 
and heraldic feat that we do not attempt. 

Dr. Copinger's examples are occasionally too brief to be clear, as in this 
case, ' Text R. by a sprig of Laurel.' At other times they are unnecessarily 
full, as for example, 'Two fishes in saltier debruised by another in pale, the 
tail erect, or, as sometimes termed, " teste a la Queve or Queue," or a trien 

Copinger : Heraldry Simplified 97 

of fishes lying cross, the heads and tails interchangeably posed, anciently 
blazoned Tres trouts, etc., paly bendy, barony.' 

Again, as simplicity was his aim, would it not have been better to have 
avoided variations in the spelling of certain words which frequently recur ? 
Sometimes close together, we find dawnset, dancette, dancette j nebule", 
nebulae, nebuly; torteaux, torteauxes; beviled, bevelled, etc. 

As regards the illustrations we hardly share the author's complacency. 
They are not above the average, and we have seldom seen a more puerile 
representation of a shield with supporters than is to be found on page 243. 

On account of faults such as we have indicated we hesitate to say that 
the volume, whatever its merits, may be considered a safe and only guide 
to the study of heraldry. WILLIAM D. KER. 

LANGUE FRANCHISE,' de Joachim du Bellay. Par Pierre Villey. 
Sm. 8vo, pp. xlviii, 162. Paris: Honor Champion. 1908. 
THE series, appropriately named l Bibliotheque Litteraire de la Renaissance,' 
promises to enhance the credit of the publisher by its special contributions 
to medieval and renaissance study, and to the criticism of such authors as 
Petrarch, Rabelais, and Montaigne. As a search of sources the present 
work is of unusual interest, and very clearly shows the use made in 1 549 
by Du Bellay of Sperone Speroni's Dialogo delle Lingue, by wholesale 
incorporations of it in the famous Defense et Illustration. 

M. Villey's admirable introduction, moreover, demonstrates that the 
adoption of the Italian's arguments and refitment of them from the case of 
Italy to the case of France was only one stage of the important general 
movement by which the vernacular tongues became decisively victorious 
over Latin as the vehicle for the highest thought in politics as well as 
literature. Du Bellay had probably read the Prose della lingua volgare of 
Pietro Bembo. Born about 1500, and dead in 1588, Speroni, writing in 
1542, was expanding the thesis of Bembo's Prose in favour of the vernacular. 
The Prose had been written in 1502, although not published until 1525. 

In mode, and to some extent in national spirit, Speroni's book follows the 
Corteglano of Castiglione, published in 1529, adopting the dialogue form, 
and justifiably making Bembo the chief spokesman for the Tuscan dialect. 
When transferring the argument to its new requirements, Du Bellay had 
no need to establish the supremacy of any one form of the French tongue : 
that was settled, and the speech of Paris was the national language. 
Pleading for French, with arguments translated page after page from 
Italian, the Defense was a direct instance of the Italianisation so abundantly 
evident in other aspects of European culture at the time, and so familiar to 
us through its later manifestations in the England of Shakespeare. But 
underneath was a keenness of national sense which made the argument 
live and conquer, and which was also the dominant factor in the Scottish 
parallel already commented on (S.H.R. vii. 429), viz. the Complaynte of 
Scotland, adapted from the French, and published in the same year as Du 
Bellay's adaptation from Italian. M. Villey's shrewdness of criticism can 
hardly be better exhibited than by quoting his two verdicts : (l) that 


9 8 Coronation Oaths 

contrary to previous opinion, Du Bellay's work had * almost no originality ' 
(except to apply to French what had previously been applied to Italian) ; 
and (2) that the glory of the work was its fortune to be * the programme of 
the Pliade.' As a collation of sources and a crisp, learned, and satisfying 
analysis of the results, M. Villey's little book is a capital exposition of the 
art of historical literary criticism. 

ALL constitutional subjects have a special antiquarian interest, sometimes 
acute, as in the case of the coronation oath. Scotland's concern in the 
subject may safely be reckoned vital in view of the part that religion played 
in Scottish history, constitutionally considered, not only from the Reforma- 
tion to the Union of 1 707, but ever since. Dr. Hay Fleming has there- 
fore chosen the fit hour for publishing his Historical Notes concerning the 
Coronation Oaths and the Accession Declaration (pp. 20 ; The Knox 
Club, 1910, second edition, price threepence). 

The pamphlet traces the position by law and practice in Scotland from 
1329, when the long-sought privilege of unction and consecration was 
granted to Scottish kings at their coronation, down to the Act of Union. 
By the papal bull of 1329 the privilege of unction was granted subject to 
an oath by the successive monarchs to exterminate all heretics (universes 
hereticos exterminare). At the Reformation, under a statute of 1567, the 
kings were required thenceforth at their coronation to * make their faithful 
promise by oath in presence of the Eternal God' to maintain the 'true 
religion ' as * now received and preached within this realm,' and * to root 
out all heretics and enemies to the true worship of God that shall be con- 
victed by the true Kirk of God.' Oath in these terms was made by 
James VI., Charles I., Charles II., William and Mary, and Anne, but not 
by James VII. and II. 

Though superseded by the Act of Union, the Scottish enactment of 
1 567 is yet unrepealed, and remains, however dormant, on the statute book, 
in terms of the Statute Law Revision (Scotland) Act of 1906. Some of 
the anathemas of Roman Catholic councils and confessions are printed for 
comparative purposes by Dr. Hay Fleming. He would doubtless find 
instructive suggestion in the coronation oaths of King George of Bohemia 
in 1458, and the dubiety consequent on the king's silence or indirectness 
regarding the Compacta and the utraquist tenets of the bulk of the Bohemian 
people. The current question in view is too political to be discussed here, 
but the pamphlet is timely in now offering a short survey of Scots 
coronation practice. It is a valuable supplement to Professor Cooper's 
paper in the Transactions of the Aberdeen Ecclesiological Society for 1902, 
itself a mine of Scottish coronation-lore. 

In the English Historical Review (July) Miss Dilben groups a great many 
references to the position or office of Secretary in the thirteenth and 
fourteenth centuries shewing an original connection with the English 
king's < secret ' council, coming to be associated with a clerk, and from 
1307 until 1367 combined with the keepership of the king's privy or 
secret seal. There were many varieties of the species, however, and Miss 
Dilben's collection of specimens throws much light on the official evolution. 

Current Literature 99 

Bibliographers and book lovers will appreciate Mr. P. S. Allen's account 
of Bishop Shirwood of Durham, 1450-93, and his library, the gradual 
acquisition of years of purchases of manuscripts and incunabula, especially 
of Greek and Latin classics. Mr. H. L. Schoolcraft, in a paper on * England 
and Denmark, 1660-1667,' traces the course of Charles II.'s policy in the 
abortive effort to secure an offensive alliance with Denmark. Mr. J. H. 
Clapham, writing on the ' Last Years of the Navigation Acts,' begins an 
explanation of the antecedents of the repeal, and surveys the British treaty 
relations with the leading European powers. Miss Kate Norgate, carefully 
working over the papers of the late Mr. T. A. Archer, presents a most 
interesting parallel collation between the well-known Itinerarium of the 
crusade of Richard I., and the Song of Ambrose^ which is a French metrical 
equivalent of the Itinerarium. She concludes that the song was most 
probably a translation from a primitive text of the Latin work. 

A first serial article in the Law Quarterly Review for July deals with an 
important subject from rather a fresh standpoint. From the pen of M. de 
W. Hemmeon, its proposition is that the records of Burgage Tenure in 
Medieval England prove the development of feudalism in England to have 
been antedated by a system of land holding in the boroughs, which later 
came to be known as the burgage tenure. It is shown by the initial 
section that the incidents of burgage tenure did not include aids or marriage, 
but did include wardship, and sometimes relief. Heriot, too, was included, 
meaning not * the best chattel ' (as we say in Scotland, ' the best aught ') 
but a piece of arms, such as a sword, lance, or bill. Escheat and forfeiture, 
fealty and homage existed, but with characteristic differences from the 
feudal mode. The retrait fiodal is occasionally found, and so are alienation 
fees, usually styled 'sellings' the latter being small payments answering 
somewhat to what Scots law calls the taxed entry of a singular successor. 
The future course of these articles is sure to deserve close attention for their 
direct and indirect Scottish interest. 

In the Modern Language Review (July) the biography of Spenser as inter- 
preting, and interpreted by, his Amoretti and Epithalamion is discussed by Mr. 
J. C. Smith with a tendency to the view that the Amoretti were originally 
written in honour of Lady Carey, but were rehandled later as the poets know 
how along with the Epithalamion, for the praise of another, his bride, Eliza- 
beth Boyle. Mr. Smith concludes his paper with an appeal for the necessity 
of a historical exegesis of the Faerie hieene. A list of Scandinavian personal 
names used in England, drawn up by Mr. H. C. Wyld, will be found useful 
for examination of place-name theories. The texts of two Middle High 
German poems are edited by Mr. L. A. Willoughby, the first a version of 
the legend of the fifteen signs of the approaching day of judgment, and the 
second a poem on doomsday itself. 

In the Juridical Review for July Mr. Valentine completes his study of the 
Air considered as a realm of law. He inclines to the view that rights of 
private property in land extending ad coelum are restricted by rights of public 
passage at higher elevations than building structures, and therefore that 
liability to damage from mishaps will not arise simply because of damage 

ioo Current Literature 

done, but will only be incurred by negligence on the part of aeronauts. 
He deprecates legislation, preferring to let general principles adjust them- 
selves for a while in the new medium before any attempt is made at an 
enactment. Mr. Ferguson, K.C., sketches, without really fresh contribu- 
tion, the history of the Sheriff in Scotland. His paper indirectly establishes 
the great need there is for some antiquary to make the story of the great 
office the theme of an extended monograph. Sir P. J. Hamilton-Grierson 
gives an account of the medieval church doctrine of cognatio spirituality or 
the principle of quasi-kinships constituted by baptism and confirmation. 
We observe that he makes no reference to Bishop Dowden's Rhind 
lectures, which dealt intimately with this subject, and are to be post- 
humously published. A note on Professor Maitland by Professor Millar is 
a pleasant feature among the reviews. 

The Revue Historique (July-August) has a study in economic history 
from 1697 until 1713 in an article by M. Ph. Sagnac on the commercial 
foreign policy of France from the peace of Ryswick until the treaty of 
Utrecht a period when necessity made a relaxation of Protectionism 
imperative, and gave occasion to many rearrangements of international 

A series of despatches regarding the Westphalian campaign of 1761 
is edited. A discussion is in progress over the word Gorthonicusy held with 
documentary authority by Dr. Henry Bradley to be geographical, a term 
for Gaul and Gaulish, but now maintained by M. Treich, on an airy 
argument of philosophy, to be a descriptive epithet. It is always as 
interesting to see a philologist at work on history as it is to see a historian 
arguing philology. Dr. Bradley appears to have the documents behind 
his contention, while M. Treich tries ineffectually to persuade them away. 
A further stage is reached in the important question of interpreting the 
table of penalties in the Lex Salica whether as indemnities to the injured 
or as fines to the State. The rival theorists have not yet reconciled the 
anomalies of either interpretation, but the previously current doctrine of 
indemnity is seriously shaken. 

The Revue des Etudes Historiques (May-June, 1910) contains an article 
by M. de Vaissiere on the intimate letters of a young French aristocrat of 
the middle of the eighteenth century Joseph Marie de Lordat to wit : the 
letters throw fresh psychological side-lights on the French nobility during 
that critical period, and some interesting deductions thereupon are made by 
M. de Vaissiere. M. Morane writes on an episode in the troublous history 
of Poland, and discusses the temperament and character of the Grand Duke 
Constantin, brother of Alexander I. 

Amongst the reviews in this number (chiefly of biographical works) may 
be noted as of especial interest, remarks on the hitherto unpublished letters 
of Luise Ulrike, sister of Frederick the Great ; on the Recollections of 
Princess Galitzin ; and on the valuable series of Memoirs in the course of 
publication by M. Funck-Brentano. 


FRANCIS JOSEPH AMOURS. The death of our distinguished 
contributor, Monsieur Francis Joseph Amours, has deprived Scotland of a 
profound student of the national literary antiquities. Perhaps there is no 
other instance of a Frenchman getting so complete a mastery of Old Scots, 
and thus winning recognition as a foremost authority. He was born on 
23rd November, 1841, at the village of Tilleul-Othon, in Normandy, in 
the department of Eure, the son of Pierre Joseph Amours and Rosalie Adele 
Conard. So well were the foundations of his education laid by the good 
cure of Tilleul-Othon that on going, at the age of eighteen, to the college 
of Bernay he proved a brilliant student. Under Principal Roger he 
was dux in all subjects, and carried off the prix a'honneur offered by the 
Minister of Education. He took his degree of Bachelier-es-Lettres of the 
University of France at Caen in 1862. 

By this time he seems to have given up any idea of entering the church, 
and he became for a short while a R/gent in the college of Lisieux. In 
1864 he was granted unlimited leave (congS cT inactivity sans traitement 
from the Minister of Education, who was then the famous historian, Victor 
Duruy. Passing over into England he taught in a private school in 
Gloucestershire until 1867. He was then appointed assistant to M. Havet, 
a well-known French master in Edinburgh, where he resided until 1869, 
when he was chosen French master in Glasgow Academy. After fifteen 
years there he was preferred to the like position in Glasgow High School, 
where he remained until his retiral on a pension after twenty years' service 
in 1904. During those five and thirty years of active teaching in this 
country he passed through his hands a very large number of students of 
French, and there are many who remember with gratitude and admiration 
(chequered, of course, with the godly fear inseparable from the part) his 
systematic and thorough methods of instruction and his encouragement of 
pupils of promise. He long acted also as an examiner in French, at one 
time for intermediate education in Ireland, and latterly for degree and 
other purposes in Glasgow University. Side-products of his profession as a 
teacher were two school books, his Study of French Verbs and his French 
Primer, both in considerable demand. 

But it was not as a French grammarian that he was to win his chief 
distinctions. His study of Old French led him to the study of Old English. 
For a number of years he paid special attention to the Old French words 
incorporated in medieval English, and drew up an elaborate list of 
examples he had found. Early in 1885 he appears to have tendered to 


102 Communications 

Dr. J. A. H. Murray, then at work on the first volume of the New 
English Dictionary, the fruit of his researches. Needless to say, Dr. Murray 
warmly accepted from M. Amours what he termed his * generous and 
enthusiastic offer of help,' and in 1888 the preface to the first volume of 
the Dictionary contains an acknowledgment for c a series of references for 
early instances of French words in Middle English.' So began a connec- 
tion maintained for five and twenty years, during which the resources of 
M. Amours' scholarship and reading were steadily utilised in the making 
of the great Dictionary which is so proud an achievement of collective 
effort in English study. 

The connection of M. Amours with the alliterative poems began, as he 
himself has said, in the happy accident of his making the acquaintance of 
Sir Frederick Madden's Syr Gawayne, that noble Bannatyne Club volume so 
fitted to stir a kindred soul to the study of old poetry, and so worthy, by its 
masterly treatment of palaeographical, textual, and glossarial problems, to be 
a begetter of equally scholarly work in the archaeology of literature. With 
its bases equally Old French, Middle English, and Scots, it presented in 
its collection of archaic verse many of the glossarial and etymological 
elements on which M. Amours was already working from the philological 
standpoint. Henceforward he pursued those researches and studies in 
early Scottish poetry which resulted in his editing the Scottish Alliterative 
Poems in Riming Stanzas, of which the text appeared in 1892, followed by 
the notes in the complete volume for the Scottish Text Society in 1897. 
That work needs no commending, having earned its own place by its 
sanity, accuracy, and complex learning alike in history, philology, and 
criticism. The alliteratives, before M. Amours took them up, were a 
* strange dark book ' ; his glossaries cleared away much of the obscurity ; 
his notes and introduction brought an unhoped-for mass of explanatory 
learning to the whole cycle ; and, in a word, the volume must long hold 
place as a master-key for early Scottish literature. Conservative in mood, 
he never pressed discovery beyond the obvious limits of the evidence, so 
that his propositions, erring if at all on the side of understatement, are 
invariably characterised by their safety. He had learned to write English 
in a diction which had all the clearness of the best literary French without 
a touch of its rhetoric, and his prefatorial essays are as well turned in 
phrase as they are restrained in style. 

His patient, sure-footed ways of study had set him completely at his ease 
in a field full of difficulties due partly to the relative scarcity of material 
and partly to the deliberate selection of archaic forms by certain fourteenth 
and fifteenth century poets, of whom he became the skilled interpreter. 
It was no slight conquest to have been made by a Frenchman who in 
1864 came to England unable to speak English. His pen had no trace of 
the French accent, and his speech would only to a quick ear betray the 
foreigner. His marriage in 1871 with Miss Margaret Marr (now his 
widow) no doubt furthered his knowledge of the Scottish vernacular, and 
quickened his power of dealing with its ancient phases. Mrs. Amours 
thus too has her modest though subsidiary place in the studious successes of 
her husband. 

Francis Joseph Amours 103 

The alliteratives finished, he set himself with accustomed courage and 
application to a still longer, although not more difficult, task. Wyntoun, 
the chronicler, badly needed editing anew, for historical equally with 
philological reasons, and high gratification was felt by the Scottish Text 
Society when M. Amours resolved to undertake a parallel double-text 
edition from the Cottonian and Wemyss manuscripts, with the variants of 
other texts in foot-notes. How steadily he pursued the task, how regularly 
the volumes came out successively in 1903, 1904, 1906, 1907, and 1908 
(when the text was complete in 2150 pages heavy with footnotes) all critical 
students of Scots history and literature are gratefully aware. Promise and 
performance went together with this great editor, and beyond doubt, had 
not life failed him, he would have brought his studies to the termination in 
1911 designed, by the final volume in which the editorial introduction and 
apparatus would have set the last seal of his learning on The Original 
Chronicle of Andrew of Wyntoun. But he was not to see that end of his 
splendid labours : an illness beginning last autumn gradually revealed itself 
as mortal, and he died on gth September, 1910, grieving only, he said, to 
leave his wife and his Andrew of Wyntoun. Nine days before his death 
he was still revising proofs for the New English Dictionary. He had toiled 
till the last also at Wyntoun, and one of his last half-conscious utterances 
was an exclamation, ' Score all that out ; I have not time to finish it.' 
Happily, however, there was actually finished enough of his task of 
annotation to make the projected final volume no mere torso, but a 
virtually full attainment of his purpose, albeit the invaluable advantage 
of his ripest opinion and research is lost, and the chronicle must be shorn 
of what would surely have been a critical performance in the discussion of 
sources, of literary relationships, and of historical values such as to make the 
introduction a standard of modern historical craftsmanship. 

While it may be regretted that Scotland did not by a University honour 
sufficiently attest her gratitude for an adopted son of such devotion to her 
service, there was no lack of either public or private appreciation of his 
learning and merit, or of those sterling qualities of character, that plain 
* downrightness,' and that fearless independence mingling with all the 
clubable virtues which won him his multitude of friends. When in 1904 
the French government did itself honour by conferring on this exiled 
but most loyal son of France the dignity of Officier de 1'Instruction 
Publique he was entertained at a public dinner, organised by the Historical 
and Philological Section of the Royal Philosophical Society of Glasgow. 
He was then President of that section, in connection with which several of 
his too few fugitive papers were written, some of them relative to 
Wyntoun as prior of St. Serfs on Loch Leven. One most gratifying 
fact of his studies was that his estimate of the old chronicler's personal 
worth, historical acumen and fidelity, and capacity of poetic expression 
steadily rose as he critically probed his record to find not only constant 
and unexpected confirmations of fact but also continual signs of literary 
power. Perhaps it was not wholly a fanciful conception which saw in the 
industrious and skilful editor, working with calm and orderly precision by 
the lamplight at his desk, a vital brotherhood with the chronicler-canon in 

1 04 Communications 

the scriptorium of St. Serfs. Certainly no aspect of Franco-Scottish alliance 
can ever be regarded with heartier satisfaction than that constituted by the 
association across five centuries of those two, eminently worthy of each 
other, in their united homage to the history of medieval Scotland. 


M. Dieulafoy, in his essay upon Chateau-Gaillard (Memoires de I'lnstitut ; 
Acadlmle des inscriptions et belles-lettres^ 1898, vol. xxxvi. pt. i. p. 371, 
note), has called attention to a passage in one of the continuators of 
William of Tyre, in which King Richard is said to have brought away 
one hundred and twenty Saracens (Mamelos) from the Holy Land. The 
passage occurs in a manuscript of the fourteenth century, which has been 
printed as text D in the edition of the so-called Histoire d'Heracles, 
published by the Academic des Inscriptions (Recueil des Historiens des 
Croisades^ Historiens Occidentaux^ vol. ii. (1859) P- J 9^) : 

Puis que 1'ost fa venus et le rei ot rescousse Japhe, un grant descort sorst 
entre Salahadin et ses amiraus. Dont nos gens ne s'aparsurent jusques a tant 
que les Sarasins farent deslogies devant Japhe et alerent herbergier au Chastel 
des Plains. Salahadin oi dire que le roi veneit apres lui. II douta son frere 
Seif Eddin et les autres amiraus, si ne 1'osa atendre, ains se desloja, et s'en ala 
escheriement envers la Surie Sobal, por garnir le Crac et Montreal que il aveient 
novelement conquis. Le rei et 1'ost alerent herbergier pres d'un chastel dou 
Temple que Ton nomeit la Toron des Chevaliers. Les Bedoyns s'acointerent dou 
rei : si pristrent de lui fiance, et li jurerent que il li serviroient leiaument et 
espiereent, et li fereient assavoir le covine (?) et 1'estre de Salahadin et de toute la 
payenisme, et les Memelos des amiraus oirent parler de la largesse et des dons 
dou rei. Chascun qui se corouseit a son seignor, il s'en fuioient et veneient 
au rei d'Engleterre. II fa aucune fois que le rei aveit des Memelos bien trois 
cens, dont il mena o lui bien cent et vingt Memelos outre mer quant il s'en 
parti de cest pays. 

The version (D) from which this account is taken comes from a MS. 
of the 1 4th century. In the opinion of its editors it is of eastern 
origin, like some other continuations of William of Tyre, including the 
famous Colbert manuscript, and was written in Cyprus before 1267 
(Hist. Occid. ii. p. vii). Although of no value in determining the text 
of the original chronicle of Ernoul, upon which, as M. L. de Mas Latrie 
has shown (Chronique d* Ernoul et de Bernard le Tresorier, Paris, 1871), 
the widespread continuations of William of Tyre are largely based, this 
Cypriot version is well and specially informed. 1 The allusion to King 
Richard's Saracen mercenaries cannot therefore be set aside summarily, 
in spite of the fact that it is not found elsewhere. The context is corro- 
borated by Beha-ed-din, whose narrative shows that Richard was in close 
communication with Saracen prisoners and ambassadors, after the relief 
of Jafia on July 3ist, 1192 (Palestine Pilgrims' Text Society's translation 
of Beha-ed-din, p. 371 seqq.}. Beha-ed-din also refers to the anger of 
Saladin on his retreat to Yazur (the Castle of the Plains). The friend- 

* See Mas La trie's Essai de classification (Chronique d Ernoul, p. 486) for the place 
of this MS. in the series of continuators. It is now at Lyons. 

The Saracen Mercenaries of Richard I. 105 

ship between Richard and the Sultan's brother (El-Adel Saphadin, or Seif 
Eddin) is a theme of historians on both sides. 

The story that Richard took some Mamelukes away with him is con- 
firmed by the Norman Exchequer rolls. On the roll of 1195 the 
following entries occur (ed. Stapleton, i. 221): 

In liberationibus Saracenorum morantium apud Domfront per preceptum 
Regis, a die Lune proxima post festum Sancti Michaelis usque de die lune 
post festum Sancti Egidii, c. li. ix. li. vj. so. per breve Regis. . . . Gibelino 
Saresceno in solta pertae equi sui 1. so. per idem breve. 

Two other entries on this page refer to the Saracens. Again, on 
the roll for the year 1198 (ii. 301): 

Soubresaillant et Saracenis suis c. li. xxxv. li. de liberatione sua per breve Regis. 

Stapleton, whose caution was as great as his general accuracy, regarded 
these Saracens as ordinary mercenaries. * The bands of whatever country,' 
he says, c who fought for him, were known by the name of Saraceni, 
and in this instance [i.e. in 1195] appear to have been Walenm ' (Observa- 
tions, i clix.). The word Saracen is certainly found either as a second 
name or a nickname in documents of this period. Besides the well-known 
chamberlain of St. Louis, Jean Sarrasin, we have the Roman citizen, 
Peter Saracenus, whose name occurs frequently in the Patent Rolls of 
John (Rot. Pat. ed. Hardy, p. 126, etc.), and the Alexander, son of 
William, Sarazein, who was a hostage of John of Courci in 1205 
(Rot. Pat. 55b). But the term in its general sense was the usual term 
for the Arabs and Turks in Spain, Sicily, and Syria and there is no 
reason to suppose that Richard's Welsh mercenaries were called Saracens. 

The names given in the Exchequer Rolls add an element of certainty. 
Under the curious Soubresaillant an Eastern name might well lurk. 
Fortunately Gibelinus can be traced more definitely. Professor Margoliouth 
has been so kind as to inform me that ' persons are known to have 
been called Jtbrint' on the ground that they were natives of Bait-Jibrln. 
The name Gibelin[us] in Frankish documents is a transliteration of 
the Arabic Jibrtn, in * Bait-Jibrin.' Professor Margoliouth adds, 'the 
individual to whom you refer may well have come from this place.' 

I would suggest, then, that the garrison of Domfront in 1195 contained 
some of these Saracens who had been attracted in Syria by the tales of 

Richard's generosity. 1 _ ,_ _ 


The University, Belfast. 

1 It is hardly necessary to point out that the presence of Saracens in Richard's 
army would help to spread belief in the current stories about the Assassins who 
were supposed to be employed by him. Richard would be most likely to use 
the mercenaries in siege works and for the manipulation of the Eastern crossbows, 
etc., which so attracted him. The Exchequer Rolls give at least one indication 
of travellers of another sort in an entry for 1195: * Cuidam feminae moranti 
apud Almanesches quae venit de ultra mare x. li. per idem breve' (i. 184). 
The phrase * ultra mare ' had almost a technical meaning, to describe journeys 
to and from the Holy Land. 

106 Communications 

Glasgow in its oldest shape, the Registrum fetus, there were certain 
entries, somewhat apart from the business of the See, which Professor 
Cosmo Innes in editing the Registrum Glasgueme in 1843 relegated to 
an appendix. Amongst them was one very interesting reminiscence of 
early medicine, and yet more interesting and mysterious there was a 
charm against colic. The latter was the subject of an essay by Dr. 
Alex. Tille, who, in Scots Lore, pp. 61-78, discussed at some length the 
significance of 'Thebal Guth Guthani,' the words of power which were 
prescribed as the posy of a ring to be used contra dolorem ylii. The former 
has apparently hitherto escaped examination. The two formulae are 
printed on p. 610 of the Registrum, and in the preface, p. liv, Professor 
Innes said of them : 

* The medical prescriptions against colic savouring shrewdly of art magical, 
and the recipe for the famous pills which the Pope Alexander himself had 
deigned to use, are at least characteristic and amusing. They are both in a 
hand as old as 1200.' 

It is the simplest way of treating the matter to reprint here the prescrip- 
tion for the pills in order to make clear what follows : 

Pilule famose. 

Pilule iste confecte fuerunt in presentia nostra quarum species electe erant 
et recentes earum uero commendationes sunt satis famose videlicet quia 
pre omnibus uisum clarificant auditum corroborant spiritualia confortant 
memoriam reparant sanitatem custodiunt regunt pre omnibus corpus 
humanum. Invenimus quod papa Alexander qualibet die eis utebatur 
earum uero recepcio talis est. Recipe calami aromatici cubebe nucis 
muscate macis spice epithimi carpobalsami squinanti masticis asari 
gariofilorum ana dragmas duas turbith colloquintide ana dragmas tres 
singulorum mirabolanorum ana dragmas ij 35 agarici sene ana vnciam 
seriis aloen citocrini ad pondus omnium. Confice. De usu uero & 
administratione istarum pilularum secundum quod experti sumus dicimus 
quod vij uel ix ad quantitatem ciceris uel pisi in nebulis de quarto in 
quartum cum omni securitate precedente vsu oximellis dare possunt. 
Quamuis quidam aliter sentiant dicentes propter exhibicionem istarum 
pilularum dietam assuetam nullatenus esse permutandam. De hora uero 
sumendi nulla sit hesitatio quia in nocte ante sompnum instantem debent 

Not rashly should the layman adventure himself among the physicians 
whether in this age or in that of the vague pontiff Alexander, who, lacking 
his due ordinal number, may be hard to determine. But the presentment 
of a variant will certainly be admissible as an inoffensive commentary on 
this prescription, and may supply the best note on the claim of the pill to 
clear the eyesight, strengthen the hearing, comfort the soul, repair the 
memory, guard the health, and, above all, regulate the human body. Its 
variety of ingredients, including calamus root, cubeb, nutmeg, gum, spike- 
nard, gillyflower, colocynth, myrobalan, agaric, senna and aloes, may be 

The Pills of Pope Alexander 107 

taken as an assurance that so many simples would probably not all be in 
vain for at least some of the complex aids of soul and body which the 
pilule was vaunted to afford. 

Written probably at a considerably later date than the Glasgow Registrum 
is a miscellany volume in my possession consisting of expositions of theology 
and canon law, on 187 folios of paper, 8^ inches by 5^ inches, ascribed by 
a former owner to the fourteenth century, 1 and probably derived originally 
from a German monastery. Prefixed is a fly-leaf, which, like the chief part 
of the first leaf, is filled with things which can scarcely be reckoned 
theology, and have nothing to do with canon law. With the fly-leaf alone, 
and only with a part of that, am I at present concerned. Its first item is a 
prescription for a most comprehensive antidote powder : Puluis optimus ad 
omnes malos humores consumendos paulatime et successive. Next comes another 
powder against flatulence and gross and phlegmatic humours, to warm the 
stomach and aid digestion. Item the third is the business of this paper, and 
here it is : 

Pilule gloriosissimi regis Cycilie quibus utebatur singulis diebus eis 
etiam utebatur papa Alexander pre omnibus visum clarificant auditum 
corroborant spiritualia confortant singulas superfluities expellunt sani- 
tatem custodiunt humanum corpus ante omnia regunt accipiantur -vij uel 
ix de tercio in tercium uel de quarto in quartum quibus faciend[is] 
omnem mutare dietam ter uel quater ducunt. Recipe Calami aromatici 
cynamonis cubebe nucis muscate spice nardi macis carpobalsami 
epythimi viole asari garifiali masticis oum z omnium mirabolanorum 
an a 3 ij turbit coloquintidis an a 3 iij sene reu barbari agarici ana 
3 ss aloes epatici uel citrioni ad pondus omnium. Confice ad modum 
pise cum oximelle uel ut melius seruetur etiam si volueris in magdalione. 

It will be at once apparent that the famous pills of Pope Alexander in 
the Glasgow Registrum and those he shared with the most glorious King of 
Sicily in my codex are the same. Yet the time-honoured privilege of 
doctors to disagree is pleasantly illustrated by the fact that the authority in 
the Registrum allowed it as a moot point whether the diet of the patient 
should be changed, whereas my prescription is definite that it should. 
Fortified by the kind advice of a distinguished member of the Medical 
Council, I am enabled to state that the pilule is, in modern medical judg- 
ment, 'a perfectly good pill.' The profusion of such active drugs as 
colocynth, senna, rhubarb (reubarbarum) and aloes must have guaranteed 
efficiency, while the mixture with oxymel no doubt helped to make the 
pea-like pilule * or, if you like, pastille ' palatable. It is right to confess 
that the process of editing this prescription has not been carried out with 
the scientific severity of actual experiment on the humanum corpus of the 

a My own opinion is that the work more probably belongs to the fifteenth 

2 This word is expuncted by being underlined. It is proper to state that 
I have extended the contractions, and that two or three words have given me 
difficulty and are uncertain. 

io8 Further Essays on Border Ballads 

There remains a slight, yet, as it proves, a by no means whimsical 
problem of date and of the identity of the * most glorious King of Sicily ' 
and the Pope, those high historic personages so strangely associated in the 
prescription for the confection of this momentous pill. The king can 
hardly have been other than William (son of Roger), King of Sicily from 
1154 until 1166, renowned in chronicle (despite his traditional name of 
William the Bad) for many victories over the Saracens, and specially and 
personally associated, as Villani and older annalists record, with the great 
Pope Alexander III. as his ally from 1161 until 1166, during the struggle 
for the papacy and against the Emperor Frederick the schism and strife 
which were to drive Barbarossa, in 1177, to that submission to Alexander 
at Venice, sometimes reckoned as a second Canossa. In 1161, when the 
great contest had just begun, and when Pope Alexander, hard pressed, was 
seeking refuge in France, it was William of Sicily whose fleet secured his 
passage and supplied him with invaluable sea power. Again, in 1165, 
when Alexander was returning to France, he betook himself to Sicily and 
the protection of William, who not only gave the venerable pontiff stately 
welcome at Messina, but sent him costly presents and furnished him with a 
noble convoy of galleys for his return to Rome. Not long afterwards, on 
30th April, 1156, William died, bequeathing to his holiness that substantial 
proof of friendship, a legacy of 40,000 sterlings. No wonder, therefore, 
that he died in good odour with the papal court, and that an old and official 
biography, the Vita Alexandra Tertii Papae (first edited by Muratori, and 
afterwards prefixed to volume CC. of Migne's Patrologia 1 ) speaks of this 
king as Gulielmus illustris et gloriosus rex Siciliae y cujus animam Domino 

Thus we may with some security conclude that the gloriosissimus rex 
Cycllie of the prescription and the gloriosus rex Siciliae of the papal biographer 
are one, and that the pills purport to have rendered corporal and spiritual 
comfort to King William of Sicily and Pope Alexander III. Perhaps the 
epilogue of history offers dubious, or at least divided, commendation to the 
pretensions of the prescription, for although the learned and forceful 
Alexander lived to a ripe old age, the pills did not avail to prevent William 
of Sicily from dying at forty-six, of dysentery. G. N. 

I scarcely think that Sir George Douglas is right in saying that the weight 
of metal is with Colonel Elliot in our discussion about Scott and the Border 
ballads. Facts have most weight, and in a little forthcoming volume, 
Sir Walter Scott and the Border Ballads, I am able to show that the facts 
are very imperfectly known to my opponent. He seems to have over- 
looked Laidlaw's evidence as to Auld Maitland, and that of Hogg's letter 

1 Patrologia, Migne, vol. 200, p. 30. For other references to this King William 
see p. 1 8. It is noteworthy that the epithet gloriosus, above applied to William 
the Bad, is never given by the papal biographer to his son William the Good, 
devotm beati Petrlfiliui rex Sicifiae. He was only a boy of 1 2 when he succeeded 
in 1 1 66. 

Saint Maelrubha 109 

to Scott of June 30, 1802, with Ritson's to Scott of June 10, 1802, and 
Hogg's holograph MS. of the ballad, addressed to Laidlaw. 

The evidence entirely clears Sir Walter from the charge of having 
been art and part with Hogg in palming off a modern imitation on the 
world, while representing it to Ellis and Ritson as a genuine antique. 
Such conduct would have been highly dishonourable. 

Evidence of the same nature a long letter to Hogg of Scott's, and 
Hogg's manuscript of the ballad of Otterburn gives the full history of 
that poem, and I show exactly how Scott edited it : what he excised, 
and what he took from Herd's and Kirkpatrick Sharpe's traditional copies, 
with one line from the old English of circ 1550. 

In the case of Jamie Telfer and Kinmont Willie, in the absence of 
manuscript testimony, I have to rely on ballad lore, on logic, and on 
literary criticism, faute de mleux. A. LANG. 

SAINT MAELRUBHA (S.H.R. vi. 260-442). The recent litigation 
concerning Dunstaffnage Castle has resulted in at least one discovery 
of no small interest, viz. in the recovery of the long-lost name and 
dedication of the small ancient chapel near Dunstaffnage, now roofless, 
where generations of the captains of that stronghold have been laid to rest. 
Interested by the difficulty there appeared to be in identifying some of the 
land names in the Dunstaffnage Infeftments, the writer of this note 
compiled three parallel lists in columns of the nine names which occur 
in precisely the same order in deeds of the years 1502, 1585 and 1609. 
In the year 1 502 * the pennyland of pengyn Kilmor * is named. In 
1585 it appears as 'the pennyland of Kilmorrie alias Clazemorrie' 
(Cladh = burying ground in Gaelic), and in 1609 it appears as the 
* pennyland of Kilmoir.' As all the other pennylands named are in 
immediate proximity to the castle, it is obvious that we have in this name 
the long-lost dedication of the ancient chapel belonging to those lands. 

* Morrie ' here conceals the famous name of S. Maelrubha, Abbat of 
Abercrossan (Applecross), who on his first coming from Ireland was the 
founder of a large number of churches in what is the modern county 
of Argyll. Mr. Archibald Scott (loc. cit.) has shown how he founded 
Kilmarow in Kintyre ; Kilarrow in Islay ; Kilmalrew in Craignish ; 
Kilmorrie in Strathlachlan on Loch Fyne ; Cill Mharu on Eilean-an-t- 
sagairt, Muckairn ; and Cill Ma'ru in Arisaig. To these I have since 
added Melfort in Argyll (vide Papal Registers), and now add as an 
eighth Dunstaffnage Chapel alias Kilmorrie. 

As Mr. Scott has already remarked, the dates of these first founda- 
tions of this great saint's apostolate lie between the years 671 and 673. 

I may add that I recently found evidence in the Argyll charter chest 
of a long-forgotten chapel dedicated to the Blessed Virgin at Carrick on 
Loch Goil, on the altar of which a certain payment of a Reversion is 
ordered to be made. It is described as in the Parish of Lochgoilshead, 
and was clearly somewhere in the neighbourhood of Carrick Castle, but 
I have not yet examined the site. 

Kilkatrine, Inveraray. NIALL D. CAMPBELL. 


DR. JAMES FEA 'OF CLESTRAIN' (Surgeon in the Royal Navy), 
author of Present State of the Orkney Islands, 1775, and Considerations on 
the Fisheries in the Scotch Islands, 1783. I should be much obliged for any 
information as to the date of death and place of interment of the above 
author. Nothing is known in Orkney beyond the fact (mentioned in 
Hossach's recent work) that he and his wife Grizel Ross purchased a house 
in Kirkwall in 1772. Presumably he did not live there long. His first 
book was published at ' Holy-Rood House,' Edinburgh, and his second one 
in London 'printed for the author at Dover J so it is stated in the title 
page. At this time he is described as late Surgeon in the Royal Navy. 

His name I find is recorded in Steel's Navy List so late as April, 1796, 
among the first list of surgeons. I know nothing of his issue beyond the 
conjecture that a Henrietta Fea, the daughter of a James Fea of Clestrain, 
is said to have been his daughter. She married William Sutherland of 
Greenwall, Jamaica, and died in 1806, the same year that she returned to 
England or Scotland. 

William Sutherland was the grandfather of the late Alexander Malcolm 
Graeme, Esq., of Graemeshall, Orkney, but no records unfortunately are 
preserved in this family to throw any light upon Dr. James Fea's place of 

There would most probably have been an obituary notice in one of the 
Edinburgh papers. 

The Doctor's father, James Fea, was first cousin to the James Fea of 
Clestrain who captured the pirate Gow in 1725. I should be glad to know 
who possesses the original letters which passed between Fea and Gow, or 
of any other Fea correspondence addressed from Edinburgh after the date 
given above. 


South Lodge, Pinner. 


Notes and Comments 

* THE Historical Association ' does good service by such leaflets as that 
issued in June (Leaflet No. 21), being * A Brief Bibliography of ..,.. 
Scottish History for the Use of Teachers.' This gives an *&i jf 
excellent general guide to historical and literary standard 
authorities. We welcome such signs of a growing attention 

to Scottish history among English teachers. 

A MOVEMENT is afoot to clear out and preserve the surviving portions of 
the ancient church of Southdean, in Jedforest, Roxburghshire. _ 
Mr. Adam Laing, 3 Bridge Street, Hawick, hon. sec. of 

the committee, is acting as treasurer. We commend the 

& - ... 

scheme altogether apart from any discussion as to whether 

Froissart's 'Zedon,' in his story of the Battle of Otterburn, was 
Southdean or was not rather, as some commentators reckon it, 
Yetholm. Mr. Laing's circular possibly takes the wisest plan of ignoring 
any division of opinion and pronounces unhesitatingly for Southdean, 
which certainly lay on the direct road for Otterburn. We trust he will 
quickly raise the jiOO required for the pious object of preserving an 
undoubtedly old and interesting church fabric. It will be time enough 
after that to discuss any problems of the itinerary of Otterburn. 

THE Newcastle Society of Antiquaries in their Archaeologia Aeliana^ edited 
by Mr. Robert Blair (Third Series, volume vi. 4to, pp. xliii, . 

302) display varied and excellent work for the year 1909. gritt* f 
Pedigrees, documents, heraldry, ecclesiology, and Roman Antiquaries 
antiquity all find solid contributions. While there are perhaps 
fewer entries than usual directly touching Scotland and the Scots, there are 
not a few which will repay examination, even when this Northumbrian 
register is looked at from the narrowest Scottish standpoint. To begin 
with, Mr. Crawford Hodgson, dealing with the ancient owners of Eslington 
near Whittingham, on the river Aln, traces the history of the family of 
Hesilrig a name always of interest to us in the North from its part in the 
story of Wallace. It is therefore with some surprise that we note the 
absence of allusion to William of Hesilrig slain at Lanark by Wallace. 
Another Hesilrig somewhat later is found to have been a victim at the 

* descomfiture ' of Stirling, meaning thereby, no doubt, the battle of 
Bannockburn. The name, we learn, was probably derived from Hazelrig, 
in the parish of Chatton, not far from Belford, Northumberland. 


1 1 2 Newcastle Society of Antiquaries 

Mr. Dendy edits a great array of extracts from the De Banco rolls, 
which must be a mine of pedigree lore for North England. About six 
hundred separate entries reveal many glimpses of litigation by border 
families from 1308 down to 1855. The list bristles with names often heard 
of in our Scottish history. In some cases both litigants are Scots, as e.g. the 
pleas in 1363 between David of Strathbogie, Earl of Athol, and Sir Adomar 
of Athol. 

No paper in the series, however, represents more creditable study than 
Mr. C. H. Blair's long and well-illustrated treatise The Armorials of 
Northumberland: An Index and Ordinary to 1 666. Numerous plates in 
colour show arms of Balliol, Fitz-Roger, Grey, and Umfraville and derivative 
shields ; there are five plates of shields ; and other illustrations are of 
armorial-bearing buildings, such as the gate towers, etc., at the castles 
of Alnwick, Bothal, and Lumley. A large body of notes is appended, 
in which we observe the suggestion regarding the well-known orle of 
the Balliols. 'This shield,' says Mr. Blair, l is possibly canting, adopted 
as a play upon their name from the similarity to the ballium of a castle.' 
A first prejudice against this suggestion may be to some degree dispelled 
by the consideration that balliolum might be a diminutive of ballium^ and 
by remembering that the old description of Carlaverock was that it was 
like a shield, for it had three sides : 

Cum nus escus estoit de taile 
Car ne ot ke trois costez entour. 

Roll of Carlaverock. 

But, notwithstanding, the canting inference seems rather a forced inter- 
pretation. On the Umfraville cinquefoil, best known to us here as borne 
by the Hamiltons doubtless a sign of cadency the suggestion is made 
that it originally denoted the herb * bennet,' anciently reputed to have virtue 
to put the devil to flight. This one does not find convincing. 

Another long paper is a fully illustrated report on the excavations at 
Corstopitum (Corbridge) for 1909. These elaborate diggings, while they 
have failed to uncover any great and decisive points of direct evidence, 
have yielded a very rich return of detail, adding to our knowledge of 
the life of a Roman garrison town, and deepening the impression of 
lengthened occupancy which all evidences, direct and indirect, unite to 
make. Mr. R. H. Forster and Mr. W. H. Knowles give a full and 
systematic statement of their work in charge of the excavations. Mr. 
H. H. E. Craster continues his methodical report on the coins, among 
which is a well-preserved medal of Septimius Severus, struck at Hadriancia 
in Hellespontus. 

Professor Haverfield summarises the smaller finds, including some pottery 
assigned to the age of Agricola, as well as more numerous fragments dating 
from the second to the fourth century. 


Scottish Historical Review 

VOL. VIIL, No. 30 JANUARY 1911 

Edinburgh in 1544 and Hertford's Invasion 1 

A CITY set on an hill that cannot be hid. Such is Edinburgh 
at this day, and such it has been since some Pictish or other 
pre-historic fortress was first built on that crag in the valley, 
which seemed to invite fortification, and whose precipitous western 
steep has from that day to this glowed in the radiance of the 
summer sunsets. On the east a ridge of land slopes down for 
about a mile till it finds level ground at the base of Arthur's Seat. 
It was on the upper part of this declivity, doubtless, that the first 
dwellings, houses we can hardly call them, were built, sheltering 
under the walls of the Castle. 

Of the development of the town we have but very scanty 
record. The houses gradually crept eastwards down the ridge, 
and the city proper ultimately ended at a gate called the Nether 
Bow Port at the bottom of the High Street. . After the founda- 
tion of Holyrood Abbey by King David I., about 1 145, the 
Augustinian canons were allowed to build a village near the 
Abbey, and this became the Canongate, stretching along the ridge 
from the gate above mentioned down to Holyrood. But for long 
Edinburgh was a frail little city ; it depended for defence 
entirely on its Castle. Even in the fourteenth century, when 
there was much desultory warfare between England and Scotland, 
Edinburgh is said to have contained only 400 houses, though 
other historians place the figures as high as 4000. Whatever 
their number may have been, their construction was of the rudest. 

1 An address delivered to the Students' Historical Society in the University 
of Glasgow, 1 8th November, 1910. 


ii4 Si r J- Balfour Paul 

The Earl of Lancaster's invasion of 1384 seems to have been 
conducted on lines of great clemency, if we are to believe the 
account given by a contemporary chronicler, that that general 
allowed the inhabitants of Edinburgh three days in which to clear 
out, which they did to such purpose, even carrying off the straw 
roofs of their houses, that when the English arrived they found 
nothing but bare walls, which, we are told, * grieved the soldiers 
not a little.' 

The next year, Froissart says, Richard II. of England came to 
Edinburgh and stayed there five days, * and at his departing it was 
set a fyre and brent up clene ; but the Castell had no hurt, for it 
was stronge ynough and well kept.' It was at this time that a 
French force arrived under the command of Jehan de Vienne, 
Admiral of France, to assist King Robert II. Edinburgh was too 
small to hold all the French knights, and, as Mr. Lang puts it, 
they were * boarded out ' from Dunfermline to Dunbar. And 
they were neither then nor on future occasions received with 
much cordiality. The typically independent spirit of the Scots 
soon showed itself, and we are told that the people * dyde 
murmure and grudge, and sayde, Who the devyll hath sent for 
them ? What do they here ? Cannot we mayntayne our warre 
with Englande well ynoughe without their helpe ? We shall do 
no good as longe as they be with us. ... They understand not 
us nor we theym ; therefore we cannot speke togayder ; they 
wyll annone ryffle and eat up alle that ever we have in this 
countrey ; they shall doo us more despytes and damages than 
thoughe the Englysshemen shulde fyght with us ; for thoughe 
the Englysshe men brinne our houses we care lytell therefore ; we 
shall make them agayne chepe ynough ; we axe but thre days to 
make them agayne, if we may gete foure or fyve stakes and 
bowes to cover them.' Sturdy Scots ! 

From all this it may be inferred that Edinburgh at this time 
was little better than a defenceless village ; but within the next 
hundred years it had improved very much. The Church of St. 
Giles, which had been burned by Richard II., was not only rebuilt, 
but liberally endowed. In 1450 the city received a charter 
from King James granting it the privilege of surrounding itself 
with a wall. This wall crossed the West Bow, then the principal 
entrance to the city from the west, ran between the High Street 
and the hollow in which the Cowgate was afterwards built, crossed 
the ridge at the Nether Bow, the eastern entrance to the town, 
and terminated at the east end of the North Loch. In 1478 the 

Edinburgh in 1544 115 

town is spoken of as a very rich place, but of course this must be 
taken in a very comparative sense. Still there had been, no 
doubt, much improvement, and the presence of the Scottish Court 
must have made money circulate to some extent and improved 
the general standard of living. After all is said, however, 
according to modern notions it must have been rather a squalid 
little town. If it was considered dirty in the eighteenth century, 
it was then much dirtier in proportion to the size of the town. 
It was, in fact, considered a dirty town even according to the 
standard of the sixteenth century, which, we may be sure, was not 
an exacting one. The poet Dunbar wrote a scathing satire on the 

It is curious to see from it that Edinburgh suffered then from 
what has been the misfortune of many Scottish towns ; buildings 
were allowed to be erected without any consideration either for 
aesthetics (though, of course, the word, if indeed the idea, was not 
then known) or public health. The ways were ankle deep in 
mud and all kinds of offal. The Church of St. Giles, then 
beginning to be quite a handsome and imposing ecclesiastical edifice, 
was spoiled by a range of buildings called the Luckenbooths having 
been built in the middle of the otherwise spacious High Street. 
In this way a filthy lane, open to foot passengers only, was formed 
between the buildings and St. Giles. This was called the Stinkin' 
Stile, and it effectually prevented, for about two hundred and 
thirty years, any view of the really handsome church being 
obtained. In addition to this the town swarmed with beggars, 
and Dunbar tells us that 

' Through streittis nane may mak progress 
For cry of crukit, blind, and lame.' 

The fatal year of 1513 brought black dismay to the capital 
when the news of Flodden was received : but the burgesses had 
the same stout hearts as of old, and immediately set about 
building a new wall to enclose the larger growth of the city. 
Starting from the Nether Bow on the east it embraced the 
Cowgate, then beginning to be built, and, on the slope of the hills 
to the south, the Priory of the Dominicans ; from there it ran 
west along the boundary of the Collegiate Church of Our Lady 
in the Fields, afterwards to be remembered as the scene of the 
Darnley tragedy ; it then passed near the Maison Dieu, or 
poorhouse, with its Chapel of St. Mary Magdalene, the only relic, 
as Mr. Bryce states in his excellent account of the wall, now 

n6 Sir J. Balfour Paul 

remaining of the Pre-reformation religious houses. It then 
enclosed the house of the Observantine Grey Friars, and turning 
sharply to the north, then west, and finally north again, finished 
its circuit at the Castle. The natural features of the locality, the 
North Loch and the marshy ground about it, were supposed to 
be a sufficient protection on the north side. Such was the area of 
the city proper in the years immediately after Flodden, and no 
important change took place in it for many years. Outside the 
Nether Port the Canongate stretched down to Holyrood, a burgh 
in its own right, with handsome houses and pleasant gardens, and 
possessing no less than three crosses, that of St. John at the head 
of the street, the Market Cross in the middle, and the Girth 
Cross near the Abbey. The Canongate had gates, but does not 
seem to have been enclosed by any wall, at all events by none of 
a defensive character. 

But we have one contemporary account which gives an idea of 
the size of Edinburgh down to within four years of Hertford's 
invasion. This was written by a native of the town, Alexander 
Alasius or Alesse, who was born about 1 500 ; as he left the 
country in 1532, owing to his having embraced the reformed 
faith, the account may not be absolutely up to date, and it is but 
a meagre one at best. He mentions Arthur's Seat, the Calton 
Hill, which he styles Collis Apri, the hill of the wild boar, and 
the Castle. The last, he says, is impregnable and inaccessible 
except from the town side ; on the rock ' vultures nidificant,' 
probably meaning hawks, and the more daring of the Edinburgh 
boys used to harry their nests. He then alludes to the Abbey of 
Holyrood, with the adjoining palace of the king lying amid 
gardens of great amenity by the side of a lake at the foot of 
Arthur's Seat. There are two large paved streets, one he calls the 
Via Regia, or High Street, and the other is evidently the 
Cowgate. After alluding to the religious houses of the Grey 
Friars, the Black Friars, the Church of St. Mary in the Fields, and 
the Trinity College Hospital, he tells us that the town was built 
not of brick but of unhewn and square stones, and with the 
pardonable exaggeration of an exiled native says that the houses 
may stand comparison with great palaces. After alluding to St. 
Giles* he comes back to the Palace of Holyrood house, which he 
describes as * amplissimus et superbissimus.' He mentions the 
Canongate as a suburb, and says that the Cowgate, now an 
obnoxious purlieu, was the residence of the rank and fashion of 
the day. 

Edinburgh in 1544 117 

It is to be regretted that our author was not gifted with a 
more graphic pen ; his description is terse and bald to a degree, 
but it is better than nothing and is valuable in a way. It can be 
supplemented by references to a very interesting plan or bird's- 
eye view of the town taken from the Calton Hill. This has 
generally been assigned to the year 1 544, and is supposed to have 
been made by some member of Hertford's invading force. Above 
Holyrood is written the words * the Kyng of Scottis palas,' a 
name which we may suppose it retained, though there had been 
no King of Scots for two years before the date mentioned. It 
represents the city stretching in two wide streets from the gate 
of the Castle, before which is a cannon, down to the Nether Port. 
St. Giles' is in the centre of the High Street, quite in its proper 
position, and the Church of St. Mary in the Fields to the south, on 
the site of the present university. Further east, on the confines of 
the town proper, is another church with a pointed steeple, probably 
that of the Dominicans or Black Friars. The Nether Port is 
shown as a handsome gate with a tower on either side, and 
beyond this, stretching down to the Palace, is the Canongate with 
trees and gardens to the south. It is curious that all the town 
within the walls is represented as having red or tiled roofs, while 
the roofs of the Canongate are coloured dark grey or slate colour ; 
it is probable, however, that this is intended to indicate that 
the houses outside the walls were thatched, and not tiled. The 
contour of Arthur's Seat and Salisbury Crags is very fairly 
delineated, the immediate foreground being taken up with the 
Calton Hill, with five divisions of Hertford's troops marching 
across it with banners flying and accompanied by twelve guns. 

Such was the town itself in the middle of the sixteenth century, 
just before the great invasion. But, we may ask, what sort of 
people lived there ? Who were the men who bought and sold, 
who loved and laughed, who fought and quarrelled in its streets ? 
To reconstruct the locality is easy enough, but to revivify the 
people is a more difficult task. It is impossible to guess with any 
certainty at the number of the population, but within its rather 
narrow limits it was a crowded town, and with all its dust and 
other disagreeables, which were not a few, it must have been a 
picturesque and stirring scene. Picturesque, that is to say, in our 
eyes, and looking at it from our point of view, for I do not 
suppose the idea of the picturesque ever entered into the heads of 
any of the inhabitants of that day. The dress of the day amongst 
the nobles and upper classes was magnificent ; one has only to 

ii8 Sir J. Balfour Paul 

read the expenses for the royal wardrobe in the treasurer's 
accounts to see what a variety of stuffs were used for dresses, and 
how handsomely they were ornamented. But all this gorgeous 
display, though it must have often lit up with flash of colour the 
darkling streets of Edinburgh, was confined to comparatively few 

No doubt a royal cortege or nobleman's retinue often swept 
down from the Castle to Holyrood with much bravery of many 
coloured silks and velvets and feathers indeed dress of this sort 
was at its best in Scotland in the early sixteenth century but the 
ordinary folks who sold butter at the tron, linen in the lawn- 
market, or who kept little shops in crazy little booths, how did 
they appear ? Rough, mannerless and somewhat coarse, no doubt, 
to our modern minds, characteristics which the march of centuries 
has not altogether removed from their successors, but sturdy, 
independent and brave; quick to quarrel, as quick to make it 
up ; fairly well off on the whole, according to the standard of the 
day, but without many luxuries. Living simply on rather scanty 
rations, dwelling in dark and dirty houses whose only light at 
night was from the primitive and evil-smelling crusie, though 
candles were not unknown. They dressed variously ; the lower 
classes probably wore a most sensible costume of tunic and belt, 
with tight hose and a flat bonnet ; but all classes above the 
actual labouring class strove to dress as well as they could. In 
the opinion of the government they dressed too well, and the statute 
book of parliament is crammed from 1429 down to near the time 
of the union with sumptuary laws restricting the right of wearing 
certain apparel to a chosen few ; but it is needless to say the laws 
were of little effect. A few years later, in 1581, it was solemnly 
decreed that considering the great abuse among subjects of mean 
estate presuming to imitate his highness and nobility in wearing 
costly clothes, no one, under the rank of nobleman or landed 
gentleman having 2000 merks or 50 chalders of yearly rent, shall 
wear cloth of gold or silver, velvet, satin, damask, taffetas, 
fringes, passments, or broiderie, lawn, cambric, or woollen cloth 
from abroad. But exceptions were made in favour of the king's 
household, judges, advocates and writers, sheriffs, magistrates and 
town councillors, heralds and macers; with charming na'ivetJ, 
however, the act proceeds to say that servants may wear their 
masters' old clothes, and women any headdress to which they 
have been accustomed. 

Whatever the details of the dress of the mid-sixteenth century 

Edinburgh in 1544 119 

may have been, they must have had the effect of brightening up 
the somewhat sombre streets of the town considerably. The 
whole scene must have been stirring : and both sights and sounds 
were typical of the time. Little smoke hung about the city ; 
coal was no doubt used to some extent, but wood, of which there 
was plenty at hand, must have been largely used; Edinburgh 
had not yet earned its sobriquet of Auld Reekie. 

Most commodities were sold in the open ; shops were compara- 
tively uncommon, though, of course, some trades required their 
booths. The ring of the sword-slipper's hammer might be heard 
issuing out of a dark shed lit by the red glow of his forge ; and 
the hollow tap of the cooper's mallet proclaimed the fact that 
beer was then the staple drink of the commons. Hatters and 
skinners had their booths near the Tron, while shoes were sold 
not far off. The flesh market was in the High Street, and 
'all paitricks, plovers, capons, conyngs, chekins, and all other 
wyld foules and tame' were sold at the Market Cross. Nearer 
the Castle, at the Upper Bow, cloth, cotton and haberdashery 
might be purchased ; at the same locality there was a tron or 
weighing machine for the sale of butter, cheese and wool, while 
on Fridays men who had to defend their country (and who had 
not in those days ?) or support the cause of their feudal lord might 
be seen wending their way to the Grey Friars to try on breastplate 
or leathern jack, or choose a serviceable ' joctoleg.' 

All through the streets there was a constant stir ; vendors 
shouted their wares, beggars whined and exhibited their sores, 
clumsy carts jolted over the rough causeway, strings of pack 
horses laden with country produce came in from the neighbour- 
ing farms, pigs ran about grubbing in the mire, and poultry ran 
hither and thither among the legs of the passengers, while you 
were lucky if you escaped a drenching from the stoups of water 
which were carried by stalwart porters from the city wells into 
the dwelling-houses in the streets and wynds. Such was the 
Edinburgh of 1 544, when the shadow of the great scourge which 
was to come lay over it. 

Some of the circumstances which led up to the invasion of 
Scotland by the English army under Hertford can be referred to 
in a few words. Those of the Scottish nobles who had been 
taken prisoner in the disastrous rout of Solway Moss paid the 
price of their liberty by agreeing to further to the utmost of their 
power the interests of the English king in their country. Henry 
desired a marriage between the infant Queen Mary and his eldest 

120 Sir J. Balfour Paul 

son, the Prince of Wales, a project reasonable enough in itself, 
but coupled with conditions that show the low morality and lack 
of patriotism of the time. Henry demanded that he should be 
acknowledged as Lord Superior of Scotland ; that all fortresses there 
should be delivered into his hands ; that the infant queen should 
be sent to England till such time as she should attain marriage- 
able age. These demands were subsequently modified to some 
extent, but they were none the less unpalatable to the Scottish 
Parliament. On the other side, Cardinal Beaton, able and un- 
scrupulous, represented the National party who supported the 
Catholic Church, while there was a strong body, which included 
the Governor Arran, who had leanings toward the reformed 
faith, and was not averse to the proposed marriage. The latter, 
however, chiefly from the inadroit way in which Henry had 
pushed his claims, did not long remain inclined to the proposi- 
tions of that monarch. 

Ultimately, though peace had been proclaimed with England, 
and it had been agreed that the English marriage would take 
place in ten years, Beaton succeeded in gaining Arran over to 
his side, and a council was appointed, the majority of whose 
members were in favour of an alliance with France. In January, 
1 544, the English lords made a hostile demonstration at Leith, 
but Arran and the Cardinal had taken their precautions. The 
rebel lords had no artillery, and their only hope was to persuade 
the Governor to come out into the open and settle the matter by 
force of arms. Arran got his artillery, or some of it, out of the 
Castle, placed it on the ridge of the High Street, and the result 
was that the English lords had practically to give up their case. 
Henry, of course, was furious ; he organized an army under the 
command of the Earl of Hertford ; the English Privy Council 
gave him orders that he was to burn and destroy, ' putting man, 
woman and child to fire and sword, without exception, where any 
resistance shall be made against you.' The upper stone of 
St. Andrews was to be made the nether, 'spare no creature alive 
therein.' The army embarked in a fleet of 200 sail at Tyne- 
mouth on ist May, 1544, thus avoiding all chance of interception 
on the Borders. But Scotland was not all unprepared. News 
of the mobilization of the English ships must have been received 
at Edinburgh some time before, as on the 2ist April messengers 
had been despatched throughout the country * charging all 
manner of men baith to burgh and land to be ready upon twenty- 
four hours warning baith to pass upon the Englischmen ' ; and 

Edinburgh in 1544 121 

two days later letters were sent to all the towns on the south 
coast of the Firth, charging the inhabitants thereof { to mak 
fowseis (or trenches) for resisting the Englishe mennis navye under 
the paine of tinsall of all their gudis ' ; and later still, on the 
ist of May, the very day of the embarkation at Tynemouth, 
summonses were sent through Fife, Forfar, Kincardine, Stirling, 
Clackmannan, and Kinross, ' charging all manner of men between 
sixty and sixteen to meet my lord Governor upon the Burgh 
Muir of Edinburgh the fifth day of May, to pas upon the 
Inglische men.' 

This was all too late : on the 3rd of May the English fleet 
arrived in the Firth. They dropped anchor opposite the Isle of 
May, landed a strong party, and burned the tower of St. 
Monans, partly destroying the beautiful church which had been 
founded by David II. in 1362 as a thankoffering for having 
been freed from a barbed arrow, according to one account, or 
for his preservation from shipwreck, according to another. They 
also took away with them some small boats which were of 
service to them when they disembarked. Proceeding up the Firth 
they came to anchor in the lee of Inchkeith. 

It is difficult to understand how the Governor and Beaton 
did not use every endeavour to dispute the landing of the English 
troops. But this chance was not taken advantage of; indeed 
not a single effort in this direction seems to have been made, 
and the English army, early in the morning of the 4th of May, 
was disembarked and safely landed in the short space of four 
hours on the coast of Wardie, a little to the east of Granton. 
The force formed itself into three divisions, and had with them 
some small pieces of artillery drawn by men, the larger guns 
being left to be landed later. The first division was under the 
command of Lord Lisle, the Lord High Admiral of England, 
the second was led by Hertford himself, while the rear guard was 
brought up by the Earl of Shrewsbury. They came to the 
little estuary of the water of Leith, and there they found their 
progress barred by the Governor with, according to a con- 
temporary English account written to Lord Russell by one of 
the combatants, five or six thousand horsemen, besides some 
infantry and some pieces of artillery. It is doubtful whether 
the Scottish forces really amounted to so large a number. Be 
that as it may, they did not distinguish themselves, and the 
whole engagement seems to have been mismanaged by the Scottish 
leaders. After a few exchanges of artillery fire the Scots broke 

122 Sir J. Balfour Paul 

and fled, with the loss of two men only, but several of their 
guns fell into the enemy's hands. It is generally said that Arran 
and the Cardinal retired to Linlithgow, but the Treasurer's 
accounts show that the former was in Edinburgh, at all events on 
the 9th, so that if he did go to Linlithgow his stay there must 
have been short. The English then proceeded to Leith without 
further opposition, though in conformity with the order issued 
by the Governor alluded to, great fowseis or trenches had been 
dug to defend it. If we are to believe Knox they must have 
arrived at a most comfortable time for themselves. They had 
landed at high water early on Sunday morning ; the march to 
Leith did not take long, even allowing for the feeble attempt 
at opposition. Accordingly it was between twelve and one o'clock 
when they entered the town, and there, we are told, they l fand 
the tables covered, the dinnaris prepared, such abundance of 
wyne and victuallis besydes the other substances, that the 
lyck ritches were not to be found either in Scotland or in 
England.' So says Knox, but I am afraid his language is 
that of great exaggeration ; he always lays on his colours with 
a heavy brush. Leith was not such a very wealthy or important 
place in those days, and it is hardly likely that the good folks who 
inhabited the town would prepare their Sunday dinners as if 
everything was going on as usual, seeing they must have observed 
the passage of the fleet up the Firth and have heard the artillery 
firing before the enemy passed the river. But it is curious 
to note that the English chronicler of the invasion says that 
Leith was found 'more full of riches than we thought to have 
found any Scottish town to have been.' 

The next day, Monday, was chiefly taken up in landing the 
big guns and stores from the ships which were brought into the 
New Haven. The day following, Tuesday, leaving Lord Sturton 
with 1500 men in Leith, the English commander began his 
march on Edinburgh. He probably took the line of what is now 
termed the Easter Road, and proceeded over the Calton Hill. 
We know this because the army is represented as crossing this 
hill in the old map of Edinburgh to which I have alluded. 
The inhabitants of the town had rallied under the leadership 
of the Provost, Sir Adam Otterburn of Redhall ; a trumpet was 
sent out of the town demanding speech with Hertford, and 
shortly after Otterburn, accompanied by a few of the burgesses 
and two or three officers of arms (perhaps the great Sir David 
Lindsay, who was then Lyon, was one) came out and informed 

Edinburgh in 1544 123 

the general that the keys of the town should be delivered to 
him on condition that the inhabitants might go with bag and 
baggage and that the town should be saved from fire. Hertford 
replied in very truculent terms, and ended by saying that ' unless 
they would yield up their town unto him frankly, without 
conditions, and cause man, woman and child to issue into the 
fields, submitting themselves to his will and pleasure, he would 
put them to the sword and their town to the fire.' The plight 
of the burgesses was indeed a sorry one ; they were deserted by 
their leaders, and had only the Castle to depend upon for 
protection. In these circumstances the answer of the Provost 
deserves to be remembered for all time. ' It were better,' said 
he, ' to stand to their defence than to yield to that condition.' 

This account is directly contradictory of another written by a 
Scots author, which does not attribute to the Provost such 
gallant conduct. In it we are told that the ' toun of Edinburgh 
came furth in the sicht ' of the English, * but the Provost, Mr. 
Adam Otterburn, betrait them, and fled hame.' It is impossible 
to say which is correct, but I should like to believe in the English 
version ; and I think had the Provost played so despicable a part 
we should have heard of it from the enemy, who loses no oppor- 
tunity of chronicling Scottish cowardice. 

Hostilities were then begun in earnest. The English account 
says that the Lords Bothwell and Home had entered the town 
with 4000 horse; but, not liking the situation, had incontinently 
galloped out again. As, however, Bothwell was one of the 
principal intriguers with the English, this is hardly likely to have 
happened. The English seem first to have attempted to pass 
through the Leith Wynd Port, which was not one of the gates of 
the city, but was at the end of the wynd which led up alongside 
the eastern wall of the town to the Nether Bow Port. In this 
attempt they were unsuccessful ; so, wheeling to the east, they 
marched round to the Watergate, at the end of the Canongate, 
near Holyrood. There they met with no resistance, so they 
poured in, hauling their guns up the Canongate, not, however, 
without some loss, as some cannons had been brought out of the 
Castle and mounted in the High Street. According to the 
English account, the vanguard of their army did not wait for 
the artillery to be brought up, but assailed the Nether Bow Port 
sword in hand, drove the town's gunners from the embrasures on 
the wall, and kept up such a hot fire with their archers and 
arquebusiers that they checked all defence and allowed time for a 

124 Sir J. Balfour Paul 

battery to be set up over against the gate, which gave way under 
three or four discharges from the guns. The enemy then rushed 
in, and a hand-to-hand fight in the streets took place. The loss 
on both sides must have been severe. The English claim to have 
killed 300 or 400 men whom they found in arms, but they did 
not escape scatheless themselves, as the citizens sold their lives 
dear. One personal incident in the struggle has come down to 
us. David Halkerston of that ilk stood at the entry of that wynd 
which for 300 years bore his name, and fell, sword in hand, doing 
his best for the town of which he was a distinguished burgess. 
He and many more cannot but have given a good account of 
their prowess, and must have inflicted considerable loss on the 
invaders. But they were overborne by force of numbers, and by 
the trained and disciplined troops of Hertford. Meanwhile the 
Scottish artillery had been withdrawn within the walls of the 
Castle, which, under the command of the valiant Captain Hamilton 
of Stanehouse, kept up a steady fire down the High Street. 
But the English managed to get their guns as far as the Butter 
Tron, at the top of the Lawnmarket, and from there shot at the 
Castle ; but one of them was dismounted by the Castle fire, so, in 
the gloaming of the day, they sullenly withdrew, not without 
setting fire to the city in several places. 

We can well imagine the consternation which must have 
prevailed in the town during this fateful day. We have no 
record as to whether there was much slaughter of the non- 
combatant inhabitants. No doubt Henry's savage instructions 
had been to put man, woman and child to the sword, where 
there was any resistance. But, on the other hand, the English 
chronicler of the incursion says nothing about a massacre of the 
unarmed inhabitants; he only states that they slew 300 or 400 
of those whom they found armed. No historian, in fact, either 
English or Scottish, makes any mention of a general slaughter. 

What probably occurred was this: as the Edinburgh people 
beheld the English forces on that May morning defiling over the 
shoulder of the Calton Hill, or even on the day before, when they 
heard of the reverse which the Governor and his troops had 
sustained in the pass of the Water of Leith, it is likely that the 
women and children, and all who were physically capable of 
moving, seized what of their possessions they could carry, or, if 
they had horses, loaded them and made the best of their way out 
of the city towards the west and south. What a procession it 
must have been ! The old and sick in what carts could be 

Edinburgh in 1544 125 

pressed into the service ; the women and children carrying what 
they could a mattress, a cooking pot, a bag of oatmeal, a few of 
the more valued and most portable of their household gods. 
Some would take their way along the edge of the swampy ground 
that led to the lake and village of Corstorphine, guided, if night 
overtook them on their journey, by the lamp which was placed 
on the end of the old Collegiate Church there, where the 
Forrester tombs, still existing, were already placed ; others would 
strike further south, and go up the wooded banks of the Water 
of Leith and through its deep depths to the little village of 
Colinton, or, as it was then called, Hailes. Among these fugitives 
were likely to be seen the family of the Provost, Sir Adam 
Otterburn, whose place of Redhall was close by. Many of the 
fleeing crowd would go still further and seek in the green vales of 
the Pentlands that shelter and safety which was denied them 
nearer home. All this is a mere theory, but probably some- 
thing of the sort took place. The crowd, in thus flying from 
the doomed town, were in no great danger. The English 
were strangers to the country, and, even had they so desired, 
would have found some difficulty in pursuing them. To 
the north of the town, the side from which the English 
approached, the North Loch and marshy ground effectually 
prevented any advance ; while to the west the same conditions of 
morass and swamp prevailed, rendering any pursuit difficult, if 
not impossible, except for those who knew the narrow and 
perilous ways, and had used them from infancy. 

All night long the rising flames from the blazing town lit up 
the darkness. The next day and the next and the day after that 
there came bands of English from the camp at Leith, c and began 
where they left off,' burning and plundering till the sack of the 
city was complete. It is needless to say that Holyrood did not 
escape. The Abbey Church was more or less destroyed and 
ruthlessly ravaged. Amongst the loot then carried off two 
articles can be traced. Sir Richard Lea of Sopwell, who appears 
to have been in command of the English pioneers, and as such 
particularly responsible for the general destruction which occurred, 
carried off a brazen font and the beautiful lectern of the Church. 
On the former he caused an arrogant inscription to be engraved, 
of which the following is a translation : 

( When Leeth, a toune of good account among the Scots, and 
Edinburgh their cheefe Cittie, were on a fire, Sir Richard Lea, 
knight, saved me from burning and brought mee into England. 

i 2 6 Sir J. Balfour Paul 

And I beeing mindfull of this so great a benefit, whereas before 
I was wont to serve for the baptising of none but Kings children, 
have now willingly offered my services even to the meanest of 
the English nation Lea the victor would have it so. Farewell. 
In the year of our Lord 1 544 and the reign of King Henrie the 
Eighth 36.' 

The font and lectern were both presented by him to the 
Church of St. Albans, Hertfordshire. The font, originally a 
gift to Holyrood of Abbot Bellenden, was destroyed in the 
English civil wars and melted down. The lectern, however, still 
remains at St. Albans. It consists of a brass pillar with mould- 
ings, on the top of which is a ball surmounted by an eagle with 
outstretched wings. Its total height is five feet seven inches, and 
the spread of the eagle's wings is almost two feet. It is a very 
handsome piece of ecclesiastical furniture, and its connection with 
Holyrood is proved by the occurrence on it of four shields, each 
charged with a lion rampant, of a bishop's mitre and crosier, and 
of the words Georgius Crichton, Episcopus Dunkeldensis. 

Crichton was provided to the Abbey of Holyrood so early as 
1500, and was appointed Bishop of Dunkeld on or before 1526. 
He must have presented the lectern to his old Abbey after he 
became Bishop of Dunkeld. It is impossible that the English 
can have taken it from the latter place, as they were never so far 
north, so that it is practically certain that the lectern belonged to 
Holyrood. The Bishop had a house or official residence in 
Edinburgh on the south side of the Cowgate, so that no doubt 
he often attended the services in his old church, and took a 
continued interest in it. He was fortunate in not living to see 
the spoliation of his gift, as he died in the January previous to 
the English invasion, a very aged man. The King's Palace did 
not escape from the general ruin, and it is said that Norris of 
Speke Hall, Lancashire, carried off the books from the library 
of James V., including four large folios, said to contain the 
Records and Laws of Scotland at that time. But though there 
are entries in the Treasurers' accounts of various books having 
been supplied to the Scottish kings, I do not know that any of 
them, save perhaps James I., and in a lesser degree James IV., 
were of a very literary turn of mind or accumulated much of 
a library. 

Notwithstanding all this wanton destruction, Scotland's cup of 
bitterness was not yet full. There being nothing more left to 
destroy in Edinburgh save the Castle, which proved too strong 

Edinburgh in 1544 127 

a nut for the invaders to crack, they, being reinforced by 4000 
light cavalry which had arrived from the Borders, turned their 
attention to the surrounding country, which, according to the 
English accounts, they devastated within a radius of seven miles, 
and left ' neither pile, village, nor house standing unburnt.' 
Corn and cattle were carried off, and much of the stuff which 
the flying inhabitants had carried out of the town. An absolute 
rot seems to have set in amongst the Scots. The beautiful and 
strong castle of Craigmillar which, it might be thought, was 
capable of strenuous defence was, we are informed by a Scottish 
chronicler, ' hastilie geven to the English, promesand to keep 
the samyne without skaith : quhilk promeis thai break and 
brunt and destroyit the said hous.' But this was only one 
item in the wholesale destruction that went on ; there is a list 
of some thirty-three towns, or castles, or houses, which were 
devastated at this time. 

Having done as much mischief as they could, the English 
force at last prepared to leave. As a final piece of brutality 
they broke down the pier of Leith * and burnt every stick of 
it.' They carried off the * Salamander ' and the * Unicorn,' two of 
the best ships in the small Scottish navy ; they loaded other 
prizes besides their own boats with booty, and letting them sail 
away, prepared to return south by land. Meanwhile the whole 
of the country on both sides of the Firth had been ravaged, 
the fortress on Inchgarvie destroyed, and all the boats either 
burned or taken away. Finally, on I5th May, Leith was given 
over to the flames, and the army began their march south. 
Coming to Seton they burned Lord Seton's house there, ' which 
was right fair : and destroyed his orchards and gardens which 
were the fairest and best in order that we saw in all that country.' 
It is, perhaps, doubtful whether this was the Seton Palace near 
Tranent or another seat of the family, Winton Castle. The 
latter was built by that George, Lord Seton, who died in 1508 ; 
he was a great horticulturist and the flower beds in the garden 
were surrounded by a hundred painted wooden towers or temples 
surmounted by gilt balls. A historian of the family says that 
in the garden * I have seen fyve scoir torris of tymber about the 
knottis of the flouris : ilk ane twa cubite of hicht, haveand twa 
knoppis on the heid ane above ane uther, als grit even-ilk ane 
as ane rowboull overgilt with gold : and the schankis thairof 
paintit with divers hewis of oylie colours.' 

Haddington met with the same fate ; Dunbar seems to 

i 2 8 Sir J. Balfour Paul 

have attempted some resistance, but their fate was even worse. 
Having watched for the enemy all night, and perceiving them 
in the act of breaking up their camp in the morning, the inhabi- 
tants thought themselves safe and went to bed ; but a force was 
detached from the English army, and succeeded in setting fire 
to the town, and * men, women and children were suffocated 
and burnt.' 

On the morning of the i jth May, in a thick easterly ' haar,' 
the English found themselves at Pease Pass and discovered that 
it was held in force by a party of Scots under the Earls of 
Buccleuch, and Home, and Lord Seton. Here at last, one would 
have thought, was a chance for the Scots. What really happened 
we do not know ; we have only the English account of it. 
According to that their army calmly waited for the weather to 
clear, which it did about two in the afternoon, and then set 
forward in battle array. Far from meeting any determined 
resistance, it seems that the Scots abode but two shots of a 
falcon, and then scaled every man his own way to the high 
mountains, which were hard at their hands, and covered with 
flocks of their people. We are told that the pass was so narrow 
that notwithstanding the fact that there was no resistance, the 
English army took three hours to defile through it. The 
paralysis of the crowds on the surrounding heights is incredible 
and inexplicable. Having got through that dangerous passage 
the army had nothing further to fear, and after doing some 
further damage in the destruction of the tower of Renton they 
arrived at Berwick, where they were met by the ships which had 
sailed round from Leith. 

So this particular invasion of Scotland ended. It was not to 
be the last, if perhaps it was the worst. In the words of a modern 
historian * unless we may find some parallel in Tartar or African 
history to the career of this expedition, it will scarce be possible 
to point to any so thoroughly destitute of all features of heroism 
or chivalry.' According to the English account, the total loss in 
their army was under forty. What it was on the Scottish side is 
impossible even to guess at, but it must have been very large, 
and included not only fighting men, but women and children. 
The loss of life must have been great, but the wanton destruction 
of property must have been greater still. The burnt lands lay 
untilled and uncared for for years. The only things that escaped 
complete destruction were the churches, which generally seem to 
have been let alone. St. Giles' does not appear to have been 

Edinburgh in 1544 129 

harmed. Newbattle Abbey was, however, burned, but its ruin 
cannot have been complete, as three years afterwards it was 
the meeting place of a convention held by the Queen Dowager. 
St. Monans in Fife suffered a good deal, and the nunnery at 
Haddington was burned. 

But the end was not yet. Scotland was still to suffer much 
from the fury of the English king ; and only a month after 
Hertford's return to England another expedition under Sir Ralph 
Evers harried the Borders, captured and garrisoned the Abbey 
of Coldingham, burnt Jedburgh and destroyed Melrose, and 
generally worked havoc in the country. But in February, 1 544~5> 
the Governor and Angus got together a sufficiently large force, 
met the English near Jedburgh, at Lilliart's Cross, or as it is 
more frequently called, Ancrum Moor, and inflicted a crushing 
defeat on them, the leaders, Sir Ralph Evers and Sir Brian 
Layton, besides many other leading Englishmen, being killed in 
the engagement. Arran and Angus, it is said, overcome with 
joy, fell weeping into each other's arms. 

Subsequent events are not within the scope of this paper the 
coming of the French allies, the disastrous battle of Pinkie, and 
the peace that closed a nine years' war in 1550. It left Scotland 
exhausted and embittered to a terrible degree, bitterness which 
had showed itself in some regrettable acts of brutality in the 
Border fighting. But Scotsmen had suffered dreadfully. Border 
warfare there always was, but it was conducted on understood 
principles, and there was very little personal feeling about it. 
The various English expeditions, however, changed all that, and 
both invaders and invaded became savage in their warfare. 

Scotland suffered as she did during this period because she was 
not true to herself. Her leaders were divided into two parties. 

On the one side were the English lords, as they were called, 
who were prepared to carry out Henry's scheme as to the 
marriage of the infant queen, if not to go further and acknow- 
ledge his arrogant claims to the suzerainty of the country. It is 
possible to understand their view : the marriage between the 
queen and an English prince would unite the country under one 
crown, and was in itself commendable, especially when considered, 
as we can, in the light of subsequent events ; and as to Henry's 
claim to suzerainty, such of the Scottish nobility as had been in 
England, and many of them had as prisoners of war, must have 
been struck with the prosperous, orderly, and settled state of the 
country, where both lordly castle and peaceful grange had an air 

130 Sir J. Balfour Paul 

of fixity and comfort which was sadly absent in the faction-rent 
country of their birth. They may have argued, Better a settled 
government under a strong king than independence with the 
ever-present fear of finding your house beset by enemies and 
your roof tree blazing overhead. All this may have been wrong, 
was indeed wickedly and traitorously wrong in the eyes of many 
of their countrymen ; but it is understandable. 

On the other side, there was a strong patriotic party, the 
position taken up by which, with regard to the proposed marriage 
of their queen with the English prince, is well illustrated by a 
conversation which has been recorded between Sadler, the English 
ambassador, and Sir Adam Otterburn, the Provost of Edinburgh, 
at one time King's Advocate, and reputed to be one of the wisest 
men in Scotland. Sadler was discoursing on the benefits which 
would ensue to the two kingdoms if the marriage took place, 
when Otterburn interrupted him by asking : c Why think you 
that this treaty will be performed ? ' ' Why not ? ' said Sadler. 
* I assure you,' replied Otterburn, * it is not possible, for our 
people do not like it. And though the Governor and some of 
our nobility, for certain reasons, have consented to it, I know 
that few or none of them like it ; and our common people utterly 
dislike it.' Sadler said he could not understand this, considering 
that God's providence had given England a young prince and 
Scotland a young princess, by whose union in marriage * these 
two realmes, being knytte and conjoyned in one, the subjects of 
the same, which have always been infested with the warres, myght 
live in welth and perpetual peas.' ' I pray you,' Otterburn 
replied, 'give me leave to ask you a question : If your lad were 
a lass, and our lass were a lad, would you be so earnest in this 
matter ? Could you be content that our lad should marry your 
lass, and so be king of England ? ' Said Sadler : * Considering 
the great good that might come of it, I should not show myself 
zealous for my country if I did not consent to it.' * Well,' said 
Otterburn, 'if you had the lass and we the lad, we could be 
well content with it, but I cannot believe that your nation would 
agree to have a Scot to be king of England. And, likewise, I 
assure you that our nation, being a stout nation, will never agree 
to have an Englishman to be king of Scotland ; and though the 
whole nobility of the realm would consent to it, yet our common 
people and the stones in the street would rise and rebel against it.' 

Such were the principles of the great mass of the Scottish 
people. Flodden had not crushed them, and they were as deter- 

Edinburgh in 1544 131 

mined as ever to be independent of the southern kingdom. At 
the head of the patriotic party was the great Cardinal Beaton 
the infamous cardinal, if you like to call him so fighting, no 
doubt, in his own interests and in those of the Church, of which 
he was certainly no ornament. But he was at the head of the 
national party, and the nation, you will remember, had not yet 
broken from the old Church. His associates were determined 
that, come what might, Scotland would not subject herself to the 
rule of an alien king ; and they opposed strenuously, to the best of 
their power, all his schemes, and spurned all projects of ultimate 
union between the two countries. He was backed up, as Mr. 
Andrew Lang points out, by the patriotic feeling of the great 
mass of the people, by the influence of the Queen Dowager, by 
the tradition of the country, and he could rely on the support of 
France for whatever that was worth. In resisting the English 
claims, we may at least give him credit for unrivalled tenacity, 
unwearying resolution, and great political courage. He had 
much against him, but he won in the end. But it was the last 
fight of the old faith. Soon the country adopted the principles of 
the Reformation, which lives like his did much to bring about. 
The union of the crowns came in the natural course of events. 
Scotland, ' under God's providence,' as Otterburn expressed it, 
instead of being put under the foot of an English king, gave 
hers to England. So the way was opened to the more modern 
history of our great kingdom. 


Jacobite Songs 

THE little collection of Jacobite songs here reprinted is 
only known to exist, as far as I can learn, in a single 
copy, now in the Library of the British Museum. The verses are 
more rude but more vigorous than those in Loyal Songs (1750), 
published without printer's name or name of place : that volume 
is not very scarce. It will be observed that many of the most 
poetical Jacobite verses, such as ' It was a' for our rightful 
king,' appear neither in the printed collection of 1750 nor in 
that of 1779. Burns, Lady Nairne, and other singers represent 
merely sentimental and hopeless Jacobitism ; while several pieces 
in our collection are later modifications of verses sung in honour 
of James III. and VIII. The latest here is doubtless the third, 
of 1772, the date of the marriage of Charles III. to Louise of 
Stolberg. The collection does not contain the Jacobite version 
of Auld Lang Syne. 

The Notes offer more particular remarks : I may here repeat 
that, while comparing The True Loyalist with Hogg's versions 
and notes in Jacobite Relics, I have been confirmed in my opinion 
that Hogg was, as in the case of what he gathered in the way 
of ballads for Scott, a much more honest editor than he is 
commonly supposed to have been. 

A collection of Jacobite contemporary songs in Gaelic, with 
literal translations in prose, down to the beautiful Lament on 
the death of Charles, would be of much literary interest. From 
the few examples which friends have translated for me, I am 
led to suppose that the Celtic Muse is much more poetical 
than that of the * Eminent Hands ' who contribute to The 
True Loyalist. 


Jacobite Songs 133 











(To the Tune of The Mulberry Tree) 

YE true sons of SCOTIA together unite, 
And yield all your senses to joy and delight ; 
Give mirth its full scope, that the nations may see 
We honour our standard, the great Royal Tree : 

All shall yield to the Royal Oak Tree : 

Bend to thee, 

Majestic tree ! 

Chearful was He, who sat in thee. 
And thou, like him, thrice honoured shall be. 

When our great Sov'reign C s was driv'n from his throne, 
And dar'd scarce call the kingdom or subjects his own, 
Old Pendril, the miller, at the risk of his blood, 
Hid the King of our isle in the king of the wood. 

All shall yield, etc. 

In summer, in winter, in peace, or in war, 
'Tis acknowledg'd, with freedom, by each British tar, 
That the oak of all ships can best screen us from harm, 
Best keep out the foe, and best ride out the storm. 

All shall yield, etc. 

134 Andrew Lang 

Let gard'ners and florists of foreign plants boast, 
And cull the poor trifles of each distant coast ; 
There's none of them all from a shrub to a tree, 
Can ever compare, great Royal Oak, with thec. 

All shall yield, etc. 

[Hogg gives, in Jacobite Relics, Series i. p. 10, a copy all but identical with this 
version. ' It was taken from a curious collection of ancient MS. songs in the 
possession of Mr. D. Bridges, Junior, of Edinburgh. It is probably of English 
origin. . . .' For 

' Honoured was he who sat in thee,' 
our version has ' Chearful.' There are slight variations in Stanza HI.] 


ON a bank of flow'rs on a summer's day, 

Where lads and lasses met ; 
On the meadow-green, each maiden gay, 

Was by her true-love set ; 
Dick fill'd his glass, drank to his lass, 
And C 's health around did pass : 

Huzza! they cry'd, and a' reply* d, 
" The Lord restore our Kg." " 

To the King, says John : Drink it off, says Tom, 

They say he's wond'rous pretty : 
To the Duke, says Will : That's right, says Nell : 

God send them home, says Betty : 
May the Pow'rs above this crew remove, 
And send us here the lads we love : 

Huzza/ they cry'd, etc. 

The liquor spent, to dance they went ; 

Each youngster chose his mate : 
Dick bow'd to Nell, and Will to Moll ; 

Tom chose out black-ey'd Kate. 
Name your dance, says John; Play it up, says Tom, 
May the King again enjoy his own : 

Huzza! they cry'd, etc. 

G e must be gone, for he can't stay long, 

Lest cord or block should take him ; 
If he don't, by Jove, and the Pow'rs above, 

We're all resolv'd to make him : 
Young G e too must his dad pursue, 
With all the spurious plund'ring crew : 

Huzza! they cry'd, etc. 

Jacobite Songs 135 

[Hogg (Relics, i. 49) has a version with historical differences. In Stanza i. Jamie's 
health, not Charlie's, is drunk. In the second stanza they drink to the Queen 
and the Prince ; in ours to the King and the Duke. Hogg's lines apply to 
James VII., Mary of Modena, and the Prince of Wales ; ours to James VIII., 
Prince Charles, and his brother Henry, Duke of York. Our final stanza, on 
George I. and his son, is not in Hogg, whose version is obviously earlier than 
the accession of the House of Hanover. Hogg's is the version in A Collection of 
Loyal Songs, printed in the year 1750.] 

(September 2i//, 1772) 

Do thou, my soul, with steady patience wait, 
'Till God unvail his firm resolves of Fate : 
Then C s shall reign, possess'd of ev'ry grace, 
And fair L a brighten ev'ry face 
With rising branches of a royal race. 

Fly hence, despair ! thou bane of happiness ! 
Let chearing hope each faithful heart possess : 
Toss round the glass with joyous mirth and mein, 
And gladly sing, God save the King and Queen : 
Bless them with children virtuous and fair : 
May they be ever heaven's peculiar care. 

[The birthday apparently of Louise of Stolberg, wife of Charles III.] 


(Tune : An thou wert mine aln thing) 

DIVINELY led thou need'st to be, 
Else you had ne'er come o'er the sea 
With those few friends who favour'd thee, 
And dearly they did love thee. 

Thy fortitude sure none can shake ; 
A crown and glory is thy stake ; 
And God thy trust, who soon can make, 
Ev'n they who hate thee, love thee. 

Fame shall reward thy clemency, 
Whilst Gladsmuir-green is near the sea ; 
And the triumphant victory 
Gain'd by the Clans that lov'd thee. 

Go on, great P ce, ne'er fear thy foes, 
Though hellish plots they do compose ; 
The gods themselves do them oppose, 
And smile on those who love thee. 

136 Andrew Lang 

Thy great ancestors do look down 
With joy to see themselves outdone 
By a young Hero of their own, 
Begetting who's most lovely. 

O happy Scotland ! shall thou be 
When Royal J s reigns over thee, 
And C s, our P ce, who favours thee, 
And dearly ay will love thee. 

[This was apparently composed in the hopeful period between Preston Pans and 
the Retreat from Derby.] 


THOUGH G die reigns in J ie's stead 

I'm griev'd, yet scorn to shew that ; 
I'll ne'er look down, nor hing my head 

On Rebel W gs for a' that ; 
But still I'll trust in Providence, 

And still I'll laugh at a' that ; 
And sing, He's o'er the hills this night 

That I love weel for a' that. 

He's far 'yont Killebrae this night 

That I love weel for a' that ; 
He wears a pistol on his side, 

Which makes me blyth for a' that : 
The highland coat, the philabeg, 

The tartan-trouze, and a' that, 
He wears, that's o'er the hills this night, 

And will be here for a' that. 

He wears a broad-sword on his side, 

He kens weel how to draw that ; 
The target, and the highland plaid, 

And shoulder-belt, and a' that : 
A bonnet bound with ribbons blue, 

A white cockade, and a' that, 
He wears, that's o'er the hills this night, 

And will be here for a' that. 

The W gs think a' that Willie's mine 

But yet they maunna' fa' that ; 
They think our hearts will be cast down, 

But we'll be blyth for a' that, 
For a' that, and a' that, 

And thrice as meikle's a' that ; 
He's bonny that's o'er the hills this night, 

And will be here for a' that. 

Jacobite Songs 137 

5ut, O ! what will the W gs say syne, 

When they're mista'en in a' that, 
When G die maun fling by the crown, 

The hat, and wig, and a' that ; 
The flames will get baith hat and wig, 

As oft times they got a' that : 
Our highland lad will wear the crown, 

And ay be blyth for a' that. 

And then our brave militia lads 

Will be rewarded duly, 
When they fling bye their black cockades, 

That hellish colour truly. 
As night is banish'd by the day, 

The white will drive awa' that ; 
The sun will then his beams display, 

And will be blyth for a' that. 

[Hogg's version (Relics, ii. 56) 'is copied from Mr. Moir's MSS.' There are 
considerable variations throughout : our version has six stanzas, Hogg's only five. 
The version in Loyal Songs (1750) is more akin to Hogg's. The period is 
after the Retreat from Stirling, possibly after Culloden.] 


(Tune : To ease his heart, and own his shame) 

THE P ce did venture once to land, 
With seven under his command, 
For to conquer Nations three ; 
That's the man shall govern me. 

Justly may he claim the crown 
His brave ancestors wore so long ; 
Though they thought fit to banish thee, 
The Restoration I hope to see. 

It was a curs'd usurping crew 

That from the true K g took his due, 

And sent him far across the sea ; 

J s the Seventh, the same was he. 

They J s the Seventh away did send, 
How could that infant them offend ? 
That he too banished must be, 
To 'reave my native P ce from me. 

But his brave son in battle bright 
Shall recover what's his right ; 
All the Clans shall fight for thee ; 
Glorious C s shall govern me. 

138 Andrew Lang 

Fierce as a lion uncontrol'd, 
As an angel soft and kind, 
Merciful and just is he ; 
Glorious C shall govern me. 

[This appears to be a version of Hogg's second set of To daunton me (Relics, 
ii. 87). For our first verse the last four lines of Hogg's first stanza give 

* At Moidart our young Prince did land, 
With seven men at his right hand, 
And a' to conquer kingdoms three, 
That is the lad shall wanton me ! ' 

Hogg's third set is by far the best and most poetical. All forms show the 
variations which are the note of popular songs and ballads. Hogg's third set, 
if merit be a test of age, ought to be the oldest. It has no reference to Prince 
Charles, King James is the expected hero, and 1688 and 1689 are fresh in 
the poet's memory. 

* To daunton me, to daunton me, 

D'ye ken the thing that wad daunton me? 

Eighty eight and eighty nine. 

And a' the dreary years sinsyne, 

With cess, and press, and Presbyt'ry ; 

Gude faith, this had like to daunton me. 

But to wanton me, to wanton me, 

D'ye ken the thing that wad wanton me ! 

* To see gude corn upon the rigs, 
And banishment to a' the Whigs, 1 

And right restored where right should be ; 

O, these are the things that would wanton me. 

But to wanton me, to wanton me, 

And ken ye what maist wad wanton me ? 

To see King James at Edinburgh cross, 

Wi' fifty thousand foot and horse, 

And the usurper forced to flee ; 

O, this is what maist wad wanton me ! 

From this version, obviously the oldest, the three others have, in most stanzas, 
departed for the worse.] 


OF all the days that's in the year, 
The Tenth of June I love most dear, 
When roses and ribbons do appear; 
Success to young Jamie the Rover. 

Fal deral, etc. 
1 Various reading : * And a gallows built to hang the Whigs.' 

Jacobite Songs 139 

All in green tartan my love shall be drest, 
With a diamond star upon his breast, 
And he shall be reckon'd as one of the best ; 
Success to young Jamie the Rover. 

Fal deral, etc. 

As I came in by Lanark town, 

The drums they did beat, and the trumpets did sound, 

The drums they did beat, etc., 

To welcome young Jamie the Rover. 

Fal deral, etc. 

There's some who say he's bastardly born, 
And others who call him a bricklayer's son ; 
But they are all liars, for he's the true son 
Of him call'd Jamie the Rover. 

Fal deral, etc. 

There is in London a huge black bull, 
And he would devour us if he had his will, 
But we'll toss his harns out over his skull 
And drive the old dog to Hanover. 

Fal deral, etc. 

I need not wonder at Nature's change, 
Though he abroad be forced to range, 
I'll find him out where'er he remains, 
Young Jamie you call the Rover. 

Fal deral, etc. 

To foreign lands I'll straight repair, 
There to find out my dearest dear, 
For he alone is all my care 
Young Jamie you call the Rover. 

Fal deral, etc. 

In his Royal Arms I'll lay me down, 
In remembrance of the Tenth of June, 
And all my pleasure I will crown 
With Jamie you call the Rover. 

Fal deral, etc. 

Though all my friends should me despise, 
Yet to his praise my voice I'll raise, 
For he's a jewel in my eyes, 
Young Jamie you call the Rover. 

Fal deral, etc. 

140 Andrew Lang 

J. and S. I must confess 
The thistle and crown, his motto is ; 
Of all the swains he deserves the praise, 
Young Jamie you call the Rover. 

Fal deralj etc. 

[Hogg has a version of this pleasant song for the White Rose king. His first 
verse, in the second three lines, reads 

* In tartans braw our lads are drest, 
With roses glancing on the breast.' 
Where ours has 

'All in green tartan my love shall be drest, 
With a diamond star upon his breast.' 1 

In Hogg, * Auchindown ' takes the place of our ' Lanark town ' (a Whiggish and 
Covenanting centre). Auchindown, says Hogg, is a ruined castle in Glen 
Fiddorn, in Banffshire, a Jacobite place mentioned in another song : 

' At Auchindown, the tenth of June, 
Sae merry, blythe, and gay, sir ! ' 

This song (ReRcs, i. 80) is, in the last stanza, of the later Jacobite period. The 
poet is ready to fight for 

* Our Jamie and our Charlie.'' 

Our Jamie the Rover is of the period of the youth of James III. and VIII. , and, in 
fact, appears to regard James II. and VI. as ' Jamie the Rover.' 
Hogg, as to * the great black bull,' reads : 

'We'll twist his horns out of his skull,' 
whereas our text has 

4 But we'll toss his hams out over his skull,' 

* hams' meaning brains. 

Both versions are contaminated by references to ' the old rogue ' or ' old dog ' 
in connection with Hanover. In short, we have here variants of a song perhaps 
dating from 1716, but altered in various ways to suit new circumstances, and 
arranged by singers or copyists.] 


PR CE C s is come o'er from France, 

In Scotland to proclaim his daddie ; 
May the heav'n's pow'r preserve and keep 

That worthy P ce in's highland plaidie. 

O my bonny, bonny highland laddie, 

My handsome, charming highland laddie, 

May Heav'n reward, and him still guard 

When surrounded with foes in's highland plaidie. 

1 The king himself. 

Jacobite Songs 141 

First when he came to view our land, 
The graceful looks of that young laddie, 

Made a' our true Scots hearts to warm, 
And choose to wear the highland plaidie. 

O my bonny, etc. 

But when G die heard the news, 
That he was come before his daddie, 

He thirty-thousand pounds would give 
To catch him in his highland plaidie. 

O my bonny , etc. 

He sent John C pe straight to the North, 
With a' his army fierce and ready, 

For to devour that worthy P ce 

And catch him in his highland plaidie. 

O my bonny, etc. 

But when he came to Inverness, 
I told him he was South already, 

As hold's a lion conqu'ring all, 
By virtue of his highland plaidie. 

O my bonny, etc. 

From Inverness to Aberdeen, 

Where he found their ships just and ready, 
To carry him to Edinburgh, 

For to devour him in's highland plaidie. 

O my bonny, etc. 

But when he came to Edinburgh, 

East Lothian was his first land ready ; 

And then he swore that in Gladsmuir, 

He wou'd devour him in's highland plaidie. 

O my bonny, etc. 

A parcel of Scots highlanders, 

And country lads that were not ready, 
The task is small you have to do, 

To catch him in his highland plaidie. 

O my bonny, etc. 

Our worthy P ce says to his men, 

For God's sake, haste, and make you ready, 

And gratify C pe's fond desire 
He hath to see me in my plaidie. 

O my bonny, etc. 

Likewise says he unto his men, 

This day if you'll fight for my daddie, 

142 Andrew Lang 

By heav'n's pow'r I'll set you free 
From tyrants, in my highland plaidie. 

>- r 

O my bonny, etc. 

Then they went on like lions bold, 

Without regard to man or baby, 
For they were bent with one consent 

To fight and keep him in his plaidie. 

O my bonny, etc. 

John C pe cries then unto his men, 

For God's sake, haste, and make you ready ; 

And let each man fly as he can, 

For fear he catch you in his plaidie. 

O my bonny, etc. 

Some rode on horse, some ran on foot, 

And some, wi' fear, their heads turn'd giddy ; 

And some cry'd, Oh ! and some, Woe's me ! 
That e'er I saw a highland plaidie. 

O my bonny, etc. 

When C pe was then a great way off, 

He said, Since I was a young babie, 
I never met with such a fright 

As when I saw him in's highland plaidie. 

O my bonny, etc. 

[This is a shorter variant of Hogg's O my Bonnie Highland Laddie. Hogg takes 
it 'from Mr. Hardy's MSS., collated with that from Mr. John Wallace of 
Peterhead' (Relics, ii. 115, 335). There are many variations. The subject is the 
strange march of Cope to Inverness while the Prince was entering Edinburgh, and 
the victory of Prestonpans.] 


MY Grand-Sire had a riding mare, 

And she was ill to sit, 
And by there came an airy blade, 

And slipped in a foot. 
He put his foot into the stirrup, 

And gripped sickerly ; 
And ay since syne, she's prov'd unkind, 

And flung and gloom'd at me. 

When my Grand-Father was deth n'd, 
And put from Nations Three, 

Jacobite Songs 143 

There was not a single plack of debt, 

And all accompts were free. 
But now the cr wn's in debt, aboon 

One Hundred Millions and Three ; 
I wonder what ails the wicked beast 

To have such spite at me. 

When William fell, and brain'd himsel', 

They call'd my Aunty Ann; 
Give me the mare, the riding gear, 

The halter in my hand ; 
Then peace and plenty will abound, 

Throughout the Nations Three ; 
We'll drive them up with whip and spur, 

Because they slighted me. 

Preston-pans, Falkirk, and Inverting, 

These were battles three ; 
But at Culloden we were all defeat, 

And forced for to flee. 
The poor men they were all defeat, 

Fled to the mountains high ; 
You may be sure my heart was sore 

When none could stay with me. 

But one poor maid, with gown and plaid, 

Convoy'd me through the isles ; 
By heaven's care I was preserv'd 

From all their crooks and wiles : 
Then into France as by ill-chance, 

Though I was welcome there, 
The cruel darts of th' usurper's arts, 

Did still pursue me there. 

I hope to God that I will mount, 

My brave ancestor's th ne ; 
And then I will attended be 

By lords of high renown. 
My brother Henry will likewise be 

Honour'd as well as me ; 
And we'll make the W gs change their notes, 

And turn their tunes to me. 

They gave the Qu n the cordial drop 

To hasten her away ; 
And then they took the cursed oath, 

And drank it up like whey ; 
Then they sought the Brunswick race 

Which we may sorely rue : 
They got a horse, a cripple ass, 

A Cousin German Sow. 

144 Andrew Lang 

[There are seven stanzas here in place of four in Hogg's version (Relics, i. 82). 
In Hogg's text the father, not the grandfather, of the speaker tries the mare ; the 
speaker is James VIII., not Prince Charles. The absurd scandal about the 
poisoning of Queen Anne is in our seventh, but in Hogg's second stanza. Our 
song has no 'sow' (some German mistress of George). The remarks on the 
national debt caused by our Dutch deliverer is not in Hogg's version (our 
stanza n.), and the allusions to Prince Charles's victories and to Flora Macdonald 
in our song are absent from Hogg's. The generation of 1745 has retained and 
expanded a chant of the generation of 1715.] 


OVER yon hills, and yon lofty mountains, 

Where the trees are clad with snow, 
And down by yon murm'ring chrystal fountain, 

Where the silver streams do flow. 
There, fair Flora sat complaining, 

For the absence of our K g, 
Crying, Charlie, lovely Charlie, 

When shall we two meet again ? 

Fair Flora's love it was surprising, 

Like to diadems in array ; 
And her dress of the tartan plaidie 

Was like a rainbow in the sky ; 
And each minute she tun'd her spinnet, 

And Royal Jamie was the tune, 
Crying, C s, Royal C s, 

When shalt thou enjoy thy own ? 

When all these storms are quite blown o'er, 

Then the skies will rend and tear, 
Then C s he'll return to Britain 

To enjoy the grand affair : 
The frisking lambs will skip over, 

And larks and linnets shall sweetly sing: 
Singing, C s, lovely C s, 

You're welcome home to be our King. 

[There may be some connection between this too artless ditty about Flora 
Macdonald and Hogg's Lament of Flora Macdonald (Relics, ii. 179). Hogg says 
that he got the original of the Lament l from Mr. Niel Gow, who told me they 
were a translation from the Gaelic, but so rude that he could not publish 
them. . . . On which I versified them anew,' says the honest Shepherd, 
*and made them a great deal better without altering one sentiment' (Relief, 
ii. 369). 

The original Gaelic may have been excellent : our version is, at least, unpre- 
tentious, but Hogg's is too conscientiously noble and sublime, though it has 
been popular as a song : and has a Gaelic substratum.] 

Jacobite Songs 145 


THE K g he has been long from home, 

The P ce he has sent over 
To kick th' usurper off the th ne, 

And send him to Hannover. 

O'er the water, o'er the sea, 

O'er the water to Ck lie; 
Go the world as it will, 

We'll hazard our lives for C lie. 

On Thursday last there was a fast, 

Where they preach'd up rebellion ; 
The masons on the wall did work, 

To place around their cannon. 

O'er the water, etc. 

The Wh gs in cursed cabals meet, 

Against the Lord's Anointed; 
Their hellish projects he'll defeat, 

And they'll be disappointed. 

O'er the water, etc. 

Sedition and rebellion reigns 

O'er all the B tish nation ; 
Why should we thus like cyphers stand 

And nothing do but gaze on ? 

O'er the water, etc. 

Brave Britons rouse to arms, for shame, 

And save your K g and nation ; 
For certainly we are to blame, 

If we lose this occasion. 

O'er the water, etc. 

The P ce set out for Edinburgh Town, 

To meet with C pe's great army ; 
In fifteen minutes he cut them down, 

And gain'd the victory fairly. 

O'er the water, etc. 

[Comparing this song with Hogg's text (Relics, ii. 76) we ask, is ours the 
unworthy original, improved by Burns and Hogg into the best of loyal poetry ; 
or is ours quite a distressingly different set of words to the same tune ? 
Hogg's version, except for the last stanza, is, with slight verbal changes, 
No. 187 in Johnson's Museum, Vol. ii. (1788). Hogg says, 'I do not know if 
the two last stanzas have ever before been printed, though they have often been 
sung ' (Relics, ii. 290). The penultimate verse appeared, as Hogg should have 
known, in Johnson's Museum (ut supra). If Mr. Henderson is right in saying 
* Hogg's set is merely Ayrshire Bard (in Johnson) plus Ettrick Shepherd,' then 


146 Andrew Lang 

the Shepherd, in the last stanza, wrote the most perfect verse in the whole of 
Jacobite poetry. The ardent sincerity of loyal self-sacrifice was never worded so 
well. Cf. Henderson, in his and Henley's Bums, Vol. iii. p. 328. The chorus, 
and stanza i., in both Hogg's and the Museum's versions, seem to me popular and 
traditional ; the third may be by Burns ; the fourth, if not Hogg's, is popular and 
traditional. I myself think that Hogg dealt fairly with what he collected, whether 
songs in the Relics, or ballads for Scott's Minstrelsy. His letters to Scott, with 
ballads (June 30, 1802; September 10 [1805]), are candid and explicit; he tells 
the Sheriff how he collected, what he got 'in plain prose' mixed with broken 
stanzas, and how he harmonised them. He is equally candid in what he says of 
The Lament of Flora Macdonald, already quoted from the Relies ^\ 


(Tune : Nansy's to the Green-wood gane) 

YE W gs are a rebellious crew, 

The plague of this poor nation ; 
Ye give not God nor Caesar due, 

Ye smell of reprobation : 
Ye are a stubborn, perverse pack, 

Conceiv'd and nurs'd by treason, 
Your practices are foul and black, 

Your principles 'gainst reason. 

Your Hogan-Mogan foreign things 

God gave them in displeasure ; 
Ye brought them o'er and call'd them k gs, 

They've drain'd our blood and treasure. 
Can ye compare your King to mine, 

Your G die and your W lie ? 
Comparisons are odious, 

A docken to a lilie. 

Our Darien can witness bear, 

And so can our Glenco, Sir ; 
The South Sea it can make appear 

What to our King we owe, Sir : 
We have been murder'd, starv'd, and rob'd, 

By those your k gs and knav'ry ; 
And, all our treasure is stock-jobb'd, 

While we groan under slav'ry. 

Did e'er the rightful St t's race, 

Declare it if you can, Sir, 
Reduce you to so bad a case, 

Hold up your face and answer : 
Did he who ye expell'd the throne 

Your islands ever harass so, 
As those whom ye have placed thereon, 

Your Brunswick and your Nassau ? 

Jacobite Songs 147 

By strangers we are rob'd and kill'd, 

That ye must plainly grant, Sir, 
Whose coffers with our wealth are cramm'd, 

Whilst we must starve for want, Sir. 
Can ye compare your K g to mine, 

Your G die and your W lie ? 
Comparisons are odious, 

A bramble to a lilie. 

Your P ce's mother was a whore, 

This ye cannot deny, Sir ; 
Or why liv'd she in yonder tour, 

Confin'd there 'till she died, Sir. 
Can ye compare your Queen to mine ? 

I know ye're not so silly ; 
Comparisons are odious, 

A docken to a lilie. 

His son is a poor matchless sot, 

His own papa ne'er lov'd him : 
And F kie is an idiot, 

As they can swear who prov'd him. 
Can ye compare your P ce to mine, 

Your F kie and your W lie ? 
Comparisons are odious, 

A mushroom to a lilie, 

[This is a version of Hogg's The Rebellious Crew (Relics, i. 112). Hogg copied 
this song from an ' old printed ballad which I found among Mr. Walter Scott's 
original Jacobite papers' (Relics, i. 284). Hogg probably softened the language 
of our stanza vi., and, in the third line from the end, wrote 

'A thing so dull and silly,' 
in place of our 

* Your Feckie and your Willie.'] 


AND from home I wou'd be, 
And from home I wou'd be, 
And from home I wou'd be, 

To some foreign country. 
To tarry for a while, 
'Till heav'n think fit to smile ; 
Bring our K g from exile 

To his own country. 

God save our lawful K g, 

And from danger set him free ; 

May the Scots, English, and Irish, 
Flock to him speedily : 

148 Jacobite Songs 

May the ghosts of the martyrs, 

Who died for loyalty, 
Haunt the rebels that did fight 

Against their King and country. 

May the Devil take the D tch, 

And drown them in the sea, 
Willie butcher, and all such, 

High-hanged may they be. 
Curse on the volunteers 

To all eternity, 
Who did fight against our P ce 

In his own country. 

May the rivers stop and stand 

Like walls on ev'ry side; 
May our highland lad pass through ; 

Jehovah be his guide. 
Lord, dry up the river Forth, 

As thou didst the Red sea, 
When the Israelites did pass 

To their own country. 

Let the usurper go home 

To Hanover with speed, 
And all his spurious race 

Go beyond the seas. 
And we'll crown our lawful King 

With mirth and jollity ; 
We'll end our days in peace 

In our own country. 

[Hogg's version is a charming song, 'bearing strong marks of the hand of the 
ingenious Allan Cunningham.' It is perfectly modern in tone. Our version may 
have been sung at Avignon, Sens, and many other asylums of the exiled Jacobites.] 

Two Glasgow Merchants in the French 

DURING the Revolutionary Era the French Republic ex- 
tended to the persecuted democrats of Great Britain and 
Ireland as hearty a welcome as Louis XIV. had accorded to 
the Jacobite exiles. Thus there gradually came together in 
Paris a band of discontented ' Patriots,' mostly English and 
Irish, but including some Scots, whose presence served to con- 
firm the idea prevalent in France that nothing was wanting to 
set up separate republics in the United Kingdom but the 
appearance of French forces in London, Edinburgh, and Dublin. 1 
The late Mr. Alger in his Englishmen in the French Revolution 
brought together some curious facts regarding the life of this 
colony in Paris. The adventures of two Glasgow merchants, 
as revealed in the documents preserved in the Public Record 
Office, London, 2 and the French Foreign Office, Paris, 3 not 
only add some touches to his interesting sketch, but also 
throw fresh light on the condition of affairs at home which 
sent not a few Scots into voluntary or enforced exile. 

During the period 1795-1798 to which the documents refer, 
Scotland lay at the feet of its de facto king, Henry Dundas. 
The French Revolution evoked considerable enthusiasm in Scot- 
land. The members of the Dundee Whig Club were among 
the first to congratulate the French nation on the advent of 
the new regime^ and Glasgow sent 1200 to the National 
Assembly. The industrial class awoke to a sense of its political 
rights, and, organised in societies known as Friends of the 

1 The ' Scotch Directory ' was to consist of Muir, Sinclair, Cameron, Simple 
[Lord Sempill ?], a Sorbelloni [sic]. Ferguson [Adam Ferguson ?] was to be 
Minister for Foreign Affairs, Macleod [M.P. for Inverness] for War, and 
Campbell [the poet Campbell ?] for Marine, v. Hist. MSS. Comm., Dropmore 
MSS., vol. 4, 1905, pp. 69 and 70. 

2 Home Office (Scotland) Correspondence, vol. 1 6. 
* Archive^ Correspondance Politique, vol. 592. 

150 Henry W. Meikle 

People, agitated for parliamentary reform. Some of the wilder 
spirits, however, did not conceal their desire for even greater 
changes in the constitution, and as the drama of the French 
Revolution developed into tragedy, all projects of reform at 
home were denounced as revolutionary. The dread thus in- 
spired in the middle and upper classes enabled Dundas not only 
to repress all democratic activity throughout the country, but 
also to win support for the war against France, and for those 
arbitrary measures which reduced the government of Scotland 
to the despotism which bears his name. Whoever ventured to 
dispute the wisdom of such a policy was branded as a Democrat, 
a Croppy, or a Black Neb, imbued with French principles. 

Yet although the democrats were effectively silenced, the 
following narrative affords one proof that they continued to 
cherish their opinions in secret ; and the undercurrent of 
discontent with the existing state of affairs thus preserved 
among the industrial class, coming to light in the Radical War 
of 1819, contributed one element to the victory of reform 
in 1832. 

About the end of May, 1798, the Sheriff-Depute of Edin- 
burgh informed the Duke of Portland that two brothers, John 
and Benjamin Sword, had been arrested on a charge of holding 
improper communications with the enemy. John was appre- 
hended on board a vessel in Leith bound for Embden, and 
his brother Benjamin at Glasgow. Failing to give a satisfactory 
account of some letters seized at the same time, they were 
confined to prison till they should do so. 'They are both 
wealthy,' wrote the sheriff, ' having retired from trade at 
Glasgow, the one as a Spirit and Muslin Manufacturer, the 
other a Tea China man, and notwithstanding their success in 
trade are both dissatisfied with their country and anxious to 
settle themselves somewhere else.' 

The reasons for the dissatisfaction were partly family but 
largely political. In a letter to a friend in America, dated 
Langside House, December, 1795, John Sword, after detailing 
some family matters which had occasioned him much distress, 
proceeds to give his opinion of the political state of Scotland 
at that time. * I see there will be new matter springing in 
our nation of great magnitude, which will produce events more 
momentous to the nation at large, until at last they produce 
a Revolution as compleat, though I hope not so sanguinary, 

Glasgow Merchants in France 151 

as that in France, the wonder and admiration of all nations on 
Earth. ... I am therefore now resolved to give you a letter 
with a few of my remarks on the volutions gone and going on 
through our nation. . . . Had the Government and order of 
things in this country been as they were 20 years ago, I 
would have been in business ere now, but such a change has 
taken place within these few years as seldom has to any country. 
Our newspapers which you no doubt frequently see will have 
shewn you into what a state of Sin and Misery this blessed war 
has brought us. The numberless additional taxes to enormous 
amount, and to crown the matter the progress our Ministers 
have made in Arbitrary government is infinitely beyond what- 
ever could have been supposed to happen in this country 
formerly a land of liberty. It would tire your patience to 
enumerate in the most concise manner a tythe of our late 
oppressions. This very last week a Bill has passed making it 
felony to complain of any part of the Minister's conduct, 
although it can clearly be made appear that a family that 
expends ^250 per ann. pays above 100 taxes. It is far from 
improbable a civil war may soon be the baleful consequence. 
Were the few lines I have now wrote on this subject exhibited 
to our gracious, upright, and infallible Mr. Pitt, I would have 
reason to congratulate myself if I came off as easy as Mr. 
Muir or Mr. Palmer by a 14 years' mission to Botany 
Bay. My family affairs with those of a public nature have 
made me resolve not to hasard the remains of my property 
in trade in this country. I have long wished to see North 
America but never had it so much in my power as at present, 
and I am now almost resolved to see it in the ensuing summer.' 
In his next letter, dated 3<Dth January, 1796, he still talks of 
going to the New World, * where,' he says, f I may spend the 
remainder of my life free from that weight of oppression that 
hangs like a millstone round the neck of this devoted country. 
You cannot imagine with what vast strides this country is pro- 
gressing to destruction, the numberless arbitrary laws enacted by 
our Ministry to shield them from the effects of their guilt. 
Our national debt is now between 3 and 400 millions Sterling. 
The interest paid on that is above 1 6 millions. If it is reckoned 
what expense attends the collection of it, it will be found 
4 millions more. This is sunk to all Eternity. To this add 
the maintenance of our civil list, including all the expensive, 
very expensive, squandering members of it, and you will have 

152 Henry W. Meikle 

a sum equal to the rent of the whole landed property in 
Britain. And yet this is exclusive of our necessary expenses 
of Government, of places and pensions, etc., etc. Of the extent 
and amount of these last, the best arithmeticians, the most 
inquisitive accomptants, and the most expert clerks are ignorant. 
The sum is incomprehensible. The number of pensioners with 
the amount they receive is quite unknown. That the sum 
is astonishing is well known, for these very pensions that 
cannot be kept hid from the public and it is a well-known 
fact that not one fourth part of the pensions are published, 
perhaps not one tenth demonstrate to what amount the 
whole may be conjectured. Here one person gets 60,000 or 
70,000 p. annum, another 30,000 or ,40,000, many 25 
and 20,000. Great numbers from 5 to 15,000, and these 
of less consequence are innumerable. The Government of our 
country is now so outre that extortion and imposition cannot 
be checked. Every article is taxed in twenty different shapes. 
Instance the article of Stamp paper. 20 years ago and less 
this duty was comprehended within 7 or 8 articles. At present 
there are 89 articles and on these 7 or 8 articles which were 
formerly taxed, the tax is now 3, 4, and some of them ten- 
fold advanced. This it only one instance among many. 
Almost every species of our manufactures are taxed. The con- 
sequence is very visible to every person that will indulge a thought. 
The indefatigable industry of the British Nation will weather the 
storm a little. It cannot be long. Our Government now in 
a manner despotic for can it be called anything else when it 
is publicly known beyond contradiction that members buy 
seats in Parliament for a majority of these members, and this 
majority pass any law that Pitt chuses to propose ? I say, 
this Despotic Government of ours requires such immense 
treasure to preserve the despotism, to bribe the numberless 
dependant tribes, that our industry is thereby swallowed up, and 
it must very soon pass to destruction and like the baseless 
fabric of a vision leave not a wreck behind. 1 Already the 
wages of every branch of manufacture is very much enhanced 
and yet the poor artificer can scarcely live. ... I do not 

1 The Edinburgh Whigs held equally pessimistic views regarding the fate of their 
country. Hence the significance of the title, 'The Pleasures of Hope, 1 by the 
official poet of the Whigs, Thomas Campbell. On his return from abroad in 
1801 he too had to make a declaration before the Sheriff of Edinburgh to clear 
himself of the suspicion of being a spy. 

Glasgow Merchants in France 153 

pretend to prophecy, but from the situation in which we are 
circumstanced, and from which we cannot disengage ourselves, 
I will bett all I am worth in the world this must happen 
within 20 years, and it would not in the least surprize me 
were my prognostications to take effect in one fourth part of 
that time.' In a letter to the same friend, dated loth 
October, 1796, he still harps on the burden of taxation. 
Manufacturers could not pay the taxes. This had brought the 
3 Per Cents down from 96 before the war to 56, and it was 
expected that the next loan would bring them down to 40. 
When the peace came there would be such emigration to 
France and America as would depopulate the country, and 
give the finishing stroke to the public credit. 

We learn nothing further of the two brothers till their arrest 
in 1798. Rumours of an expected invasion by the French, 
and of plottings by the society of United Scots, kept the 
Government officials in a state of nervous apprehension ; and 
when it was known that John Sword was setting out for the 
continent, probably for France, which, it was affirmed, he 
and his brother had visited the previous year, the two were 
promptly arrested. It was not difficult for them to invent a 
story of adventure not too improbable for those troublous times. 
According to John's first declaration, he was on the road to 
Germany where he intended to settle with his wife and child. 
It was true that he and his brother had been abroad in 
August, 1797, but they had not been in France. They had 
visited various towns in Germany. At the end of March or 
the beginning of April, 1797, they had left Greenock for 
Charlestown in South Carolina. The vessel was taken by a 
French privateer called the ' Vengeance ' about the 1 7th May. A 
prizemaster was put on board and the vessel sailed for Nantes. 
Off the coast of Ireland, however, they were retaken by the 
British frigate c Apollo,' and carried into the Cove of Cork. 
This narrative was declared by them in their second declarations 
to be 'a cock and bull story,' and in their third declarations 
they each gave, with slight variations, a more or less veracious 
account of their wanderings in France. 

The two brothers sailed from Leith for Hamburg at the 
end of August, 1797. On their arrival at Hamburg they 
purchased their admission as burgesses with a view to enabling 
them to proceed to France. Acting on the advice of friends, 
they tried to pass themselves off as Americans or as connected 

154 Henry W. Meikle 

with America. The ambassador, however, refused to give 
them passports. They therefore proceeded to the Hague, 
where they obtained passports for France. 'After two trials 
they got to Paris via Dunkirk and Lisle.' Thence they went 
to Nantes via Tours. The two merchants had learned that 
English goods brought into that port by French privateers were 
selling very cheap, especially coffee and sugar, and they hoped 
by making large purchases for America to realise a consider- 
able profit. There was one serious drawback to such a business 
venture. No one would insure the goods, as they were very 
liable to be retaken the moment they left the port by the 
same privateer from whom they had been purchased. A more 
profitable speculation was to be made in land. At Tours 
' Emigrant ' property was selling at three or four years' purchase, 
Church lands at six years', and patrimonial property at nine or ten 
years' purchase. Money could be borrowed at three, four, and 
five per cent. John Sword, according to his brother's story, 
was ' exceedingly keen ' to become the possessor of a convent, 
a church, and a dozen acres of land at the low price of 700. 
The iron and lead of the buildings alone would have made up 
the price. Benjamin, however, persuaded his brother to have 
nothing to do with it, and after three or four weeks' stay in 
Nantes they left for Paris. 

During their sojourn in the capital they called on Thomas 
Paine, * not from any previous knowledge of him,' John was 
careful to add, * but merely out of curiosity.' Paine informed 
them that Thomas Muir was in Paris, and they paid him a visit, 
having known him as a student in the University of Glasgow. 
v Muir appeared to live in style and kept his carriage.' l During 
an evening spent in the company of Paine and Muir, 2 a long 

1 On 3 1st August, 1793, Muir was sentenced by the High Court of Justiciary 
of Scotland to fourteen years' transportation to Botany Bay for sedition in 
connection with the Society of the Friends of the People. He escaped from 
Sydney on nth February, 1796, and after almost incredible adventures, arrived 
at Bordeaux in December, 1797. He was ostentatiously welcomed by the French 
Directory, who granted him a pension. In a begging letter to the Minister for 
Foreign Affairs, Muir explained that the loss of one eye, and the imperfect vision 
of the other, necessitated his keeping a carriage (Archives, vol. 590, 144). 

2 In the British Museum collection of coins and medals a farthing, inscribed 
*The Three Thomases, 1796,' represents Thomas Paine, Thomas Spence (a 
publisher of Paine's works), and Thomas Muir hanging on a gibbet. On the 
reverse is the legend, ' May the three knaves of Jacobin Clubs never get a trick.' 
t>. The Writings of Thomas Paine, ed. M. D. Conway, vol. iii. p. xi. 

Glasgow Merchants in France 155 

discussion ensued on religion ' which Paine reprobated, while 
Muir endeavoured to defend it.' Benjamin Sword even affirmed 
that Muir was intoxicated on that occasion. This led to the 
breaking up of the party, and prevented Muir from keeping 
his promise of introducing the brothers to the notorious Miss 
Williams, then living in Paris as the wife of Stone. 1 

Thanks to the proverbial clannishness of their race, the 
Glasgow merchants were introduced to another Scot, a certain 
Mr. Rose. A gardener by trade, 2 his master's influence had 
secured for him the post of usher to the Constituent Assembly, 
and he had served in the same capacity the succeeding assemblies 
of the period. Under his guidance the Swords visited the 
Council of the Ancients, and the Council of Five Hundred, and 
were present at the Iriili of the Directory ' to which every one 
was admitted.' Rose informed them 'that he was the person 
who had been sent by the Convention to apprehend Robespierre, 
which he accordingly did and gave them many particulars 
respecting the business.' He talked with great freedom regarding 
the Convention and said that he expected another convulsion. 
The usher dropped a hint that he might serve his country and 
make some money by giving information. On being asked if 
he knew Mr. Rose of the Treasury, he smiled and said that 
Mr. Rose knew him, and waived the subject. At the end of a 
month the brothers left for Scotland via Dunkirk, where they 
met another type of the ubiquitous Scot in the person of a 
Mr. M'William, originally from Ayr. 

Two letters in the Archives of the French Foreign Office 
complete our knowledge of the Swords. One is addressed to 
' Citoyen Graham a Paris,' presumably a Glasgow man, the other 
to Thomas Muir. In the former, John Sword takes as gloomy 
a view as ever of the state and prospects of his country. ' The 
fate of Britain is wearing nearer and nearer its crisis. New taxes 
come out every day, not by the channel of the House of 
Commons, but by the fiat of the Privy Council. Every one 
of them fall short of what it was taken for and new ones are 
framed to make up the deficiency, which also fall short of their 
intention. All ranks, even the creatures of the Ministry, are 
now complaining of their burdens. This voluntary gift which 
has made so much noise has been as great an oppression as the 

1 v. sub voce John Heerford Stone, Diet. Nat. Biog. 

2 ' It is from Scotland,' said Voltaire, * we receive rules of taste in all the arts 
from the epic poem to gardening,' Hume Brown, Hist, of Scot., vol. iii. p. 371. 

156 Henry W. Meikle 

most oppressive of the taxes ; for in the first place every creature 
of Government is obliged to subscribe largely and they are 
indefatigable in forcing others to subscribe, threatening them 
with ruining their business, their trade, and interest, if they 
do not, and many who have persevered in refusing to subscribe 
have actually been ruined by the malice of Pitt's vermin. They 
have influenced all the public and private banks, so that thousands 
of traders who cannot pay their bills are forced by their bankers 
to put down their names to this gift, and threatened not to get 
a single bill discounted if they do not. The soldiers and sailors 
are likewise compelled to put down their names to this famous 
gift, and thousands of names appear in the newspapers as 
Patriotic contributors to this gift who curse the ministry (the 
authors of it), curse the purposes to which it is applied, and 
would give twice the amount of their subscriptions to bring 
the heads of the ministers to the block. But this is no news 
to you. Citizens John M'Kenzie, John Pattison, John Monteith, 
and a hundred more in Glasgow would give all the cloaths on 
them to be as clear of the country as you and I are. 

' The manufactures are much in the decline, and if the French 
Republic could stop them from Hamburgh, and the American 
and West India markets, they might soon make what sort of 
a peace they pleased. The whole nation would be in arms, and 
indeed nothing prevents this just now but unabated efforts of 
the ministers bribing the landed Gentlemen to act against their 
own interest. I need not tell you that if the War Establishment 
continue two years longer in England, the Bank of England 
paper will be of as little value as the lowest price of American 
or French paper ever was, and it is in the power of the French to 
hurry on this event by a method which I could clearly point out.' 

In the other letter dated Embden, 3ist August, 1798, 
15 Fructidor, an 6, to Thomas Muir, he gives a full account 
of his sufferings, and reveals more regarding his visit to Nantes 
than he had communicated to the Sheriff-Depute of Edinburgh. 
* I have endured a part of the persecution you so unjustly 
suffered. I have occupied the same apartments in Edinburgh 
Jail which you have done before me and have been put to great 
inconveniences with my family and to great expenses. But I 
thank God all the malice of my persecutors have not been able 
to prevent me from securing as much of my property as to 
enable me to carry on my plan of my muslin manufactory upon 
a moderate scale, or even to live with oeconomy upon the remains 

Glasgow Merchants in France 157 

of the fruits of my industry without emerging again into bustle, 
labour, and anxiety.' He goes on to relate that he was set at 
liberty for six months, bail being fixed at 4000 merks. Owing 
to the strenuous exertions of his advocate, Mr. Henry Erskine, 
he had been allowed to proceed to Germany to look after his 
affairs. The Lord Advocate had promised that if nothing further 
appeared against him he would not be brought to trial, but that 
if he was to be tried, Mr. Erskine was to advise him in due 
course. ' The only thing they can prove against me is my 
having been in France contrary to law, but my intentions, or 
any conversation I had with my work people about going there, 
I trust will not be discovered ; so that if no action is commenced 
against me by the 29th of November, my bail bond is then 
discharged, and I fly to the glorious land of liberty, justly 
the admiration of Europe and of the whole world.' His purpose 
in writing to Muir was to use his influence with the French 
Government to help him in another unlucky piece of business. 
The ship by which he had intended to reach Embden at the 
time of his arrest had sailed without him, had been captured 
by a French privateer, and carried into a Dutch port. There 
the cargo, including Sword's belongings, had been condemned. 
This he held to be unjust, as they were not contraband seeing they 
were intended for France. The prizemaster, however, had taken 
the goods ashore, and most of them had probably been Embezzled 
by the motley crew of renegadoes from Asia, America and 
Europe not one Frenchman among them.' His plan of setting 
up a muslin factory in France made him anxious to secure 
his property. 'When I was in Paris,' he writes, 'you may 
perhaps remember that I acquainted you I had applied by a 
petition to the Minister of the Interior stating my intentions 
of erecting a muslin manufactory 1 at Nantes, and requesting 

1 During Muir's visit to Paris in 1793, the government spy in Edinburgh 
credited him with having bought ground on behalf of seven proprietors of a cotton 
mill in the West of Scotland. The machinery and workmen were to be removed 
to France. Home Office (Scotland} Correspondence, vol. 7, March, 1793, P.R.O., 
London. The idea was doubtless taken from Paine's Rights of Man, which had an 
enormous circulation in Scotland at this time, especially among the industrial 
classes. * France and America bid all comers welcome, and initiate them into all 
the rights of citizenship. . . . There is now erecting in Passey, three miles from 
Paris, a large cotton factory, and several are already erected in America. Soon 
after the rejecting the Bill for repealing the test-law, one of the richest manu- 
actors in England said in my hearing, " England, Sir, is not a country for a 
dissenter to live in we must go to France."' The Writings of Thomas Paine, 
ed. M. D. Conway, vol. ii. p. 328, author's footnote. 

158 Henry W. Meikle 

permission to go to Scotland to settle my affairs, to collect 
and bring my property to France, to engage a few of my 
best tradesmen to teach these in Nantes, and to return myself 
with my family and furniture. The Minister gave me leave 
to go to Hamburgh via Calais and Dunkirk, to go to Scotland 
via these, and to return by Hamburgh.' 

These two letters were duly forwarded to the Minister for 
Foreign Affairs ; but further documents are lacking to reveal 
whether John Sword was successful in his suit, or whether he 
was forced to join his brother Benjamin in his native city, there 
to remain under the hated rule of Pitt and Dundas. 


Chronicle of Lanercost 1 

WHEN the Scots heard of the sudden and unexpected 
retreat of the English after Easter, 2 they set themselves 
down before the castles of Scotland which were held by 
the English, to besiege them with all their force, and A ' D ' I2 9 ' 
through famine in the castles they obtained possession of them 
all, except Roxburgh, Edinburgh, Stirling, and Berwick, and a few 
others ; and when they had promised to the English conditions 
of life and limb and safe conduct to their own land on sur- 
rendering the castles, William Wallace did not keep faith with 

Meanwhile, truce was made between the King of France and 
the King of England, and the king returned to England, and 
finding how the Scots had risen in his absence, he assembled an 
army and directed his march towards Scotland, and having entered 
that country, he passed through part thereof. 

So on the festival of the blessed Mary Magdalene 3 the Scots 
gave him battle with all their forces at Falkirk, William Wallace 
aforesaid being their commander, putting their chief trust, as was 
their custom, in their foot pikemen, whom they placed in the 
first line. But the armoured cavalry of England, which formed 
the greater part of the army, moving round and outflanking them 
on both sides, routed them, and, all the Scottish cavalry being 
quickly put to flight, there were slain of the pikemen and 
infantry, who stood their ground and fought manfully, sixty 
thousand, according to others eighty thousand, according to 
others one hundred thousand ; 4 nor was there slain on the 
English side any nobleman except the Master of the Templars, 

1 See Scottish Historical Review, vi. 13, 174, 281, 383 ; vii. 56, 160, 271, 377 j 
viii. 22. 

2 6th April. 3 2 2nd July. 

4 Walsingham estimates the loss of the Scots at 60,000, Hemingburgh at 
56,000 both preposterous figures, far exceeding the total of Wallace's forces. 
The only trustworthy data whereby to estimate the English losses is found in the 
compensation paid by King Edward for 1 1 1 horses killed in the action. 

160 Sir Herbert Maxwell, Bart. 

with five or six esquires, who charged the schiltrom of the Scots 
too hotly and rashly. 

Having thus entirely overcome the enemies of our king and 
kingdom, the army of England marched by one route to the 
Scottish sea, 1 and returned by another, in order to destroy 
all that the Scots had spared before. But on the approach of 
winter the king dismissed the nobles of England to their own 
estates, and undertook the guard of the March himself with 
a small force for a time. But before Christmas he returned to 
the south, having disbanded the aforesaid guards upon the 


Berwick, Dunbar, and Falkirk too 
Show all that traitor Scots can do. 
England exult ! thy Prince is peerless, 
Where thee he leadeth, follow fearless. 2 


The noble race of Englishmen most worthy is of praise, 
By whom the Scottish people have been conquered in all ways. 

England exult ! 

The Frenchmen break their treaties as soon as they are made, 
Whereby the hope of Scotsmen has been cheated and betrayed. 

England exult ! 

O disconcerted people ! hide yourselves and close your gates, 
Lest Edward should espy you and wreak vengeance on your pates. 

England exult ! 

Henceforth the place for vanquished Scots is nearest to the tail 
In clash of arms. O England victorious, all hail ! 

England exult ! 3 

1 Firth of Forth. 


Berwlke et Dunbar, nee non Varlata Capella, 
Monstrant quid valeant Scottorum perfida bella, 
Princeps absque pare cum sit tutu, Anglla, gaude ; 
Ardua temptare sub eo securius aude, 


Nobifis Anglorum gens est dlgnlsslma laude, 
Per quam Scottorum flebs vincitur Anglla gaude ! 
Fcedera Francorum sunt frlvola, pl<enaque fraude, 
Per quam Scottorum spesfallitur Anglla gaude ! 
Gens confusa pete latebras ac ostia c laude, 
Edtoardus ne te vldeat rex Anglla gaude ! 
In belfis motis pars contigit ultima caudee 
Devictis Scottis super atrix Anglla gaude ! 

Chronicle of Lanercost 161 


O Scottish race ! God's holy shrines have been defiled by thee, 

His sacred temples thou hast burnt, O crying shame to see ! 

Think not that thou for these misdeeds shalt punishment avoid, 

For Hexham's famous sanctuary polluted and destroyed. 

The pillaged house of Lanercost lies ruined and defaced ; 

The doers of such sacrilege must cruel vengeance taste. 

Let irons, fire, and famine now scourge the wicked race, 

With whom henceforth nor fame nor faith nor treaty can have place. 

The Scottish nation, basely led, hath fallen in the dust ; 

In those who forfeit every pledge let no man put his trust. 1 


Welsh William being made a noble, 2 
Straightway the Scots became ignoble. 
Treason and slaughter, arson and raid, 
By suffering and misery must be repaid. 8 

About the feast of the Nativity of the Blessed Mary the King 
of England married the Lady Margaret, sister of the 
King of France, whereby the [two] kings became A ' D ' 12 99" 
friends. 4 

In the same year died Oliver, Bishop of Lincoln, and Henry 
of Newark, Archbishop of York. Master John of Alderby 
succeeded Oliver, and Henry of Corbridge, Doctor in Theology 
[succeeded Henry in the see of York]. 


Per te foe data loca sancta Deoque dicata ; 
Templaque sacrata, sunt, profi dolor ! igne cremata. 
Ene nequiverunt destructio damnaque multa 
Eccleslee Celebris Haugustaldensis inulta. 
Desolata domus de Lanercost mala plura 
Passa fuit,fiet de tallbus ultio dura, 
Ferrum, flamma, fames venient tibi, Scotia, digne, 
In qua fama, fides, fcedus periere maligne. 
Sub duce degenero gens Scotica degeneravit, 
Qu& famam temere,faedus, qu<z fidem violavit. 

2 Wallace is usually honoured by the knightly prefix 'Sir'; but there is 
no record of his receiving knighthood. 


Postquam Willelmus Wallensis nobilitavit, 
Nobilitas prorsus Scottorum degeneravit. 
Proditlo, cades, incendia, frausque raping 
Finiri nequeunt infelici sine fine. 

4 8th September. 

1 62 Sir Herbert Maxwell, Bart. 

About the same time Pope Boniface wrote to the King of 
England demanding that he should hand over to his custody 
John de Balliol, whom he was keeping under restraint, and the 
King complied with the Pope's demand in obedience to the 
Roman Curia. 1 

In the same year the Pope issued the statute beginning Super 
cathedram, et c<etera, to promote concord between the prelates 
of the Church and the Orders of Preaching and Minorite 

The King prepared an army for an expedition into Scotland, 

and during that march the Queen was delivered of her first-born 

son Thomas, in the northern parts about Brotherton, 

' from which town the son there born derived his sobriquet. 

Howbeit the King did nothing remarkable this time against the 

Scots whose land he entered, because they always fled before him, 

skulking in moors and woods ; wherefore his army was taken 

back to England. 

In the same year William of Gainsborough, an Englishman, 
was summoned to the Curia, as reader in theology at the palace 
before the Cardinals ; upon whom, after the lapse of two years, the 
Pope bestowed the bishopric of Worcester. 

In the same [year] about the feast of S. John the Baptist, 2 my 
lord Edward King of England came to Carlisle with the nobles 
and great men of England. With him came Sir Hugh de Vere, 
and he stayed a while at Lanercost, and thence the King marched 
through the district of Galloway as far as the Water of Cree. 
Also he took the castle of Caerlaverock, which he gave to Sir 
Robert de Clifferd, and he caused many of those found within the 
castle to be hanged. 

This, the sixth year of Pope Boniface, was the year of Jubilee. 

In Rome each hundredth year is kept as jubilee ; 

Indulgences are granted and penitents go free. 

This Boniface approved of and confirmed by his decree. 3 

In the same year as above a formal embassy arrived at the 
Roman Curia from the King of England : to wit the Earls of 

1 John de Balliol was committed to the custody of Sir Robert de Burghesh, 
constable of Dover Castle, who took him to Whitsand and delivered him to the 
Papal nuncio. (Feedera.) 

2 2 4th June. 

dnnus centenui Romee semper jubil&us ; 
Crimina laxantur, cui pcenitet is fa donantur ; 
Hoc declaravit Bonifacitu et rtboravit. 

Chronicle of Lanercost 163 

Seland, Lincoln, and Bar, 1 the Bishop of Winchester, Sir Hugh le 
Spenser, Galfrid de Genevilla and Otto de Grandison, knights ; 
and the Archdeacon of Richmond and John of Berwick, clerics. 2 
The ambassadors of France were as follows the Archbishop of 
Narbonne, the Bishop of Auxerre, the Counts of Saint-Paul and 
Boulogne, Pierre de Flota, and others. 

In the same year was born Thomas of Brotherton, son of 
King Edward. 

[Here follows in the Chronicle the famous letter of Pope 
Boniface VIII. to Edward I., in which he claims that * the 
Kingdom of Scotland hath from ancient time belonged by un- 
doubted right ' to the Church of Rome, commands King 
Edward to desist from any attempt to infringe upon its indepen- 
dence, to release the Bishops of Glasgow and Sodor, and other 
clerics whom he had imprisoned, and to submit within six months 
to the Papal judgment all documents and other evidence which 
he may be able to produce in support of any claim he may 
have upon the kingdom of Scotland or part thereof. 

The spirited reply from King Edward's Parliament of Lincoln, 
1 2th February, 1300-1, indignantly rejecting the Pope's claim to 
interfere in the temporal affairs of the kingdom, is also transcribed 
at length in the Chronicle ; but, as it is given in Fcedera and 
elsewhere, it is not necessary to repeat it here.] 

At the beginning of summer the king assembled an army 
against the Scots and placed one part of the force under command 
of my lord Edward, his son by his first wife and Prince 
of Wales, and under command of divers nobles of A ' D ' I301 ' 
England who were in his company, and these entered Scotland on 
the west ; but [the king] kept the other part with himself and 
entered by Berwick. The Scots, however, dared not fight with 

1 Barensis : which might be from Bara, the Latinised form of Dunbar : but 
there is no record of Sir Patrick 'with the blak berd,' 8th Earl of Dunbar, being 
employed on this mission, although he was certainly in King Edward's service at 
this time. 

2 This embassy was sent to counter the Scottish mission earlier in the year. 
The chronicler's list of names does not exactly correspond with that set 
forth in King Edward's letter to Pope Boniface (Rymer's Fcedera), which 
included John, Bishop of Winchester ; Friar William of Gainsborough; Gerard, 
Archdeacon of Richmond ; John of Berwick, Canon of York ; Amadis, Earl of 
Savoy (Sabaudiae) ; Henry de Lacy, Earl of Lincoln ; Sir Galfrid de Genevill, 
Sir Galfrid Russell, Sir Otto de Grandison, Sir Hugh le Despenser, Sir Amaneus, 
lord of le Breto ; Master Reymund, vasatensem of Arnald de Rama ; and Peter, 
Canon of Almeric of S. Severin's of Bordeaux. 

164 Sir Herbert Maxwell, Bart. 

either army, but fled as they had done the previous year. 
Howbeit they took some fine spoil from the English and did 
much other mischief; wherefore the king, considering that 
whatever he gained in Scotland during the summer he would lose 
in winter, decided to spend the whole winter at Linlithgow 
and elsewhere in Scotland, and did so. The Scots were brought 
far nearer subjection by that occupation than they had been 

In the same year the Queen bore another son named Edmund, 
and after her purification joined the king in Scotland. 

Also in these times fresh dispute took place between the Kings 
of France and England about the land of Gascony, but at last 
they came to an agreement after the truce had been renewed 
several times. 

In the same year 

BISHOP BONIFACE, servant of the servants of God, to his venerable brother 
in Christ the Archbishop of Canterbury, greeting and apostolic benediction. 
Not without cause do we hold it to be very grave and most contrary to 
our wishes that prelates of the Church, who are under obligation through 
the nature of the pastoral office to set an example to others of praiseworthy 
conduct, presume with damnable audacity to proceed by uneven ways 
to nefarious actions, and, giving themselves the rein, do not shrink from 
perpetrating deeds whereby the Divine Majesty is offended, his glory 
disparaged, their own salvation endangered, and the minds of the faithful 
are unsettled by a grave scandal. 

Wherefore we are actuated by becoming motives and exhort [thee] 
to consider advisedly how we may apply the speedy remedy of this 
warning, for the correction or punishment of the excesses of the prelates 
themselves, as justice requires. 

For indeed we have learnt by trustworthy report, which has now many 
times been brought to our hearing, that Walter de Langton, Bishop of 
Coventry and Lichfield, forgetful of pastoral integrity, unmindful of his 
own salvation, careless of good fame, and, as it were, the destroyer of 
his own honour, has not feared to perpetrate, nor does he cease from 
committing, deeds as wicked as they are atrocious, and so nefarious that 
they must either produce disgust with horror in those who hear about 
them or else cause a loathing of such abomination; wherefore we do 
not consider it meet either to describe them now in these letters or to 
relate them by word of mouth. Wherefore, being unwilling, as indeed we 
ought to be, to wink at such things as offend God and scandalise men 
if they receive encouragement from the truth, we must proceed by careful 
consideration to inflict deserved punishment upon these persons, lest they 
gain strength through lapse of time. In accordance, therefore, with the 
law as we perceive it and have decided to enforce, we have issued these 
apostolic scripts, strictly enjoining upon thy fraternity that, in the virtue of 

Chronicle of Lanercost 165 

obedience, thou shalt without delay cause the said bishop to be summoned 
under our authority, either by thyself, or by another, or by others, to appear 
in person before us, within the space of three months, counting from the day 
of this citation, on pain of deprivation of the pontifical office (which we will 
that he shall incur ipso facto should he prove disobedient in this matter), to 
submit humbly and effectually to our decrees and precepts and those 
of the apostolic see upon all and several matters set forth, and upon any 
others which may happen to be brought forward or objected against him. 

Take thou care in thy letters, describing the course of events, to inform 
us fully and faithfully of the day on which thou receives! these presents, 
the citation and its form, and whatsoever thou doest in this matter. 

Given at the Lateran, on the 8th of the Ides of February, 1 in the sixth 
year of our pontificate. 

The French, desiring unjustly to subdue the Flemings to 
themselves, invaded that country with an army on several 
occasions ; but the Flemings, boldly encountering on 
foot the mounted force, inflicted upon them much 
slaughter and won some marvellous victories, killing notables and 
nobles of France, to wit, the Counts of Artois, of Eu, of Boulogne, 
of Albemarle ; and lords, to wit, Jacques de Saint-Paul, Godefroie 
de Brabayne and his son, Jean de Henaud, lord of Teyns, Pierre 
de Flota and Jean de Bristiach, barons ; and many other knights, 
[with] upwards of 20,000 men, of whom 3,500 were men-at- 
arms. 2 

About the Ascension of our Lord 3 the King of England came 
with an army against the Scots ; but they dreaded lest he should 
remain with them not only in summer but in winter ; 
wherefore all the nobles of Scotland were compelled to 
come before him, and he received them to his peace. He remained 
in the country until the Nativity of the Glorious Virgin. 4 

In the same year Pope Boniface declared the King of the 
Teutons 5 to be Emperor ; and this he did, as was said, for the 

1 6th February, 1300-01. 

2 This was the battle of Courtray, nth July, 1302, memorable as the first 
occasion when infantry, fighting in the solid formation afterwards adopted by the 
Scots, successfully withstood the onslaught of armoured cavalry. It caused as much 
sensation in military circles of the fourteenth century as did the introduction of 
breech-loading rifles by the Prussians in the war with Austria in 1866. 

8 1 6th May. 4 8th September. 

5 Albert I., Duke of Austria. 'The Holy Roman Church and the Holy 
Roman Emperor are one and the same thing in two different aspects. ... As divine 
and eternal, the head of Catholicism is the Pope, to whom souls have been 
entrusted ; as human and temporal, the Emperor, commissioned to rule men's 
bodies and acts ' (Bryce's Holy Roman Empire). The reference in the text is to a 

1 66 Sir Herbert Maxwell, Bart. 

humiliation of the King of France and the French. But the 
King of France and the men of his realm, clerics as well as laity, 
wrote many lengthy complaints against the Pope, and pledged 
themselves to prove all that they wrote. 

But in the meantime the Pope, whom all the world feared as a 
lion because of his wisdom and courage, was captured and 
imprisoned by the Colonnas, because he had expelled cardinals who 
were of their kin from the College of Cardinals and made them 
incapable of holding any degree or dignity in the Church. In the 
following October 1 he died, whether by a natural death or, as is 
more probable, through grief. Within a few days Cardinal 
Nicholas, of the Order of Preachers, was appointed in his place, 
and was named Benedict the Eleventh ; and because it appeared 
to him that the aforesaid statute of Boniface had been issued to 
the detriment of the aforesaid two Orders, and was too much in 
favour of prelates, he quashed it and issued a new one, which 
begins thus Inter cunctas, etc. And he died in the same 
year on the festival of S. Thomas the Martyr, 2 and was succeeded 
(though not immediately after his death) by the Archbishop of 
Bordeaux, who was named Clement the Fifth, from whose time 
the Roman Curia has been removed to Avignon. 

On the festival of S. Hieronymus 3 Thomas of Corbridge died, 

and William of Greenfield succeeded him in the arch- 

A.D. 1304. bishopj.^ Shortly before this, to wit, about the 

Nativity of the Blessed Virgin Mary, 4 the King returned from 

Scotland to England, having received the Scots to his peace. 

William Wallace was captured by a certain Scot, to wit, 
Sir John de Menteith, and was taken to London to the King, and 
it was adjudged that he should be drawn and hanged, 
beheaded, disembowelled, and dismembered, and that 
his entrails should be burnt ; which was done. And his head was 
exposed upon London Bridge, his right arm on the bridge of 

speech made by Pope Boniface on 3Oth April, 1303, in which he reminded the 
King of France that, like all other princes, he must consider himself subject to the 
Roman Emperor. ' Let not the pride of the French rebel which declares that it 
acknowledgeth no superior. They lie : for by law they are, and ought to be, 
subject to the King of the Romans and the Emperor.' Boniface had previously 
declined to recognise Albert I. as Emperor because he had but one eye and was 
the reverse of good-looking (fit homo monoculus etvultu sordido, nonpotest esse imperator) : 
and when Albert's envoys waited upon him in 1 299, Boniface exclaimed ' Am I 
not Pontiff? Is not this the chair of Peter ? Am I not able to guard the rights 
of the empire ? I am Caesar I am Emperor ! ' 

1 1303. 2 ?th July. 8 3oth September. 4 8th September. 

Chronicle of Lanercost 167 

Newcastle-upon-Tyne, his left arm at Berwick, his right foot at 
Perth, and his left foot at Aberdeen. 

The vilest doom is fittest for thy crimes, 
Justice demands that thou shouldst die three times. 
Thou pillager of many a sacred shrine, 
Butcher of thousands, threefold death be thine ! 
So shall the English from thee gain relief, 
Scotland ! be wise, and choose a nobler chief. 1 

In the same year, on the fourth of the Ides of February, to wit, 
on the festival of S. Scholastica virgin, 2 Sir Robert Bruce, Earl of 
Carrick, sent seditiously and treacherously for Sir John Comyn, 
requiring him to come and confer with him at the house of 
the Minorite Friars in Dumfries ; and, when he came, did slay 
him and his uncle Sir Robert Comyn in the church of the Friars, 
and afterwards took [some] castles of Scotland and their wardens, 
and on the Annunciation of the Blessed Virgin next following 3 was 
made King of Scotland at Scone, and many of the nobles and 
commonalty of that land adhered to him. 

When the King of England heard of this, he sent horse 
and foot to Carlisle and Berwick to protect the Border. But 
because the men of Galloway refused to join the 
aforesaid Robert in his rebellion, their lands were burnt A ' D ' I 
by him, and, pursuing one of the chiefs of Galloway, he besieged 
him in a certain lake, but some of the Carlisle garrison caused him 
to raise the siege, and he retreated, after burning the engines and 
ships that he had made for the siege. 4 

But those who were in garrison at Berwick, to wit, Sir Robert 
Fitzroger, an Englishman who was warden of the town, and Sir 
John Mowbray, Sir Ingelram de Umfraville, and Sir Alexander de 
Abernethy, Scotsmen, with their following, over all of whom Sir 
Aymer de Valence was in command all these, I say, entered 
Scotland and received to the King of England's peace some of 
those who at first had been intimidated into rebellion with Sir 

Sunt tua demerita misero dignissima Jine, 

Esque pati dignus necis infortunia fringe ; 

Qui vastare soles sacras hostiliter eedes, 

Et nimis atroces hominum committere c<edes, 

Turpiter occisus, Anglos non amodo lades ; 

Si sapis ergo duci tali #, Scotia, ne des. 
2 loth February, 1305-6. 

8 25th March, 1305-6. The real date of the coronation was the 2jth. 
4 This does not coincide with anything that is known of Bruce'i movements 
after his coronation. 

1 68 Sir Herbert Maxwell, Bart. 

Robert. Him they pursued beyond the Scottish sea, 1 and there 
engaged him in battle near the town of St. John (which is called by 
another name Pert), killed many of his people, and in the end put 
him to flight. 2 

Meanwhile the King of England, having assembled an army, 
sent my lord Edward, his son aforesaid (whom he had knighted in 
London together with three hundred others), and the Earl of 
Lincoln, by whose advice the said lord Edward was to act, in pursuit 
of the said Robert de Brus,who had caused himself to be called King. 
When they entered Scotland they received many people to peace 
on condition that they should in all circumstances observe the law ; 
then marching forward to the furthest bounds of Scotland, where 
the said Robert might be found, they found him not, but 
they took all the castles with a strong hand. But they hanged 
those who had part in the aforesaid conspiracy, design and 
assistance in making him king, most of whom they caused first to 
be drawn at the heels of horses and afterwards hanged them ; among 
whom were the Englishman Christopher de Seton, who had 
married the sister of the oft-mentioned Robert, and John and 
Humphrey, brothers of the said Christopher, and several others 
with them. Among those who were hanged were not only simple 
country folk and laymen, but also knights and clerics and pre- 
bendaries, albeit these protested that, as members of the Church, 
justice should be done to them accordingly. 3 Then Sir Simon 
Fraser, a Scot, having been taken to London, was first drawn, then 
hanged, thirdly beheaded, and his head set up on London Bridge 
beside that of William Wallace. They also took to England and 
imprisoned the Bishop of S. Andrews, whom the King of England 
had appointed Guardian of Scotland, and who had entered into 
a bond of friendship with the said Robert, as was proved by letters 
of his which were found ; also the Bishop of Glasgow, who had 
been principal adviser in that affair, and the Abbot of Scone, who 
assisted the aforesaid Robert when he was received into royal 
honour. Howbeit in the meantime Robert called de Brus was 
lurking in the remote isles of Scotland. 4 

1 I.e. the firths of Forth and Clyde. 2 26th June, 1 306. 

8 Benefit of clergy, i.e. to be dealt with by ecclesiastical authority. 

4 Fabyan and some other English writers state that Bruce spent this winter in 
Norway. It is usually believed that he spent it in the island of Rachrin, off 
the coast of Antrim. This belonged to Bysset of the Glens, to whom orders were 
sent from King Edward in January, 1 306-7, to join Sir John de Menteith and 
Sir Simon de Montacute with his ships ' to put down Robert de Brus and destroy 
his retreat in the Isles between Scotland and Ireland.' Bain's Calendar, iii. 502. 

Chronicle of Lanercost 169 

Throughout all these doings the King of England was not in 
Scotland, but his son, with the aforesaid army. But the King was 
slowly approaching the Scottish border with the Queen, by many 
easy stages and borne in a litter on the backs of horses on account 
of his age and infirmity ; and on the feast of S. Michael l he 
arrived at the Priory of Lanercost, which is eight miles from 
Carlisle, and there he remained until near Easter. 2 Meantime his 
kinsman, the Earl of Athol, who had encouraged the party of the 
said Robert to make him king, had been captured, and by command 
of the King was taken to London, where he was drawn, hanged, 
and beheaded, and his head was set upon London Bridge above 
the heads of William Wallace and Simon Fraser, because he was 
akin to the King. 

After this, on the vigil of S. Scholastica virgin, 3 two brothers of 
Robert de Brus, Thomas and Alexander, Dean of Glasgow, and 
Sir Reginald de Crawford, desiring to avenge themselves upon the 
people of Galloway, invaded their country with eighteen ships and 
galleys, having with them a certain kinglet of Ireland, and the 
Lord of Cantyre and other large following. Against them came 
Dougal Macdoual (that is the son of Doual), a chief among the 
Gallovidians, with his countrymen, defeated them and captured all 
but a few who escaped in two galleys. He ordered the Irish 
kinglet and the Lord of Cantyre to be beheaded and their heads to 
be carried to the King of England at Lanercost. 4 

Thomas de Brus and his brother Alexander and Sir Reginald de 
Crawford, who had been severely wounded in their capture by 
lances and arrows, he likewise took alive to the King, who 
pronounced sentence upon them, and caused Thomas to be drawn 
at the tails of horses in Carlisle on the Friday after the first Sunday 
in Lent, 5 and then to be hanged and afterwards beheaded. Also 
he commanded the other two to be hanged on the same day and 
afterwards beheaded ; whose heads, with the heads of the four 
others aforesaid, were set upon the three gates of Carlisle, and the 
head of Thomas de Brus upon the keep of Carlisle. Nigel, the 
third brother of Robert, had been hanged already at Newcastle. 

About the same time a certain cardinal named Peter came 
to England, sent a latere from my lord the Pope to establish peace 

1 29th September. 

2 26th March, 1 307. His writs are dated from Lanercost till 4th March, 1306-7. 

3 loth February, 1306-7. 

4 Bain's Cal. Doc. Scot., ii., 1905. 5 1 7th February, 1306-7. 

170 Sir Herbert Maxwell, Bart. 

between the King of France and the King of England ; and it 
so happened that both my lord the King and my lord the said 
cardinal entered Carlisle on Passion Sunday. 1 Then in the 
cathedral church on the Wednesday following my lord cardinal 
explained the object of his legation before a very great number of 
people and clergy, and showed them the excellent manner in which 
my lord the Pope and my lord the King of France had agreed, 
subject to the consent of the King of England to wit, that my 
lord Edward, son and heir of the King of England, should marry 
Isabella, daughter of the King of France. When this had been 
said, uprose William of Gainsborough, Bishop of Worcester, and 
on the part of the King briefly informed my lord cardinal and all 
who had come thither of the manner of Sir John Comyn's 
assassination, praying that he would deign to grant some 
indulgence for his soul, and that he would pronounce sentence 
of excommunication upon the murderers ; whereupon the legate 
liberally granted one year [of indulgence] for those who should 
pray for the said soul so long as he [the cardinal] should remain in 
England, and for one hundred days afterwards. Then straightway, 
having doffed his ordinary raiment and donned his pontificals, he 
denounced the murderers of the said Sir John as excommunicate, 
anathematised, and sacrilegious, together with all their abettors, 
and any who offered them counsel or favour ; and expelled them 
from Holy Mother Church until they should make full atone- 
ment ; and thus those who were denounced were excommunicate 
for a long time throughout all England, especially in the northern 
parts and in the neighbourhood where the murder was committed. 
On the following Friday, in the same place, peace was pro- 
claimed between the said kings by the Archbishop of York, 
and [it was announced] that the King of England's son was 
to marry the King of France's daughter, accordingly as had been 
previously decreed by my lord Pope Boniface. 

In the same year, about the feast of S. Matthew the Apostle, 2 
the most noble King Edward being laid up at Newbrough near 
Hexham, his consort the illustrious Margaret Queen of England, 
came to the house of Lanercost with her honourable household. 
And my lord the King came thither on the vigil of S. Michael 3 
next following, and remained there nearly half a year. And on 
the first day of March 4 they left the said monastery for Carlisle, and 
there he held a parliament with all the great men of the realm. 

1 1 9th March, 1306-7. 2 2ist September. 

3 28th September. 4 i 306-7. 

Chronicle of Lanercost 171 

In the same year Friar N. de M or was sent by the Queen to 

On Easter Day : the aforesaid Dungal 2 was knighted by the 
King's hand ; and in the same week Sir John Wallace was captured 
and taken to the King at Carlisle, who sent him to 
London, that he should there undergo the same doom as A ' D ' ! 
his brother William had suffered. Howbeit, notwithstanding the 
terrible vengeance inflicted upon the Scots who adhered to the 
party of the aforesaid Robert de Brus, the number of those willing 
to establish him in the realm increased from day to day. 3 
Wherefore the King of England caused all the chief men of 
England who owed him service to attend at Carlisle with the 
Welsh infantry within fifteen days after the nativity of S. John the 
Baptist. 4 But alas ! on the feast of the translation of S. Thomas, 
Archbishop of Canterbury and Martyr, 5 in the year of our Lord 
aforesaid, this illustrious and excellent King, my lord Edward, 
son of King Henry, died at Burgh-upon-Sands, which is distant 
about three miles to the north from Carlisle, in the thirty-sixth 6 
year of his reign and the sixty-seventh of his age. Throughout 
his time he had been fearless and warlike, in all things strenuous 
and illustrious ; he left not his like among Christian princes for 
sagacity and courage. He is reported to have said to the Lord 
before his death: Have mercy upon me, Almighty God ! Ita 
ueraciter sicut nunquam aliquem [ ] 7 nisi tantum #, Dominum 
Deum meum. 

Messengers were sent in haste to my lord Edward Prince of 
Wales, his son and heir, who arrived at Carlisle on the eleventh 
day, to wit, on the festival of S. Symphorosa, 8 and on the next day 
he went to Burgh to mourn for his father, with the nobles of the 
land and prelates of the Church, who were assembled there in 
great number. 

1 2 6th March. 

2 Dungal or Doual, one of the Pictish chiefs of Galloway, head of a powerful 
clan of the same blood as the M'Doualls of Lorn. The lands of Logan in 
Wigtownshire are still held by his descendants. 

3 In this sentence is well expressed the national character of the Scots they are 
willing to be lead but will not be driven. 

4 8th July. 5 7th July. 6 Really the thirty-fifth. 

7 The verb here is wanting in the original, which leaves the sense doubtful. 

8 1 8th July. 

(To be continued.'} 

Charter of the Abbot and Convent of 
Cupar, 1 2 20 

WHILE my friend, Mr. William Brown, secretary of the 
Surtees Society, was working on the Citeaux deeds in 
the archives of the Cote d'Or preserved at Dijon, he copied a 
charter of the abbot and convent of Cupar, which he most kindly 
sent to me with the intimation that, if I found it of value as a 
Scottish document, I should submit it to the editor of the Scottish 
Historical Review. Though the seal is lost, the skin has every 
appearance of being the original charter. But the whole structure 
of the composition and some verbal peculiarities of language 
seem to indicate that it is an abridged transcript of early date. 
There can be no doubt, however, that the writing as we now 
have it contains a faithful report of a genuine transaction. As 
the charter without doubt possesses several features of interest, 
and as it appears, so far as I can learn, to be new to Scottish 
history, it is here printed. 

Here we have Alexander, abbot of Cupar, and his convent 
entering into an obligation in January, 1219-1220, with the mother 
house of Citeaux for the yearly payment at Troyes of thirty 
marks, which King Alexander II., for the good of his soul, had 
given to the monks of Citeaux as a procuration for the abbots in 
attendance there on the fourth day of the General Chapter of the 
Order. In other words, the monks of Cupar, by their own desire, 
undertook to act as the King's agents for the yearly render of 
the benefaction, either by reason of a special grant for that purpose 
or in consideration of manifold gifts already bestowed by that 
King on their house. 

As the floruit of Abbot Alexander is fairly well authenticated, 
and as several charters or abstracts of charters of King Alexander II. 
to that abbey are extant, 1 the historical relation of our text to 
these matters may be passed over. The interest of the deed, as 

1 Register of Cupar Abbey (Grampian Club), i. 8-n, 325-9, ii. 282. 

Charter of Abbot and Convent of Cupar 173 


Ego, frater Alexander, dictus 
abbas de Cupro eiusdemque loci 
conuentus, omnibus presentes lit- 
teras inspecturis, notum facimus 
quod tenemur Domui Cistercii in 
triginta marcis sterlingorum lega- 
lium singulis annis in posterum 
in nundinis Tresensibus in festo 
apostolorum Petri et Pauli persol- 
uendis, quas Uir Nobilis Alexander, 
rex Scocie, pro remedio anime sue 
et antecessorum et successorum 
suorum, in perpetuam elemosinam 
dicte Domui contulit pro procu- 
randis abbatibus apud Cistercium 
quarto die Capituli generalis, de 
quibus triginta marcis prefatus Rex 
nobis ad uoluntatem nostram ple- 
narie satisfecit. Quod ut ratum et 
firmum permaneat in posterum 
presentem cartam sigilli nostri 
munimine roborauimus. Actum 
anno gracie Mcc nonodecimo, 
mense Januario. 


I, brother Alexander, called 
abbot of Cupre, and the convent 
of the same place, make known to 
all who shall see the present letter, 
that we are bound to the House of 
Citeaux in thirty marks of lawful 
money, to be paid yearly here- 
after in the fair of Troyes on 
the feast of the Apostles Peter 
and Paul, which the illustrious 
Alexander, King of Scotland, for 
the relief of his soul and of the 
souls of his ancestors and successors, 
bestowed on the said House in 
perpetual alms, towards the cost of 
maintaining the abbots at Citeaux 
on the fourth day of the General 
Chapter : in respect of which thirty 
marks the said King, at our desire, 
has given us full compensation. 
That this (obligation) may continue 
valid and unalterable hereafter we 
have confirmed the present writing 
with the security of our seal. Done 
in the month of January in the 
year of grace 1219. 

it seems to me, lies in the King's grant to Citeaux. Is this grant 
unique in Scottish record ? Perhaps some student of Scottish 
evidences will give a definite answer. 

My reason for asking the question arises from a study of the 
Cistercian statutes of 1256. In the twenty-second chapter of 
the fifth ' distinction ' it was laid down that on the fifth day of 
the General Chapter, before the departure of the abbots, com- 
memoration should be made of the Pope and Emperor and the 
King of France in whose kingdom the abbey of Citeaux was 
founded ; also of the King of the English, who had bestowed a 
yearly alms on the chapter ; also of the King of Aragon and 
the Duke of Burgundy. 1 It would appear that the King of 
Scots was shut out at the date of the statute from the benefit of 
their prayers. Did the obligation of the monks of Cupar cease 
at King Alexander's death ? If so, it is quite evident that 
Alexander III. did not renew the grant. 

1 Cistercian Statutes (ed. J. T. Fowler), p. 52. 

174 Rev. James Wilson 

Grants for the procuration of the abbots attending the General 
Chapter at Citeaux were by no means rare. Mr. Brown has met 
with several of this sort at Dijon made by English and Irish 
magnates, to some of which the seals are still appendent. King 
Richard of England, by charter dated 22nd September, 1189, 
gave the church of Scarborough to God, and the church of the 
Blessed Mary of Citeaux ' ad procurandos omnes abbates apud 
Cistercium per tres dies capituli generalis,' and on a repetition of 
the grant, dated nth May, 1198, the object is stated to be * de 
qua elemosina uolumus abbates procurari apud Cistercium per 
tres dies capituli generalis.' As the grant had afterwards passed 
through all the processes of ecclesiastical confirmation, the appro- 
priation of this church to the House of Citeaux became 
permanent. 1 

Grants of alms in money were by their very nature more 
precarious than grants of property, spiritual or temporal. The 
obligation depended on the continued goodwill of the donor and 
his descendants : ability to pay was a requisite of the first 
importance. The benefaction of the King of Scotland may be 
illustrated by similar grants of Irish rulers. In many respects 
the Irish grants resemble the mode adopted by Alexander II. 
The King of Connaught employed the abbot of Mellisfont as his 
agent for the payment of five marks, ' in subsidium et iuuamen 
procuracionis quarte diei abbatum ad generale capitulum Cistercii 
quolibet anno conueniencium,' which the abbot would receive 
from him on 23rd June or ist May, that the money might be 
transmitted or brought over and delivered yearly to the House of 
Citeaux in the time of the General Chapter. The king obliged 
himself and his heirs, and those who should reign after him in 
Connaught, to continue the benefaction. The charter of Donagh 
Cairbreach, King of Thomond, is drawn up in similar form, 
granting two marks yearly for the same purpose, but nominating 
the abbot of Monasternenagh (de Magio} in the county of 
Limerick as his almoner, and appointing ist May as the day on 
which the Irish abbot should receive the money. Both of the 
Irish charters may be dated within a few years after that of Cupar. 

Perhaps we have here an explanation of the omission of the 
Scottish king's name from the Capitular commemoration. The 
names of the Irish kings were also omitted, and the nature of 
the grants was precisely similar. By King Richard's grant a 
permanent endowment was made to the abbey, but the yearly 
1 Cat. of Papal Letters, i. 120, 476 ; ii. 177, 190. 

Charter of Abbot and Convent of Cupar 175 

payment of a small alms appears to have been regarded only as 
an evidence of allegiance and esteem. At all events, the political 
condition of Ireland at this period was not favourable to the con- 
tinuance of eleemosynary grants to a distant religious house. The 
same may be said of the contests in Scotland during the nonage 
of Alexander III. at the time when the Cistercian statutes were 

There was a special statute which regulated the distribution of 
the procurations sent to the General Chapter, three portions 
of which were reserved pro defunctis and allotted to the poor. 
The Cistercians are said to have prided themselves on their 
solicitude for the departed. Certain formalities were observed 
at the reception of this yearly tribute, two abbots being appointed 
for that purpose. 

It will be observed that the King of Scotland's benefaction was 
to be used on the fourth day of the Chapter, that is apparently at 
the conclusion of the session, for on the fifth day the abbots in 
attendance were to take their departure. 

A puzzling feature of the transaction is the place selected for 
the payment of the alms. Troyes is a long way from Citeaux, 
whereas Dijon, the nearest town of importance, was a recognised 
place of rendezvous for abbots and their trains on the way to and 
from the Chapter. The custom of holding fish-feasts at Dijon 
on these occasions had to be prohibited by statute. No abbot, 
monk, or lay brother could eat fish at Dijon during their stay 
there : they were also to behave themselves with becoming 
gravity, and not walk through the streets without urgent cause. 
Perhaps the Scottish abbots took another route and reached 
Citeaux by way of Troyes. 

There are a few points in this deed of which I can offer no 
satisfactory explanation. It is well known that remoteness from 
Citeaux had much to do with the attendance of abbots at the 
yearly Chapter. According to the statutes 1 of 1256 the abbots 
of Scotland, like those of Ireland and Sicily, were obliged to 
attend only every fourth year; the abbots of countries more 
distant at longer intervals. But the obligation of the abbot of 
Cupar on behalf of the King of Scots was for a yearly payment. 
Then again, the Chapter assembled on I3th September, whereas 
the Scottish render was set down for 29th June, the feast of the 
Apostles Peter and Paul. The nearest safe-conduct that can be 
found to the date of the charter for the men of an abbot of Cupar 

1 Op. clt. p. 47. 

176 Rev. James Wilson 

passing through England with money beyond the seas is dated yth 
August, 1224, granted at the request of the King of Scots. 1 On 
the same day a similar protection was granted to the men of the 
abbot of Melrose. 

The best solution of the difficulties connected with this charter 
that occurs to me is that there was frequent communication about 
the period in question between Scotland and Flanders for 
commercial purposes. For example, it is certain that in 1225 
the abbots of Cupar and Melrose had ships, freighted with wool 
and other merchandise, trading with Flanders. 2 No doubt the 
Cupar merchants penetrated so far south as Troyes, and as wool 
was the chief commodity of trade, the date selected for the yearly 
payment, 29th June, would synchronise well with the time for 
disposal of that article. The transport of money backwards and 
forwards was not a thing to be encouraged. In any case, in view 
of the commercial intercourse between Scotland and Flanders, the 
natural route for the Scottish abbots, when going to the General 
Chapter, would be through Troyes, and not by way of Dijon like 
most of the other prelates. There can be little doubt, however, 
that some of the abbots of Cupar in the fourteenth century 
journeyed to Citeaux by way of Dover, 3 a route by which they 
must have inevitably passed through Dijon, but this perhaps may 
be accounted for by the English predominance in Scotland at 
that period. 

Sir Archibald Lawrie, who has seen a proof of this paper, has 
been good enough to add the following note. 


The Scottish Cistercian monasteries in 1218-1219 claimed the assistance 
and protection of the parent house at Citeaux, because in 1218 the Papal 
Legate sent two English ecclesiastics to Scotland, with powers to release 
the parish priests and the people from the ban of the General Interdict, but 
excepted from this release bishops and prelates, including the abbots and 
abbey churches of the Cistercian order, although these abbeys held many 
Papal Bulls permitting Mass to be said privately during an Interdict. The 
result of the Legate's order was that the Cistercians were altogether 

The Abbots of Melrose, Newbattle, Cupar, and Kinross, and the Prior 

of St. Serf's were summoned to Rome in 1218 (Chron. of Metros, p. 1 33) 

because they disregarded the orders of the Legate. The Abbot of Citeaux 

successfully exerted himself on their behalf, and to the confusion of the 

Legate, Abbot Conrad of Citeaux was in 1218 (or 1219 ?) created Cardinal 

1 Patent R. 8 Hen. iii. m. 5. * Ibid. 9 Hen. iii. m. 5. 

8 Close R. 31 Edw. i. m. 6. 

Charter of Abbot and Convent of Cupar 177 

Bishop of Porto, and Gaucherus, Abbot of Longo Ponte, succeeded him 
at Citeaux. 

It is therefore not surprising to find a charter in France which shews 
that Alexander II., King of Scotland, helped his Scottish monasteries by- 
agreeing to provide thirty marks of silver a year for the expenses of the 
General Council of the Cistercians. 

The King's charter has not been preserved, probably it stated from what 
source the money was to come, but the king may (and not unreasonably) 
have said to the Abbot of Cupar, you must take the trouble of seeing that 
the money is sent and that it reaches the proper hands, and, so to supple- 
ment the royal charter, the Abbot of Cupar, for the moment representing 
the Cistercian houses in Scotland, granted a letter obligatory of payment 
to the house of Citeaux of the amount of the King's grant. 

The time and place of payment, probably unfixed in the King's charter, 
were in this obligation stated to be the annual Fair of Troyes, held on the 
festival of the Apostles Peter and Paul, to whom the church of Troyes was 

Doubtless, as Dr. Wilson suggests, Troyes was a convenient place of 
payment, having regard to Scottish trade and money dealings. 

I venture to doubt whether the document discovered at Dijon, and 
transcribed by Mr. Brown, is the original granted by the Abbot of Cupar. 

It seems to me to be only an abstract, defective in many ways. It 
has been suggested that * dictus Abbas de Cupro ' seems to indicate that 
the deed is a copy. I do not know that * dictus ' indicates that ; in the 
Register of Aberdeen we find * Frater Laurentius vocatus Abbas de 
Melros.' Dictus and vocatus may be terms of humility. I miss the usual 
words of greeting to the faithful sons of the Church. The beginning 
is abrupt and compressed, 'ejusdemque' I don't like, it is always *Et 
ejusdem loci conventus.' Then to describe the abbey as l Domus 
Cistercius' is wanting in respect due to the dignified parent abbey, to 
which the filial houses were very closely bound. I think the original 
would state that Cupar lay in Scotland, would describe it as a humble 
daughter of Citeaux, would give the name of the great Abbot to whom 
and to whose successors the money was to be paid. The writer (or 
abstract maker) is wanting in courtesy not only to the Abbot but to the 
King. Alexander and his predecessors were not 'nobiles' but 'illustres.' 
The Abbot of Cupar would write of him as his Lord the King. 

I do not like pro remedio instead of pro salute, and * pro procurandis 
abbatibus apud Cistertium quarto die capituli generalis ' is surely wrong. 
Dr. Wilson translates it, 'towards the cost of maintaining the Abbots at 
Citeaux on the fourth day of the General Council' ; but is * pro procurandis 
abbatibus ' tolerable ? 

' Ad procurationem abbatibus faciendam ' or ' exhibendam ' is the 
usual form. * Nobis ad voluntatem nostram plenarie satisfecit ' seems 
disrespectful when written of a King. 

The document ends abruptly without witnesses, seemingly without the 
promised seal or even its tag. 



A Roman Outpost on Tweedside 

The Fort of Newstead 1 

r I \HE Society of Antiquaries of Scotland have crowned their 
JL enterprise of the investigation of Roman sites in Scotland 
by the excavation of Newstead, near the famous Abbey of 
Melrose, which perhaps owed a good deal of its building stone to 
the plunder of the much older remains of the Roman buildings in 
its immediate neighbourhood. Commencing in 1895 with the 
large fortress-camp of Birrens, in Dumfriesshire, the Society has 
examined the similar camps of Lyne in Peeblesshire, Camelon in 
Stirlingshire, Ardoch and Inchtuthil in Perthshire, and two 
smaller stations on the Antonine Wall, and the results have been 
published in successive volumes of their Proceedings. Some of 
these results were of more than passing interest ; taking them as 
a whole they might have been considered as affording a fairly 
good general idea of the character and circumstances of the 
military occupation of Scotland by the Romans. These were all 
manageable enterprises, undertaken and carried through by the 
Society, partly from its own resources, and partly with the help 
of generous contributions from one of its own members. 

But Newstead proved to be an undertaking of an altogether 
different character in the extent of the work, and the difficulty of 
the problems which it presented; and the Society would have 
been quite unable to carry it through had it not been for the 
generous response made both by the Fellows and by the outside 
public to their appeal for subscriptions. The appeal has been 
fully justified by the results. Newstead has far exceeded all the 
other sites in the direct light it has thrown not only on the 
Roman invasion and occupation of the southern part of the country, 
but in the details it has afforded of the everyday life and the arts, 

1 A Roman Frontier Post and its People ; the Fort of Nevosttad in the Parish of 
Melrose. By James Curie, F.S.A. Scot., F.S.A. Demy 4to. Pp. xx, 432, with 
plans and 97 plates and many other illustrations. Glasgow : James MacLehose & 
Sons. 1911. 425. nett. 


A Roman Outpost on Tweedside 179 

crafts, and commerce of the colonists there, and of the traders 
who supplied their wants from abroad. In short, the combined 
result is a more vivid and complete picture of the Roman life of 
the first and second centuries, on the borders of a remote colony 
of the Empire, than has ever before been presented to us. 

For this brilliant result the public, no less than the Society, are 
indebted to Mr. James Curie of Priorwood, Melrose, to whose 
direction and superintendence the excavation was entrusted, and 
to whose zealous and painstaking supervision the success of the 
operations is mainly due. When he undertook the work he had 
little idea how large an undertaking lay before him, or into how 
many byeways of archaeology it was to lead ; but the more it 
disclosed itself the more resolutely he stuck to it, until he had the 
satisfaction of seeing it completed after five years of strenuous 
work. And now he has given to the world a sumptuous book of 
over 400 quarto pages, in which are recorded in the fullest detail 
the facts observed throughout the operations, and the conclusions 
drawn from them, with admirable illustrations and descriptions of 
the vast multitude of relics that were found. He has also given 
full citations of the archaeological evidence relating to the 
numerous problems requiring further elucidation than was obtain- 
able on the spot. For this he has visited and carefully examined 
the principal Roman sites and collections in England, and on the 
Continent, where so much has recently been done to throw fresh 
light on the details of the Roman military occupation of the 
confines of the Empire. 

He has thus proved himself in all respects emphatically the 
man for the occasion, and it may be confidently predicted that his 
book will remain the principal authority on Roman antiquities in 
Scotland for a very long time, if indeed it is ever possible that it 
can be superseded. 

The story of the site is traced from 1783, when a Roman altar 
was casually discovered. In 1830 another altar was met with, 
and in 1846 some rubbish pits were exposed during the cutting 
of the railway line ; but for more than half a century afterwards 
the memory of the buried altars and the tradition of the pits was 
all that remained to connect it with the Romans. In 1903 Mr. 
Roberts of Drygrange, a Fellow of the Society, in some drainage 
operations on his property encountered the foundations of a large 
building, and a proposal was made that the Society should 
investigate the remains thus discovered. The site, on a rising 
ground at the base of the Eildons (whose triple summit is 

180 Joseph Anderson 

suggestive of the Trimontium of the Antonine Itinerary), 
commands the passage of the Tweed in the line of the Roman 
Road over the Cheviots from Corbridge-on-Tyne, which crosses 
the Oxnam at Cappuck where the remains of a Roman fort had 
been partially explored by the late Marquis of Lothian in 1886. 
It was therefore an important site which might reasonably be 
^expected to repay excavation, although no sign was visible on 
the surface of the fields which had been under cultivation from 
time immemorial. 

The process of unravelling the complicated problems of the 
successive reconstructions and adaptations of the forts and their 
defences and interior buildings during the progress of the excava- 
tions is most interestingly told by Mr. Curie. The ultimate 
result was an accumulation of incontestable evidence that New- 
stead had been by far the most important military station of the 
Roman army in Scotland, including a great camp of the usual 
form, fortified by a ditch and rampart, and containing an area 
of 49 acres. A little way off the north-west corner of this 
camp lay the remains, wholly underground, of the smaller but 
more solidly and elaborately constructed forts, superposed the one 
above the other, which it is the object of the book to describe. 

As finally made out, these remains consisted of an early fort on 
the lower level, with an earthen rampart and two ditches, enclosing 
an area of about 1 2 acres, and a later fort of larger size which had 
been built partly over the site of the earlier one. From the 
ingenious arrangement of the ramparts and ditches of the early 
fort for the protection of its four gates an arrangement that has 
not been observed elsewhere as well as from the evidence of the 
pottery found in its ditches, it was clearly referable to the advance 
of Agricola. It seems to have been abandoned after a brief 
occupation, and at some considerable time afterwards and partly 
on the same site there was constructed the largest known fortress- 
camp in Scotland, covering with its defences an area of more than 
20 acres, with an interior space exceeding 15 acres in extent. It 
was of the usual rectangular shape with rounded corners, and had 
four gates, one on each side placed opposite to each other. The 
outside defences consisted of three parallel lines of ditches from 
12 to 23 feet in width and 9 to 12 feet deep, a stone wall 7 feet 
thick, and an earthen rampart 38 feet wide at the base. 

Inside the rampart, and directly behind it, was a wide roadway 
running all the way round the interior. There were towers at 
the gateways, and streets or roadways about 40 feet in width 

A Roman Outpost on Tweedside 181 

ran across the interior from one gateway to another. The spaces 
between these streets were occupied by ranges of stone buildings, 
the chief of which was the Principia, better known in Scotland 
as the Pretorium, an imposing erection 131 feet by 104 feet 
the largest of its kind known in Britain. It had a court in 
front 70 feet by 62 feet, open above, and surrounded on three 
sides by an ambulatory 10 feet wide, the roof of which was 
supported on pillars. In front of the court was an entrance 
hall of greater length than the width of the court and extending 



into the street in front a unique feature in Britain. In a 
range of five rooms at the back of the building, fronting to 
the inner court, the one in the centre contained a sacellum, 
probably for the standards and the sacred emblems. 

Close by it was a well 25 feet deep, the upper part of which was 
filled with building stones, among which was part of an inscribed 
tablet ; at 8 feet down was a human skeleton, apparently of 
a woman, judging from the two brooches that lay near it ; at 
12 feet down an altar, dedicated to Jupiter, and a brass coin of 
Hadrian ; from this to 22 feet a medley of bones of animals, 
deer-horns, skulls of oxen and horses, mingled with broken. 


Joseph Anderson 

pottery, soles of shoes, and torn fragments of leather garments ; 
at 22 feet a human skull and part of another, and some scale 
armour of brass ; at the bottom an iron breastplate, pieces of 



w s a 10 u 

a j'o o it to n to so 100 feet 

chain mail, and the boss of a shield, two knives, a sickle, and 
a linch-pin, a quern stone, and two stones having the figure 
of a boar, the symbol of the twentieth legion, carved on them ; 
and, finally, the oaken bucket of the well. 

A Roman Outpost on Tweedside 183 

Next to the Principia, the largest building was a dwelling-house 
built round a central court, probably the house of the commandant. 
The spaces between the roads leading from gate to gate were 
occupied by long narrow buildings arranged in rows with streets 
or lanes between them, serving as officers' quarters, barracks, 
granaries, storehouses, workshops, and stables. Their arrange- 
ment is shown on a large plan by Mr. Thomas Ross, LL.D., 
architect, and each of the more important buildings is carefully 
described by Mr. Curie and compared with analogous construc- 
tions in similar forts in England and in Germany, so that the 
reader who desires to study the subject in detail may easily 
acquire a good working knowledge of the interior economy of a 
typical Roman frontier fort of the first or second century. 

The amount of rearrangement and reconstruction the fort 
and its defences had undergone made it difficult, during the 
progress of the work, to obtain a clear idea of the significance 
of the various alterations ; but when the whole testimony of 
the evidence was sifted and simplified to general conclusions they 
are summarised by Mr. Curie as indicating five different phases 
of occupation. First there was the original fort constructed by 
Agricola, about A.D. 80, which seems to have been partly 
reconstructed and occupied by a considerable force till some time 
after A.D. 86, when it was suddenly abandoned, and not re- 
occupied until the advance into Scotland of Lollius Urbicus in the 
reign of Antoninus Pius, about A.D. 140. The forces of Urbicus 
would find the fort and its earthworks much as its earlier garrison 
had left them, and its re-occupation and the repair of its defences 
would naturally follow. By and bye, the more settled conditions 
resulting from the construction of the Antonine Vallum between 
the Forth and Clyde would admit of a reduction of the garrison 
at Newstead, which might account for the alteration of the size of 
the fort by the construction of the reducing wall. Some eighteen 
or twenty years afterwards there seems to have been a Brigantian 
uprising involving a loosening of the hold of the Antonine Vallum, 
and probably the loss for a time of such isolated forts as Birrens 
and Newstead. 

The re-occupation after this opens the final chapter of the 
history of the fort. There was much alteration and rebuilding, 
the reducing wall was thrown down and a larger garrison installed. 
But the reconstructed buildings had less of the character of per- 
manency, and it was evident that the hold on the north was 


1 84 

Joseph Anderson 

4 And then, probably somewhere early in the reign of Commodus (c. A.D. 1 80) 
when we know that the British war was pressing heavily, must have come 
the end. The Roman grasp of the Vallum must have given way, and with 
it their hold of the supporting forts, such as Birrens and Newstead. How 
these fell it is improbable that we shall ever know, and yet traces of the 
catastrophe which overwhelmed them have been revealed to us after the 
lapse of many passing centuries. It is the secret drawn from the wells and 
the rubbish pits a tale of buildings thrown down; of altars concealed, 


thrown into ditches, or into pits above the bodies of unburied men ; of 
confusion, defeat, abandonment ; of a day in which the long column of the 
garrison wound slowly southward across the spurs of the Eildons, leaving 
their hearths deserted, and their fires extinct.' 

Three separate lines of evidence concur to sustain and corro- 
borate these conclusions. There is first the evidence of the super- 
position and relation to each other of the buildings of the fort and 
its defences. The second line of evidence is derived from the 
dates of the coins recovered and the relative positions in which 



A Roman Outpost on Tweedside 185 

they were found. Altogether 249 coins were found during the 
excavation, and these are described with full numismatic detail, and 
the evidence they afford is critically discussed by Dr. George Mac- 
donald in an appendix of thirty pages. Then there is the evidence 
of the pottery, which always plays an important part in the deter- 
mination of the chronology of Roman deposits. The nature of 
the fabric, the shapes of the vessels and the stamps of the potters 
all afford critical indications of date, so that single potsherds that 
may seem to the uninitiated to be the most worthless things possible, 
may yield important indications of chronology to the archaeologist. 

Roman pottery consisted of many varieties of fabric, shape, and 
ornamentation, the character of which changed with the fashions of 
the times, but in that which is found in Britain certain forms 
predominate. Of these the bright red lustrous ware, possessing 
a colour and lustre almost resembling sealing-wax, is the most 
important. Formerly spoken of as Samian ware, which is a mis- 
nomer, it is now generally known as Terra Sigillata, a pedantic 
appellation, intended to signify the mode of applying its decoration 
by stamping the designs on the interior of the mould in which 
the vessels are shaped, so that the decoration appears on the 
exterior of the vessel in relief. It was first made in Italy at 
Arezzo, but the Aretine potteries declined in the first century ot 
the Christian era, and few of their products reached Britain. But 
coincident with the decline of the Italian potteries there arose a 
colonial manufacture of this red ware in Gaul, from which an 
extensive exportation to Britain commenced early in the first 
century, and continued throughout the whole of the Roman 
occupation of Scotland. In a critical examination of all the pottery 
found at Newstead, as luminous as it is comprehensive, and copi- 
ously and finely illustrated, Mr. Curie classifies and describes the 
different types, indicating their relative dates, the Gaulish potteries 
from which they came, and their distribution on Roman sites in 
England and on the Continent. 

Adjoining the east, south, and west sides of the fort there 
were large spaces of less regular form measuring about 7, 14, 
and 20 acres respectively, enclosed and defended by ditch and 
ramparts. These annexes are a not uncommon feature of the 
larger and more permanent Roman frontier forts. In such settle- 
ments were found the time-expired soldiers, and the traders and 
camp followers, living in tents or wooden huts, or other flimsy 
buildings of which no traces now remain. In Britain little has 
yet been done in the way of examining or excavating these civil 

1 86 Joseph Anderson 

settlements, but the experience at Newstead shows that they may 
yield even more varied and more important revelations of the 
civilisation and culture of their occupants and of their military 
neighbours than the fort itself. 

In the west annexe stood the baths of the fort, a large block 
of buildings 310 feet in length, dating probably from the first 
advance of Agricola, and provided with all the apartments and 
appliances pertaining to the luxurious customs peculiar to much 
warmer climates than that of Caledonia. No other building of 
any importance was found in these annexes, and the interest 
attached to them lay not in constructions on the surface but 
underground, in the wells and rubbish pits so thickly scattered 
over their areas. The pits varied greatly in dimensions, and from 
4 to over 30 feet in depth. Over a hundred of them, including 
ten in the field to the north of the fort, were cleared out. Their 
contents were exceedingly miscellaneous, but all the best things 
found at Newstead came from them. One pit contained at 
20 feet down the skulls of two horses, 2 feet lower two chariot 
wheels with their iron tires and a human skull with a sword- 
cut in it ; lower still, a pair of shoe-soles with tackets, and the 
antler of an elk, and at the bottom, 23 feet down, an oak bucket 
with its iron handle and mountings, another horse's skull and 
the skulls of five dogs and antlers of red deer. Another con- 
tained a whole set of smith's tools and the contents of a smithy, 
including five spear-heads, four pioneers' axes, four scythes, and 
a sword-blade, with the usual medley of animal bones, a human 
skull, broken pottery, scraps of leather garments, shoes, and a 
woman's boot, the uppers of which were finely ornamented in 
open-work and the sole filled with tackets. Another contained 
the bones of nine horses, and underneath them the skeleton of a 
female dwarf whom Professor Bryce judged to have been about 
twenty-two years of age and only 4 feet 6 inches in stature. 

The richest of all the pits was one in the south annexe, 19 
feet deep, from which came an iron helmet with visor face- 
mask, a helmet of brass embossed with a group of figures repre- 
senting a chariot race, another iron helmet undecorated, the ear- 
piece of a third helmet of iron, nine bronze discs or phalerae, 
each inscribed with the name of the owner, two shoulder-pieces 
and two elbow-pieces of bronze, each also having the name of the 
owner scratched in cursive letters on the inside face ; a large 
embossed circular plate of bronze, two bridle-bits of iron, an iron 
armlet, a quern of Niedermendig lava complete with its iron 

A Roman Outpost on Tweedside 187 

spindle and mountings, a quantity of fragments of ornamented 
pottery and of amphorae, torn pieces of leather garments, deer 
horns, and skulls of a horse and a dog. 

The formidable task of the classification and critical description 
of the vast amount of miscellaneous material recovered from 
these pits, or casually found in the course of the excavation of 
the fort itself, might have daunted many excavators, but Mr. 
Curie has accomplished it with signal success. His chapters on 
the altars and their inscriptions, the dress, armour and weapons 
of the Roman soldier, the tools and implements, transport and 
harness with its mountings, and miscellaneous odds and ends, 
are really treatises on the several subjects which leave scarcely 
any aspect or relation of the objects untouched, and all are 
brought up to the level of the latest discoveries. 

The value of these chapters to the archaeological student is 
greatly enhanced by the fact that Newstead has yielded such a 
number of things that are either new, or have been hitherto 
very imperfectly known in Britain. The visor masks of the 
helmets, which form such a striking feature of the collection 
and are so admirably illustrated in the book, are compared 
with all the known examples, and reasons assigned for attributing 
their purpose to display in tournaments rather than use in actual 
warfare. The one still attached to its head-piece, which is em- 
bossed with an elaborate representation of carefully dressed and 
curling hair, shows a fine type of face, and ' even in its present 
mutilated condition must rank as one of the most beautiful things 
the receding tide of Roman conquest has left behind it.' It is 
also certainly the most marvellously fine example of wrought 
iron-work ever seen in this country. The other face-mask of 
brass is neither so fine in design or execution, but has its points 
of distinction, and is by no means an every-day work of art- 
craftsmanship. The embossed helmet of bright yellow brass 
with a high triangular peak in front has its head-piece covered 
with a design embossed in high relief, showing a nude figure 
driving a chariot to which are harnessed a pair of leopards, and 
a winged Victory hovering above. 

The varieties of defensive armour found at Newstead include 
scale-armour of iron and of brass, chain-mail of circular links, 
both in iron and brass, some being riveted and others welded, 
breastplates of iron, and shields of which only the ribs or 
mountings remained. The offensive weapons included swords 
of two types, probably representing the legionary and the 

1 88 A Roman Outpost on Tweedside 

auxiliary, bronze mountings of scabbards, spear and javelin heads 
in great variety of form and size, and arrow and bolt heads. 

Caltrops have been often said to have been unknown till 
medieval times, but two of different sizes were found at Newstead. 
Among the miscellaneous objects of common camp furniture 
the camp-kettle of beaten bronze of various sizes, with its iron 
bow-handle, was greatly in evidence, and occasionally had the 
name of its owner scratched or punctured in it. Besides these 
culinary vessels of homely type there were two large and highly 
ornate vessels of bronze of the kind to which the Greek name 
' Oenochoe ' might be applied. They are really fine works of art 
and must have come from Italy. 

By no means the least interesting parts of the book are those 
in which there can be traced the commingling of the native 
culture, and native products, with the culture and products of 
the purely Roman civilisation. For instance, a picture may be 
drawn in outline of the appearance of the valley of the Tweed, 
and the details of the flora and fauna filled in from the reports 
on the vegetable and animal remains found on the Roman level, 
and identified and described by Mr. H. F. Tagg of the Botanic 
Gardens and by Professor Cossar Ewart of Edinburgh University, 
who discusses with the ripe knowledge of an expert in the subject 
the characteristics and probable descent of the breeds of horses, 
cattle, and sheep whose remains were found at Newstead. Then 
we have the native inhabitants revealed, if not by their individual 
remains, by the Late Celtic decoration of a sword-hilt, and the 
ornaments of one or more sword-sheaths and harness mountings. 
The presence of native women and children is testified by their 
boots and shoes, by the evidences of spinning and weaving and 
basket-work, and by the personal ornaments. The brooches, 
or fibulae, beads, etc., have a chapter to themselves, and their 
enamelled ornamentation is of great beauty and interest. 

It is impossible in a brief notice like this to touch upon all the 
points of interest that have arisen during the progress of the 
excavations, or are connected with the exposition of the character 
and relations of the objects found. Let it suffice to say that the 
outstanding characteristics of Mr. Curie's book are thoroughness 
of treatment and breadth of expert knowledge, the fruits of 
experience and resolute research. 


Reviews of Books 

LAND, A. D. 1153-1214. Collected by Sir Archibald Campbell Lawrie. 
Pp. xxxvi, 459. 8vo. Glasgow: James MacLehose & Sons. 1910. 
i os. nett. 

IN Early Scottish Charters Sir Archibald Lawrie's aim was not merely to 
produce correct texts, but to make the charters serve as annals of the 
period, by putting each of them, as far as possible, in its true historical 
connection. For the succeeding period, corresponding roughly to the 
English reigns of Henry II., Richard I. and John, charters are many, 
chronicles contemporaneous and circumstantial, and English records 
increasingly voluminous. He has, therefore, begun with providing the 
setting ; that is, a series of extracts from the chronicles and records, 
arranged so as to give a chronologically accurate outline of the history. 
Many papal Bulls are included, some as historically valuable, some (I 
take it) simply because they can be dated, and therefore can be safely 
used as landmarks. And all chronicle notices of even rather obscure 
persons are given ; thus the charter student is provided with materials 
which hitherto he could only have obtained by laboriously collecting 
them himself. I congratulate the editor on what he has accomplished, 
and hope that the reception of his work may be such as to encourage 
him to proceed. 

But the outline history from primary sources is of more general interest. 
By restricting his period, he has been able to give practically complete 
what his predecessors, including Mr. A. O. Anderson, could only give in 
selection. Naturally, most of the book is in Latin ; Gaelic extracts, 
being few, are given in Gaelic and English, old French extracts, being 
many, in English only, whereby space is saved but colour lost. For the 
plan of the work precludes the selection of passages not referring to 
Scotland, even for the sake of their literary charm. So the lighter 
vein is rare ; we have, however, St. Cuthbert's vengeance on the sacri- 
legious bull-baiter of Kirkcudbright (p. 90), and the curious tale of 
King Malcolm and his mother (p. 102) ; this latter introduced, I suspect, 
as an argument against the authenticity of an often-quoted Kelso charter. 
The editor's proneness to scepticism in such matters, so marked a feature 
of his previous book, is still at work, but not so much in evidence here as 
there. In one case, indeed, that of the Bull of Pope Adrian IV. sub- 
jecting the Scottish Bishops to the metropolitan jurisdiction of York, a 
quite surprising complacency is shown. The Bull was rightly included 

1 90 Lawrie : Annals of Malcolm and William 

by Haddan and Stubbs in their collection, for its genuineness is not 
altogether impossible. But its best friends could put the case no higher. 
It is ' one of a series of late copies, stands in bad company, and is itself 
a very questionable document,' so says Cosmo Innes ; it is not a verdict, 
but the observation is undeniably just. 

The bulk of the book is derived from English historians, who (as 
the editor remarks), tell us little or nothing of the internal affairs of 
Scotland. But they are far from exhibiting uniformly an anti-Scottish 
bias ; clearly King William, in spite of his determined attitude in the 
affair of the rival Bishops Hugh and John of St. Andrews, stood well 
with the church ; better perhaps than any of the English Kings, his 
contemporaries. And in those days all historians were churchmen. 

Both Malcolm and William were all their lives pro-Norman, if not 
pro-English. And William, after the fiasco of 1 1 74, though sometimes 
on bad terms with his southern neighbour, always avoided actual conflict. 
From 1210 onwards his policy, if not surrendering the independence 
of Scotland, certainly tended to compromise it. That what he did was 
contra voluntatem Scotorum (p. 366), is easily credible. But the Treaty 
of Norham inaugurated that tempus pads to which men afterwards 
looked back as the golden age. To attribute his policy to fear of Celtic 
reaction, seems to me to transpose cause and effect ; the texts imply 
rather that it was the King's compliance with England which provoked 
his magnates, or some of them, to complicity with Macwilliam. As to 
the story of an English contingent sent in 1212 to co-operate against 
that rebel, the editor seems suspicious, and so am I. Why are the 
English records silent on the subject ? But if there was such a con- 
tingent, however small, it is not hard to believe that it readily obtained 
(in England) full credit for the success of the compaign. 

The remarks in the preface as to the legislation attributed to our 
early Kings, are interesting, but will not command universal assent. 
To call Thomas Thomson * most arbitrary of editors ' is somewhat hasty. 
That great scholar's modesty took the form of an almost morbid dislike 
of committing himself in prefaces or commentaries ; hence he gave the 
world his conclusions, but rarely his reasons. But if his work were to 
be done over again by a competent modern, from the same materials, 
the result would perhaps differ only in minor details. If such a task is 
to be usefully undertaken, it must be on the lines of Miss Bateson's work 
for the Selden Society, and from the standpoint of Sir Thomas Craig 
the history of Scottish law must be treated as part of the history of 

the law of Europe. , ,_ _ 



Pp. x, 157. Med. 8vo. London : Longmans, Green & Co. 1910. 

55. nett. 

To review this argument fairly it would be necessary to repeat it, and that 
can scarcely be done in smaller compass than the original. It is an answer 
to the interesting work of Colonel Fitzwilliam Elliot in The Trustworthiness 

Lang : Scott and the Border Minstrelsy 191 

of the Border Ballads (1906) and Further Essays on Border Ballads (1910) ; 
chiefly, a refutation of the charge made against Scott in the latter book, of 
having joined with Hogg to 'palm off' the ballad of Auld Maitland on the 
public. The other subjects are the ballads of Otterburn, Jamie Telfer and 
Kinmont Willie. 

The discussion of Auld Maitland, which comes first, is the most im- 
portant, because the evidence there put forward by Mr. Lang has a bearing 
on all the rest of the Border Minstrelsy. Mr. Lang proves conclusively that 
Colonel Elliot is wrong in thinking that Auld Maitland was forged by 
Hogg, and of course with the exploding of that opinion the allegations 
against the good faith of Scott are also cleared away. The proof is in 
Hogg's manuscript copy of the ballad now at Abbotsford, and in Hogg's 
letter to Scott, dated Ettrick House, June 30 (1802). This letter, which 
has never been published as a whole, is remarkably interesting both with 
regard to the tradition and collection of ballads in general, and also the 
motives and critical skill of Hogg. Hogg, it is clear, was not only 
thoroughly and genuinely taken up with the pursuit of ballads over the 
country side, but also an excellent critic. Thus he marks the end of 
Clerk Sounders and the place where Scott's version of the ballad passes into 
another (Sweet William's Ghost) * All the rest of the song in your edition 
is another song altogether, which my mother hath mostly likewise, and I 
am persuaded from the change in the stile that she is right, for it is scarce 
consistent with the forepart of the ballad.' 

It is a pity that Mr. Lang does not give the whole letter, and does not 
say what he has omitted. It is partly printed in Mr. Douglas's edition of 
Scott's Letters (1894) i. p. 12, but there the technical parts are left out 
(including the sentence quoted above) apparently as unfit for the * reading 
public,' and here Mr. Lang leaves out a good deal of the end of the letter, 
without remark all the glorious passage about Hogg and his uncle and 
how religion interfered with the ballads 'what a deluge was poured on me 
of errors, sins, lusts, covenants broken, burned and buried, legal teachers, 
patronage, and what not ! In short, my dram was lost to my purpose. 
The mentioning a song put him in a passion.' There never was such a 
letter writer as Hogg. 

From Hogg's copy of Auld Maitland it is proved that his account of his 
mother's recitation is true ; he was not inventing ; he takes down what he 
does not understand. He writes : 

* With springs ; wall stanes and good o'ern 
Among them fast he threw,' 

Which Scott corrected : 

4 With springalds, stones and gads o' aim.' 

There is a grammatical point which Mr. Lang does not mention, which 
seems to help in the same direction. The ballad uses ' inon ' for * in ' or 
4 on ' or ' upon.' 

But sic a gloom inon ae browhead. 

192 Lang : Scott and the Border Minstrelsy 

Earlier we find : 

Then fifteen barks, all gaily good, 
Met themen on a day. 

So printed ; read 

Met them inon a day. 

This idiom is evidently found in the original. Hogg's copy is what it pro- 
fesses to be ; he wrote down Auld Maitland as accurately as he could from 

This still leaves the problem : Where did the ballad come from ? It is 
not a true ballad ; in style it is a mixture of the ballad and the hack 
romance. The latter element comes out in the * springald ' verse 

4 With springalds, stones and gads o' aim 
Among them fast he threw.' 

This is prosy grammar, such as historians use. Auld M ait land came 
into oral tradition from a more or less literary source ; it is not the same 
sort of thing as the ballads which have their whole life in oral tradition ; it 
belongs to another stock, closely related indeed to the true ballad. That 
it was handed on in the same manner as the ballads, that Hogg's mother 
knew it, and repeated it in the same way as her other songs, and that 
Hogg's account is true, it seems impossible now to question. 

The chapters on Otterburn also prove Hogg's good faith. * Hogg had a 
copy from reciters a copy which he could not understand.' It may be 
enough, for the present, to recommend Mr. Lang's demonstration to those 
who care for these matters ; to do proper justice to it would need as much 
space as the original chapters themselves. One thing in it perhaps is doubtful. 
Hogg's version gives * Almonshire ' where ' Bambroughshire ' is usually 
read ; Hogg knew * Bamborowshire," but both his reciters insisted on 
* Almonshire.' Mr. Lang says, and one would like to believe, that 
4 Almonshire' is 'Alneshire' or * Alnwickshire,' where is the Percy's 
Alnwick Castle. But is there authority in the history of Northumberland 
for Alneshire ' ? 

In Jamie Telfer it is shown that Scott did not tamper with the facts as 
Colonel Elliot thinks he did ; there are two separate versions of the story, 
an Elliot ballad and a Scott ballad dealing the honours differently. As for 
the facts, there are none ; the story is impossible with the geography as given 
in any version ; though ' in a higher sense ' it may be true as a general state- 
ment of what might and did happen in raids and recoveries of driven cattle 
on the Borders. 

Klnmont Willie remains as a problem hard to solve. The external evi- 
dence that decides Auld Maitland is wanting in this case, except what is given 
in Satchells' narrative, and the relation of Satchells to the ballad may be con- 
strued in different ways. It is minutely examined by Colonel Elliot, with 
the conclusion that Satchells was turned into the ballad by Scott. The 
other side is presented here, not so as to deny Scott's share in the poem of 
Kinmont Willie, but so as to make it probable that Satchells, in the first place, 

Lang : Scott and the Border Minstrelsy 193 

knew a ballad on the subject of the rescue at Carlisle, and secondly, that 
Scott knew a traditional ballad independent of Satchells. The whole dis- 
cussion brings out, among other things, the dangerous nature of internal 
evidence and a priori judgments on the ballad style. The following 
example deserves to be borne in mind as a warning : 

* By the cross of my sword, says Willie then, 
I'll take my leave of thee.' 

' It looks like Scott's work,' says Mr. Lang. * But it is not Scott's work, it 
is in Satchells. ' Mr. Lang argues that if Scott had been making up his 
ballad from Satchells he would not have left this out. But it does not 
appear in Kinmont Willie. 

Mr. Lang has controverted Colonel Elliot on most points, but it would 
be wrong to overlook the services that his antagonist has rendered to this 
branch of study ; antiquarians and lovers of poetry will agree that this 
debate has had good results not only in prose, but in the three ballads of 
his own which Mr. Lang has given at the end of his volume. 

W. P. KER. 

The Rede Lecture delivered in the Senate House, Cambridge, on I4th 
June, 1910. By C. H. Firth, M.A., Regius Professor of Modern 
History, Oxford. Pp. 50. Cr. 8vo. Cambridge : University Press. 
1910. is. 6d. nett. 

PROFESSOR FIRTH was certainly happily inspired in his choice of a subject 
for his Rede lecture. There is no man better qualified to speak of the 
Great Rebellion and its consequences, while the knowledge which he 
displays of the great struggle between North and South is really remarkable. 
He deals in turn with the political, military, and personal aspects of the com- 
parison, selecting Cromwell and Lincoln as the great representatives of the 
two contests, and a most interesting and suggestive parallel it is which he 
draws between them, not altogether to Cromwell's advantage as a man, 
though of course Cromwell was a great soldier as well as a political leader. 
Both struggles are shown to have had as their formal causes the great 
question of sovereignty, but in England the contest between one man and 
a nation would never have resulted in a war but for the complication of 
the political question by religious issues. The King was only able to fight 
because the Puritan assault on the Church provided him with a party. In 
America a majority was contending with a minority to decide whether, 
as Lincoln's Inaugural expressed it, ' in a free government the minority 
have a right to break it up whenever they choose,' to prove * that when 
ballots have fairly and constitutionally decided there can be no appeal to 
bullets.' Here too a question of conscience came in, and it was Lincoln's 
great achievement that he combined the cause of the union with that of the 
slaves, inducing those whose zeal for one cause was so great that they were 
prepared to sacrifice the other object to nevertheless remain in co-operation 
until the two causes became practically fused. 

194 Firth : English and American Civil Wars 

The military parallel is not less suggestively handled. It is pointed out 
that in both struggles the victorious side owed much to the assistance of the 
naval forces of the nation and to the possession of greater resources. But 
the North had the advantage over the Parliament in having for it from 
the first all that the country possessed of a professional army. Yet this 
trained nucleus was not properly utilised to leaven the raw levies of the 
North, and whereas the Parliament owed its victory to its success in creating 
a disciplined and organised force while the Royalists remained undisciplined 
and therefore inefficient, the North achieved success in the end not by superior 
discipline and soldierliness, nor by superior strategy, but by sheer weight 
of numbers and a relentless policy of mere attrition. If Grant be contrasted 
with Lee and Jackson the comparison favours the vanquished far more than 
it does if Cromwell be matched against Rupert. 

Finally Professor Firth deals with the settlements which followed the 
wars, and the treatment meted out to the vanquished. The North may 
appear to more advantage here, but between 1650 and 1865 political 
education had progressed, and the attitude of the American nation towards 
the necessity of compromise was well ahead of the English two hundred 
years earlier ; moreover, in England stern measures were only taken after 
the Second Civil War. The lands of the Southerners were not con- 
fiscated, but they were none the less ruined by the emancipation of the 
slaves and the monstrous folly of giving the franchise to the emancipated 
negroes, while the ex-Confederates were deprived of political power, has no 
parallel in England. And this enfranchising of a class unfitted to exercise 
political power has had, as it always will, very bad results, so much so that 
Professor Firth compares its consequences to the legacy which Cromwell's 
Irish policy has left behind. 


THE LIFE OF BENVENUTO CELLINI. A new version by Robert H. 
Hobart Cust, M.A. Vol. I. Pp. xxxvii, 390. Vol. II. Pp. xx, 533. 
With portrait and many illustrations. Post 8vo. London : G. Bell 
& Sons. 1910. 255. net. 

AMONGST artistic autobiographies none stands quite so high for vividness 
of interest, picturesqueness of incident, and abandon in telling, as that 
written by Benvenuto Cellini, the celebrated artist-craftsman and sculptor 
of Florence. Mr. Arthur Symons said : ' He hurls at you this book of 
his own deeds that it may smite you into acquiescent admiration,' and 
reading his story afresh, in the new translation by Mr. R. H. Hobart 
Cust, one admits at once the vital success which attended his literary 

While Cellini's reputation as an artist is not perhaps what it was, his 
great technical finesse being required to palliate the over-ornateness of 
his style, his name still remains synonymous with all that is most 
characteristic of renaissance skill in jewellery and small-scale sculpture. 
Yet, as Mr. Cust points out, it is something of an irony of fate that 

Gust : Benvenuto Cellini 195 

the Autobiography should have acquired for him a fame such as none of 
his much vaunted works could ever have secured for themselves. 

Mr. Gust has founded his translation upon the learned Italian texts 
of Professor Orazio Bacci and of Signori Rusconi and Valeri, both of 
which appeared in 1901, and his principal object in the main very 
happily achieved has been to reproduce in English the Italian spirit 
of the original. He regrets, indeed, that it is impossible to translate 
into an English equivalent the Florentine slang used so volubly by the 
narrator himself, and, pleading that the ephemeral nature of such argot 
makes its use inexpedient, professes pity for those to whom the original 
is a sealed book. Still, for even exact students of Italian, the slang of 
sixteenth century Florence must have lost its real savour, and we who 
cannot follow its subtilties are not badly off with the directness and 
forcefulness of the translator's renderings. To this careful translation he 
has added many useful and illuminating footnotes ; a full bibliography 
(compiled by Mr. Sidney Churchill) of Cellini literature in ten European 
languages ; a list of Cellini's works derived from contemporary documents ; 
and a catalogue, founded chiefly on the researches of M. Eugene Plon 
and Mr. Churchill, of pieces by the master still extant. 

The book, which is in two volumes, is well illustrated by over sixty 
half-tone plates, chiefly of important works by Cellini. 


Parts IX., X., and XI. With two Appendices, a Glossary, and General 
Index. Edited by Lucy Toulmin Smith. Vol. V. Pp. xxii, 352. With 
two Maps. Foolscap 4to. London : George Bell & Sons. 1910. 
1 8s. nett. 

THE editor and publishers of this important work deserve the utmost com- 
mendation on the successful termination of their united undertaking. As 
each volume appeared we have not withheld in the pages of this Review 
(vols. v. 98-9, 478, vi. 294-6) our admiration for the pains and skill that 
Miss Toulmin Smith has exercised in making her labours as editor useful 
to her readers and just to her author. The last volume of the series now 
before us shows, as it was to be expected, a continuation of her former care 
and painstaking research in doing ample justice to her subject. 

Though this volume covers a wide field, comprising what may be 
regarded as a separate tour of the indefatigable antiquary, it is of special 
interest to north-country students inasmuch as it includes the counties of 
Northumberland, Durham, Westmorland, Cumberland, and parts of 
Lancashire and Yorkshire. Leland's route in the northern counties has 
been set out in an excellent map, showing the order in which he visited the 
various places, the base from whence he started and the direction of his 
journey home. The bishops and bishopric of Durham, like those of 
Lincoln, Worcester, Hereford and Canterbury, come in for a full discussion, 
and particulars are also given of several of the religious houses. 

196 Leland : Itinerary 

Miss Toulmin Smith evidently regards the preface of her final volume as 
supplementary to what has gone before, for she has collected additional 
references to her author's career and to the manuscripts and pieces of manu- 
script of his writings. Looking down the list and comparing it with the 
table of manuscripts and editions given in the first volume, one is glad to 
acknowledge that Leland has at last found an interpreter worthy of his 

Students will thank the editor for the general index which covers the five 
volumes. In these days of pace and pressure, such a time-saving apparatus 
is always welcome. The glossary, which enumerates the principal archaic 
words and explains them in the senses in which Leland understood them, is 
also a valuable addition. Seldom has it been our pleasure to bear witness 
to such excellent work, and we take leave of Miss Toulmin Smith with 
sincere regret. 


J. N. Figgis and R. V. Laurence. Pp. 378. 8vo. London : 
Macmillan & Co., Ltd. 1910. ios. nett. 

THESE lectures, which were delivered at Cambridge during the Academical 
years 1895-1899, form, as stated by the present Lord Acton in a letter 
to the Times, the last of the four volumes containing his father's col- 
lected notes ; they are edited by Mr. Figgis and Mr. Laurence. In 
expressing his thanks to these gentlemen, Lord Acton points out the 
difficulty under which they laboured owing to the fact that a homogeneous 
text had to be evolved from two different manuscripts, portions of which 
were fragmentary only ; but they appear to have executed their task 
very successfully. A book upon so important a period of history by 
such an author is most valuable. It is the work of one fully acquainted 
with the literature of his subject and fully qualified to give a well-balanced 
and judicial expression of opinion. 

Lord Acton was both a peer and a Roman Catholic, and he writes 
of a great event which shook to their foundations both the peerage and 
the Church of France, and which shook and has permanently weakened 
both institutions in every country where they existed. Yet we have 
here no exhibition of aristocratic or priest-bound prejudice. He has, it 
is true, a word to say for a Creed, observing that liberty apart from 
belief is liberty with a good deal of the substance taken out of it, and 
that 'nations that have not the self-governing force of religion within 
them are unprepared for freedom' a remark which the subsequent history 
of France itself may be held to justify. But there is no exaggerated 
declamation against the horrors of the Reign of Terror. On the contrary, 
this is his conclusion : ' The Revolution will never be intelligibly known 
to us until we discover its conformity to the common law, and recognize 
that it is not utterly singular and exceptional, that other scenes have been 
as horrible as these, and many men as bad.' 

To the casual observer the Revolution in France which closed the 

Acton: The French Revolution 197 

eighteenth century may seem to have been a bolt from the blue, or, as 
Lord Acton expresses it, a 'meteor from the unknown.' It was not so 
to him, but rather the product of historic influences ; and it is with 
these sources from which it sprang the causes which led up to it that 
his opening lectures deal. Among the heralds of the Revolution the 
author includes certain French writers of the eighteenth century who 
contributed by the promulgation of their views to the general feeling of 
dissatisfaction with things as they were. Whatever tyranny existed, it 
does not appear to have been exerted, as in more recent times in Russia, in 
suppressing a free expression of opinion. It seems to have been rather 
fashionable, among men of leisure and rank, to play with ideas which, 
when put into practice, were destined to make quick work of all 
fashionable society. 

These writers were by no means of one type, and embraced Christian 
divines, lawyers, philosophers, and politicians. Maultrot, an ecclesiastical 
lawyer whose work was published just three years before the climax, 
identified the principles of 1688 with the Canon Law and rejected 
divine right. Fenelon was, says Lord Acton, * the first who saw through 
the majestic hypocrisy of the court, and knew that France was on the road 
to ruin.' In his judgment, * power is poison ; and as kings are nearly 
always bad, they ought not to govern but only to execute the law.' 
D'Argenson, Minister for Foreign Affairs in 1745, c was perpetually 
contriving schemes of fundamental change, and is the earliest writer 
from whom we can extract the system of 1789.' The influence of 
such men as Turgot and of Rousseau, himself a Swiss and an upholder 
of the Swiss Republic, was doubtless great. 

But there was another influence even greater than that of individual 
writers. It was to be found in the fact of the American Republic. In 
the struggle of these Colonies against Great Britain all France had 
sympathized, since it was a struggle against her ancient enemy. In the 
success which followed it the friends of freedom in France, who had 
been somewhat dreamy and speculative over the subject, saw an example 
of theory put into practice and a nation in which democracy ruled alone 
and as it might yet do in their own country, if only the opportunity arose. 
What proved ultimately to be the opportunity did not seem at first a 
likely one. * The confluence of French theory with American example 
caused the Revolution to break out, not in an excess of irritation and 
despair, but in a moment of better feeling between the nation and the 
king.' The calling of the States General, a constitutional act by an 
amiable king, pointed rather to an improvement in the existing state of 
things, and yet that convocation was the beginning of the end. The 
king wavered between the aristocracy and the people ; his weakness 
and that of his supporters was manifested; and the masses at last realized 
the strength which lay in their numbers, and that their former tyrants 
were really in their power. The Bastille fell, and the revolt became a 

The French Revolution was for a long time, especially in this country, 
identified with its excesses. It was not, men said, a revolution, but a 

198 Acton : The French Revolution 

reign of terror, a devilish outburst of atheism and cruelty, stained by the 
murder of a good king and a beautiful queen, and sending into exile an 
ancient aristocracy whose members were reduced to giving music and 
dancing lessons, or teaching their own language so as to earn the bare 
means of existence. To it and to the fears which it aroused are to be 
attributed the extravagances of men like our own Braxfield and the dire 
fate of such harmless individuals as Thomas Muir. The cause of reform 
was set back, and every effort to ameliorate the condition of the masses 
was apt to be identified with French infidelity. The enemies of progress 
rejoiced. But we trust it is not true, as stated by Lord Acton, that 
Pitt refused to save Louis XVI., because his execution would have raised a 
storm in England sufficient to submerge the Whigs. 

Yet of the tyranny, the religious hypocrisy, the preposterous class 
privileges, which preceded and brought about the Revolution, one heard 
little. That time has passed. That the Revolutionary party committed 
terrible mistakes it is impossible to deny. In its wild efforts to secure 
liberty it for a time destroyed all liberty, and the country only exchanged 
one tyranny for another. Nevertheless, the cause was a good one. Lord 
Acton recognizes a much weaker right in the Americans to rebel than that 
which the French could claim. But the American movement resulted 
at once in a well-established and permanent constitution, while the French 
had many a stormy year before them and strange experiences in the way of 
rulers. For they took from the Americans 'a theory of revolution, not 
a theory of government.* 

To deal with a subject such as this in the course of a few lectures 
implies much compression of historical detail, yet enough has been given to 
render these pages bright and interesting, although men will seek in Lord 
Acton the able expounder of principles and the critic of men and measures 
rather than the narrator of a picturesque story. 


ham, B.A. Trin. Coll. Dublin, of Girton College, Cambridge. With 
an Appendix containing a reprint of Des Finances de I 'Angleterre. By 
H. Lasalle. Pp. vi, 146. Crown 8vo. Cambridge : University Press. 
1910. 2s. nett. 

A SIDE of Napoleon's policy which has been subjected to much adverse 
criticism is the Continental System, the attack on British trade by attempt- 
ing to close Continental ports to British merchants and goods ; while he 
was pursuing this policy he is said to have committed a great blunder by 
allowing corn to be imported into Britain in 1810, when the country was 
greatly in need of it. Miss Cunningham has taken up this aspect of the 
Napoleonic Wars, with the object of shewing that, though the Emperor's 
project failed, it was not a great mistake based upon obsolete mercantilist 
theories, but a well-considered attempt to undermine the whole fabric of 
British credit by depleting the gold reserve in the Bank of England, and 
thus to attain indirectly the object which the Trafalgar victory had shewn 
him could not be accomplished by a direct attack. 

Cunningham : British Credit 199 

Miss Cunningham gives an interesting account of contemporary French 
opinion on the subject of finance. Neither past experience nor the writings 
of pamphleteers, Paine, D'Hauterive, etc., inclined the French people to put 
much confidence in a system of public borrowing or in any connection 
between the government and the banks. Lasalle, whose Des Finances de 
F Angleterre, in which the facts and figures are taken from recognised British 
authorities, is printed in the appendix, makes a careful examination into the 
position of the Bank, which he thinks had been practically insolvent since 
the suspension of cash payments in 1797. The writer most in touch with 
Napoleon was De Guer, who as an tmigr had studied British finance at 
first hand. He points out the danger of an excessive issue of paper money, 
and shews that Britain has difficulty in paying subsidies and supplying her 
armies in countries where she has no commercial credit, and must either 
lose on her foreign exchanges or export specie. 

Napoleon himself, though not a financier, held strong views as to the 
harmfulness of a weak gold reserve, of public borrowing and paper currency, 
all of which he saw existing in Britain. In 1806, therefore, he began his 
attack on British credit by the issue of the Berlin Decree, followed by the 
Milan Decree, aiming at keeping British goods out of the Continent ; and 
he also allowed the import of corn, because he thought specie must be 
exported to pay for it. The decrees could not be strictly carried out, and 
the defection of Russia ruined the scheme, but, even so, the results were 
severely felt in Britain. There was great distress, many bankruptcies, 
much unemployment, supplies of gold were hard to get, and expenses for 
the armies abroad were difficult to meet, and the Bank reserve fell from 
^7,855,470 in 1808 to 2,036,910 in 1815. Nevertheless the attempt was 
a failure, and British credit was not undermined. Miss Cunningham 
attributes this chiefly to the prosperity of agriculture during the period, to 
the facilities for trade with other countries than Europe, and to the confi- 
dence of the people in the stability of the Government. She points the 
moral that, though Napoleon failed, our credit system is far more complex 
now, and that its fall would be correspondingly greater. Therefore, we 
should see to it that our reserve is sufficient and our financial position secure. 
Miss Cunningham has given an interesting study of a very important period 
in our financial history. 


OF ST. NICHOLAS. By William Gemmell, M.B., F.S.A. Pp. 171. 
With Illustrations. Crown 8vo. Glasgow : Hay Nisbet & Co., 
Ld. 1910. 35 6d. nett. 

WHEN, a few years ago, the public began to hear about a pre-reforma- 
tion house as still existing in Glasgow, many people including the 
present writer were very doubtful about this. Those who have seen 
the great changes and transformations of the last forty years, within 
which period the city has been almost rebuilt, might well be excused 
for their scepticism, even after a passing glance at the house. As seen 

200 Gemmell : The Story of Provand's Lordship 

from the outside, it would hardly strike the ordinary passer-by as much 
different from houses of a later time to be seen in many provincial 
towns and villages where the exigencies of modern life are not so pressing 
as in a great city. 

But a minute inspection of the house all round and throughout, presents 
certain features which could not but arrest the attention of an antiquary or 
architect who had knowledge of domestic architecture. It contains features 
which are not of the ordinary kind, to be found in old town family 

The plan at once suggests that this house was not built for a family one, 
although it has been altered in later times and made suitable for this 
purpose; but rather as the common residence of members belonging to 
some ecclesiastical establishment, and that it was such a house is clearly 
shewn in this volume, in which Dr. Gemmell writes of its geographical posi- 
tion, and the documentary evidence connected with it, and Mr. Whitelaw 
of its architecture. The house is three storeys high, with three rooms 
on each storey, separated by thick walls and approached by a stair, 
from the landing of which each mid-room enters, the other two rooms 
being reached by projecting timber galleries such as were frequently 
used in our old castles and houses. In references to the middle storey, 
these rooms are spoken about in 1589 as the 'north-mid chalmer' and the 
{ south mid-chalmer,' by the occupant of the mid-chalmer. 

From the situation of the house in relation to the Cathedral and to 
the bishop's palace, the outer wall of which was within a few yards 
distance, Dr. Gemmell identifies it as the manse or clergy-house of the 
Hospital of St. Nicholas, and for the priests serving at the altars of the 
same in the Cathedral, and also for the Prebendary of Balernock. This 
hospital was founded by Bishop Andrew Muirhead in 1471, and, as 
the name implies, it served the purpose of a modern inn for the reception 
of travellers and strangers. By a piece of good luck the arms of the 
bishop can still be seen carved on the building, thus practically dating 
the principal portion. On the rear of the house another stone bears 
the date 1670, shewing, what the architectural features also shew, that 
this part is later. This is further confirmed by a sundial, which could 
hardly be earlier than the seventeenth century. Some of the other 
details, such as the fireplaces, clearly confirm these two periods. 

Such is the house which, amid the ever-changing scenes of Glasgow, 
has survived all the ups and downs of more than four centuries and come 
down to our day almost alone. From this most interesting volume by Dr. 
Gemmell and his coadjutors we learn that the house was in danger of 
being swept away when a few gentlemen, in the name of The Provand's 
Lordship Club, purchased it and so saved it from immediate destruction. 
Their venture was not a commercial speculation, but an effort to uphold 
the dignity of the city as an ancient and historical one. And this book on 
the history of its oldest house should receive a warm welcome. It is well 
illustrated, and has a good index. 


Cobb : The Rationale of Ceremonial 201 

THE RATIONALE OF CEREMONIAL, 1540-1543. Edited by Cyril S. 
Cobb, M.A., B.C.L. Alcuin Club Collections, XVIII. Pp. Ixxv, 80. 
With Illustrations. 8vo. London : Longmans, Green & Co. 1910. 
I os. 

LITURGICAL students who recognise the debt of gratitude they owe to 
the Alcuin Club for giving them access to original sources of information 
will welcome the above work. In this case the sources are two MSS., 
one at Lambeth and the other in the British Museum. The interest of 
the Rationale lies not only in itself, but also in that it opens the door to 
a comparison between the Reformation movement in England and in 
Germany. This is admirably dealt with by Mr. Cobb in his Introduc- 
tion. Erasmus, in deploring the destructive violence that accompanied 
the Reformation abroad, asked, ' Is there no middle course ? ' Something 
of this middle course was indicated by the Rationale. It was not, it is 
true, a revision of the old services, but it was an attempt to give them a 
higher religious value by making them more intelligible to the people. It 
distinguished between things ' necessary for a Christian man's life ' and 

* rites and ceremonies devised by men,' and it sought to remove the danger 
of superstition by explaining the inner meaning of externalism. 

A study of Appendix I. will show the student that its desire to popularise, 
in the best sense of the term, public worship, was both in keeping with the 
traditions of the Church of England as well as with the tone of con- 
temporary religious literature. 

Though now printed for the first time, it has an importance that is due 
to its probable date. While not unmindful of present evils, nor lacking in 
insistence upon that spiritual character of Religion, which was the essence 
of the Reformation, it exemplifies that desire for continuity which charac- 
terised Anglican Reform, and which justifies Mr. Cobb's statement that 

* there is nothing in the Rationale which the English Church cannot accept 

Facsimiles are included of some of the handwritings of the two MSS., 
together with other interesting matter. The footnotes betoken wide 
reading. This work is a real and valuable contribution to learning. 


BERCY. Par M. Lucien Lambeau. Pp. 506. 4to. With Illustrations. 
Paris : Ernest Leroux. 1910. 12 fr. 50. 

THIS volume is the first of a series of monographs planned by the General 
Council of the Seine, which are to collect and combine the available 
materials into a history of the communes which were united to Paris in 
1859 up till the time of their annexation. That the author is well qualified 
for his task is amply proved. 

The district of Bercy lies to the south-east of Paris, on the right bank 
of the Seine, and M. Lambeau gives a full account of its topography from 
the fourteenth century onwards, with accompanying plans. The owners 
and tenants of the various sections, some of them distinguished names in 

202 Lambeau : Bercy 

the annals of France, are fully discussed, as also the Seigneurie, with 
the chateau and its treasures. The town of Bercy and its social, political, 
industrial, and ecclesiastical history naturally occupies the greater part of 
the book. It was formed into a commune in 1790, and then in 1859, 
with the other neighbouring communes, became incorporated with Paris. 

M. Lambeau's volume is thus full of information on the growth of 
municipal and communal institutions, the progress of industry in a suburban 
township, and the gradual establishment of ecclesiastical foundations. The 
great princes of the sixteenth and seventeenth centuries were intimately 
associated with the history of Bercy, and they import a hint of splendour 
and romance into the author's sober narrative. 

A point of modern interest lies in the frequent references in the 
sixteenth, seventeenth, and eighteenth century records to the flooding of 
the Seine, which from time to time caused great distress and damage to the 
town and its occupants : the river sometimes rose to a height of 24 feet ; 
and in 1658 the castle and park were submerged. 

A valuable section of the volume is the appendix, containing ' Pieces 
Justificatives ' from the National Archives, upon which much of M. 
Lambeau's history is founded. The illustrations are numerous and finely 

executed. . ., T 


author of A Life of Sir Kenelm Digby. Pp. xi, 287. With 
14 Illustrations. 8vo. London: Longmans, Green & Co. 1910. 
I os. 6d. nett. 

THE Duke and Duchess of Newcastle are among the most interesting 
figures in Caroline history. The friend of Hobbes, the patron of Ben 
Jonson, Newcastle was also for a while tutor to Charles II., while he 
played a stirring part in the great Civil War, and probably spent more on 
behalf of the royal cause than any other cavalier. It is true that nowadays 
his writings are but little known, but his book on horsemanship was highly 
esteemed in its own day; while his work as dramatist won this distinction, 
at least, that selections therefrom were included by Charles Lamb in his 
memorable anthology, Specimens of English dramatic Poets who lived about 
the Time of Shakespeare. A kindred reason gives interest to the Duchess, 
for, albeit some of her contemporaries regarded her as mad, and although 
Pepys speaks of her with singular scorn, her memory was dearly beloved 
of Elia, who mentions her with affectionate admiration in many of his 
essays and letters. 

Save for a few quotations from the Welbeck MSS., the biography now 
before us does not set forth any documents likely to be unknown to the 
average student of history ; and, in the main, it is based on comparatively 
familiar authorities. But granting this limitation, the book really fulfils 
its purpose remarkably well; for it narrates Newcastle's career in such a 
fashion as to make the more important events stand out clearly, while it 
pays particular attention to such of these events as were misrepresented by 
the Duchess in her life of her husband, and frequently serves to fill up 

First Duke and Duchess of Newcastle 203 

gaps which were left by the noble authoress. For instance, the Duchess 
gives only a short paragraph to Newcastle's teaching of Charles II., and 
therein depicts him as in every way a perfect tutor; but the work at 
present in question deals with this subject at length, and, besides furnish- 
ing many fascinating personal details, shows that in some respects 
Newcastle was positively Machiavellian in his training of the royal pupil. 
This admirable tone of fairness characterizes the entire volume. The 
anthor is no hero-worshipper, but aims throughout at veracity, and deals 
frankly alike with failings and with merits. Nor is this true only as 
regards what he says of the Newcastles themselves, for it marks also all 
that he writes of Charles I. and Henrietta Maria, while it distinguishes 
his handling of the political history of the period, in which particular he 
does not betray predilections for either royalists or puritans. 


1702). By Richard Lodge, M.A., LL.D. [The Political History 
of England. In 12 volumes. Edited by William Hunt, D.Litt., 
and Reginald L. Poole, M.A., LL.D. Vol. VIII.] Pp. xix, 517. 
Demy 8vo. London : Longmans, Green & Co. 1910. 75. 6d. nett. 

THE period covered by this volume has been partially dealt with by 
Lingard and fully by Ranke. It has also been treated by Hallam in 
his Constitutional History , which takes constant account of * politics.' 
Macaulay's History^ as Professor Lodge notes, still dominates the public 

Professor Lodge is of the school of Ranke rather than of Macaulay. 
His volume has none of the premeditated brilliance of the great 
Whig historian; it is free from that l stamping emphasis' of which 
Lord Morley once complained. But the style fits the subject, being 
concise yet supple ; it is laudably free from needless rhetoric, being set 
rather in the * scientific' key. The order of treatment of the subjects 
(which cannot always be chronological) could hardly be bettered. Foreign 
politics are brought into adequate relation to the main theme, while the 
position in Scotland and Ireland at the various crises is sketched lucidly 
and with liberal insight. 

It seems to us, however, that there is something rather grudging, if 
not indeed confusing, in the final estimate of William. He is rated 
as having no superior among his English predecessors, but is forbidden 
to take his place among the greatest, not because of inherent inferiority 
or any real sacrifice of English to Dutch interests, but simply because 
he was not an Englishman. This seems to us taking away with one 
hand what was being given with the other. As William's place in 
history is to be judged by his actual achievement (the comparative merit 
of which Professor Lodge does not dispute) can his mere Dutch descent 
and attachment form such discounting elements ? 

Altogether the volume is a most welcome contribution to the literature 
of the subject, and should find a place in the front rank of the studies 

204 Lodge: History of England, 1660-1702 

of a period that is extremely interesting but difficult to handle because 
of its * unstable equilibrium.' 

Besides containing a list of authorities, the book has a good index, and 
is supplied with maps showing the English colonization of North America 
and illustrating William's campaigns. 


A HISTORY OF ABINGDON. By James Townsend, M.A. Pp. 183. 
With Illustrations. 410. London : Henry Frowde. 1910. 75. 6d. 

dbbendonensibus Abbendonensh hoc opusculum. Mr. Townsend's dedication at 
once gives the clue to both the merits and defects of his book. Strong local 
interest is its most striking feature. It is right and pleasant that an 
Abingdon scholar should write the history of Abingdon school, and that 
Abingdon churches should find a chronicler in one who has himself heard 
the c peal of great sweetness ' from their bells. At the same time the path 
of the local historian is beset with pitfalls, and a town history dealing with 
a period of twelve centuries is a difficult task. On the whole, Mr. Town- 
send's book belongs rather to the old than the new school of historical 
writing, and is not altogether free from some defects of the older method. 
First and worst of these is the tendency to rely upon secondary rather than 
primary sources of information. A glance through the authorities referred 
to in the footnotes of the present work at once suggests this criticism. One 
example may be given. An interesting episode in Abingdon history was 
an attack made on the abbey in 1327, 'in warlike manner.' Walls were 
broken, houses were burnt, vestments, chalices, church ornaments were 
stolen, while the sick prior was dragged off to Bagley, and threatened with 
the loss of his head if he would not do what his assailants wanted. Under 
this compulsion the latter secured various deeds, one binding the abbey and 
convent to them in ^1000, others conferring certain privileges, among 
them the right to have a provost and bailiffs for the custody of the town, to 
be elected annually by themselves. Mr. Townsend quotes in full the 
account given by Anthony Wood in his History of Oxford, written in the 
seventeenth century. This he supplements by rather casual reference to 
4 state papers of Edward III.' to ' Edward III., patentrolls ' (no page refer- 
ence) and to a passage in the Chronicles of Edward I. and 11. (Rolls Series) 
i. 345. This method is putting the cart before the horse. There is plenty 
of contemporary material for an account. The printed calendars of Patent 
and Close Rolls (especially Cal. Pat.Rolls, 1327-1330, pp. 151, 210, 221, 
222, 287, 288, 289, 526, 559) contain the series of commissions of oyer 
and terminer set up to investigate the matter, as well as letters taking the 
abbey under royal protection. Primary sources such as these should have 
been thoroughly ' despoiled ' to use the expressive phrase of a French 
historian before secondary authorities were cited. 

On page 27 Mr. Townsend quotes from Mr. J. R. Green's Short History 
a tale of the sufferings of two Brothers Minor at a grange belonging to 
Abingdon Abbey. * Grancia,' by the way, finds a closer equivalent in c cell ' 

Townsend : A History of Abingdon 205 

that is, a dependent house. It would have been worth while to seek out 
the original, though Green does not indicate the source, if only to read the 
very characteristic visions and retribution with which the story closes. It may 
be found in Bartholomew of Pisa's Liber Conformitatum^ and appears as an 
appendix in Mr. A. G. Little's recent edition of the De Jldventu Fratrum 
Minorum in dngliam, or, Englished, in Father Cuthbert's translation of the 
same work. 

The history of the great abbey forms a large and interesting part of the 
book, though a few of Mr. Townsend's obiter dicta concerning monasticism 
might give a captious critic opportunities. Medieval monasticism knew 
nothing of the 'cell' in the modern sense. It is therefore unwise to say 
that Blaecman built a church 'with monastic cells.' Freeman (Norman 
Conquest^ iv. 143-4, n.) and the Abingdon Chronicle (Rolls Series), 1.474, are 
cited as authorities, but Freeman, translating the chronicler's phrase c ad 
monachorum formam habitaculorum ' as ' buildings of a monastic pattern,' 
avoided the trap into which the present author falls. 

Mr. Townsend's book is full of patient work, interesting detail and an 
enthusiasm which goes far to excuse both some amateurishness of treatment, 
and a few easily remediable defects such as those mentioned above. 
* L'amour est la veritable clef de 1'histoire,' said M. Sabatier. If so, Mr. 
Townsend will not find many closed doors. 

The facsimiles of documents, which have been chosen in place of more 

conventional illustrations, are admirable. TT 


THE YEAR 1908. In two Volumes. Vol. I. 8vo. Pp. 539. 
Washington : Government Printing Office. 1909. 

So numerous are the papers and so extensive the material in the yearly 
report of the American Historical Association that its publication (usually 
later than its nominal date) loses nothing by keeping. The present volume 
registers discussions on the relations of geography to history, on teaching 
methods, on research in English history and on American and colonial and 
revolutionary history. Special articles also deal with census records as 
historical and economic data, and with the American newspapers of the 
eighteenth century as sources of information. Citations establish the deep 
interest of contemporary journals, which are not only stocked with domestic 
fact from 1704 onward, but reach the tragic point in the Revolution time. 
Perhaps one chief characteristic of such evidence scarcely receives due 
attention ; that is the fact that its short views, its day to day register, and its 
futility in foresight, emphasise the occurrence of the unexpected in the 
actual course of events. 

History in this diary form, in which to-day's fact is not coloured by 
to-morrow's result, probably has possibilities far beyond current estimates 
of historical method. Most writers of history deal with the beginning as 
a part of the end. The other way about, where to-morrow is not assumed, 
has much to say for itself, and in that mode newspaper evidence is invalu- 
able, if not supreme. 

206 Report of American Historical Association 

Military history receives its due in a triple criticism of the Wilderness 
campaign, a general, who was a participant, discussing Grant's conduct of 
it and insisting on Lee's 'one fatal blunder'; a colonel condemning Grant's 
'hammering tactics' and praising Lee's superior skill ; and a major holding 
between the two a balance heavily leaning to Lee's side. 

Many very important facts are garnered in (i) an elaborate series of 
reports on archives of Maine, Missouri and Washington ; and (2) a 
list of journals and acts of the thirteen original colonies and the Floridas 
preserved in the Record Office in London. The hundred pages of this list 
strikingly show how great a labour was the substructure and administration 
of the American States before the Revolution. 

FROM METTERNICH TO BISMARCK. A Text-Book of European History, 
1815-1878. By L. Cecil Jane. Pp. 288. With Plans and Maps. 
Crown 8vo. Oxford : Clarendon Press. 1910. 45. 6d. 

THIS account of sixty-three years of European history covers the difficult 
period from the re-settlement under the Holy Alliance to the entirely new 
era of Nationality. To say that it is well and carefully written is to say 
little. Metternich's position and outlook is treated with an insight and 
sympathy that can only come from real knowledge and study, and the 
gradual growth of the claims of Nationalities and of the recognition by the 
European Powers of the Republican Idea is exceedingly well brought out. 
The writer's account of the affairs of France is usually very happy, although 
the childlessness of the Due de Berri (p. 26) is a misleading phrase, and the 
description of the accession of Louis Philippe, ' The Paris crowds wanted 
loaves of bread ; they received a citizen king, his family, cash boxes, and 
umbrella,' is a true refrain from Thackeray. The rise of Bismarck and 
his system is also excellently recounted, and the whole book is one that 
gives instructive pleasure to its readers. 

London Incident of the Year 1743. Compiled and edited by W. D. 
MacWilliam. Pp. cxxviii, 237. With Illustrations. 4to. London : 
Forster, Groom & Co., Ltd. 1910. I2S. 6d. 

THE mutiny of the Black Watch in 1743 had, in the editor's opinion, 
no inconsiderable influence upon the Jacobite rising which we now know 
as 'The '45.' The regimental records have for long been lost, and for 
this reason he prints verbatim all the military records on the subject which 
have been disinterred after a long search in the Public Record Office, and 
other original papers as well. In the long introduction he lays great stress 
on the fear expressed, by Lord President Forbes of Culloden, that if the 
Black Watch were sent abroad in 1743 it would cause great dissatisfaction 
in Scotland, left then without its Highland guard. He seems to think 
that the regiment, having really enlisted for home service in 1739, was 
thoroughly hoodwinked about the reasons why they were marched to 
London, and it is certain that during this march many deserted. 

Mutiny in the Black Watch 207 

The order to embark for foreign service was the last straw, and part of 
the regiment, which never fancied it was to serve out of its native hills, 
promptly proceeded to try to march back there. The men were stopped 
by a pursuing force at Lady Wood, near Oundle, and after fruitless delays 
surrendered, and were taken, pinioned, to the Tower of London. A 
court martial of the kind in vogue followed, and all were condemned to 
death. This sentence was, however, commuted to transportation to 
regiments abroad, except in the case of three of the ringleaders two 
Macphersons and a Shaw. 

The Highlands were thus denuded of their native garrison, and soon 
were seething with discontent ; and the Macphersons two of whose clan 
had been shot (as we have seen) as leaders of the mutiny played a 
gallant part in support of Prince Charlie in 1745-6. The book, which 
has considerable value in regimental history, is dedicated to the l Brave 
Highlanders ' who were * victims of deception and tyranny, nominatim," 
and to the three humane English officers connected with them. 

BACON is SHAKE-SPEARE. By Sir Edwin Durning-Lawrence, Bt. Together 
with a Reprint of Bacon's Promus of Formularies and Elegancies. 
Pp. xiv, 286. With Illustrations. 8vo. London : Gay & Hancock, 
Ltd. 1910. 2s. 6d. nett. 

YET another lawyer has taken up the case of Bacon versus Shakespeare. 
Sir Edwin Durning-Lawrence we are told in a paper sent out with this 
book is a member of the bar, an LL.B., and a J.P. And here is a speci- 
men of his evidence and proof: 'The mighty author of the immortal 
plays was gifted with the most brilliant genius ever conferred upon man. 
He possessed an intimate and accurate acquaintance, which could not have 
been artificially acquired, with all the intricacies and mysteries of Court 
life. He had by study obtained nearly all the learning that could be gained 
from books. And he had by travel and experience acquired a knowledge 
of cities and of men that has never been surpassed. Who was in existence 
at that period who could by any possibility be supposed to be this universal 
genius ? In the days of Queen Elizabeth, for the first time in human 
history, one such man appeared, the man who is described as the marvel 
and mystery of the age, and this was the man known to us under the name 
of Francis Bacon.' The volume will serve as a good introduction to 
Baconianism. It presents a collection of Baconian ingenuities, exhibited 
we believe in all seriousness. If the reader has a taste for figures, let him 
see how Bacon's authorship is l proved mechanically in a short chapter on 
the long word Honorificabilitudinitatibus.' This, the I5ist word on the 
1 36th page of the First Folio, is an obvious anagram for * Hi ludi F. Baconis 
nati tuiti orbi 'which is * a correct Latin hexameter,' and means, ' These 
plays, F. Bacon's offspring, are preserved for the world.' Those who do 
not enjoy the Baconian ingenuities may find some interest in the illustra- 
tions. What serious value the book has lies in them, and in the reprint of 
Bacon's Promus^ which has been ' collated with the original MS. by the 
late F. B. Bickley, and revised by F. A. Herbert of the British Museum.' 

208 North-Eastern Scottish Dialect 

HISTORICAL BASIS. By Heinrich Mutschmann. 8vo. Pp. x, 88. 
Bonn : Peter Hanstein. 1909. 

A DOCTORATE thesis in the University of Bonn, this study of northern 
Scottish appears as one of the Bonn studies in English philology under the 
general editorship of Professor Biilbring whose student the author was. 
Now holding an educational appointment in England, he bids fair to prove 
a valuable auxiliary in our midst to the German wing of philological 
research into British dialect. His investigation starts from the basis of the 
dialect as, conjecturally, it existed about the year 1300; he claims to 
have formulated for the first time a * sound-law,' that 'the regular repre- 
sentative of Middle Scots au is d* : we observe that his own examples 
prove a very healthy and numerous family of exceptions. He indicates 
the importance of Scandinavian and Celtic influence respectively. His 
observations on 'Polite Scotch' as a disintegrating factor of dialect are 
shrewd, and are results of first-hand examination. The whole thesis 
attests an acute and industrious application of the current German technical 
method often not over-illuminating to us home-keepers to the analysis 
of dialect. But it is difficult to rest content with a 'historical basis' 
itself based on a conjecture as to what the dialect was in 1300. 

(Portfolio I. The xi Century ; Portfolio II. The xn Century ; 
Portfolio III. The xin Century ; Portfolio IV. The xiv Century ; 
Portfolio V. The xiv and xv Centuries ; Portfolio VI. The xv 
Century). Drawn and described by T. C. Barfield. London : 
Longmans, Green & Co. 1910. Price 2s. 6d. nett each portfolio. 

A SERIES of pictorial charts of architecture, costume, and manners from 
the eleventh century to the fifteenth hardly needs assurance of welcome, 
when the work of delineation and description has been discriminatingly 
and intelligently done. Mr. Barfield's drawings, in which early buildings 
have a becoming prominence, are adequately touched with the archaeo- 
logical spirit, and strive to make the past as far as possible yield an 
autobiographical record. The evolution of war, the Church, and the people, 
is exhibited in all the manifold and changing forms of feudal life. Ecclesi- 
asticism in all its shapes, keeps, houses, armour, tournaments, sieges, ships, 
heraldry, popular customs, and the beginnings of industry are all rendered 
with painstaking and approximate fidelity. Had Mr. Barfield been yet more 
of an archaeologist perhaps the evolution of the Norman castle from the 
Motte would have given a sounder architectural centre-point. As it is, the 
types of ' Norman ' castles are too advanced for the periods to which they 
are assigned ; it was the fault of ' Castle Clark ' himself, and is hardly yet 
rectified. But for the successive stages of general architecture and aspects of 
the contemporaneous life, students, whether of a younger or an elder growth, 
hardly need better, and cannot possibly have clearer guidance than is 
diagrammatically afforded by these progressive pictures of English history. 

England in the Middle Ages 209 

If in some future edition this panorama of five centuries should assume a 
format more convenient for reference its value for study would be 
enhanced. As it is, however, it seems to move with the centuries across 
which its track lies. Nothing can well be more notable than the increas- 
ing complexity of society as exhibited in the later sheets compared with 
the earlier. Fashions grow more extravagant alike in arms, costume, and 
dwelling. Mr. Barfield draws without any exceptional power of line, it is 
true, but with fair accuracy, a stately picture of England through the ages. 
His is a gallery in which art aims at actual truth, not at an aesthetic com- 
promise of fact with beauty. Not the less, however, is beauty there. 

LAYE. Edited by C. E. Lart. Pp. xiv, 176. With Illustration. 8vo. 
London : The St. Catherine Press, Ltd. 1910. 2is. nett. 

THIS record, full of the pathos of a lost cause, is the first instalment of a 
work of great interest to students of the Jacobite Period and of consider- 
able value to Irish and Scottish genealogists. It gives the marriages, births, 
and deaths of the little band of Jacobites who settled at St. Germain-en- 
Laye (from the curiously spelled registers of which these records are 
extracted) round the exiled King James and Queen Mary after 1688, and 
who constituted the centre of Jacobitism until after the Queen's death. 
The great majority were in some way or another connected either with 
the exiled court or with the Irish Brigade, and many of the names are 
associated with the offices of the former, and show in a touching way 
how James II. was still treated as a king, and regarded by his following 
as if he was in every way king de facto. 

There was still par example an ' Ambassador from the King of England ' 
to Holland. We find a * chef de goblet du Roy,' who appears in these 
pages, and there was an ' escuier de la bouche de la Reine.' The Queen's 
chief lady of honour, who from her constant appearance in these entries 
seems to have had much influence, was her old friend the Italian, Victoria 
Montecuculi d'Avia Countess of Almond, but she had also another Lady, 
Sophia Stuart, widow of Henry Bulkeley, of whom we should like to 
know more, as she was sister of Gramont's * La belle Stuart,' but, unlike 
the latter, had followed the court into exile. 

The King and Queen showed their interest in their adherents by 
becoming, with * the Prince of Wales ' and * serenissime Princesse Louise 
Marie, Princesse d'Angleterre,' godfather and godmother to many children 
born to their dependents during their exile, and many of these * born 
Jacobites ' naturally perpetuated their parents' political faith, and followed 
their master's 'royal' son and grandson. But, if the King and Queen showed 
this interest in their Catholic court, they showed (perhaps because their suf- 
ferings were purposely hidden from them) terribly little in regard to their 
unfortunate Protestant subjects, who, having been equally ruined in their 
cause, also followed them into France. These were exposed to the most 
bitter persecutions from the French court and clergy to force them to abjure. 
The editor points out that it was wonderful that more did not do so, as 
they were poverty-stricken and could look to no other support except their 


210 Jacobites at St. Germain-en-Laye 

King. He tells us also that Lord Dunfermline, a Protestant whose fortune 
had gone in the Stuart cause, had to be buried at night by his friends to 
avoid scandal, and that Dr. Gordon, a Scottish Bishop, abjured to keep 
himself from starving. The same want of consideration was shown to the 
Quakers who followed the king into exile, and we find at least one 
* Trembleur ' forced to own his * conversion.' 

The entries in this book will fill many gaps in the difficult pedigrees of 
Irish exiles of the eighteenth century, and even in the better known Scottish 
family histories, and one is grateful to the editor for the learning, patience, 
and care that he has bestowed on this historical bypath. 


THE SONG OF THE STEWARTS : PRELUDE. By Douglas Ainslie. Pp. x, 202. 
Demy 8vo. London : Arch. Constable & Co., Ltd. 1909. ys. 6d. nett. 
A MOST interesting experiment is being tried by Mr. Douglas Ainslie, best 
known, perhaps, as an interpreter of Eastern religious thought in his very 
original poem John of Damascus. The experiment is no less than that of 
attempting to record the history of Scotland, or at any rate of its royal 
house, in metre. His * Prelude ' carries the tale from the coming of Walter, 
son of Alan, to Paisley and Cathcart in the train of King David I. down 
through the strife with Norway and the war of Independence to the 
crusading journey of Douglas with the heart of Bruce. It is a story full of 
incident of battle and chivalry, and he is a poor patriot who will not enjoy 
these dashing new rimes of the old deeds, fired as they are with national 
spirit so intense that the author thinks 

* the Jew Iscariot 
Less felon than Menteith the Scot.' 

He skilfully varies the graces of divers types of measure and stanza to suit 
the episode, whether it be a dirge for Wallace, a description of Bannock- 
burn, or the moving narrative of the Douglas vow. One regret only the 
historical critic cannot avoid that so clever a singer of history should not 
have had the good fortune to be kept abreast of the newer lights which 
abound on the lives of both Wallace and Bruce. How clear a conception 
of the national exploits and fortunes, however, can in a general way be 
afforded by a sympathetic poet interpreting the current version of the facts 
with fresh genealogical data curiously interwoven the readers of the 
Prelude will have no manner of doubt. Nor will the dustiest critic fail 
to enjoy with a new zest his country's history echoed in song. 

New Facts concerning John Robinson, Pastor of the Pilgrim Fathers. By 
Champlin Burrage (8vo, pp. 35. is. 6d. nett. Oxford : University 
Press, 1910). A manuscript in the Bodleian has been identified by 
Mr. Burrage as a tractate, probably dating from 1609, written by an 
unidentified controversialist in answer to writings of Robinson. Incidentally 
it contains statements not only making clear Robinson's local connection 
with the Church of England in Norwich, but also indicating that his 
separation from the Church was not entirely voluntary. Students of 
puritanism and the Brownist position will find important data in Mr. 
Burrage's extracts and inferences. 

Current Literature 211 

A Short History of Southampton (8vo, pp. 256. Oxford : Clarendon 
Press, 1910. 2s. nett) consists of two parts, one being the general story of 
Southampton by Professor Hearnshaw, the other being collective studies of 
aspects of town life by various contributors, edited by Professor F. Clarke. 
Southampton has rilled so large a part in English history that its annals are 
often saved from dulness, and its local celebrities range from Shakespeare's 
patron, the earl, to Isaac Watts, Richard Taunton (founder of a marine 
school), Charles Dibdin and Sir John Millais. The port plumes itself on 
the voyage of the Mayflower starting there. As a whole, the book does 
credit to the public-spirited auspices under which it is produced. 

The Utopia of Sir Thomas More, edited by George Sampson (8vo, pp. 
xxv, 442. London : G. Bell & Sons. 55.). Few volumes of Bohn's 
standard library can be more welcome to the literary antiquary than the 
new edition of the Utopia. It contains Ralph Robinson's translation, first 
printed in 1551 ; Roper's well-known life of More, his father-in-law; a series 
of the beautiful letters chiefly to and from Margaret Roper; and the Latin 
text of the Utopia, reprinted from the first edition of 1516, followed by a 
very significant bibliography covering both the life of Sir Thomas and his 
writings. Mr. A. Guthkelch's introduction gives in outline the few facts 
needed for preface, and Mr. Sampson's footnotes to the text are unobtrusive 
but requisite helps to the appreciation both of a great book and a great man. 
We wish the publishers would follow this up with a reprint of More's 
English writings, still buried in the inaccessible original folio of 1557. 

Miss E. M. Wilmot, Buxton, has written A Junior History of Great 
Britain (8vo, pp. x, 210. London : Methuen & Co.) which succinctly 
sketches in anecdotal and biographical form the story of the kingdom. The 
union of the Crowns in 1603 is not mentioned, the Act of Union of 1707 
appears as an entirely minor episode, the Union of Great Britain and Ireland 
is unrecorded, and the last chapter deals with * the progress of England.' 
South English schoolmistresses should try to get more precision and a truer 
perspective for the history of Great Britain. 

Great Britain and Ireland. A History for Lower Forms. By John E. 
Morris, D.Litt. (pp. viii, 480. Illustrated. Crown 8vo. Cambridge : 
University Press. 1910. 35.). More than the < Lower Forms,' for whom 
this history is intended, can read it with pleasure and profit. It is easily 
written, contains quite enough without being overladen with unneces- 
sary facts, and is extraordinarily well illustrated. The pictures and maps 
really illuminate (unlike so many illustrated books) each period of which 
the author treats. 

The public libraries committee of Newcastle-upon-Tyne did well to 
direct the librarian, Mr. Basil Anderton, to prepare a Catalogue of Books and 
Tracts on Genealogy and Heraldry in the Central Public Libraries (410. 
pp. 68. Newcastle : Doig Bros. & Co.). The classification is unfamiliar, 
but the catalogue will be a service to research. This kind of antiquarian 
bibliography for rapid reference merits encouragement. 

212 Current Literature 

The Cambridge University Press has added to their series of useful 
County Geographies by issuing Lanarkshire, by Frederick Mort, M.A. 
(Pp. viii, 168. is. 6d.) The volume is illustrated, and has a couple of maps. 

In American history * Reconstruction ' has an important place, being the 
name given to what might otherwise be called the pacification of the 
Southern States. Mr. John R. Ficklen contributes to the Johns Hopkins 
University Studies a stirring chapter of the story, being his History of Recon- 
struction in Louisiana (Through 1868). (8vo, pp. ix, 234. Baltimore : Johns 
Hopkins Press, 1910.) Starting with a sketch of conditions ante helium, 
followed by a short account of the State government during the war, Mr. 
Ficklen devotes much attention to General Butler's much abused adminis- 
tration in New Orleans before, during, and after the actual hostilities, and, 
in particular, discusses his policy of enlisting negroes on the side of the 
Union, and the effects of emancipation on the liberated but demoralised 
slaves. After the war negro suffrage became the great constitutional 
question, leading to passionate controversy culminating in riot and bloodshed 
in 1 866, and to more serious violence and the l massacre ' of many negroes 
in 1868. This monograph on the course of events in a great Slave-State 
is a careful record of the part played by party action and ideas influenced 
by racial animosities in a time when civil war and slave emancipation had 
together produced a chaos and political fury perhaps without historical 

Another of the Johns Hopkins University studies in Historical and 
Political Science is The Doctrine of Non-Suability of the State in the United 
States, by Karl Singewald, Ph.D. (8vo, pp. viii, 117. Baltimore: Johns 
Hopkins Press). Legal tractates in this series grow in importance as 
the magnitude of state interests under one administration gives so wide 
a play and therefore so varied a test in lawsuits to general canons of 
state-rights and liabilities. In the unceasing difficulty of reconciling 
government action with private property and privilege, the immunity of 
the state from being sued a principle springing from English law is 
not determined with the nicety and distinctions required. It is subject 
to large exceptions, for instance in international claims, but perhaps the 
class of liabilities to which its application has been the matter of most 
litigation is where not the state itself but a public officer acting on its 
behalf was the subject of an injunction, or a claim of damages, or for 
recovery of property. While generally the right of action against public 
officers would seem to supersede the maxim of non-suability, the leading 
judgments are not harmonious, and the problem is made more intricate 
where a federal question, the constitutional authority, is at issue. Dr. 
Singewald has grouped the American decisions and examined them with 
frankness and impartiality. 

Transactions of the Inverness Scientific Society and Field Club. Vol. VI. 
1899 to 1906. (Demy 8vo, pp. vi, 377. With Illustrations. Inverness : 
Courier Office. 1910.) Seven years' local study is garnered into this 
volume under the editorship of Mr. James Barren, and upwards of twenty 

Current Literature 213 

contributions out of five and fifty are historical and antiquarian. Dr. W. J. 
Watson, writing on the Celtic Church in Ross, deals with the lives of 
Saints Maelruba and Duthus. The Rev. G. A. Breguet traces the early 
history of Tain, touching on the privilege of sanctuary and transcribing 
documents and charters on the burghal liberties. Cromwell's Fort at 
Inverness is well described and illustrated with plans by Mr. James 
Fraser. Citations from seventeenth century accounts of it must interest 
any one who has seen the extant remains. Various tribute is paid to 
Hugh Miller in view of his centenary in 1902. A composite note on the 
field of Culloden accompanies a reproduction of the sketch plan of the 
battle made by Colonel Yorke, the Duke of Cumberland's aide-de-camp. 
A short notice of Kinloss Abbey is given by Rev. G. S. Peebles, minister 
of the parish. The editor himself contributes two good holiday articles, 
one on Gaul in Caesar's time, and the other descriptive of a visit to Alesia 
(now Mount Auxois, 38 miles north-west of Dijon), with plans showing 
the terrain and the lines of Caesar's circumvallation during the siege. This 
publication manifests a healthy spirit of history in the community of 
Inverness, and should stimulate local work. 

Transactions of the Buteshire Natural History Society. Vol. II. 1 909- 1910. 
(8vo, pp. 89. Rothesay : Chronicle Office. 1910. 2s. 6d.) Amid the 
meteorology and zoology of these proceedings there appear three historical 
papers : on Prehistory of Bute, by Professor Bryce, M.D. ; on the Town 
Council of Rothesay from 1654 until 1833, by Mr. R. D. Whyte ; and 
on Rothesay in the Seventeenth Century, by Mr. A. D. Macbeth. Pro- 
fessor Bryce describes and classifies the early cairns and cists and their 
remains. Mr. Whyte tells his story by extracts from the old minute 
books, and is chiefly concerned to trace modes of election. Mr. Macbeth 
brings an important contribution to burghal study by the use he has made 
of 'the old rentall buiks of the lands' within the burgh to show the rather 
puzzling distinctions of 'said lands, both heretage, commoun and king's 
landis.' It is the last category that gives difficulty, for evidently these 
* king's lands ' were, like the others, become private property. Many old 
place-names are set forth, as well as old surnames of occupants. A letter 
of Professor Maitland is appended. Some day we hope Mr. Macbeth will 
return to the subject of these peculiar land-tenures, and make a trial-plan 
of old Rothesay on the lines of that done for Glasgow in Mr. Renwick's 
Glasgow Protocols. 

We have on a former occasion noticed Miss Griffin's Bibliography of 
books and articles on the United States and Canadian History. A 
further volume containing writings published during the year 1908 has 
just been issued. The volume implies much careful research, and should 
be of interest to librarians. 

The Viking Club's serial publications are so many that they almost call 
for a catalogue quarterly. The Old Lore Miscellany (October) prints the 
closing part of a contribution, Grottasongr, edited and annotated by 
E. Magnusson. It was wisely thought worth separate issue Grottasongr, 

214 Current Literature 

edited and translated by Eirfkr Magniisson. (Pp. 39. Coventry : Curtis 
& Beamish, 1910. Price is. 6d. nett.) There are two pages of facsimile 
from the fourteenth century MS. of this Song of the htern Grotte the quern 
of northern mythology through whose potent grinding the sea became salt. 
It is a poem of many enigmas which the editor's learning makes much less 
dark. Most helpful notes of all are the four prose passages prefixed, giving 
the leading versions of the strange Norse legend. 

The Club's Tear Book (Vol. II., 1909-10) has reports summarizing the 
year's studies and discoveries in matters Norse, besides a series of notes 
and reviews having a somewhat similar view. A band of keen workers 
is clearly going forward with great spirit in their task. 

The Berks, Bucks, and Oxon Archaeological Journal never fails in richness 
of antiquarian matter on churches. The July number reproduces three 
brasses a bearded civilian, John of Walden ; a canon of Hertford or 
Hereford named Thomas of Busshbury ; and a bachelor utriusque juris, 
William Skelton, provost in the cathedral church of Wells. In the 
October number transcripts are given from Oxfordshire parish registers. 
The rector of Hanborough, Dr. Peter Mews, in 1667, 'did uterly renounce 
the Solemne Leage and Convent' (sic). In 1570 a stranger and peregrinus 
dying by the wayside in Spelsbury was buried * super montem nuncupatum 
Leedownes ex certis legittimis causis.' 

The Rutland Magazine for July and October has many fine eighteenth 
century portraits of the Edwards family, whose estates passed to the Noels 
in 1811. Interest of another kind attaches to extracts made by the editor, 
Mr. G. Phillips, from quarter sessions records. A warrant and pass for an 
Irish vagrant in 1 769 is included, to send him on from Rutland to Lanca- 
shire, and put him on board ' any ship or vessel bound for the said kingdom 
of Ireland,' and convey him thither. 

Among the contents of the Notes and Queries for Somerset and Dorset 
(September), besides the many law papers and charters which are always so 
gratifying a feature of this magazine, there is a note on the Somersetshire 
* dolemoors,' or pieces of common land divided into separate acres, each marked 
by a horn, pole-axe, dung-fork or the like cut in the turf under curious local 
folk-regulations. There is a capital portrait of Colonel Giles Strangways 
(1615-75), a royalist soldier whose ill luck was less notable than his 
loyalty. Excavations at Glastonbury Abbey receive descriptive attention. 

Scotia always interests in its selection of pictures illustrative of Scottish 
landscape and life. Warm-hearted tribute is paid to Professor Blackie in 
the Lammas issue. The Martinmas number extols the work of William 
Burns (1809-1876), historian of the War of Independence. 

The Modern Language Review (October) has an article by Mr. Wright 
Roberts showing the debt of Chateaubriand to Milton. Messrs. E. K. 
Chambers and F. Sidgwick edit part of a collection of fifteenth century 
carols by John Audelay, circa 1426. He is called 'Jon the blynde 
Awdlay ' in one place of the MS. (Douce 302), and in another is described 

Current Literature 215 

as a chaplain ' quifuit secus et surdus.' One of the twelve carols now printed 
is de rege henrico sexto. 

The Home Counties Magazine for June is a bright number, rich in 
pictures of open-air statues in London, and has articles on Judge Jeffreys, 
on the Friar-confessors of English kings (rather too discursive and indirect, 
but gossipy), and on the current pageants in English home-counties. 

In its September issue are papers on Poplar Chapel, early churches of 
South Essex, and the history of Enfield. A continued paper on the open- 
air statues in London is, with its many pictures of these historical memorials, 
a revelation of the contribution made by sculpture to what is a surprisingly 
full record of public, political, and literary life in the metropolis, from 
Sir Richard Whittington's time till our own. 

In the July issue of the American Historical Review, the root-question of 
the philosophy of history is treated in Mr. F. J. Teggart's article on l The 
Circumstance or the Substance of History,' contrasting the conception of 
history as narrative of mere fact with the higher generalisation sometimes 
called evolution. Mr. Teggart's sympathies are not with the chronicler 
laying an undue emphasis upon * events ' and preoccupied in recording the 
vicissitudes of authorities. Perhaps he himself gives scarcely enough recog- 
nition to the fact that these are the foundations, though he might answer 
that architecture only begins there. But to call inferences substance, and 
actual facts only circumstances, is a challenge full of hazard. 

Mr. L. M. Larson opens a new and important furrow and attempts to 
raise from the Charters of Cnut the material for inferences regarding 
changes of policy during various periods. In the first four years of his 
reign, 1016-20, he was establishing himself firmly in the throne. From 
1 020, after his return from Denmark, he began to utilise the services of 
Englishmen and to make for a unification of the peoples. At this time he 
started his long series of benefactions to English ecclesiastics. In the last 
years, 1030-35, the vigour of his sovereignty seemed to have exhausted itself. 

Mr. James F. Baldwin completes his weighty study of the King's 
Council and the Chancery and their special phases of equity jurisdiction as 
they became gradually differentiated. They were essentially summary 
courts much used for cases of riot and violence, and largely resorted to in 
civil causes for appeals against the delays, or in respect of defect of juris- 
diction of the common law. Mr. Baldwin, who has gone deeply into the 
whole subject, shows that the multitude of documents surviving must con- 
tain a great mass of historical matter, although mostly of subordinate value 
and difficult to verify. 

In the October issue of the same Review, Professor Beazley makes 
an interesting commentary on the Crusade aspect of the expeditions from 
1415 until 1459, along the coast of Africa, carried out by Prince Henry 
the Navigator, Infante of Portugal. Contemporary citations show the 
crusading side of these enterprises with a degree of emphasis lost in later 
history, which was more concerned with discovery and conquest than with 
the pious purpose which gave inspiration, or at any rate countenance to the 

216 Current Literature 

movement. That it was truly inspiration the chroniclers as well as the 
papal bulls patently show, and Professor Beazley strikes a telling note when 
he concludes by pointing out how fully the Portuguese in this as in other 
respects anticipated Columbus. ' To him the idea of crusade is part of his 
very life.' 

Mr. Ralph Catterall tests the credibility of Marat and finds his veracity, 
in the matter of his own biography, so badly suspect as to make his un- 
supported statement quite untrustworthy. The chief test worked out is an 
examination of his narrative about the publication of his pamphlet, The 
Chains of Slavery ', which was issued at London in 1774, but according to 
him was suppressed by Lord North until a new edition was brought out by 
a patriotic society at Newcastle. This tale of suppression Mr. Catterall 
maintains is false, and the Newcastle edition he believes to be only a re-issue 
in 1775 of the unsaleable copies of the London book, with a new title page. 
But the case against Marat needs more direct proofs than Mr. Catterall has 
yet brought forward. 

An important series of historical documents is printed in this number, 
being the letters passing between Toussaint Louverture, President John 
Adams and Edward Stevens, in 1798-1800. Stevens was consul-general 
in St. Domingo, and his reports to the U.S. Government on his intercourse 
with the negro insurgent leader give a very intimate narrative of events, as 
well as a capable estimate of the policy and designs of Toussaint, first as 
merelyi general of the colonial army, and ultimately as invested by the 
inhabitants of the colony with supreme power, civil and military. 

In the Iowa Journal (October) a long report is given of a conference 
held in May last of local historical societies of Iowa. Each of fourteen 
county historical societies was represented by a delegate who described its 
work and condition. From the disappointing accounts these delegates 
gave, it is severely clear that the fourteen societies of Iowa have not yet 
won their spurs in the field of history. 

In the Queen's Quarterly (Jul.-Sept.), published by Queen's University, 
Kingston, Canada, the only historical contribution is Professor J. L. 
Morison's Political Estimate of Lord Sydenham, whose tactful and high- 
principled governor-generalship of two years, 1839-41, is sympathetically 
described as constituting him a true maker of the Dominion. 

The Revue d'Histoire Ecclesiastique (October) has one continued article 
on the apocryphal Acts of Peter and the conclusion of another on the 
mystico-political ideas of a Franciscan, being a study of the Arbor Vitae of 
Ubertin de Casale. It has also the end of a sketch of the origins and 
development of the apostolic Secretaryship of State from 1417 till 1823. 
To the time of Innocent XII. (1691-1700) is ascribed the overthrow of 
nepotism and a consequent unity of direction to papal policy thenceforward. 
As usual this number, besides a weighty section of book reviews, is furnished 
with an appendix of bibliography (pp. 162) specialised into sections such as 
the publications and criticisms of sources, the history of divine service and 
discipline, and local and corporate records. 

Current Literature 217 

Bulletins de la Soci/te des Antiquaires de I 1 Quest. Troisieme serie. Tome 
I. ( Jul.-Sept.). Poitiers, 1909. The principal paper in this part is a short 
account of the building used as the Town Council-hall of Poitiers from 
1740 until 1791, now used as the library of the Society. References to 
armorial bearings formerly in the hall, and to others sculptured under the 
windows of the adjoining chapel, but apparently all defaced in 1791, are of 
great interest, and tend not a little to pique curiosity as to the history of 
the building, part of which appears to be assigned to the years 1459-60. 

We take the opportunity of asking whether some member cannot explain 
the remarkable reference made in Wyntoun's Chronicle (Book ix. chap. vii. 
lines 859-60 of Mr. Amours' edition for the Scottish Text Society) to the 
great hall of Poitiers : 

And Schir Thomas of Erskine was 

Woundit thar felly in the face 

He may weill, syne 1 the weme 2 apperis 

Eit in the great hall of Poyteris. 

We should welcome a communication from any archaeologist of Poitiers on 
the subject. 

In the Revue Historique (Sept.-Oct. ; Nov.-Dec.) special studies deal 
with Russia and the Italian policy of Napoleon III. ; the advice of Villeroy 
to the Regent Marie de Medicis on the Mantuan succession in 1613 ; and. 
the letters (curious and far from affectionate) between Louis XIII. and 
Marie de Medicis, his mother, in 1619. 

A strike of labourers in 1786 at Paris is well described, with its 
attendant features of 'tumultuous and scandalous assemblies' in the 
streets, when shopkeepers were insulted by songs sung in derision of them 
before their doors. In 1785 a sort of parcel post had been instituted with 
red vans drawn by men. The gagne-deniers protested against this as an 
infringement of their privileges and struck work a course of action in 
which they were backed by a good deal of public sympathy. Disturbances 
broke out, and the police had to drive off the strikers with fixed bayonets. 
Full of their grievances, a body of 800 men set out to march to Versailles 
in order to petition the king. He was hunting, and this prophetic 
deputation failed. A few of the men were punished by being paraded and 
put in the carcan with labels, 'Violent et rebelle envers la garde J and by 
fines. The strike achieved nothing, and the little red vehicles continued 
to run for a time. One important fact, however, which M. Marcel 
Rouff deduces from the matter is that the incident demonstrated the 
unanimity of public opinion against the government. 'It was,' he says, 
'one of those movements in which the people tried their strength, and 
it was the prelude to acts better organized and directed.' 

In those two numbers of the Revue appears a long article by M. Henri 
Cavailles on a sort of federation existing in the valleys of the Pyrenees 
under the old regime, constituted by agreements of ancient standing 
between the dalesmen, on both the French and Spanish sides of the 
mountains. These were called lies and passeries, and were treaties of 

1 syne, since, as. z weme, scar. 

2i 8 A Prelude of the Revolution 

alliance and peace. Passerie (patzaria, patzeria, carta de la patz] seems 
to be a diminutive of pax. Pierre de Marca gives it the form of passerine. 
Originating long before the Pyrenees were the frontier line of two great 
kingdoms, these codes are found reduced to precise terms and articles from 
the twelfth century, although the oldest extant agreements between the 
opposite sides of the mountains belongs to the early fourteenth century. 
For a long time the valleys preserved a semi-independence, but in 1258 
the Pyrenees became the boundary between France and Aragon, and 
the gradual consolidation of one royal authority north of the mountains 
and of another one south of them led to slow changes, culminating in 
the seventeenth century, when the old system broke up and the inter-valley 
treaties gave way to an administration now exercised by the Commission des 

Rights of pasturage and the like on the scattered plateaux and sheltered 
shoulders of the mountains remote as well from the French as from 
the Spanish townships in the valleys below had grown up through the 
course of centuries into definite and stable understandings and agreements. 
These regulated a whole series of usages for the exercise of common 
pasture and privilege, determined by the geographical position and by 
the contrast of climate between the opposite mountain slopes. The 
Spanish side is quickly parched in summer ; on the French side there 
is more sheltering shade. Spanish flocks had right of feeding in certain 
months on the French soil and vice versa. Marketing arrangements were 
similarly international if we may use that term to include the period 
before the kingdoms were defined. Salt was one of the indispensable 
commodities, and there are still shown, high up on the very frontier 
line, recesses cut in the rocks wherein of old the salt was measured. 
Naturally the systems of rights varied greatly : each valley had its treaty 
only with the two or three which marched with it; the codes were of 
origin so distant that tradition and legend gathered round them. Chief 
interest to a Scottish student must be in the many points of parallel those 
frontier codes, traditions, and legends present to the story of the Leges 
Marchiarum, the border code between England and Scotland. 

Thus there are memories of the duel and sanctuary, of boundary crosses 
and debatable land (milieu contentieux\ of annual payments of cattle, of 
fixed schemes of compensation, of usages of truce in warfare, and of 
regular commercial conventions all bringing the Pyrenean law of the 
mountain into line with our law of the marches. So strong was 
the principle these local treaties of peace expressed that notwithstanding 
the consolidation of the nations and kingdoms, the valleys were at peace 
with one another in spite of the kingdoms being at war. The kings 
reserved their rights, but as these mountain fastnesses were no fit theatre 
for campaigns the mountain law was allowed, and peace had a refuge in 
the hills. This little imperium in imperio had as its centre the mechanism 
for adjusting disputes between the inhabitants of the valleys, and specially 
for- determining the amends for cattle-lifting and other depredations 
inevitable under the conditions of their rustic life. Sometimes the award 
was levied on the village, but usually the liability was individual. 

Border Codes on the Pyrenees 219 

As on the English and Scottish border, deputies met at fixed times 
and at places determined by tradition or treaty to hear and decide upon 
claims. Just as our border customs included a dignified ceremonial 
when the Wardens of the Marches met at a Day of Truce or a March 
Day the etiquette prescribing who was to salute and how the companies 
were to greet each other so the seventeenth century historian of Barn, 
following old Spanish authority, describes its Pyrenean analogue. At a 
spot on the frontier marked by a great stone a fathom and half high, 
the jurats of Roncal used to meet the jurats of Bar6tous. They stood 
facing each other across the march line, neither party saluting. The 
men of Roncal asked if they of Baretous would swear to the accustomed 
peace. This agreed to on both sides, the Roncalois laid their pike on 
the ground along the boundary line, and the Bearnois laid theirs across, 
making Beam, as it were, the head of the cross. By this cross both sides 
knelt and swore to the wonted pactions. Five times over they cried 
aloud, Paz abant (peace henceforward) ; then they rose and greeted 
each other ; and 30 men of Baretous drove over the line the three 
choice and spotless cows which were the traditional tribute due to the 
Roncalois. Then the Roncalois entertained the others to bread, meat, 
and wine, after which the proceedings resolved themselves into a public 

These curious proceedings were the implement of a treaty made in 
1375 after long and constant quarrels between the men of Barn and 
their Navarrese neighbours across the mountain. The former were con- 
ceded the right of pasture on the Spanish side of the frontier, and the 
three two-year-old cows were a sort of rent. A law of trespass was 
stringently enforced by a custom of poinding or impounding called the 
law of carnal or carnau, evidently implying an original right to kill and 
eat the animals found on forbidden territory. It was in 1646 suppressed 
and a fixed compensation in money substituted. The learned exponent 
of these frontier practices sees in the entire system unfailing indications 
that the passeries in their essence presuppose a state of warfare, and his 
numerous citations show that the border meetings on the Pyrenean slopes, 
like ours on the Tweed and the Solway, were in fact as well as in name 
days of truce. Much archaism is visible in these frontier usages of the 
mountaineers which were well worthy of the fine exposition M. Cavailles 
has written. 

Communications and Replies 

1 08). Mr. Lang writes, with reference to 'Auld Maitland,' that certain 
letters entirely clear Sir Walter Scott ' from the charge of having been art 
and part with Hogg in palming off a modern imitation on the world, while 
representing it to Ellis and Ritson as a genuine antique. Such conduct 
would have been highly dishonourable.' This sentence is ambiguous ; it 
may mean that to pass off an imitation on the world and that was my 
charge is dishonourable, to which the reply is Sir Walter did not think 
so. It may mean that to include friends in such a deception is dishonour- 
able that to deceive a friend is more objectionable than to confide in him 
and force him to choose between betraying and screening you. Unless 
Scott can be claimed as favouring this view, Mr. Lang's argument falls to 
the ground. Again, too much value may be attached to letters as evidence ; 
thus, hasty judges might have pronounced some of Scott's letters to be 
clear proof that he was not the author of * Waverley.' Are we not too 
serious ? Is there not something humorous in everything relating to this 
1 genuine antique ' ? 

As to ' Otterburn,' Mr. Lang says he has shown * how Scott edited it, 
what he excised, and what he took from ' other copies. This does not 
weaken my argument that the ballad is not genuine, and it strengthens 
my contention that it was not obtained in the manner related in the 
Minstrelsy. Sir George Douglas rightly says ' the " aged persons " who 
" lived at the head of Ettrick Forest," and stored ballads in their retentive 
memories, have had their day ' (S.H.R. vii. 419). 

For his views on ' Kinmont Willie ' and ' Jamie Telfer,' Mr. Lang relies 
' faute de mieux ' an expression implying a knowledge of weak founda- 
tions * on ballad lore ' I know of none relating specially to either ballad 
' on logic,' so also do I, though it has somewhere been referred to as 
' that wonderful one-boss shay ' ' and on literary criticism.' I am glad to 
remember that Mr. Lang has referred to my literary criticism of 'Jamie 
Telfer ' in terms of high approbation (S.H.R. iv. 87). 


My little book, Sir Walter Scott and the Border Minstrelsy, contains all 
that I have to say in reply to Colonel FitzWilliam Elliot's letter. My 
proof of Scott's entire innocence of forging Auld Maitland and of telling 
falsehoods about that ballad reposes on facts, which I give, and on ascer- 
tained dates. 


Further Essays on Border Ballads 221 

As to Otterbourne, I give every detail of Scott's making of the text 
published by him ; his proceedings were those which he professedly 
employed when he had before him incomplete variants in MS. or even 
complete variants. 

As regards Jamie Telfer and Kinmont Willie, as there is almost no 
external evidence, I do as Colonel Elliot does ; I criticise the ballads as 
we possess them, commenting on some features unnoticed by Colonel 
Elliot. He says that of ' ballad lore ' he * knows none relating to either 
ballad.' That is his misfortune, not my fault ! I am able to give 
references to the appearance, in other old ballads, of most of a verse 
which we read in Scott's, but not in Sharpe's, version of Jamie Telfer. 
The stanza, in Jamie Telfer, is meaningless ; wherefore I presume that it 
was not inserted by Scott. It is rather curious, though unimportant, that 
in a chapter-heading of The Black Dwarf Scott gives a variant version of 
a stanza of Jamie Telfer. Mr. W. J. Kennedy also points out to me that 
in a book called Feats on the Border, of about 1830, there occurs an other- 
wise unknown stanza of Kinmont Willie. 

To Mr. Kennedy I also owe complete proof, from a MS. of Laidlaw's, 
that Leyden did not know Hogg till the day after that on which Laidlaw 
gave to Scott, in Leyden's presence, Hogg's holograph MS. of Auld 
Maitland. This is important, because, on Colonel Elliot's theory, Hogg 
and Leyden must have known each other ; and from Leyden Hogg might 
have got his knowledge of 'Auld Maitland and his bairnis three.' The 
theory is ingenious, but baseless. 

As I prove, in my book, that Scott deceived nobody in regard to Auld 
Maitland, I might be dispensed from remarking on an example of Colonel 
Elliot's logic, but it invites comment. As a matter of fact, Scott received 
from Laidlaw, in the spring vacation of 1802, the MS. of Auld Maitland 
which Hogg had sent to Laidlaw. In the same spring Scott sent this same 
holograph MS. to Joseph Ritson, with an account of its provenance, which 
was entirely true. Had Scott lied in his account, I have my own opinion 
as to the ethical nature of his conduct : it would be * highly dishonourable.' 
Colonel Elliot says that I may * mean that to include friends in such a 
deception is dishonourable that to deceive a friend is more objectionable 
than to confide in him and force him to choose between betraying and 
screening you.' Manet sors tertia : you need say nothing about the 
matter to your friend, to Ritson or Ellis. I hope never to return to these 
'antiquarian old womanries' again, but if any one can disprove the facts 
and dates on which I rely in the matter of Auld Maitland, I will * burn 
my faggot ' with due publicity. 


The editor has sent Mr. Lang's note to Colonel Fitzwilliam Elliot who 
writes : ' Mr. Lang's " ballad lore " is now limited to appearances, in old 
ballads, of part of a verse in Scott's version of "Jamie Telfer." How this 
bears upon the genuineness of the older versions and that is the whole of 
my point it is impossible to understand.' 

Colonel Fitzwilliam Elliot also adds, that 'regarding Auld Maitland 

222 Further Essays on Border Ballads 

Mr. Lang is incorrect in saying that my theory depends upon when Hogg 
and Leyden first became acquainted.' 

The editor would call attention to the paper on Border Ballads by 
Professor W. Paton Ker on page 190 of this number of the Scottish 
Historical Review. 

EARLY CHARTER AT INVERARAY. The following charter, 
found last year by me at Inveraray, in the Argyll charter chest, into which 
it seems to have strayed in some manner, is the earliest writ now extant 
in that charter room, and I suppose the lands named are in Fife. Two 
earls of Fife bore the name of Malcolm, the former holding the earldom 
from 1203 to 1228 and the latter from 1228 to 1266, and it is probably to 
the latter that this writ should be assigned. Alexander of Blar, a witness 
herein, had himself a charter of the lands of Thases, Kinteases, and Ballen- 
durich for service of one knight from Earl Malcolm of Fife, to which 
William of Wiuille, Walter and Gregory, chaplains, are all witnesses. 
(Vide Fourth Report Hist. MSS. Com.^ p. 503, penes Earl of Zetland, 
formerly penes Earl of Rothes.) 

'Comes Malcolmus de fif omnibus amicis suis et hominibus salutem 
Sciant presentes et futuri me dedisse et concessisse et hac mea carta 
confirmasse Ricardo filio Andree de Lintune meas tres tarvez per rectas 
divisas suas cum omnibus justis pertinentiis suis et Findakech et medietatem 
de Balebranin per rectas divisas suas et cum omnibus ipsius pertinentiis 
quibuscunque. In bosco et piano in pratis et pascuis In moris et 
maresiis In stagnis et molendinis et In omnibus aliis aisiamentis eisdem 
terris predictis pertinentibus. Tenend sibi et heredibus suis de me et 
heredibus meis in feudo et hereditate, adeo libere et quiete plenarie et 
honorifice sicut aliquis miles in regno scocie feudum suum de comite ut 
barone liberius quiecius plenius et honorificentius tenet et possidet faciendo 
servicium unius militis in Testibus Alexandro et Willelmo de Blar,Willelmo 
de Wyvilla, Elia filio odonis, Willelmo filio Alexandri, Waltero et 
gregorio capellanis. Stephano de Blar, Gregorio filio Walteri de Ecclis, 
Rogero de berkelay, Willelmo clerico cum nonnullis(?) aliis.' 

A very fine and perfect seal in green wax remains appended on a cord 
of interwoven black and brown thread, bearing the equestrian figure of 
an armed knight apparently crowned with flowing surcoat, sword in hand 
and shield on breast. Legend, SIGILLUM MALCOLMI COMITIS DE FIF. 
Reverse, a small shield (obliterated) ; legend, SECRET COMIS M DE FIF. 
Dimensions of charter, 8-| inches by 4 inches plus I inch folded over. 

Dorso is written, * Charter be Malcolm Earle of Fife to Richard sone 
to Andrew of Linton of the lands of Tarbet without date,' and another 
hand has written * 1217-1266.' 

I have expanded the numerous contractions in the above transcript. 


The Coronation Stone of Scotland 223 

THE SIEGE OF EDINBURGH, 1745. The Editor has to thank 
Mr. John Morrison for pointing out that the letter from Mr. Francis 
Kennedy (S.H.R, viii. 54), which is dated 8th September, 1745, should 
have been dated 8th October, 1745 ; this letter, instead of being the first of 
the series, should, therefore, have been the third. The Editor regrets that 
this error in dating on Mr. Francis Kennedy's part was not noticed earlier. 
The occupation of Edinburgh by the Jacobites only began on I7th Sep- 
tember, and internal evidence also goes to show that this letter should have 
followed that of 5th October. 

a hold on Scottish and English history, and on English as well as 
Scottish imagination, the 'stone of Scone' possesses is well shown by Mr. 
George Watson's paper in the transactions of the Scottish Ecclesiological 
Society on ' The Coronation Stone of Scotland,' of which he has sent us an 
offprint. It is an excellent statement of the whole story, supplementing at 
many points W. F. Skene's classic essay on the subject. It traces anew 
the pedigree and adventures of this famous stone and the literature of 
romance, prophecy, record and chronicle which time, ever prone to broider 
fact with legend, has evoked. 

Geology is said to favour a native Scots origin, as authorities forty years 
ago agreed that the stone was of west-coast Scottish sandstone. This dis- 
credited the legend of an Egyptian source and a journey westward inter- 
rupted by a sojourn of 2000 years or so in Spain prior to its being set up in 
Ireland for an age or two, before its conveyance across the Channel to Lorn 
and Scone. The legend appears at least as early as 1301, then simply 
bearing that Pharaoh's daughter sailed to Ireland and thence to Scotland 
carrying the stone with her. 

That long before this it was invested by tradition with high national 
sanctions appears sufficiently from Hemingburgh's description of John 
Balliol's coronation in 1292, when in accordance with the ancient ceremony 
the king was set in the ' huge stone ' beside the great altar of the monastery- 
church of Scone. On Balliol's overthrow in 1296 Edward I. carried off 
the stone to Westminster whence, in spite of negotiation and direct under- 
taking by treaty to return it, it never returned. 

Mr. Watson has faithfully assembled the medieval historical references to 
it, but we suspect there must be many even of the early period and still 
more since the Union which would increase the value of the collection. 
It strikes a Scotsman as very curious that such a work as Mr. Wickham 
Legg's English Coronation Records should be indefinite and devoid of 
information about the ' Stone of Destiny ' ; and that among all the profusion 
of liturgical writings on the ceremonial of the coronation, with its more than 
ample store of petty rubrics about faldstools, imperial mantles and holy oil, 
the ingenuity of court ceremonialists from the time of Charles I. till that of 
Victoria should never have found room in the ' Coronation Orders ' for the 
fact that the stone is a great historic part of the function. ' King Edward's 
Chair' is no doubt a fit enough memory of St. Edward. It is meet that 

224 The Coronation Stone of Scotland 

English traditions should live even in rubric, but why should not the 'stone 
of Scotland ' be specifically countenanced in the liturgy of the day ? 

Mr. Watson's numerous, and often odd, citations do not seem to include 
one from a chronicle noticed by Leland (Collectanea, \. 189) where, follow- 
ing an account of the coronation of Henry IV. there is mention of the 
Lapis regalls Scotia. We observe with pleasure that he adds to the stock 
of known allusions a passage from a Bodleian manuscript attributing to 
Moses the prediction about the ' fatal ' stone that 

qui ceste piere avera 
De molt estraunge terre conquerour serra. 

This form of the prophecy is a little more general than the well-known 
standard couplet, 

Ni fallat fatum Scoti quocunque 
Inveniunt lapidem regnare tenentur ibidem. 

[' The Scottis sail brook that realme as native ground, 
gif weirdes faill not, q'ever this chyre is found.' 

But the broader prophecy has had perhaps the more triumphant vindication. 


Scottish Historical Review 

VOL. VIIL, No. 31 APRIL 1911 

The Beginnings of St. Andrews University 



nnHE cathedral town of St. Andrews became the home of the 
JL first Scottish University in 1410. St. Andrews was then, 
and has ever remained, an ideal place for a seat of learning. The 
town had been growing steadily for centuries, under the fostering 
care of a long succession of bishops ; but its geographical position 
was an effectual barrier to its becoming the centre of a great 
population. In this respect time has wrought but little change. 
St. Andrews, although in touch with all the world, is still far 
from being one of the busy haunts of men. The two ' seas ' 
which were once complained of as being to its disadvantage have 
now been bridged, but men and things are only the more swiftly 
carried past its doors. The gray old town remains standing 
isolated and remote. It is true that it increases in area and in 
the number of its inhabitants with the years, but its growth 
continued, until quite lately, to be relatively slow. 

In plan and general outline St. Andrews has not altered much 
since the natal year of its University. The twentieth century 
finds it stretching itself towards the south and west, and covering 
its suburbs with villas and gardens. The fifteenth century found 
it confining itself within narrower limits, as if for greater warmth 
and safety, and with nearly all its principal buildings clinging close 
to the north and east. A large part of the ground now built 


226 J. Maitland Anderson 

upon was then, and for centuries afterwards, ploughed land 
and pasturage. The billows had forbidden the encircling of the 
legendary shrine of St. Regulus with human dwellings, and so the 
cliffs above and beyond his sea-girt cave became crowned with 
piles of masonry. On the one side, towards the south-east, stood 
what had been a Culdee church and monastery, otherwise known as 
the Church of St. Mary of the Rock, and at one time a Chapel 
Royal. Not far off stood the church dedicated to St. Regulus 
himself, with its time-defying tower, which still looks down upon 
the ruins of once massive buildings greatly younger than itself. 
Close by were the extensive buildings and grounds of the Augus- 
tinian Priory, founded in 1144, w i tn i ts magnificent cathedral 
church, begun about 1160 but not consecrated until 1318. On 
the other side, towards the north, the Castle or Palace of the 
Bishops, dating from about 1200, rose sheer from the water's 
edge. Nearer still, a few yards to the south, there was, it is 
believed, a chapel dedicated to St. Peter; while close by the 
cathedral stood the earliest parish church. 

This group of ecclesiastical buildings crowned a rocky promon- 
tory anciently known as Mucross and looked straight out 
upon the cold North Sea. They formed the nucleus of a town 
which sprang up and prospered under their shadow. This nucleus 
at first bore the Celtic name of Kilrimont, but long before it had 
attained to any size the town had come to be known as 
St. Andrews. Hemmed in between a rivulet and the sea, it took 
shape accordingly. From near the main entrance to the cathedral 
three long, and for the most part spacious, streets extended in a 
westerly direction. These streets ran nearly parallel, except that 
they converged upon the cathedral, and their outer ends ter- 
minated in ports or gateways. They were known respectively as 
the Northgate, the Marketgate, and the Southgate, and here and 
there were joined by narrow lanes bearing even homelier names. 
Along the cliffs, between the Kirkhill and the Links, and passing 
the entrance to the castle, there ran a roadway, rather than a 
street, inasmuch as it was lined on either side by crofts instead of 
houses. This was known as the Castlegate, afterwards as the 
Swallowgate, and later still as the Scores. 

The Southgate was the principal street the 'via regia.' It 
was longer than the two other streets, and its east end was for 
many generations the fashionable quarter of the town. Here 
were to be found the lofty and substantial houses of churchmen, 
of the aristocracy, and of the wealthier merchant burgesses. 

St. Andrews University 227 

Elsewhere were the booths and dwellings of the craftsmen and 
traders, and the homesteads of the land-labourers, or crofters, 
who farmed the Priory acres. A few sailors and fishermen had 
settled near the castle ; bakers, maltsters, and brewers were plenti- 
ful ; but no single industry was engaged in on an extensive scale. 
Merchandise came and went for the most part by sea the 
estuary of the Eden, four miles away, being the recognised port 
at which the petty customs of the burgh were levied. With the 
exception of the Dominican or Black-Friars' Monastery in the 
Southgate, no ecclesiastical building of any importance had as 
yet been erected in any of the streets or lanes; but the trans- 
ference of the Parish Church of the Holy Trinity to the centre 
of the town followed immediately upon the founding of the 
University. The existence of * Temple Tenements ' in all three 
streets indicates the presence of the knights of St. John of Jerusa- 
lem ; and there are charter references to c inns ' and other houses 
of considerable size, as well as to chapels, both in the Southgate 
and the Northgate. 

There would also be municipal buildings of some sort, probably 
in the Marketgate, for St. Andrews had been a royal burgh since 
the time of King David II., and had a line of provosts going back 
to about 1 135. But even in the fifteenth century its actual ruler 
was the bishop, and under him the prior and the archdeacon. The 
town laid claim to a saintly origin, and the whole atmosphere 
of the place was still essentially ecclesiastical. Churchmen of all 
grades were constantly to be seen on its streets. They were the 
only men who could pretend to possess even a little education, 
and so all posts of influence and emolument fell to their lot. 
Apart from supplying the daily needs of the community, there 
was little scope for trade or commerce. It was as the ecclesiastical 
capital of Scotland that St. Andrews flourished. Its resident 
clergy were numerous and influential, and there was a constant 
coming and going of dignitaries both of church and state. 
Being the seat of the principal official of the diocese, much legal 
business fell to be transacted within its walls. 

Such learning as Scotland possessed from the twelfth to the 
fifteenth century was well represented at St. Andrews. Not a 
few of its bishops were men of refinement and intellectual 
culture, to whom the sons of kings and nobles were entrusted 
for their early training. Even before the foundation of the 
Priory and the building of the Cathedral, St. Andrews had 
become known as a centre of education. Thus, as early as 1 1 20, 

228 J. Maitland Anderson 

Eadmer, on his election to the bishopric, was welcomed by the 
scholars and people of St. Andrews. 1 About a century later, 
between 1211 and 1216, a dispute arose between the Prior and 
the * Master of the schools of the city of St. Andrews and the 
poor scholars of the said city * regarding certain endowments per- 
taining to the schools a dispute which was amicably settled under 
a reference to Pope Innocent III. 2 Again, the Exchequer Rolls 
of Scotland show that in 1384 and also in 1386, payments were 
made on behalf of James Stewart, son of King Robert II., and 
Gilbert of Hay, son of Thomas of Hay, who were then studying 
at St. Andrews the one ' stante in studio apud Sanctum Andream,' 
the other ' existente in scolis ibidem.' 3 These schools were 
doubtless in some way connected with the Church ; and, although 
nothing definite is known regarding the educational arrangements 
of the Priory, it is reasonable to assume that they included a 
training school for novices, and probably for others. So late 
indeed as January 18, 1467, reference is made in the University 
records to a grammar school (schola grammaticalis) within the 
monastery, which the Faculty of Arts was anxious to suppress.* 
Martine, writing in 1683, asserts that 'upon the west of the 
[Cathedral] Church there stood a Lycaeum, where the famous 
Scotus his quodlibets were taught.' 6 Of this building nothing 
now is known, except that massive foundations still exist upon 
its reputed site. 

It is therefore not surprising that the closing year of the first 
decade of the fifteenth century witnessed the commencement of a 
Studium Generale in St. Andrews. The wonder rather is that this 
important event should have been deferred so long. 6 Two causes 
may be assigned for the foundation of a Scottish University at 
this particular period. The one is the strained relations that had 
for some time prevailed between Scotland and England ; and the 
other is the great Schism which had existed in the Church since 
1378. The former put many difficulties in the way of Scottish 
students attending the Universities of Oxford and Cambridge ; 

1 ' Post haec ad ecclesiam Sancti Andreae venit, et, occurrente ei regina, sus- 
ceptus a scholasticis et plebe pontificis loco successit.' Historia Novorum in Anglla 
(Rolls Series), p. 283. 

2 Registrum Priorafus, p. 316. z Exchequer Rolls, vol. iii. pp. 121, 138. 

4 MS. Acta Facultatis Artium. 5 Reliquiae Divi Andreae, p. 187. 

6 Major, who records the foundation of the University of St. Andrews in a single 
line, adds : ' Praelatorum Scotiae incuriam admiror, qui Universitatem ante hos 
dies nullam in regno habuerunt.' Historia, 1. vi. c. 10. 

St. Andrews University 229 

and the latter not only led to their molestation there, but it limited 
the freedom of movement as well as the financial support which 
students generally had been wont to enjoy on the Continent. Of 
these two causes the latter was probably the more potent. For a 
good many years before 1410 there seems to have been compara- 
tively little academical intercourse between Scotland and England. 
On the other hand Scottish students found their way in consider- 
able numbers to the Universities of France and Italy. So long 
as France and Scotland owned allegiance to Clement VII. and his 
successor Benedict XIII., Scottish students laboured under no 
disadvantages. But the case was quite different when France, 
and especially the University of Paris, took up a hostile attitude 
to Benedict XIII., and the crisis came when he was deposed, 
along with Gregory XII., by the Council of Pisa on June 5, I4O9- 1 
As Scotland disregarded the decision of the Council and continued 
to adhere to Benedict, Scottish students whether pursuing their 
studies in England, France, or Italy, would be deemed Schismatics, 
and the need for a university at home would at once become a 
matter of extreme urgency. 2 

The precise circumstances in which the University of St. 
Andrews arose have not been definitely stated by any of the 
early historians of Scotland, and its own extant records yield 
no information on the point. There is nothing to indicate 
that its institution was a long-premeditated act. The limited 
information available rather favours the view that it was called 
into existence to meet a sudden emergency. For although the 
University is in possession of a foundation charter embodied in 

1 Even before this futile attempt to heal the Schism, the feeling in France against 
Benedict was very bitter as may be seen from numerous contemporary documents. 
For example, on May 21, 1408, the University of Paris declared 'Petrum de 
Luna fore non tantum schismaticum pertinacemque habendum, verum etiam 
haereticum, perturbatorem pacis et sanctae unionis ecclesiae.' Whereupon, on 
June 5, Charles VI. ordained 'qu'aucune creance ni obeissance ne soit desormais 
accordee aux bulles et lettres de Pierre de Lune, pour dons de prelatures, dignit6s 
ou benefices.' Further, on March 20, 1409, Charles announced that he had 
reserved a thousand benefices to be disposed of in favour of members of the 
University of Paris as a reward for the great zeal with which they had laboured 
to re-establish the union of the Church, without asking or requiring any favours 
from Pope Benedict. Bulaeus, Hist. Univ. Paris., vol. v. pp. 160, 167, 186; 
Jourdain, Index Chartarum, p. 223. 

2 Cosmo Innes recognised the consequences of the Schism as they affected Scot- 
land and England, but it does not appear to have occurred to him that they were 
even more far reaching as regards Scotland and the Continent. National Manu- 
scripts of Scotland, pt. ii. p. xv. 

230 J. Maitland Anderson 

a confirmatory papal bull, the granting of this charter does 
not appear to have been the initial step in the founding of 
the University. It was more probably the immediate, or at 
all events the early, result of the University's actual existence. 
Such at least is the inference to be drawn from the oldest 
extant account of the beginnings of the University. Walter 
Bower, Abbot of Inchcolm, the continuator of Fordun's Scoti- 
chronicon, who had excellent opportunities of knowing the exact 
circumstances, makes no mention of a foundation charter at all 
in the short chapter he devotes to the foundation of the Uni- 
versity. He is even silent as to who the founder was. All he 
says is that in the year 1410, 'after the feast of Pentecost [May 
n], a Studium Generate Universitatis began in the city of St. 
Andrew of Kylrymonth in Scotland, in the time of Henry of 
Wardlaw, bishop, and of James Biset, prior, of the said St. 
Andrew.' l The charter was not issued till more than a year and 
nine months later, viz. on February 28, 1412. 

Subsequent documents show that four persons were closely 
associated in the foundation of the University. These were the 
King of Scotland, the Bishop of St. Andrews, the Prior of St. 
Andrews, and the Archdeacon of St. Andrews. Others no doubt 
lent their aid, but these are the men who are entitled to rank as 
its chief promoters. All four were men of learning and culture, 
to whom the founding of a university must have been a congenial 
enterprise. In a former number of the Scottish Historical Review"* 
I have dealt with the share taken by King James I. in the founding 
of the University of St. Andrews, and there is no need to refer to 
the facts of his life here. In the present paper I therefore confine 
myself to brief notices of the Bishop, the Prior, and the Arch- 

Bishop Wardlaw is usually described as the younger son of Sir 
Andrew Wardkw of Torry, Fifeshire ; but this is not borne out 
by the results of recent investigation. He was most probably a 
younger son of Henry Wardlaw of Wilton, in Roxburghshire, 
and grandson of Henry Wardlaw of Wilton, who, in the beginning 
of the fourteenth century, married a niece of Walter, Lord High 
Steward of Scotland. Early in the fifteenth century, the laird of 
Wilton married the eldest daughter and heiress of Sir James de 

1 ScoticAronicon, 1. xv. c. xxii. 

2 Vol. iii. p. 301. As this and the former article cover part of the same ground, 
it has not been possible to avoid a certain amount of repetition, but the one does 
not altogether supersede the other. 

St. Andrews University 231 

Valoniis, of Torry and Lochore, and from that time the Wardlaws 
were generally designated as ' of Torrie.' Bishop Wardlaw was a 
nephew of the celebrated Cardinal, Walter Wardlaw, Bishop of 
Glasgow. He was probably born about 1365, but neither the name 
of his mother nor the exact year of his birth has been discovered. 1 
As early as 1378, when he must have been quite young, his 
uncle petitioned Clement VII. on his behalf for a canonry of 
Glasgow, with expectation of a prebend. 2 On December 7, 1380, 
he was granted a safe conduct by King Richard II. of England, 
to enable him and his kinsman, Alexander Wardlaw, to attend 
either of the Universities of that country. 3 He is said to have 
chosen Oxford, but he cannot have remained there long, as his 
name appears in the list of Determinants of the University of 
Paris for the year 1383, along with that of Alexander. 4 By 
October 5, 1387, he was Licentiate in Arts, and had been 
studying Civil Law at Orleans for two years. 5 In a benefice roll 
dated August 9, 1393, addressed to Clement VII. by the Uni- 
versity of Avignon, the name of Henry Wardlaw occurs among 
the graduates of noble birth. 6 In a similar roll addressed to 
Benedict XIII. by the same University in the following year 
(October 18-23, J 394) ne ^ s a g am entered among the * nobiles,' 
and is described as * Henry de Wardlaw, Licentiate in Arts, 
Precentor of the Church of Glasgow, born of noble parentage, 
who is nephew of dominus Walter of good memory, Cardinal of 
Scotland.' 7 In a petition of 1395 for another benefice (granted 
April 24), he is described as a student of Canon Law. 8 In sub- 
sequent years he is variously designated as Licentiate in Arts, 
and Bachelor and Doctor of Canon Law. During his protracted 
residence in France he obtained various lucrative ecclesiastical 
preferments in Scotland, most of which he appears to have held 
simultaneously. 9 

1 In the matter of the Wardlaw genealogy I follow the guidance of Mr. J. C. 
Gibson, who has devoted much time and labour to the subject, and who was kind 
enough to revise and correct what I had previously written. 

2 Calendar of Petitions to the Pope, vol. i. p. 548. 

3 Rotuli Scotiae, vol. ii. p. 3 1 . 

4 Auctarium Chartularii Universitatis Parisiensis, vol. i. col. 648. 

6 Calendar of Tapal Letters, vol. iv. p. 255. 

6 Fournier's Statuts et Privileges des univer sites fran$aises, vol. ii. p. 331. 

7 Fournier's Statuts, vol. ii. p. 343. 8 CaL of Petitions to the Pope, vol. i. p. 584. 
9 His name is of frequeut occurrence in the CaL of Petitions to the Pope, vol. i. and 

in the CaL of Tapal Letters, vols. vii. viii. 

232 J. Maitland Anderson 

The promotion of Henry Wardlaw to the bishopric of St. 
Andrews was a spontaneous act on the part of Benedict XIII., at 
whose Court he is supposed to have been at the time resident, 1 
and by whom he was held in high esteem. 2 The see had been 
practically vacant since the death of Bishop Walter Trail in 1401, 
although no less than three elections had taken place. During the 
vacancy the Pope himself was in difficulties and had been besieged 
in his palace at Avignon, but he appears to have acted with great 
discrimination, and a wiser selection than Wardlaw could hardly 
have been made. He had much in common with his pre- 
decessor Bishop Trail, who had also been preferred to the see 
without election. His ideals were of the same lofty nature, 
his learning was equally varied, and his zeal for the purity 
of church life and for the correction of abuses was not less 
fervent. Bishop Wardlaw lived long enough to see the 
University firmly established. He died at a good old age on 
April 6, 1440. 3 

James Biset had been Prior of St. Andrews since 1394, and was 
Vicar General during the vacancy in the see between the death of 
Bishop Trail and the consecration of Bishop Wardlaw. Before his 
promotion he was one of the canons of the Priory. He was a 
Licentiate of Canon Law, probably of the University of Avignon, 4 
and had lectured on that subject in the University of Paris for three 
years previous to I39I. 5 Like other churchmen studying abroad, 
he was provided to various benefices at home, including the Priory 

1 This supposition appears to rest on Bower's phrase : ' repatriavit a curia 
Avinione.' Scotichronicon, 1. vi. c. xlvii. 

2 So far as I know, the exact date of Wardlaw's appointment to the bishopric of 
St. Andrews has not hitherto been given by any writer on Scottish history. The 
late Bishop Dowden, in his * Notes on the succession of the bishops of St. Andrews ' 
(Journal of Theological Studies, vol. v. p. 254) states that 'a lacuna in the archives at 
Rome prevents us from affixing a precise date to his provision.' Working on the 
basis of recorded consecration years, the bishop skilfully narrowed the issue to 
between May 20, 1403, and September 13, 1403. But there is no lacuna in the 
Vatican archives at that particular period, and the precise date of Wardlaw's 
provision (September 10, 1403) was given by Denifle, so long ago as 1894, in the 
Auctarium, vol. i. p. xxxv., and again in 1 898 by Eubel in his Hierarchia Catkolica, 
vol. i. p. 88. I lately procured a full transcript of this provision from the Papal 
registers and append it to this article. 

3 Scotichronicon, 1. vi. c. xlvii. 

4 His name occurs in a benefice roll of that university dated Aug. 9, 1393, in 
which he is designated ' can. expr. prof. eccl. S. Andree, ord. S. Aug., in jure can. 
lie.' Fournier's Statuts, vol. ii. p. 332. 

5 Ca/. of Petitions to the Pope, vol. i. p. 575. 

St. Andrews University 233 

of Loch Leven. 1 On July 6, 1395, the Prior was stated to be 
acting in the Roman Curia. 2 Bower, who up to 1418 was also a 
Canon at St. Andrews, is exceedingly lavish in his praise of Prior 
Biset, whom he declares to have been second to none of his pre- 
decessors, resembling a well-grafted shoot of a true vine that grew 
into a choice tree. He carried out extensive alterations and 
improvements on the monastic buildings and the Cathedral 
Church, and was exceptionally active in protecting the rights and 
privileges of the Priory. He was personally a good and great 
man, humble, grave, prudent, affable, more ready to forgive than 
to punish. He set a noble example to the brethren, many of 
whom, following in his footsteps, rose to dignified positions in 
the church. Nor is this to be wondered at, for he took care that 
two of his canons should be Masters in Theology, two Licentiates 
in Decrees, and five Bachelors in Decrees. 3 Biset, who is described 
by Martin V. as Papal Chaplain as well as Prior, 4 died on June 
25, I4i6. 5 

Thomas Stewart, the Archdeacon of St. Andrews, had been 
longer in office than either the bishop or the prior. Moreover, 
if he had cared to exert himself, he might have been bishop 
instead of Wardlaw, and so, perhaps, have altered the whole 
circumstances of the founding of the University. The arch- 
deacon was one of King Robert II. 's somewhat numerous family 
of illegitimate sons. As such, he was well provided with church 
livings, which were used, in part, to enable him to prosecute his 
studies at Paris. On February 10, 1380, Clement VII., of his 
own motion, made provision to him of the archdeaconry of 
St. Andrews, void by the promotion of John de Peebles to the 
see of Dunkeld, together with the canonry and prebend of Stobo 
in the diocese of Glasgow, void by the death of James Stewart, 
his brother. 6 On September 4, 1389, at the request of his father, 
he obtained from Clement the deanery of Dunkeld, and a dispen- 
sation to hold both dignities as well as a canonry and prebend 
attached to the deanery. 7 Again, on May 10, 1393, Clement 
granted Thomas Stewart's own petition for a canonry of Brechin, 
with expectation of a prebend, notwithstanding that he already 

1 Cal. t as above, vol. i. pp. 575, 576. His right to hold one of his benefices was 
disputed by Richard Cady, Bachelor of Canon Law, priest of the diocese of 
Dunkeld, pp. 594, 597. 

2 Regis frum Prioratus, p. 2. 8 Scotichronicon, 1. vi. cc. Iv. Ivi. 
4 CW. of Papal Letters, vol. vii. p. 63. 5 Scotichronicon, 1. vi. c. Ivi. / 
6 Ca/. of Petitions to the Pope, vol. i. p. 551. 7 Col,, as above, vol. i. p. 574. 


J. Maitland Anderson 

had prebends of Glasgow and Dunkeld. 1 During this period he 
seems to have been a student at Paris, although there is no 
mention of his name in the printed records. In the first year of 
Benedict XIII. (August 13, 1395) ne was granted permission, 
while at the University, to visit his archdeaconry by deputy, and 
receive money procurations for five years, as also to lecture on, 
and teach, Civil Law for five years. He was then described as a 
Bachelor of Canon Law. 2 On November 30 of the same year, he 
was granted a safe conduct by King Richard II. of England for 
four months, along with six horsemen and attendants, but the 
purpose of the journey is not stated. 3 Between 1384 and 1402 
the Exchequer Rolls record a number of remissions of custom 
in his favour. 4 On July I, 1401, he was elected Bishop of 
St. Andrews, but being, in the words of Bower, 5 a man of most 
modest disposition and of dove-like simplicity, he renounced all 
claim to the bishopric when he found that formidable difficulties 
stood in the way of his procuring papal confirmation of the 
election. On June 5, 1405, he rented from the prior and canons 
the lands of Balgove and other adjoining acres near St. Andrews. 6 
On October 4, 1422, he sanctioned the sale of certain lands in 
North Street by Thomas Stewart, scutifer, St. Andrews, to Prior 
James de Haldenston; 7 while on July 20, 1430, he acquired 
from Marjory Litstar a property in South Street lying between 
the land of John Ruglen on the east, and the common vennel 
which leads to the church of St. Leonard on the west. 8 The 
dates of his birth and death have not been ascertained but, in 
spite of statements to the contrary, he must have held the arch- 
deaconry for at least fifty years. In virtue of his office he became 
one of the first conservators of the privileges of the University. 

Perhaps at no other time was there more learning and less 
corruption among the clergy at St. Andrews than in the days of 
Bishop Wardlaw, Prior Biset, and Archdeacon Stewart. It was a 
time when the local circumstances were singularly well suited to 
meet the national need for a home university. The harmonious 
co-operation of the Bishop, Prior, and Archdeacon removed 
difficulties of various kinds which might otherwise have been 

1 Cat., as above, vol. i. p. 577. 
ZRotttfi Scotiae, vol. ii. p. 130. 

6 Scotichronicon, 1. vi. c. xlvii. 

7 MS. Pittance Writs, No. 18. 

2 Cal. t as above, vol. i. p. 592. 
4 Vol. iii. pp. 122, 524, 551, 682. 
6 Rtgistrum Prioratus, p. 4.22. 
8 MS. Pittance Writs, No. 25. 

St. Andrews University 235 

Fortunately, the names of the first teachers in the University 
have been preserved by Bower. 1 First of all, there was Master 
Laurence of Lindores, who expounded the fourth book of the 
Sentences of Peter Lombard. Then followed Master Richard 
Cornell, Archdeacon of Lothian ; Dominus John Litstar, Canon 
of St. Andrews ; Master John Scheves, Official of St. Andrews ; 
and Master William Stephen, afterwards Bishop of Dunblane ; all 
of whom lectured in the Faculty of Canon Law. Masters John 
Gill, William Fowlis, and William Croiser were the lecturers in 
Philosophy and Logic. Most of these names have been repeated 
by subsequent historians, including Hector Boece 2 and Arch- 
bishop Spottiswoode, 3 although with a somewhat different arrange- 
ment of their duties.* But whatever may have been the proper 
sphere of each Doctor and Master it seems clear that the 
University started with a staff of qualified teachers in the Faculties 
of Divinity, Law, and Arts. 

Of the personal history of these pioneer Doctors and Masters 
at St. Andrews not much is known. They had all been educated 
in France, for the most part at Paris, and, as a matter of course, 
they were without exception Churchmen. 

Perhaps the most distinguished of them all was Laurence of 
Lindores, who is characterised by Bower 5 as ' a great theologian 
and a man of venerable life ' ; and by a later historian as ' the 
most learned theologian of his day in Scotland.' 6 He was 
certainly the one who identified himself most closely with the 
University, in which he held a prominent position till the day of 
his death. But before the University was founded, Laurence was 
a well-known and dreaded ecclesiastic, and had secured for his 
name a permanent, if not an enviable, place in Scottish history. 

It may be assumed that Laurence was a graduate in Arts of the 
University of Paris, as he incepted there on April 7, I393. 7 On 

1 Scotichronicon, 1. xv. c. xxii. 2 Scotorttm Historiae, 1. xvi. 

3 History of the Church of Scotland, ed. Russell, vol. i. p. 113. 

4 According to Bower's arrangement, Cornell lectured on the Decretals ; Litstar 
on Canon Law in the morning (de mane) and Scheves and Stephen afterwards 
(i.e. post prandium). This Parisian custom is explained by Crevier thus : ' Ces 
lecteurs du matin, legentes de mane, remplissoient bien leur denomination. 
C'etoient des bacheliers, dont les Ie9ons devoient etre faites et achev^es avant le coup 
de Prime de Notre-Dame, qui etoit le signal des lecons des docteurs.' Hist, de 
rUniv. de Paris, vol. iv. p. 177. 

5 Scotichronicon, 1. xv. c. xxii. Other characterisations will be found in 1. xv. 
c. xx. and 1. xvi. cc. xx. xxiv. 

6 Hume Brown, History of Scotland, vol. i. p. 206. 7 Auctarium, vol. i. col. 677. 

236 J. Maitland Anderson 

May 5, of the same year, he was unanimously elected Proctor of 
the English Nation, but for reasons satisfactory to the Nation he 
was excused from accepting office. 1 While pursuing his studies 
in the Faculty of Theology at Paris he continued to act as one of 
the Regents in Arts in the University, and prepared quite a number 
of young Scotsmen for graduation between 1395 anc ^ H 01 - 2 On 
November 19, 1395, Laurence and two other Masters were elected 
Pro visors for the feast of St. Edmund, the patron saint of the Nation. 3 
It is in connexion with a supplication made by him to the English 
Nation to be allowed to transmit a special benefice roll to Benedict 
XIII. , on the part of masters belonging to Scotland, that his 
name appears for the last time in the printed records of the 
University of Paris. He wished this roll either to be sealed with 
the seal of the Nation, or to be inserted in the roll of another 
Nation. This was on August 7, 1403. The Nation declined to 
sanction the roll, as being prejudicial to its interests (apparently 
for reasons connected with the Schism), and this decision was 
supported by the University. 4 But the roll was probably other- 
wise transmitted, as there is still extant a short list of petitioners 
for benefices of that year, mostly Scotsmen, including Laurence, 
who was applying for a canonry of Aberdeen, and is designated 
* Clerk of the diocese of St. Andrews, Master in Arts, and 
Bachelor in Theology.' 5 

On the accession of Benedict XIII., in 1394, Laurence had 
petitioned for and obtained the promise of at least three ecclesi- 
astical benefices in Scotland, viz. one in the gift of the Bishop of 
St. Andrews (October 13) ; another in the gift of the Bishop of 
St. Andrews or of the Abbot and Convent of Arbroath (October 
26), and the third in the gift of the Abbot and Convent of 
Lindores (October 29). It was probably about this time that he 
obtained the church of Creich, in Fife, of which he is known to 
have been rector in 1408 7 and onwards. On March 26, 1414, 
Benedict XIII., on petition, appropriated this church to the Abbey 
of Lindores, whose buildings had been ruined and its revenues 
diminished by reason of its nearness to the sylvestrian Scots. 8 

1 Auctarium, vol. i. col. 678. 2 Auctarium^ vol. i. cols. 703-837. 

3 Auctarium, vol. i. col. 714. 4 Auctarium, vol. i. col. 864. 

5 Auctarium, vol. i. p. Ixxv. ; Chartularium Unhersitatis Parisiensis, vol. iv. p. 109. 

6 Cal. of Petitions to the Tope, vol. i. pp. 620, 591, 583. 

7 Reg. Monast. de Tasselet, pp. 338, 339. 

8 Cal. of Petitions to the Pope, vol. i. p. 601. 'Scoti sylvestres' is a phrase frequently 
used by Major in his Historia to distinguish the 'caterani,' or wild Scots, from 

St. Andrews University 237 

This arrangement was to take effect on the death of Laurence, 
and a perpetual vicar with a fit stipend was to be appointed. 1 But 
he must have resigned the church between July 9, 1432, when he 
was 'rector de Crech', and February 4, 1433, when he was 'olim 
rector de Crech.' 2 

Laurence has also been described as Abbot of Scone, Abbot of 
Lindores, and Official of Lindores, but there is a lack of evidence 
sufficient to prove that he held any one of these offices. The 
editor of the Liber ecclesie de Scon y in his notes on the abbots, 3 
states that ' the next whom we find styled abbot of Scone, is Law- 
rence de Lindoris, in 1411, who was the first professor of Law 
at St. Andrews,' and he gives as his authorities 'Fordun and 
Dempster.' Fordun, or rather Bower, nowhere calls Laurence 
abbot of Scone ; but Dempster does so, 4 and it is Dempster that 
the editor follows, even to the date, which he takes from a 
separate clause : ' Florebat anno MCCCCXI.' Dr. David 
Laing varies the above phraseology and writes * Laurence of 
Lindores, Abbot of Scone, in 1411, was the first Professor of 
Law in the newly erected University of St. Andrews.' 5 Dr. 
Alexander Laing, misreading and misquoting this sentence, boldly 
affirms that Laurence was Abbot of Scone in 14 n. 6 Mackenzie 
Walcott also ranks Laurence as an abbot of Scone, but he does 
not commit himself to a date. 7 

The succession of abbots of Scone at the beginning of the 
fifteenth century is unfortunately defective, and it is impossible 
to say, with certainty, that Laurence's name ought not to appear in 
the list. On the other hand, if he held that abbacy at all his 
tenure of it must have come to an end before April 25, 1418, on 
which day Adam de Crenach (or Crannach) was consecrated abbot 
by Bishop Wardlaw, at St. Andrews. 8 Hector Boece includes 
Laurence among those who received promotion at the hands of 
James I. after his return to Scotland in 1424. The king, he 

the * Scoti domiti,' or civilised Scots. Lindores Abbey, being on the fringe of 
Earnside forest, would be peculiarly liable to the visits of marauding Highlanders. 

1 It falls to be noted that as this appropriation did not take effect during the 
obedience of Scotland to Benedict, Bishop Wardlaw, at the instance of the king, 
and with counsel and assent of the chapter of St. Andrews, made the appropriation 
by his ordinary authority. On June 16, 1429, Martin V. gave a mandate to the 
Abbot of Dunfermline to make the appropriation by papal authority if he found 
the facts to be as stated. Cal. of Papal Letters, vol. viii. p. 143. 

2 Acta Facultatis Artium. 3 Preface, p. xii. 4 Hist, Eccles. Gen. Scot. p. 443. 
5 Laing's Knox, vol. i. p. 497. 6 Laing's Lindores Abbey, p. 103. 

1 Ancient Church of Scotland, p. 315. 8 Scotickronicon, 1. xv. c. xxx. 

238 J. Maitland Anderson 

says, made Laurence Abbot of Scone, but that adverse fates soon 
dragged him away. 1 Adam de Crenach, however, was still in 
office on July n, 1426,2 and when he resigned and became a 
canon, apparently in 1432, Eugenius IV., on October 29 of that 
year, made provision of the abbey to John of Inverkeithing, a 
canon of Holyrood, who died before obtaining possession. There- 
after, on September 23, 1439, tn * s benefice, which had been 
specially reserved by Eugenius before the resignation of Adam, 
was granted in commendam for life to James Kennedy, Bishop of 
Dunkeld (afterwards of St. Andrews). At the same time, William 
Stury, 3 an Augustinian canon, who had held the abbacy since 
Adam's resignation, under a pretext of election by the convent 
and confirmation by the ordinary, was removed. 4 There was thus 
no room for Laurence after 1418. 

As at Scone, the succession of abbots at Lindores is fragmentary. 
Dr. Alexander Laing does not claim Laurence as an abbot of 
Lindores, but he twice calls him 'official of Lindores.' 5 It is 
almost certain that he never was abbot, and there was no such 
person about the abbey as an * official.' Probably all that Dr. Laing 
meant to imply by the term was that Laurence was an official or 
officer of some sort connected with the abbey. Mr. W. B. D. D. 
Turnbull, the editor of the Liber Sancte Marie de Lundoris, 
blames Dr. John Anderson, the writer of the new statistical 
account of the parish of Newburgh, for enrolling Laurence in the 
list of abbots of Lindores ; 6 but that is scarcely fair, for all that 
Dr. Anderson does is to enrol him in his very brief list * of the 
abbots and other dignified clergy connected with this monastery.' 7 
It is Leighton, whom Turnbull dubs the * echo ' of Dr. Anderson 
and the ' fag ' for Mr. Swan, who, on his own account, explicitly 
states that ' in the beginning of the fifteenth century, Laurence 
was abbot of Lindores.' 8 Laurence's name, like the names of so 
many of his contemporaries, was in all likelihood territorial, and 
did not necessarily connect him with the abbey. Still, seeing that 

1 Scotorum Historiae, 1. xvi. 2 Cal. of Papal Letters, vol. vii. p. 21. 

3 This is doubtless the ' dompnus Willelmus Stury,' who was chamberlain of 
the prior of St. Andrews in 1417. (Exchequer Rolls, vol. iv. p. 282.) The 
name is also written Sturi, and, in some manuscripts, Skurry. In 1429 he was 
a professor of theology in the University. He may also be the unnamed Abbot 
of Scone alluded to by Bower in his eulogy of Biset (Scotichronicon, 1. vi. c. Ivi.) 

4 Cal. of Papal Letters, vol. viii. pp. 270, 427. 

5 Lindores Abbey, pp. 103, 456. 6 Introduction, pp. vi. vii. 

7 New Statistical Account, Fifeshire, p. 66. 8 History of Fife, vol. ii. p. 166. 

St. Andrews University 239 

in all countries the great majority of Inquisitors belonged to the 
Dominican order, it is yet not unreasonable to suppose that 
Laurence was in some way associated with the Benedictine Abbey 
of Lindores. 

After returning to his native country, probably about 1404, 
Laurence seems to have set himselt with great zeal to the task of 
suppressing Lollardism. ' He gave peace to heretics and Lollards 
nowhere within the Kingdom,' says Bower. 1 In this invidious 
task he may have been encouraged by Robert, Duke of Albany, 
who had the reputation of being a firm catholic and a hater of 
Lollards and heretics. 2 It was at the instigation of Laurence, in 
his capacity as Inquisitor of heretical pravity, that, at Perth, in 
1406 or 1407, the first martyr fire was kindled in Scotland. 3 
Another followed in 1433, when Paul Craw was burned at 
St. Andrews, but on this occasion, if Boece's version of the story 
can be trusted, 4 Laurence had the vigorous assistance of John 
Fogo, Abbot of Melrose. 5 A heretic of a more academical type 
than either of these fell to be dealt with by Laurence and others 
(including William Stury, the irregular abbot of Scone, already 
referred to) on October 27, 1435. This was Robert Gardner, 
Bachelor in Decrees, a priest, who, in a public oration, delivered in 
the Schools of Theology at St. Andrews, had advanced ten pro- 
positions that were calculated to bring the teaching of the University 
into ridicule. But Gardner had no martyr blood in his veins, so 
he incontinently and humbly owned that his propositions were 
false, erroneous, and scandalous, as well as offensive to pious ears, 
and with his hand on the Holy Gospels, he swore never to sustain 
or defend them again either publicly or privately, by himself or by 
another. Having escaped the flames himself, he promised to 
destroy and annihilate his oration and every copy of it that he 
could obtain. 6 

1 Scotichronicon, 1. xvi. c. xx. 2 Wyntoun, Cronykil, b. ix. ch. xxvi. 

3 I have not been able to discover under what circumstances Laurence came to 
be appointed Inquisitor for Scotland. My correspondent in Rome informed 
me some years ago that at the period in question * non e facile trovare atti 
che possano riguardare la Scozia.' 

^Scotorum Historiae, 1. xvii. 

5 Boece's additional statement that the king was so mightily pleased with 
Fogo's conduct in this business that he gave him the Abbey of Melrose is 
quite contrary to fact. 

6 The following are samples of Gardner's offensive propositions : Quid enim 
in grammatica reperiri poterit nisi Prisciani rudimenta ? Quid enim in rhetorica 
nisi Tullii blandimenta ? Quid in astrologia nisi coelorum influentiae poterit 
inveniri ? A eta Facultatis Artium, 

240 J. Maitland Anderson 

Laurence's activity and influence in the early years of the 
University must have been very great, although the record of 
them is somewhat meagre. He was the first Rector of the 
University, and as such had a large share in the drafting of 
its original statutes. He was again Rector in 1432, when he 
witnessed King James's charters confirming the privileges of 
the University, and he may have held that office in other years. 
He was Dean of the Faculty of Arts in 1415, and again, 
apparently continuously, from 1431 to 1437. He was Receptor 
of the Faculty in 1426, when the auditors found fault with his 
accounts. He had advanced ten marks towards making the head 
of the Faculty mace, and the completed mace had been lodged in 
his custody until the money was refunded by the Faculty. The 
auditors appear to have contended that after the repayment of his 
loan had been accounted for he was due the Faculty 20 i6s. 8d. 
and so * de isto compute non fuit concordia.' In 1430 Laurence 
was once more, and unanimously, elected Receptor, but he gave 
many reasons for not accepting the office, while graciously allowing 
himself to be appointed one of the auditors of the accounts of the 
retiring Receptor. He likewise took part in the ordinary routine 
work of the Faculty of Arts by acting, on occasion, as a deputy 
and an examiner. On the institution of the Pedagogy, in 1430, 
Laurence was elected the first principal master in presence of 
Bishop Wardlaw and with his approval. There is no record 
as to what he did for the Faculty of Theology, to which he 
at first belonged, except that he was present at a meeting held 
on March 18, 1429, for the ratification of the statutes of that 
Faculty. 1 

Laurence of Lindores died in the middle of September, 1437. 
On September 16, George de Newtoun, then the senior master in 
Arts and Rector of the University, called the other masters 
together, who elected him Dean and persuaded him to take office. 
At the same meeting arrangements were made for taking over 
from the executors of Laurence the Faculty mace, as well as the 
charters and other documents which had been in his keeping. 
On the following day it was decided that there should be solemn 
obsequies, at the common expense of the Faculty, for the soul of 
Master Laurence of Lindores, formerly Dean of the Faculty of 
Arts * et ita factum est.' 2 

Laurence owned a house in St. Andrews which retained his 

1 Acta Facultatls Artlum and other university documents. 

2 Acta Facultatis Artium, 

St. Andrews University 241 

name long after his death. When St. Leonard's College was 
founded in 1512 one of its endowments was an annual rent of 
twelve pence ' de tenemento magistri Laurentii de Lundoris.' A 
curious glimpse of the domestic side of University life is obtained 
under date August 13, 1456, when the Faculty of Arts called 
upon Master Thomas Ramsay to restore certain large beams 
which were left in the kitchen of the College of St. John the 
Evangelist by Master Laurence of Lindores, formerly rector of 
Creich and master of the said College, or to show reasonable cause 
why he should not do so. 1 The College of St. John had been 
merged in the Pedagogy. 

Richard de Cornell, a man of noble parentage, was a native of 
Forfarshire, having been born within four miles of Dundee. He 
studied Canon Law at the University of Orleans, and afterwards 
lectured in the University of Avignon. In accordance with the 
custom of the time, he held various church preferments in 
Scotland during his residence in France. He is described suc- 
cessively as Chaplain to the Queen of Scotland and Vicar of 
Musselburgh (1385) ; Member of the household of David, Earl 
of Carrick, eldest son of Robert, King of Scotland, and Chaplain 
of the Hospital of St. Mary Magdalene, Musselburgh (1394); 
Bachelor of Canon Law and Rector of Ecclesmachan (1404) ; 
Licentiate of Canon Law and perpetual Vicar of St. Mary's in the 
island of Arran (1405) ; Archdeacon of Dunkeld (1406) ; 
Rector of St. Mary's, Arran (1407) ; ambassador of the Duke of 
Albany, Governor of Scotland, Archdeacon of Dunkeld, Canon 
and Prebendary of Erskine in Glasgow (1408). In 1404 he 
petitioned for, and was granted, the perpetual vicarage of Dundee, 
apparently on condition that he resigned the church of Eccles- 
machan. In 1408 he was promoted from the Archdeaconry of 
Dunkeld to that of Lothian, which office he held for ten or eleven 
years. 2 He witnessed a charter at St. Andrews on January 22, 

John Litstar was a Bachelor of Canon Law and one of the 
Canons of the Priory of St. Andrews. On March 10, 1418, 
Benedict XIII., of his own motion, made him Prior in succession 
to James Biset ; but, in ignorance of his own promotion, he 
procured the election of James de Haldenston, one of his fellow- 
canons, and proceeded, by order of the chapter, with him to the 

1 Acta, Facultatls Artiutn. 

2 Cal. of Petitions to the Pope, vol. i. pp. 566-638 ; CaL of Papal Letters, vol. vii. 
p. 238 ; Reg. Mag. Sig. vol. i. p. 235 ; Fournier's Statuts, vol. iii. pp. 486, 488. 


242 J. Maitland Anderson 

court of Martin V., to whom he paid obedience and reverence. 
On his way home he found, at Bruges, Benedict's letters contain- 
ing his own appointment, ' whereupon, coming to himself, he 
wept bitterly, and knew not what to do, to make amends for his 
ingratitude and grave offence.' In a petition l for absolution, 
rehabilitation, and dispensation,' he prostrated himself before 
Pope Benedict, saying, ' God be merciful to me a sinner.' Bene- 
dict afterwards confirmed his appointment to the Priory, but by 
that time (December 13, 1418) Scotland had formally withdrawn 
its obedience from him, and the appointment failed to take effect. 
On March 9, 1418, Benedict had assigned to James de Halden- 
ston a yearly pension of 200 gold scudi on the fruits of the 
Priory ; but on December 8 of the same year he deprived him of 
the said pension * as it appears that he is a schismatic and 
adherent of Otto de Colonna, who calls himself Martin V.' l 
Bower, who styles Litstar a Licentiate in Decrees, a venerable 
and religious man, and a most worthy canon, gives a somewhat 
different version of these remarkable transactions, but there is no 
difference in the result. 2 According to Boece, the king made 
Litstar Prior of Inchcolm. 3 Bower, however, records his own 
appointment to that abbacy on April 17, I4i8, 4 and he held it 
until his death in 1449. 

John de Scheves was a licentiate of Canon Law. In 1418 he 
petitioned for and abtained, from Benedict XIII., on June 15, a 
canonry and prebend of Glasgow, and the Archdeaconry of Teviot- 
dale, notwithstanding that he held the church of Arbuthnot in 
the diocese of St. Andrews. At that time he was described as 
Official of St. Andrews, Rector of the University, and Counsellor 
of Robert, Duke of Albany, Governor of the Realm. 5 Curiously 
enough, he appears to be the same person who, on January 26, 
1418, had obtained collation and provision, from Pope Martin V., 
of a canonry of Glasgow and another of Aberdeen, with reserva- 
tion of a prebend of each. 6 His name occurs among the witnesses 
to an undated charter of Bishop Wardlaw, where he is designated 
Master John Scheves, Doctor of Decrees and Official General of 
St. Andrews. 7 John Scheves, Canon of Aberdeen and Mandatory 
of Pope Eugenius IV., in I433, 8 and Master John Scheves, Canon 

1 Cal. of Petitions to the Pope, vol. i. pp. 608-61 1. 2 Scotichronicon, 1. vi. c. Ivii. 
3 Scotorum Historiae, 1. xvi. 4 Scotichronicon, 1. xv. c. xxx. 

5 Cal. of Petitions to the Pope, vol. i. p. 609. 6 Cal. of Papal Letters, vol. vii. p. 102- 
7 Reg. Mag. Sig. vol. ii. p. 57. 8 C0/. of Papal Letters, vol. viii. p. 474. 

St. Andrews University 243 

of Glasgow and Clerk Register, 1426 and onwards, 1 may have 
been contemporaries of the same name ; but a University docu- 
ment regarding certain feu duties, dated March 13, 1447, is 
addressed ' venerabili et circumspecto viro dominion Johan de 
Scheues, decretorum doctori, Glasguensis et Aberdonensis ecclesi- 
arum canonico, ac officiali Sancti Andree generali.' 

William Stephen was a Bachelor of Canon Law. In 1408, 
Richard de Cornell obtained for him from Benedict XIII., the 
Canonry and Prebend of Rhynie in Moray, notwithstanding that 
he already had the Church of Eassie and the Hospital of Ednam 
in the diocese of St. Andrews. In 1415 he is described as Canon 
of Moray, Rector of Eassie, and Master of the Hospital of Ednam, 
in a petition to Benedict XIII. (who, it was said, proposed to 
appoint him to the see of Orkney) for license to hold the said 
hospital in commendam for a year after he obtained the bishopric. 2 
Stephen was in due course promoted to the bishopric of Orkney, 
and his consecration took place at the court of Benedict. In 1419 
he was proctor in the Roman Court of the Duke of Albany, 
Governor of Scotland, being one of the ambassadors sent to 
announce the withdrawal of obedience by Scotland from Benedict 
XIII. While there he obtained from Martin V. the church of 
Gogar which he was to be allowed to hold in commendam for a year 
along with other privileges, after obtaining possession of the 
temporalities of the see of Orkney. On October 30, 1419, he 
was translated by Martin V. from the see of Orkney to that of 
Dunblane. 3 At the time of his appointment, he was, according to 
Keith, 4 'Divinity reader in the University of St. Andrews.' He 
was one of the ambassadors of the King of Scotland to the Roman 
Court to whom Henry VI. of England granted a safe conduct on 
June 9, I425. 5 As principal auditor and receiver of the tax levied 
for the payment of the king's ransom, his name is of frequent 
occurrence in the fourth volume of the Exchequer Rolls. He 
died in 1429. 

Of the Philosophy Masters, John Gyll or Gill was a graduate 
of Paris, being Bachelor of Arts in 1403, and Licentiate and 
Master in 1405. He is probably the John Gyll, clerk of the 

1 Exchequer Rolls, vol. iv. pp. 400-654. 

2 Cal. of Petitions to the Pope, vol. i. pp. 636, 604. 
*Cal. of Papal Letters, vol. vii. pp. 103, 118, 133. 
* Scottish Bishops, ed. Russell, p. 177. 

5 Rymer's F&dera, vol. x. p. 344. G ductarium, vol. i. cols. 853, 899, 901. 

244 J Maitland Anderson 

diocese of St. Andrews, who, in 1434, along with others (includ- 
ing John Scheves), was a claimant to the canonry and prebend 
of Belhelvie, in Aberdeenshire, which had been bestowed upon 
William Turnbull, Canon of Aberdeen (afterwards Bishop of 
Glasgow). 1 He may also have been the John Gyll, Chancellor 
of Dunkeld, who was present at the ratification of the 
Statutes of the Faculty of Theology on March 18, 1429. His 
name occurs several times in the Acta Facuhatis Artium. On 
December 12, 1425, the Faculty decreed that anything contained 
in that book which might be to the reproach and scandal of Gyll 
and. another master should be deleted by the Dean ; on November 
19, 1427, he was appointed an examiner and took the customary 
oath in the hands of the Chancellor; on January 12, 1428, he 
was absent and another examiner was elected in his place ; on 
February 3, 1429, he was appointed, along with Laurence of 
Lindores and others, to assist the Dean in carrying out some 
reforms in the Faculty ; on April 4, 1430, he was again elected an 
examiner ; and on May 28, of the same year, he was chosen one 
of the auditors of the Receptor's accounts. A writer in Northern 
Notes and Queries 2 had heard that there is a tombstone to Gyll's 
memory at St. Andrews ; but no such thing is known to exist 

William Fowlis, or de Foulis, who belonged to the diocese of 
Dunblane, was also a graduate in Arts of Paris, but as his M.A. 
degree was not obtained until 1411, it is doubtful if he began 
teaching at St. Andrews so early as 1410. He is usually desig- 
nated Master of Arts, but in 1432 he is called Bachelor of 
Theology. As his history is obscure during the first ten years 
after his graduation at Paris, it may be concluded that he was 
busy with his work at St. Andrews. From 1421 to 1439 he 
comes into the light as the holder of a prominent place in Scot- 
land as a statesman as well as a churchman. During that period 
he is met with as rector of Cambuslang ; rector of Seton ; provost 
of the collegiate church of Bothwell ; archdeacon of St. Andrews ; 
secretary of Archibald Earl of Douglas ; counsellor of the king ; 
and keeper of the Privy Seal. On February 21, and July 10, 
1423, he had safe conducts to England, along with others, to 
treat for a final peace ; and he was entrusted with other public 
missions. Early in 1424 he was presented to the perpetual 
vicarage of the parish church of Edinburgh by King James, as 
patron, but Bishop Wardlaw refused to institute him, whereupon 

1 Cal. of Papal Letter S, vol. viii. p. 490. 2 Vol. iii. p. 154. 

St. Andrews University 245 

he appealed to the apostolic see and obtained from Martin V. a 
mandate of inquiry to be followed by collation and assignation if 
the patronage and presentation were found to be lawful, with 
certain stipulations as to resigning the provostship of Bothwell and 
the church of Seton. During all these years his name only occurs 
twice in connexion with the University. In his capacity as keeper 
of the privy seal he transmitted to the Faculty of Arts in 1432 an 
' Appunctamentum ' which had been drawn up, or approved, by 
the king, containing a series of regulations for the better manage- 
ment of University affairs. On December n, 1439, he was 
present at a meeting of the Faculty of Arts when new statutes 
were affirmed and approved, and he appended his signature to 
them. He appears to have died in I44I. 1 

William Croyser, or Croiser, belonged to the diocese of St. 
Andrews. He was a Bachelor of Arts of Paris of 1407 and a 
Master of 1 409. 2 In 1415 he obtained from Benedict XIII. a 
canonry and prebend of Dunkeld, who also granted to him the 
parish church of Kirkgunzeon in commendam? He appears to 
have been resident in Paris as a student of Theology, when 
Martin V. was elected Pope. From him, so early as January 20, 
1418, he procured collation and provision of the canonry and 
prebend and precentorship of Moray, notwithstanding that he 
held the canonry and prebend of Dunkeld, and the parish church 
of Kirkgunzeon, and intended to litigate about the parish church 
of Torbolton. 4 This was probably the first appointment to a 
Scottish benefice made by the new pope. On June 4 of the 
same year Martin ordered collation and provision to be made to 
Croyser of the canonry and prebend of Glasgow and the arch- 
deaconry of Teviotdale. 5 Other preferments followed, and 
Croyser soon became a pluralist on a large scale, so much so 
that in 1424 he was said to be ' opulently beneficed to the extent 
of 1 60 marks sterling a year.' 6 On June 27, 1422, Martin issued 
letters requesting safe conduct * during two years for William 
Croyser, Archdeacon of Teviotdale in the church of Glasgow, 

1 Auctarium, vol. ii. cols. 100, 105, 106 ; Cal. of Papal Letters, vol. vii. pp. 203- 
369 ; vol. viii. pp. 234, 458 ; Exchequer Rolls, vol. iv. pp. 432-667 ; Laing 
Charters, No. 107; Reg. Mag. Sig. vol. \\.passint; Rymer's Fardera, vol. x. pp. 
266-296 ; Scotichronicon, 1. xvi. c. xxxiii. 

2 Auctarium, vol. ii. cols. 5, 55. 

3 Cal. of Petitions to the Pope, vol. i. p. 603 ; Cal. of Papal Letters, vol. vii. p. 360. 

4 Cal. of Papal Letters, vol. vii. p. 92. 5 Cal. of Papal Letters, vol. vii. p. 93. 
6 Cal. of Tapal Letters, vol. vii. p. 344. 

246 J. Maitland Anderson 

papal acolyte and nuncio, and member of the pope's household, 
when the pope is sending to divers parts [not named] on 
business of the pope and the Roman church.' l He attended the 
Council of Basel and remained there after the Council had been 
transferred to Ferrara on September 18, 1437, adhering to and 
recognising Felix V., the last of the antipopes. 2 Croyser was 
evidently of a litigious and quarrelsome disposition. Throughout 
the reigns of Martin V. and Eugenius IV. he led a tempestuous 
life, and the annals of his doings occupy much space in the papal 
and other contemporary registers. Some of them, if worked out, 
would make curious reading, but the record of them is complicated 
in the extreme.* 

These gleanings are sufficient to show that the University 
of St. Andrews was inaugurated by men of intellectual attain- 
ments and administrative ability of a very high order. It is 
greatly to the credit of Scotland that such men were at hand 
ready and willing to come to their country's aid in an educational 
emergency. The promoters of other universities have had to 
appeal to scholars of different nationalities to fill the chairs they 
had provided. At St. Andrews the first doctors and masters, as 
well as the founders, were all true and patriotic Scotsmen ; and 
they brought with them to the new seat of learning not only 
ample knowledge of the subjects they undertook to teach, but 
likewise intimate acquaintance with the organisation and adminis- 
tration of the leading universities of their time. 

(To be continued.'} 


Copy of Papal Letter appointing Henry Wardlaw, Precentor of Glasgow, 
to the Bishopric of St. Andrews, with relative mandates. 

Dilecto filio Henrico Electo Sanctiandree salutem et apostolicam 
benedictionem. Apostolatus officium, quamquam insufficientibus meritis, 
nobis ex alto commissum, quo ecclesiarum omnium regimini presidemus 
utiliter exequi, coadiuvante Domino, cupientes, soliciti corde reddimur ut 
cum de ipsarum presertim Romane ecclesie immediate subiectarum regi- 
minibus agitur committendis, tales eis in pastores preficere studeamus, qui 
commissum sibi gregem dominicum sciant, non solum doctrina verbi sed 

1 CaL of Papal Letters, vol. vii. p. 10. 2 Cal. of Papal Letters, vol. viii. p. 306. 
3 Cf. Theiner, Vetera Monumenta, pp. 373-375. 

St. Andrews University 247 

exemplo boni operis, informare commissasque sibi ecclesias in statu prospero 
et tranquilio velint et valeant, duce Domino, gubernare. Dudum siquidem 
bone memorie Waltero episcopo Sanctiandree regimini ecclesie Sanctiandree, 
eidem Romane ecclesie immediate subiecte presidente, nos cupientes eidem 
ecclesie, cum vacaret, per apostolice sedis providentiam utilem et ydoneam 
presidere personam, provisionem ipsius ecclesie ordinationi et disposition! 
nostre ea vice duximus specialiter reservandam. Decernentes extunc 
irritum et inane si secus super hiis per quoscunque quavis auctoritate scienter 
vel ignoranter contingeret attemptari. Postmodum vero prefata ecclesia, 
per obitum ipsius Waited episcopi, qui extra Romanam curiam diem clausit 
extremum, vacante, nos vacatione huiusmodi fidedignis relatibus intellects, 
ad provisionem ipsius ecclesie celerem et felicem, de qua nullus preter nos 
hac vice se intermittere potuit neque potest, reservatione et decreto obsis- 
tentibus supradictis, ne ecclesia ipsa longe vacationis exponeretur incommodis, 
paternis et solicitis studiis intendentes, post deliberationem quam de prefici- 
endo eidem ecclesie personam huiusmodi, cum fratribus nostris habuimus 
diligentem, demum ad te, precentorem ecclesie Glasguensis, decretorum 
doctorem, in presbiteratus ordine constitutum, vite ac morum honestate 
decorem, in spiritualibus providum, et in temporalibus circumspectum, 
aliisque virtutum donis multipliciter insignitum, direximus oculos nostre 
mentis, quibus omnibus debita meditatione pensatis, de persona tua nobis 
et eisdem fratribus ob dictorum tuorum exigentiam meritorum accepta, 
eidem ecclesie de dictorum fratrum consilio auctoritate apostolica provi- 
demus, teque illi preficimus in episcopum et pastorem, curam et 
administrationem ipsius ecclesie tibi in spiritualibus et temporalibus plenarie 
committendo, in illo qui dat gratias et largitur premia confidentes, quod 
prefata ecclesia sub tuo felici regimine, gratia tibi assistente divina, prospere 
et salubriter dirigetur, ac grata in eisdem spiritualibus et temporalibus 
suscipiat incrementa. lugum igitur Domini tuis impositum humeris 
prompta devotione suscipiens, curam et administrationem predictas sic 
exercere studeas solicite, fideliter, et prudenter, quod ecclesia ipsa guberna- 
tore provide et fructuoso administratore gaudeat se commissam, tuque preter 
eterne retributionis premium, nostram et dicte sedis benedictionem et gratiam 
exinde uberius consequi merearis. Datum apud Pontemsorgie, Avinionensis 
diocesis, mi. idus Septembris, pontificatus nostri anno nono. 1 

1 There are few indications of Wardlaw's presence in Scotland previous to his 
appointment to the bishopric of St. Andrews. If it be the case that he was sent 
on a mission to the papal court at Avignon and remained there several years, he 
was probably for a time a prisoner with Benedict. The pope made his escape 
from the palace at daybreak on March 12, 1403, and reached Chateau-Renard 
in safety before nightfall. He left Chateau-Renard on April 17, and proceeded, 
by way of Cavaillon and L'Isle, to Carpentras, which he entered on May 5. 
Partly on account of the intense heat, and partly from urgent calls to return to 
Avignon, Benedict advanced to the castle of Sorgues on June 26, with a consider- 
able retinue. He remained there until October i, when he thought it prudent 
to move southward to Salon, as a pestilence had broken out in the district of 
Avignon. It is unnecessary to follow him farther at present. While at Sorgues, 
Benedict promoted his nephew to an archbishopric, and made numerous provi- 
sions to bishoprics and abbacies. Wardlaw received his appointment, as above, on 
September 10, and he was doubtless consecrated immediately afterwards. 

248 St. Andrews University 

In eodem modo : Dilectis filiis capitulo ecclesie Sanctiandree, Romane 
ecclesie immediate subiecte, salutem, etc. Apostolatus officium, etc., usque 
incrementa. Quocirca discretioni vestre per apostolica scripta mandamus, 
quatenus eundem Henricum Electum tanquam patrem et pastorem 
animarum vestrarum grato admittentes honore ac exhibentes ei obedientiam 
et reverentiam debitas et devotas, eius salubria monita et mandata suscipiatis 
humiliter et efficaciter adimplere curetis, alioquin sententiam quam ipse rite 
tulerit in rebelles ratam habebimus et faciemus, auctore Domino, usque ad 
satisfactionem condignam inviolabiliter observari. Datum ut supra. 

In eodem modo : Dilectis filiis clero civitatis et diocesis Sanctiandree 
salutem, etc. Apostolatus officium, etc., usque incrementa. Quocirca dis- 
cretioni vestre per apostolica scripta mandamus, quatenus eundem Henricum 
Electum, etc., ut supra usque Datum, etc. 

In eodem modo : Dilectis filiis populo civitatis et diocesis Sanctiandree 
salutem, etc. Apostolatus, etc., usque incrementa. Quocirca universitatem 
vestram rogamus et hortamur attente, per apostolica vobis scripta mandantes, 
quatenus eundem Henricum Electum tanquam patrem et pastorem 
animarum vestrarum devote suscipientes et debita honorificentia prose- 
quentes, eius salubris monitis et mandatis humiliter intendentes, ita quop 
ipse in vobis devotionis filios et vos in eo, per consequens, patrem invenisse 
benevolum gaudeatis. Datum ut supra. 

In eodem modo : Dilectis filiis universis vassallis ecclesie Sanctiandree 
salutem, etc. Apostolatus officium, etc., usque incrementa. Quocirca 
universitati vestre per apostolica scripta mandamus, quatenus eundem 
Henricum Electum debito prosequentes honore ac ipsius monitis et 
mandatis efficaciter intendentes, ei fidelitatem solitam necnon consueta 
servitia et iura sibi a vobis debita exhibere integre studeatis, alioquin 
sententiam sive penam quam ipse rite tulerit seu statuerit in rebelles, ratam 
habebimus et faciemus, auctore Domino, usque ad satisfactionem condignam 
inviolabiliter observari. Datum ut supra. 

In eodem modo : Carissimo in Christo filio Roberto regi Scotorum illustri 
salutem, etc. Grade divine premium et preconium humane laudis 
acquiritur, si per seculares principes ecclesiarum prelatis, presertim eccle- 
siarum cathedralium Romane ecclesie immediate subiectarum regimini 
presidentibus, opportuni favoris presidium et honor debitus impendantur. 
Dudum, etc., usque incrementa. Quocirca serenitatem regiam rogamus et 
hortamur attente, quatenus eosdem Henricum Electum et ecclesiam suo 
regimini commissam habens pro divina et apostolice sedis ac nostra 
reverentia propensius commendatos, sic eisdem te exhibeas favore regio 
benevolum et in opportunitatibus gratiosum, quod idem Electus per auxilium 
tue gratie in commisso sibi ecclesie prefate regimine utilius proficere valeat, 
tuque provide consequaris premia felicitatis eterne et nos celsitudinem 
regiam dignis possimus in Domino laudibus commendare. Datum ut supra. 

Exped. V. kalendas Octobris anno nono. 

B. Fort. 
Arch. Secret. Vatic. Regest. Avinion. Benedictl XIII. , torn. 30, fol. 99. 

The Dispensation for the Marriage of John Lord 
of the Isles and Amie Mac Ruari, 1337 

THE following Dispensation is an important document for 
the history of the Clan Donald. It was mentioned, but 
not printed in Andrew Stuart's Genealogical History of the Stewarts, 
and it was accidentally omitted in the Calendar of Papal Letters 
(Rolls series). It is here printed in full, that all doubts as to its 
existence and as to its tenor may be set at rest. The Pope is 
Benedict XII., and the record reference is Regesta Vaticana, 
vol. 124, fol. 89. J. MAITLAND THOMSON. 


Venerabili fratri episcopo Sodorensi 
salutem. Exhibita nobis dilectorum 
filiorum nobilium virorum Johannis 
nati quondam Engusii de IleetRegi- 
naldi quondam Roderici de Insulis 
tue diocesis petitio continebat quod 
olim inter eos eorumque progenitores 
consanguineos et amicos incentore 
malorum hoste humani generis pro- 
curante guerre dissensionses et 
scandala ruerunt exorta propter que 
homicidia incendia depredationes 
spolia et alia mala quam plurima 
evenerunt et continue evenire non 
cessant et nichilominus multe ecclesie 
illarum partium fuerunt passe et 
patiuntur propterea non modica 
detrimenta nam in eis cultus divinus 
minuitur cessat devotio et decime 
non solvuntur quinimo alique de 
dictis ecclesiis quodam modo fuere 
destructe et pejora evenire timentur 
nisi de oportuno remedio celeriter 
succurratur quodque ipsi desiderantes 
tot et tantis periculis obviare in- 


To our venerable brother the bishop 
of the Isles greeting. The Petition 
of our beloved sons the noble men 
John, son of the late Angus of He 
and Reginald (son) of the late Roderic 
of the Isles, of your diocese, shewn 
to us, stated that formerly, by the 
contrivance of that instigator of ill 
deeds the enemy of the human race, 
wars, disputes, and causes of offence 
arose between them and their parents, 
kinsmen and friends, on which ac- 
count murders, fire raisings, plunder- 
ings, pillagings, and very many other 
evils happened and still do not cease 
to happen, and moreover many 
churches of those parts have suffered 
and do suffer no slight damage there- 
by, for divine worship in them grows 
less, devotion ceases and tithes are 
not paid, nay more, some of those 
churches have been in a manner 
destroyed, and worse, it is feared, 
may happen unless recourse be 
speedily had to a suitabler emedy; 


Dispensation for Marriage 

vicem habuere tractatum quod idem 
Johannes et dilecta in Christo filia 
Amia soror Reginaldi predicti adin- 
vicem matrimonialiter copulentur ; 
verum quia sicut asserunt dicti 
Johannes et Amia quarto consan- 
guinitatis gradu invicemse contingunt 
matrimonium hujusmodi contrahere 
nequeunt dispensatione super hoc 
apostolica non obtenta. Quare 
dicti Johannes et Reginaldus nobis 
humiliter supplicarunt ut cum eisdem 
Johanne et Amia super hoc dispen- 
sare misericorditer dignaremur. Nos 
igitur qui salutem querimus singul- 
orum et libenter Christi fidelibus 
quietis et pacis commoda procuramus 
predictis scandalis et periculis obviare 
salubriter intendentes eorum et dicte 
Amie supplicationibus inclinati frater- 
nitati tue de qua fiduciam gerimus in 
Domino specialem per apostolica 
scripta committimus et mandamus 
quatenus si est ita cum eisdem 
Johanne et Amia quod impedimento 
consanguinitatis hujusmodi non 
obstante hujusmodi matrimonium 
adinvicem libere contrahere valeant 
et in eo postquam contractum fuerit 
licite remanere apostolica auctoritate 
dispenses prolem suscipiendam ex 
hujusmodi matrimonio legitimam 
nuntiando. Datum Avinione ij 
nonas Junij anno tertio. 

and that they (the petitioners), desir- 
ing to prevent so many and so great 
dangers, have mutually contracted 
that the said John and our beloved 
daughter in Christ, Amie, sister of 
the foresaid Reginald, shall be joined 
together in marriage ; but because 
(as they assert) the said John and 
Amie are related to one another in 
the fourth degree of kinship, they 
cannot contract such marriage with- 
out obtaining apostolic dispensation 
therefor ; wherefore the said John 
and Reginald have humbly besought 
us that we would mercifully deign 
to dispense with the said John and 
Amie thereupon. We therefore who 
seek the salvation of every one and 
would gladly procure for Christ's 
faithful people the benefits of quiet- 
ness and peace, endeavouring whole- 
somely to prevent the foresaid 
offences and dangers, according to 
the entreaties of them and of the 
said Amie, by writings apostolic 
commit to your brotherhood and 
enjoin you, in whom we have special 
confidence in the Lord, that, if it is 
so, you by apostolic authority dis- 
pense with the said John and Amie 
so that notwithstanding such impedi- 
ment of kinship, they may be able 
to contract such marriage together 
and, after it has been contracted, 
lawfully to remain therein ; declar- 
ing the issue to be born of such 
marriage legitimate. Given at Avig- 
non, 4 June, 1337. 

Jacobite Songs 

r T^HERE are a considerable number of Jacobite songs and 
A ballads extant in broadsides which have not been reprinted. 
There are also many in manuscript. The Rawlinson MSS. in the 
Bodleian Library contain several small collections which would 
be worth looking through. The four ballads which follow are 
from broadsides in the Douce collection in the Bodleian and belong 
to the reign of George I. 

The first of the three, like 'James the Rover' printed on 
p. 138 of the last number of this Review, celebrates the birthday 
of the Prince. The second verse is evidently inspired by verse 
two of ' Sally in Our Alley,' and it was doubtless sung to the 
same tune. The second ballad illustrates one of the favourite 
popular jests against the Hanoverian kings. The turnip, intro- 
duced into England from Hanover, was satirically treated as the 
characteristic if not the sole product of the electorate, and the 
favourite diet of its rulers. This may be further illustrated by a 
caricature, viz. ' The Hanover Turnip-man Come Again,' number 
2578 in the British Museum Catalogue of Satirical Prints. The 
date of this ballad can be determined by the last verse but one. 
Melusina von Schulenburg, the mistress of George I., was created 
Duchess of Munster, June 26, 1716, and Duchess of Kendal, 
March 19, 1719. Mr. Paul, whose fate is lamented in the third 
ballad, was William Paul, vicar of Orton-on-the-Hill in Leicester- 
shire, executed on July 13, 1716, for having joined the rebels at 
Preston. The Petition of Tyburn is easily dated. It was written 
not long after Lord Stanhope's elevation to the peerage (July 12, 
1717), and before his death (February 4, 1721). 

It is to be hoped that the enquiry suggested in Mr. Lang's 
interesting paper (S.H.R. viii. 132) will be further pursued, and 
that he, or some one inspired by him, will systematically go 
through Hogg's collection and test his texts. But in order to 
trace the history of Jacobite songs it will be necessary to collect 
also some of the earlier ones. Further, some Jacobite songs are 

252 C. H. Firth 

adaptations of popular songs. * The Royal Oak Tree,' which Mr. 
Lang prints in the last number (S.H.R. viii. 133), is an imitation 
of the song on ' The Mulberry Tree ' planted by Shakespeare, 
which was composed for the Shakespearean Jubilee of 1769. The 
chorus of ' The Royal Oak Tree ' is almost a repetition of that of 
the earlier song : 

4 All shall yield to the mulberry tree, 
Bend to thee 
Blest mulberry; 
Matchless was he 
Who planted thee, 
And thou like him immortal be.' 

It is perhaps worth noting that ' The Birthday Ode,' printed in 
' The Loyalists' Song ' (S.H.R. viii. 135) of the last number, may 
also be found in The Lyon in Mourning^ vol. iii. p. 288, 
where it is headed ' By a friend meditating in bed betwixt 3 and 4 
o'clock morning, Tuesday, September 21, the birthday of the 
Queen of Hearts, 1773.' At the end there is the following note : 
' N.B. A copy of this was transmitted to John Farquharson of 
Aldlerg, who, in return, said he would send it to the lovely pair.' 
An account of its reception is given on p. 317 of the same 



Of all Days in the Year 

I dearly love but one day, 
That day is, the Tenth of June, 

Which happen'd on a Munday. 
In my best Cloathes with my white Rose 

I'll drink a health to J m y 
Who is our true and lawful K g ; 

I hope ere long he'll see me. 

Old H[anover] does Turnips sell 

And through the streets do[es] cry them; 
Young Noodle leads about the Ass 

To such as please to buy them ; 
Such Folks as these can never be 

Com par 'd to Royal J m y, 
Who is our true and lawful King ; 

I hope ere long he'll see me. 

Jacobite Songs 253 

Potatoes are a Dainty Dish, 

And Turnips now are springing, 
When J m s our K g does come home, 

We will set the Bells a-ringing. 
We'll take the old Whelp by the Snout 

And lead him down to Dover, 
Then pop him in his Leathern Boat 

And send him to H n r. 

The British Lyon then shall Tear 

The Found red Horse of B[ru]n[swic]k, 
And G ge for want of better Nagg 

Shall ride upon a Broomstick. 
Such hags as those in Cavalcade 

Shall carry down to Dover, 

And ship 'em for H n r. 

To the Tune of y i A Begging we will go,' etc. 

I am a Turnip Ho-er, 

As good as ever ho'd ; 
I have hoed from my Cradle, 
And reap'd where I ne'er sow'd. 

And a Ho-ing I will go, etc. 
For my Turnips I must Hoe. 

With a Hoe for myself, 

And another for my Son ; 
A Third too for my Wife 

But Wives I've two, or None. 

And a Ho-ing we will go, etc. 

At Brunswick and Hanover 
I learned the Ho-ing Trade; 

From thence I came to England, where 
A strange Hoe I have made. 

And a Ho-ing we will go, etc. 

I've pillag'd Town and Country round, 
And no Man durst say, No ; 

I've lop'd off Heads, like Turnip-tops, 
Made England cry, High ! Ho ! 

And a Ho-ing I will go, etc. 

Of all Trades in my Country, 
A Hoer is the Best ; 

254 C. H. Firth 

For when his Turnips he has ho'd, 
On a Turnip he can Feast. 

And a Ho-ing I will go, etc. 

A Turnip once, we read, was 

A Present for a Prince ; 
And all the German Princes have 

Ho'd Turnips ever since. 

And a Ho-ing I will go, etc. 

Let Trumpets cheer the Soldier, 
And Fiddles charm the Beau ; 

But sure 'tis much more Princely, to 
Cry ' Turnips, Turnips, Ho ' ! 

And a Ho-ing I will go, etc. 

With Iron-headed Hoes, let 
Dull Britons Hoe their Corn : 

But of all Hoes, give me a Hoe, 
For Turnips, tip'd with Horn. 

And a Ho-ing I will go, etc. 

If Britons will be Britons still, 

And horny Heads affront ; 
I'll carry Home both Heads and Horns, 

And Hoe where I was wont. 

And a Ho-ing I will go, etc. 

To Hannover I'll go, I'll go, 

And there I'll mery be ; 
With a good Hoe in my right Hand, 

And Munster on my Knee. 

And a Ho-ing I will go, etc. 

Come on, my Turks and Germans, 

Pack up, pack up, and go, 
Let J s take his Scepter, 

So I can have my Hoe. 

And a Ho-ing we will go, etc. 


The Man that fell by Faction's Strife, 
In Mournful Notes I Sing ; 

Who bravely Sacrific'd his Life, 
To serve his Church and King. 

A Subject, Priest, and Patriot he, 
For Church, King, Country brave ; 

Jacobite Songs 255 

Chose rather thus to Murder'd be, 
Than see their Rights Enslav'd. 

He strove for their Invaded State, 

From Brunswick's curst Arrival ; 
Who proves their Emblem of ill Fate, 

In Noll's and Will's Revival. 

Behold I touch the Mournful Lyre, 

Whose gentle Strings Impart, 
(As first my Grief did them inspire) 

Their Trembling to my Heart. 

My Muse, all wreath'd in baleful Yew, 

No Laurel Green shall wear ; 
Thus is England's falling Church to me, 

Whilst Whiggs the Triumph bear. 

Townshend and Wake that drew him in, 

His Errors to recall ; 
Now like malicious Serpents, grin, 

And Triumph in his Fall. 

Deceit may Townshend's Nature be ; 

' In Wake, 'tis Gain's Creation, 
'Cause, like the Crown, his Holy See, 
Is but an Usurpation. 

Tho' Paul in Fear did thus Recant, 

Having his King deny'd ; 
Like Peter, he return'd the Saint, 

And an Apostle Dy'd. 

And tho' Abjuring Oaths he took, 

To our Usurping Tarter ; 
Like Saul the Cause he thus forsook, 

To be like Paul the Martyr. 

His Dying Words with Truth did Shine ; 

Himself, he did desire, 
Should be his Monumental Shrine, 

On every Church's Spire. 

From thence, tho' Dead, he'd still relate, 

For Faith his Life Surrender ; 
By Mercy of its Guardian State, 

And Merciful Defender. 

And if the Sun had chanc'd to taint, 

And chang'd him Black to view ; 
Still their dark Deeds he'd Represent, 

In Ecciesiastick Hue. 

256 C. H. Firth 

His Arch the Skies had then become, 
Stars deckt him with their Train, 

And Air had been his Sacred Tomb, 
Embalm'd in Tears of Rain. 

His Death, as we a Glory own, 

Whiggs love to Church is reckon'd ; 

Whilst he shall by the Style be known, 
Of Great St. Paul his Second. 

To the Tune of, l Which no Body can deny.' 

To you, German Sir, a Petition I bring, 

Tho' I, Heav'ns know, am a poor wooden Thing, 

And you're but a poor wooden Tool, call'd a King, 

Which no Body can deny, etc. 

My Name it is Tyburn, let not that alarm ye, 

For Cause there is good you shou'd do somewhat for me, 

Since I've slain you more Foes than your whole Standing Army. 

Now, 'tis no great Matter for which I do sue, 

For my whole and my sole Application to you, 

Is for nothing but what has long since been my due. 

Your Gen'rals I claim, whether old Ones or New, 

Those that wear your Green Ribbands, and those that wear Blue, 

For I've a String better than either o' th' Two. 

Old Marlborough first, that renown'd Treason-monger, 
I demand as the fittest to lead up the Throng there, 
He has cheated me long, but shall cheat me no longer. 

Nor let it be deem'd any Shame to his Race, 

For so high-born a Peer to be brought to this Place, 

For I've had many better Men here than his Grace. 

Your Aylmers and Byngs, and your Admirals round, 
Are destin'd by Fate, all to die on dry Ground, 
For not a Man of 'em all was born to be drown'd. 

Your new-lorded Stanhope to my Quarters send, 
Who looks not i' the Face either of Foe or of Friend, 
For he'd rather by half they would shew t'other end. 

There's Townshend and Walpole, those Birds of a Feather, 

Who side with both Parties, yet care not for either, 

As they've done all their Lives, let 'em now hang together. 

Jacobite Songs 257 

Old Sunderland's Son is a man of great Fire, 

And therefore I'll tie him a Knot or two higher, 

He shall pay off his own Scores, and those of his Sire. 

Send Cowper to me, and I'll soon put him out 
Of all manner of Pain, be it Pox, Stone, or Gout, 
As sure as his Brother did poor Sarah Stout. 

Without Bail or Mainprize your Chief Justice dispatch, 
To my Trusty and Well-belov'd Cousin, 'Squire Ketch, 
As he stretches the Law, a Hempcord let him stretch. 

To my Brother in Ireland, o' th' same Occupation, 

I'll give Lord Cadogan a Recommendation, 

For his Grandsire's sake (once Jack Ketch o' th' Nation). 

To Pelham, that blust'ring Head of the Many, 
I've nothing to say, but shall leave the poor Zany 
For's own Mob to knock out his Brains, if h'as any. 

Those Episcopal Fathers of Presbyter Strain, 

Who are fed by the Church, yet its Altars prophane, 

I'll consign to my Chaplain, the good Paul Lorrain. 

As concerning your Germans there needs no harranguing, 

But what I beg is, that you'd send 'em all ganging 

To the Place whence they came, for they're hardly worth hanging. 

For hating the Prince, you unnatural Elf, 

For kicking him out, like no Son of a Guelph : 

For all these good Reasons, pray go hang up your Self! 

' Do but grant this Petition, and God save the King ! 

* While I stand on three Legs, I'll sing, hey ding a ding, 

* For I've got all the World, when I've You in a String.' 

The Scottish Islands in the Diocese of Sodor 

TWENTY-ONE years ago Mr. A. W. Moore, the late Speaker 
of the House of Keys, published in the English Historical 
Review 1 a bull of Pope Gregory IX. of 3Oth July, 1231, 
enumerating the possessions of the Bishop of Sodor. It is well- 
known that the names of foreign places often appear in strange 
disguises when transcribed by the clerks of the papal chancery ; 
and in this particular instance new elements of distortion have 
been introduced by the facts that the document is only preserved 
in a modern copy belonging to the Bishop of Sodor and Man, 
which was made by an ignorant scribe about 1600, and that this 
copy is badly torn. Still, it has been possible to restore a 
coherent text with but few lacunae, and of these only two affect 
the place-names to which it is the object of the present paper to 
call attention. 

The document runs as follows : 

Gregorius 2 episcopus, servus servorum Dei, venerabili fratri Simoni, 
episcopo 3 Sodorensi, 4 suisque successoribus canonice substituendis 6 [In 

In eminent! 6 apostolicae scdis specula, 7 licet 8 immeriti, disponente 
Domino, constituti, fratres nostros episcopos, 9 tarn propinquos, quam longe 

1 Vol. v. 101-107, 1890. 

2 In the following text, words and letters which are missing in the original owing 
to the mutilated condition of the manuscript are supplied within square brackets. 
Additions which have nothing to correspond to them in the original are further 
distinguished by italic type, as [In perpetuum]. In the manuscript, diphthongs, 
when not occurring in an abbreviated syllable, are generally expressed by the 
simple vowel. I have made a few alterations in the text from that printed in 
1 890, for which my friend Mr. W. H. Stevenson and I were jointly responsible. 
The form supplied in the Liber cancellariae apostolicae, edited by G. Erler (Leipzig, 
1888), has been of service in emending the document. 

*Eipco,MS. *Sodorenc\ MS.; and so throughout. *> Substitutis, MS. 

6 In iumentum, MS. "* Spectacula, MS. 

8 Licett, MS., and so throughout, but not invariably, in the cases of ett,fueritt t 
interveniatty liceatt, nequiveritt, poteritt, prasumatt, suatt, utt, veil, &c. 

9 Epischopos, MS. ; the ch appearing wherever the word episcopus or archiepiscopus 
is written in full. 

The Diocese of Sodor 259 

positos, 10 fraterna debemus charitate diligere, et ecclesiis ll sibi a Deo corn- 
missis pastorali solicitudine 12 providere. Quocirca, venerabilis frater in 
Christo episcope, 13 tuis iustis postulationibus \clementer annuimus}^ et ecclesiam 
cathedralem sancti Garmani Sodorensis in insula Euboniae (iam Manniae) 
vocata, cui, auctore Deo, praeesse dignosceris, sub beati Petri et nostra pro- 
tectione suscipimus, 14 et praesentis scripti 16 privilegio communimus ; l6 
statuentes, ut quascunque 17 possessiones, quaecunque bona eadem ecclesia in 
praesentiarum iuste 18 et canonice possidet, aut in futurum concessione 
pontificum, largitione regum, principum, vel dominorum, oblatione fidelium, 
seu aliis iustis modis, praestante Domino, poterit adip[/]sci, firma tibi tuisque 
successoribus et illibata permaneant. In quibus haec propriis duximus ex- 
perimenda vocabulis : locum ipsum Holme, Sodor, vel Pile vocatum, in 
qu[o] praefata cathedralis ecclesia sita est, et ecclesiam sancti Patricii de 
Insula, cum omnibus et singulis ecclesiarum praedictarum commoditatibus, 
libertatib[us], pertin[entiisque~\ 19 pleno iure spectantibus ; tertiamque 
pattern omnium decimarum de omnibus ecclesiis in praedicta insula Euboniae 
vel Manniae constitutis, et de Bothe, de Aran, de Eya, de He, de lurye, de 
Scarpey, de Elath, de Col[vansey], de Muley, de Chorhye, de Cole, de 
Ege, de Skey, de Carrey, de R[ . . . ], et de Howas, de insulis Alne, de 
Swostersey et episcoporum h[ . . . ] ; ac etiam terras in insula praedicta, 
videlicet et de Holmetowen, [de] Glenfaba, 20 de Fotysdeyn, de Bally- 
more, de Brottby, de baculo sanc[ti] Patricii, 21 de Knokcrolcer, de Ballicure, 
de Ballibruste, 22 de Jourbye, [de] Ballicaine, 23 de Ramsey ; terras etiam 
ecclesiae sanctae 24 Trinitatis in Leay[re], sanctae Mariae 25 de Ballalaughe, 
sancti Maughaldi, et sancti Michaelis adiacentes ; 26 et terras sancti Bradani 27 
et de Kyrkbye, de Kyrkemarona, de Colusshill, terramque sancti Columbae 28 
Herbery vocatam. Ad haec, cimiteria ecclesiarum et ecclesiastica beneficia 
nullus iure hereditario possideat ; quod si quis praesumpserit, censura ecclesi- 
astica vel canonica compescatur. 29 Praeterea, 30 quod communi assensu 
capituli 31 tui, vel partis concilii sanioris, in tua dioecesi 32 per te vel per 
successores tuos fuerit canonice institutum, ratum et firmum volumus per- 
manere. Prohibemus insuper, ne excommunicatos vel interdictos ad officium 
vel communionem ecclesiasticam sine conscientia et consensu tuo quisquam 33 
admittat, aut 34 contra sententiam \tuam\ canonice promulgatam aliquis venire 
praesumat, nisi forte periculum mortis immineat, aut 35 dum praesentiam 
tuam habere nequiverit, per alium secundum formam ecclesiae satisfactione 
praemissa oporteat ligatum 36 absolvi. Sacrorum quoque 37 canonum auctori- 
tatem sequentes ^ statuimus, ut nullus episcopus vel archiepiscopus, absque 

l Positas, MS. u Eccletiis, MS., and so throughout ; but ecclesiastica. 

Solisitudine, MS. Epo, MS. 14 Suscepimus, MS. Script, MS. 

l6 Comunius, MS. 17 Quecunyue, MS. lusti, MS. ig fim, MS. 

20 G/w*&, MS. n-Patracii, MS. BaWbrushe, MS. 

23 Ballicaime, MS. 24 Eccletiam sanctam, MS. 25 Sane 'tarn Mariam, MS. 

26 Adiacentis, MS. 27 Bradarni, MS. 28 Columba, MS. 

** Comprestat, MS. ** Pretoria, MS. ^Capitali, MS. 

zz Dioctcis, MS. ; where the word is always spelled with c in the last syllable. 

83 Quisque, MS. 34 Ac, MS. 35 Ac, MS. 

36 Ligatum] gdtu, MS. 87 Sacrarorumque, MS. 88 Seyuentis, MS. 

260 Reginald L. Poole 

Sodorensis episcopi consensu, 39 conventus celebrare, causas etiam 40 vel 
ecclesiastica negotia in Sodoren[w] dioecesi, nisi 41 per Romanum pontificem 
vcl [eiui] legatum fuerit eidem ini[unc]tum, tractare praesumat ; in ecclesiis 
quoque Sodorensis dioecesis, quae ad ali[os] pleno 42 iure non pertinent, 43 
nullum clericum instituere vel destituere vel sacerdotem proficere 44 sine con- 
sensu dioecesani praesumat. Statuimus etiam, ut in electionibus episcoporum 
successorum tuorum nulla vis, nulla potentia regis vel principis interveniat ; 
nee in praemissione episcoporum quisque officium praelationis ecclesiasticae 
obtineat, sed ille vacanti praeficiatur ecclesiae quem illi, ad quos electio de 
iure pertinere dignoscitur, scientia et moribus iudicaveri[]t aptiorem, forma 
canon ica in electione servata. Clericos etiam et tenentes tuos tuae 46 dioe- 
cesis debite volentes libertate gaudere districtius prohibemus, ne rex vel 
princeps aut dominus eos exactionibus indebitis aggravare praesumat. 

Decernimus ^ ergo, ut nulli omnino 47 hominum liceat praefatam ecclesiam 
temere perturbare, aut eius possessiones vel libertates auferre, vel ablatas 
retinere, minuere, seu quibuslibet vexationibus fatigare, sed omnia integra 
conserventur eorum pro quorum \_sustentatione ei\ gubernatione concessa 
sunt, usibus omnimodis profutura, 48 salva sedis apostolicae auctoritate. Si 
qua igitur in futurum ecclesiastica secularisve persona, hanc nostrae constitu- 
tionis paginam sciens, contra earn temere venire temptaverit, secundo 
tertiove commonita, nisi 49 reatum suum congrua satisfactione correxerit, 
potestatis et honoris sui careat dignitate, rea[w]que se divino iudicio 60 
existere de perpetrata in[/]quitate cognoscat, et a sacratissimo corpore et 
sanguine Dei et Domini Redemptoris nostri lesu 61 Christi aliena fiat, atque 
in extreme examine districtae subiaceat ultioni. Cunctis autem [<?]idem 
loco suo iura servantibus, sit pax Domini 52 nostri lesu Christi, quatenus et 63 
hie 64 fructum bonae actionis percipiant 65 et apud districtum ludicem 
praemium aeternae pacis invenia[]t. Amen. 66 

Datum Reatas, 67 tertio kalendas Augusti, Indictione quarta, incarnationis 
Dominicae anno millesimo M cc xxxi et pontificatus nostri anno quinto. 59 

The bull deals first with the site of the bishopric ; secondly 
with the bishop's third of all tithes in the Isle of Man and in a 
number of islands named ; and thirdly with a series of properties 
in the Isle of Man. All the places in the Isle of Man except 
Fotysdeyn and Colusshill were identified by Mr. Moore, but he 
did not profess to examine very closely the names of the Scottish 
islands which lay outside his immediate line of interest. The 
lands in the Isle of Man are enumerated in a promiscuous order 

^Concenstt, MS. ^ Eccletiam, MS. 41 Nisi] nuper, MS. ^Plene, MS. 
** Pertineantt, MS. ** Projicere, MS. 4 *T&c, MS. * Secrevimus, MS. 

47 Omnino] amb (?), MS. MS. inserts et. * 9 Nisi] in, MS. 

**Domo iuditio, MS. /*/, MS. **Dei, MS. 53 [///, MS. 

54 MS. adds in. 55 Principiant, MS. 56 Amen\ anno. MS. 

57 Romae, MS. 58 Millecimo, MS. 

59 The bull is endorsed in the handwriting of Bishop Wilson : ' Popes Bull 
granted to the Bishop for his Thirds, &c. in this Island, &c. Anno 1231.' 

The Diocese of Sodor 261 

without regard to their geographical relations ; and Mr. Moore 
seems to have thought that the Western Isles were similarly 
unarranged, for he conjectured ' Eya,' which is mentioned between 
' Aran ' and ' He,' to be lona. 60 I venture, however, to hold that 
the document starts at any rate with a nearly regular enumeration 
of the islands following the coast as near as may be from south 
to north. Thus we have Bothe (Bute), Aran (Arran), Eya 
(Gigha), Ik (Islay), Jurye (Jura), Scarpey (Scarba), Elath (Elach- 
nave, the southern of the Garvelach group), 61 Co/\vansey] (Colon- 
say), Muley (Mull), Chorhye (apparently Tiree), Cole (Col), Egc 
(Eigg), Skey, Carrey (Canna), [...] (Rum). Of these the 
identification of Chorhye with Tiree alone presents difficulties, 
though it is possible if hardly probable that the initial R may 
indicate Raasey rather than Rum. The remaining four names on 
the other hand are an enigma, 

de Howas, de insulis Alne, de Swostersey, et episcoporum h[. . . ]. 

These should naturally designate the Hebrides ; but I leave to 
scholars more skilled in Scottish nomenclature than I can profess 
to be, to expound the true names which are here concealed 
through a double process of mistranscription. 


[The Editor has shown proofs of the above paper to two or three 
contributors to the Scottish Historical Review^ and has received the follow- 
ing notes : 

Dr. Maitland Thomson says, It is indeed a pity that so interesting a 
document is preserved only in so corrupt a form. 

It seems to me that your learned correspondent's identifications may well 
be accepted up to ' Skey ' inclusive, which is as much as to accept his theory 
that the islands are arranged in fairly regular geographical order. If that is 
so, one would expect, after Skye, the ' Long Island,' that is (according to 
the medieval nomenclature) Barra, Uist and Lewis ; Benbecula being 
reckoned part of Uist and Harris of Lewis. 

I therefore suggest that Barra, ' the Barey of the Sagas,' has been mis- 
copied Carrey ; and that Howas is miswritten for Liowns, Lewis (' the 
Ljodthhus of the Sagas') ; the lost intermediate word would be Uist, in the 
Sagas luist, which it would not be difficult to miscopy into Ruist. 

60 Dr. James Wilson and Sir Archibald Lawrie kindly point out that lona was 
entirely unconnected with the See of Sodor, being under the immediate jurisdiction 
of the Pope. 

61 Cf. C. Innes, Origins parochiaks Scotiae, ii. (1854), 277. 

262 Reginald L. Poole 

But if that is so, the three remaining names must be an odd lot, and 
topographical situation no guide to their identification. So it is difficult to 
frame any guesses which are better than any other guesses. Alne is not 
far from Ufoa ; Swostersey looks very Norse if it can mean Sister's Isle, it 
may be Inchkenneth, which seems to have been the chief possession of the 
Nuns of lona. The remaining insula episcoporum h may be lona if any 
reason can be given for giving it that name but I hardly think it was ever 
a Bishop's seat (except casually in Celtic times) till the final division of the 
Scottish and English Sees of Sodor. It is to be observed that in the Sixteenth 
Century Rental of the Bishopric of the Isles (in Collectanea de Rebus 
Albanicis] it is expressly noted that the Bishop had not a third of the 
parsonage of Icolmkill, and this privilege may be very ancient. 

Sir Archibald Lawrie says, It is, I think, certain that the Kings of 
Norway in the eleventh and twelfth centuries claimed every one of the 
islands on the West Coast of Scotland. 

The tradition was that King Magnus in 1098, to add to the number of 
his possessions, sat in a boat which was dragged across the isthmus of 
Tarbert to prove that Kintyre was an island. 

The Kings of Norway in the next century recognised the power of the 
Kings of the Isles, and in 1166, when King Henry II. of England met 
King William of Scotland at Mont St. Michel, there came there the 
Bishop of Man and the Isles, who told Robert de Torigneio (then the 
Abbot of St. Michel) that the King of the Isles held Man and thirty-one 
other islands under the King of Norway on condition of paying on the 
accession of each King of Norway ten marks of gold. 62 

An interesting question is whether lona was one of the islands held by 
the King of the Isles under Norway and whether the Bishop of Man 
and the Isles had any episcopal rights or derived any revenue from the 
church of lona. 

It is probable that the Kings of Norway claimed lona and that the Bishop 
of Trondhjem and afterwards the Kings and Bishops of Man pretended that 
it lay within their diocese and jurisdiction, but it is almost certain that such 
a claim was not acknowledged. The old church of lona was closely 
connected with Ireland, and as late as 1164 the Annals of Ulster record 
an event which Haddan and Stubbs describe as an ineffectual attempt to 
reunite lona and the Irish church. 63 

The meaning of the passage is not clear to me, but it seems certain that 
the churchmen of lona looked to Ireland and not to Man as the seat of 
ecclesiastical authority. 

In addition to claims by the Irish church and by the Bishop of Man 
there was a claim by the Bishop of Dunkeld, a Bishopric which long 
asserted interests and rights in the church of lona. 

Towards the end of the twelfth century King William granted to the 
Abbey of Holyrood the churches in Galloway on the mainland of Scotland 

62 Robert de Torigneio, Rolls Ed. vol. iv. p. 228. 

63 Haddan and Stubbs, v.a. 2, p. 235 ; Chron. Picts and Scots, p. 372 ; dnnals of 
Malcolm and William, p. 89. 

The Diocese of Sodor 263 

which had belonged to the church of lona, and about the same time a new 
Cluniac monastery and nunnery were founded in lona. 

In this competition for episcopal jurisdiction over it the Abbots of lona 
were recognised by the Pope as exempt from episcopal supervision and as 
owing subjection to Rome only. 

During the War of Independence in the beginning of the fourteenth 
century the Scottish king created a new Bishopric of the Isles apart from 
that of Man. 

Years afterwards, to make a revenue for the Bishop of the Isles, the office 
of Abbot of lona was practically suppressed, the Bishop was made the 
commendator, the two prelacies remained combined till the Reformation. 
The Abbey Church of lona became the Cathedral of the diocese of the 
Isles. Before that (if the Bishop had a cathedral) it was the Church of 

In 1561 it is recorded that while the Bishop of the Isles had a third of 
many benefices in the Isles which had belonged to lona, he had not a third 
of Icolumkil, the revenue of that benefice belonged to him as Abbot or 
Commendator, not as Bishop. 

The Rev. Principal Lindsay writes, May not Howas be Howse, which 
was the name of the chief parish in South Uist in 1594? Mr. Donald 
Monro, High Dean of the Isles, who travelled through the Hebrides in 
1594, in his Description of the Western hies refers to Howse under Island 

Might not Swostersey be Wattersay, the southmost of the two clusters 
of islands which were said to belong to the Bishop of lona, one called 
the Bishop's Isles consisting of several small islands on the east and south 
of Barra, and the other nine islands surrounding Skye on the north and 
west sides ? Of these Wattersay was the southmost of the second of these 
two groups. See also Suilskeray, No. 209, in Monro's list of Islands. 

Can Elath be Veliche, Island No. 17 in Monro's list, where it is 
described as * Niarest the iyle of Skarbay layes any iyle, called in Erish 
Elian Veliche, unto the northeist ' ? 

The Editor would be glad to receive any suggestions which may throw 
light on the points raised by Mr. Reginald Poole.] 

Scottish Burgh Records 

THE Scottish commonwealth has been well served by the 
archivists who have with such diligence and success 
given themselves to the transliteration of burghal records, with 
a determined will 

To ken all the crafte how the case felle 
By lookyng of letters that left were of old. 

It was in 1868 that the first volume of the Burgh Records 
Society's publications appeared under the editorship of Professor 
Cosmo Innes. Sir James Marwiclc was for nearly forty years 
editorially identified with the volumes of this invaluable series, 
and since his death the transition has only by degrees been 
made to Mr. Renwick, who has proved himself a most loyal 
literary executor and the only possible successor to Sir James. 
The association of the two was a happy circumstance for the 
Society. So much depends on the intimate knowledge of the 
records dealt with that the archivist's share in the product 

Extracts from the Records of the Burgh of Glasgow, A.D. 1691-1717. [Edited 
by the late Sir James D. Marwick, LL.D., and Robert Renwick.] Cr. 410. 
Pp. xvii, 719. Glasgow : Printed for the Scottish Burgh Records Society, 1908. 

The River Clyde and the Clyde Burghs. The City of Glasgow and its Old Relations 
with Rutherglen, Renfrew, Paisley, Dumbarton, Port-Glasgow, Greenock, Rothesay, and 
Irvine. By the late Sir James D. Marwick, LL.D. Cr. 410. Pp. x, 254. 
Glasgow, 1909. 

Edinburgh Guilds and Crafts : A Sketch of the History of Burgess-ship, Guild-brother- 
hood, and Member ship of Crafts in the City. By the late Sir James D. Marwick, LL.D. 
Cr. 410. Pp. vii, 258. Edinburgh, 1909. 

Extracts from the Records of the Burgh of Glasgow, 1718-38: with Charters and 
other Documents, 1708-38. [Edited by Robert Renwick.] Cr. 410. Pp. xxx, 621. 
Glasgow, 1909. 

The Ancient Laws and Customs of the Burghs of Scotland. Vol. II., 1424-1707. 
[Edited by Robert Renwick.] Cr. 410. Pp. xxxi, 195. Edinburgh, 1910. 

Extracts from the Records of the Burgh of Peebles, 1652-1714. With appendix, 
1367-1665. [Edited by Robert Renwick.] Pp. xxiii, 235. Glasgow, 1910. 

Scottish Burgh Records 265 

includes the selection of the matter, and is the chief element 
in shaping the editorial narrative and commentary. 

The vast increase in knowledge of Glasgow's history must 
be credited, it goes without saying, to Mr. Renwick, whose 
Glasgow Protocols, not second to the Burgh Record volumes 
themselves, are a quarry of precise local topography and 
biography of the sixteenth century such as scarcely any city 
in the United Kingdom can rival. 

The preface to the Extracts from Glasgow Records \ 1691-1717, 
begins with an emphatic recognition and homage. * In one 
capacity or another,' says Mr. Renwick, ' I have had the great 
privilege of being associated with Sir James Marwick in the 
work of the Society since its formation, and having been 
specially conjoined with him in the preparation of this volume, 
the loss of my revered friend, the memory of whose unfailing 
kindness to myself must ever remain with me a treasured 
possession, has laid on me the duty of completing the book.' 

During the period covered by the selection of Extracts the 
Union of 1707 and the Jacobite rising of 1715 were the great 
public facts of history. Yet it is significant of burghal life and 
record that neither event engrosses much attention in the pro- 
ceedings of the town council. In 1706 the tumult caused by 
the anti-Union populace stoning the council-house led to a 
proclamation by tuck of drum for the mustering in arms of 
* the haill fencible men of this burgh ' to put down any 
disturbance. A detachment of troops from Edinburgh settled 
the rioters, but the incident, which bulks so largely in Defoe, is 
not recorded in the town's minutes at all. 

The community was divided about the Union. On the 
Jacobite question in 1715, on the other hand, there was no 
division. Glasgow stood firm by the house of Hanover, 
sending assurances of loyalty to King George in the face * of a 
designed invasion from abroad in favour of a Papal Pretender 
and of the preparations of a restless Papal and Jacobite faction 
at home for subverting our happy constitution in church and 
state.' The city further sent 500 of its militia to recruit the 
royal forces. Other reminiscences of * this tyme of common 
danger' appear in the pious and partly executed purpose 
whereby 'the toun should be put in a better posture of 
defence by drawing lynes of entrinchment about the toun in 
case of ane attack,' and in the confinement of 353 * rebell 
prisoners' under guard in the castle prison in December, 1715. 

266 Geo. Neilson 

A highly interesting ' accompt of the extraordinary charge 
and expenses' from July, 1715, until October, 1716, details the 
carriage of ' great guns/ the powder horns for priming them, 
the cartridge boxes, the leaden cannon balls, the messages sent 
to raise the alarm or to bring ' accounts of the Pretender,' the 
hire of horses, the building of barricades of stone, * divets,' 
up-cast earth and timber, and a mighty digging of trenches by 
militiamen and colliers cheered at their work by liberal allowance 
of drink. Barricades and trenches at Gallowgate, Glasshouse, 
Cowloan, and St. Tennoch's Bridge, Buns Wynd, Rottenrow, 
Deneside, and the Merchants' Hospital are particularly mentioned. 
Extensive work at Kirkintilloch Bridge, too, shows that the scheme 
of defence was not limited to the city confines. Gunpowder (at a 
cost of over 1000), firelocks, bayonets, drums, halberts, and 'a 
feild carriage for a cannon for the toun ' are items of charge which 
attest that the city stood well to its guns. 

One adventure of interest before the rebellion broke out was 
the seizure, among innocent chests and barrels, in a boat at the 
Broomielaw, of 32 firelocks, 32 pistols, and 21 f speir bayonets' 
destined for ' nonjurors and disafected persons in the High- 
lands.' The thoroughgoing preparations made to repel the 
Pretender explain the unusual emphasis of the Act of Parlia- 
ment in 1716 granting to Glasgow a duty of two pence Scots 
per pint of ale and beer in recognition of the c most cordial 
and cheerful manner ' in which the city had acted in the crisis. 

The Extracts for 1718-38 cover two decades of much less 
public excitement in which the occurrences steadily grow more 
prosaic and find more modern phrases to record them. But 
there is still abundance of interest, and it is pleasant to note in 
the proceedings what Mr. Renwick calls * the advent of our 
earliest local historian.' In 1732 the minutes bear that 'John 
M'Ure, writter, has compiled a book intitled The Ancient and 
Moddern State of Glasgow which he is to cause print,' but his 
petition for a * gratification ' towards defraying his expenses 
seems to have proved ineffectual to evoke a money grant, not- 
withstanding his work being dedicated to the Provost, Town 
Council and Town Clerk. M'Ure guessed the population then 
to be 30,000, an estimate nearly doubling the figure Mr. Renwick 
thinks probable. 

There was progress in commerce, manufactories, and general 
industries, but it was slow. Political unrest can hardly have 
counted for much among the conditions that clogged advance. 

Scottish Burgh Records 267 

The malt tax riot, in which Shawfield House was sacked in 1725, 
was a symptom of discontent with the Union. A false alarm of 
Jacobite invasion in 1727 led to the drawing up of another fervid 
address of loyalty and unalterable adherence to his ' sacred 
Majesties person family and government.' At the heart of these 
records the purely local concerns continued dominant, but trading 
policy in general was watched with a very intelligent eye. Scottish 
rights in the tobacco traffic were jealously guarded, linen manu- 
facture was promoted, and the attention paid to the development 
of Port-Glasgow reveals both ambition and practical grasp in the 
business section of the city. 

Shipping with the Plantations of America had already, in 1723, 
reached dimensions respectable enough with '20 or 30 sail of 
ships every year laden with tobacco and sugar,' and in 1726 
Defoe reported ' near 50 sail of ships every year to Virginia, 
New England, and other English colonies in America.' A set of 
ordinances for Port-Glasgow harbour, provisions for its repair, 
* the strenth and decorement thereof,' and the building of a dry 
dock and a new quay, are as clear intimations of enterprise as 
the slightly earlier construction of another new quay at the 

Sir James Marwick's historical study of the Clyde and the 
Clyde burghs was printed in proof in 1906, but was still under 
revision at his death, and has been editorially completed and 
brought out by Mr. Renwick. A conspectus of burghal develop- 
ments on the firth, it is characterised by the familiar features of 
the veteran author's workmanship. It shows his persistent 
method of linking the facts with the minimum of general state- 
ment, his fidelity to the authorities duly cited for every paragraph, 
and his customary success in constructing a connected history 
which for its accuracy, fulness, and variety in matter of chronicle 
and fact must for long remain an authority and standard for 

The absence of colour and the toning down of quaint phrase 
and incident are deliberate. Sir James's choice was an unhesitat- 
ing preference to be a solid builder of facts rather than an artist 
in narrative or a historical painter. It is this quality, his unbend- 
ing cult of the authentic and his virtual contempt for the 
decorative region beyond, that makes the enduring value of his 
writings. He spared no pains to get his information, and his 
art was to rely on his truth as his abiding virtue. That Sir James 
never in his writing broke the calm of the plain historiographer, 

268 Geo. Neilson 

never showed himself, as he often was in his conversation, 
vehement and almost passionate in his argument or narrative, is 
perhaps a proof of his severe conception of the task of the 
historian and the restraint in which he kept his pen. 

To set Glasgow into its surroundings, burghally considered, 
was the purpose of a study which grouped, contrasted, compared, 
and analysed the ports of the Clyde. Rutherglen was a fully 
royal burgh under David I. So, perhaps, was Renfrew, but if so 
the dignity was lost by the grant to Walter, the first of the 
Stewarts, which made the burgh baronial only, so that not until 
1397 did Renfrew, by the charter of Robert III., acquire the full 
burghal status. 

Paisley, only made a burgh of barony in 1488, and then 
subject to the abbot as Glasgow was to the bishop, remained 
baronial until 1658. In that year an arrangement with the 
abbot's lay-successor as Superior, procured the granting of a 
Crown charter in 1665, which (in spite of objection by 
Dumbarton) gave it a tenure under the Prince and Steward of 
Scotland which was some degrees short of the dignity of a royal 
burgh, not even yet included among the many claims of Paisley 
to historical distinction. 

Dumbarton, which alone rivals Glasgow for institutional 
interest and for its importance in maritime annals, was chartered 
as a royal burgh about the year 1221, and long disputed the 
dominance of Glasgow over the Clyde. 

On the other hand, Port-Glasgow, on lands acquired by the 
city of Glasgow in 1668 for a harbour (whence its original name 
of Newport) began its separate life in 1690 under a Bailie of the 
Newport having the powers of a baron bailie appointed by and 
subject to the instructions of the magistrates of Glasgow ; and it 
was only in 1775 tnat Parliament gave it a police constitution, 
raised after the Reform Act to that of a Parliamentary burgh. 

Greenock came into existence as a baronial burgh in 1635 in 
the teeth of objection by both Glasgow and Dumbarton ; its 
magistrates were baron bailies ; it never was a royal burgh. 

Rothesay had its charter from King Robert III. in 1401, and 
its freedom as a royal burgh was confirmed by James VI. 

Irvine, created a burgh by Alexander II. and confirmed by 
Robert I. in 1322, was in early times used as the port of Glasgow, 
and as such was long in close commercial relationship with the city. 
These are the eight burghs with which Glasgow's interconnection 
is the subject of Sir James's study. Curiously enough the 

Scottish Burgh Records 269 

cathedral city itself, although vested with practically every 
liberty of a royal burgh long before, only reached full burghal 
status in 1611, and even then remained subject to reservation 
regarding the election of magistrates the last privilege of burghal 
autonomy finally granted only in 1690 by William and Mary, 
grateful for the part which Glasgow had played in furthering the 

Long before that, however, it had acquired a complete pre- 
eminence over all its neighbours, and become a centre of political, 
commercial, and manufacturing influence. This gradual growth 
is well shown by the combined annals which Sir James has 
compiled, tracing year by year and collating the progress or 
activities of each of the ports. Too chary of indicating general 
causes, he yet by the particular episodes illustrates the force 
of special features, whether of situation, equipment and resources, 
or of personal enterprise in the inhabitants, which after long 
struggle, against some by no means impotent rivalry, established 
the place of Glasgow as capital of the Clyde. 

For centuries Glasgow was well provided with grievances in the 
oppressive action of some one or other burgh. At first Rutherglen 
and Dumbarton pressed it hard, and all the court-influence of the 
bishops was needed to check claims of toll and infringements of 
exemptions on the river and at the markets. Renfrew took a 
hand in the game too, although obviously foredoomed to futility. 
Only one rival seems conceivable to us now, and we may still 
ask how the golden apple of mercantile and maritime supremacy 
fell to Glasgow and not to Dumbarton. Long the premier 
harbour of the west coast of Scotland, Dumbarton started with 
that high natural advantage in the race ; but it had only one side 
of the firth and stood on the edge of the mountains. Glasgow 
was in the plain, the river was fordable there, and great roads 
branched from it : later the bridge set it astride of the river ; 
it counted as a port in the beginnings of shipping, and the 
foresight and energy of its citizens enabled it by engineering 
science to redress the balance of nature against its inland site a 
work which extends back to the sixteenth century. The modern 
phase, however, began in 1759 with the first of the Clyde Trust 
acts ; the twenty-seventh act was about to be passed when the 
' Lusitania * was launched in 1906. 

If Sir James gives his emphasis to Glasgow he not less patiently 
traces the fortunes of the humbler burghs. Inveraray, raised to 
the rank of royal burgh in 1649, ^ s noticed among the others : 

270 Geo. Neilson 

the only one of ancient interest we miss in Sir James's survey is 
Tarbert, which Robert I. made a burgh, though its honours have 
not survived. Hamilton (burgh of barony in 1456, chartered as 
a royal burgh 1548) scarcely appears at all; its erection into a 
royal burgh was practically abortive, and it subsequently again 
accepted the inferior status of a burgh of regality. 

How Clyde shipping was affected by the development of the 
Plantations of America and the ocean traffic dating from that 
period, how the Navigation Acts operated, and how Glasgow 
ships played their part in the long duel with England in the 
seventeenth century over wool and linen smuggled to Holland or 
across the Atlantic these are matters of economic history which 
Sir James was reluctant to make his province. 

The work on Edinburgh Guilds and Crafts was printed more 
than thirty years ago, but was then left in proof, and makes its 
posthumous appearance under the editorial executorship of Mr. 
Renwick. It is an exhaustive sketch of the privileges and 
obligations of burgess-ship and guild brotherhood in Edinburgh, 
copious in authoritative quotations from the Town Council 
records. Seals of cause, the symbol of incorporation, came greatly 
into vogue in the last quarter of the fifteenth century. The 
Hatmakers received theirs from the Town Council in 1473, 
the Skinners in 1474, the Masons and Wrights in 1475, an< ^ ^ e 
Websters in 1476, followed by the Hammermen 1483, Fleshers 
1488, Coopers 1489, Waulkers and Tailors 1500, Surgeons 
and Barbers 1505, Cordiners 1510, and Candlemakers in 1517. 
The Baxters having lost their seal had it renewed in 1523. 

Certain guilds were specially associated with certain altars in 
the church of St. Giles, the altar of St. John being maintained by 
the Masons, that of St. Severane by the Websters, that of St. 
Mark by the Waulkers, that of St. Crispin by the Cordiners, 
and that of St. Ann by the Tailors. Indeed, the connection in 
Edinburgh between the crafts and the church are conspicuous 
enough to reflect light on the vexed question for the guild 
brotherhoods, whether the craft guilds as general institutions in 
Great Britain had not often their origin as church-guilds or 
associations of craftsmen united by their cult of a particular saint. 
As living and working organisations, of course, they were trade 
unions, very narrowly protectionist and exclusive, jealous and 
watchful against any encroachment, and tenacious of their 
privileges. Aristocracy and democracy are alike slow to surrender 
monopoly, and sometimes the reluctance has reason on its side. 

Scottish Burgh Records 271 

There is room here for only one quotation to show how, in 
1582, the booksellers, who were freemen of Edinburgh, petitioned 
for an order of council against an outsider. They showed, 
with all the eloquence of indignant ratepayers, 'that Thomas 
Vautrollier prenter beand ane straynger and unfrieman hes thir 
dyvers yeiris bygane be him selff and his servandis . . . toppitt 1 
and said vithin this burgh all maner of buikis in smallis 2 and 
lykwayes bindis the sam contrair to the priveleges of the burgh 
and to our intollerabill damnage quha hes na uther tred 
quhairby we and our famelies are sustenit he bering na charges 
whatever and we watcheing wairding and extenting at all tymes.' 
The application was successful ; the Council ordained the 
agent of the famous French printer * to desist and ceiss fra 
all topping and selling in smallis of ony maner of buikis in 
tymes coming.' 

Among other persons convicted of breaking the burgess oath, 
there appears in 1608 Master Robert Steven, who had taken 
up a Grammar School in the Canongate to the detriment of 
the High School belonging to the burgh. This distinguished 
offender (not unknown to these columns, see S.H.R. ii. 253), 
survived his fine, 'ane unlaw of 100 lib,' until 1618 when he 
died in Canongate, * Maister of ye grammer scoill thair.' It 
is impossible to close this notice of Sir James Marwick's treatise 
on Edinburgh guilds without marking it as a touching last link 
of his official association with that city, and of his zeal for its 
municipal history. 

The next volume now to be noticed is a second and com- 
plementary part of the first volume issued by the Scottish Burgh 
Records Society. Professor Cosmo Innes edited the ancient laws 
and customs of the burghs from 1124 until 1424. A volume in 
continuation was begun, but was left unfinished when Professor 
Innes died in 1874. Never resumed by Sir James Marwick, it 
has fallen to Mr. Renwick to complete. He has adopted the 
plan of the original volume, and the work consists of a series of 
excerpts from the record edition of the Acts of the Parliaments 
of Scotland. 

These excerpts embrace the entire statutes applicable to Scottish 
burghs from 1424 until 1707. Almost all of them are long 
ago repealed, but the few still in force rari nantes indeed are 

1 Toppit, broken bulk, so as to retail. 

2 In smalls, by retail, as opposed to 'in gross.' 

272 Geo. Neilson 

marked with an asterisk. The pitiful survivals thus seen in 
conjunction with the extinct enactments are truly creatures of 
a vanished world, although, as Mr. Renwick says, they ' illustrate 
the pleasing feature of continuity which pervades the worthier 
institutions of our country.' Prefixed to the text is a very 
short sketch of the legislative system as applied to burghs and 
trade privilege and the beginnings of foreign trade. 

One suggestive remark is made which touches the historical 
origin of the collective jurisdiction of the Four Burghs, famous as 
a distinctive organisation of early Scotland. Referring to this 
Court, which in early times was held at Haddington, and is 
regarded as the kernel from which was developed the Convention 
of Royal Burghs, Mr. Renwick states it as ' not improbable that 
the original organisation was partly of a military type, just 
as the early individual "burg" was a stronghold before it was 
transformed into a market town.' Hence, by analogy from 
the free hanse of burghs north of the Grampians, the 
Hanseatic league of the Baltic cities, and the far older Anglo- 
Danish confederation of the Five Boroughs in the Danelagh, 
he hazards the conjecture * that ancient Northumbria when the 
Forth was its northern boundary established its four chief 
strongholds in the north on a somewhat similar basis.' It is 
a speculation, to a great extent prehistoric, but as a conjecture 
will deserve consideration among the other clues to the enigma of 
the burghs. With this important suggestion, which is obviously 
influenced by recent discussions of the * garrison theory,' the 
Scottish Burgh Records Society in one of its last volumes may be 
said to return to the problem indicated as the motive of the first 
volume forty-two years ago, viz. ' to shew the origin of our 
Burghs and of the Burghal spirit.' And no one will dispute the 
learning and industry, fidelity and success with which the latest 
editor has interpreted the aims of the founders of the Society 
as expressed by Cosmo Innes not only to show those origins, 
but to follow and depict the effect of the institutions of the 
burghs ' on the morals and character, the taste, feeling and mode 
of life, of their people.' 

The Peebles Extracts are in more senses than one a tribute to 
the little border burgh. Not only does the volume show the 
Society returning to it, as a typical community, for the purpose 
of completing the earlier selection of extracts for 1165-1710, 
published in 1872. In the introduction Sir William Chambers 
said that that book * mainly owed its existence ' to Mr. Renwick. 

Scottish Burgh Records 273 

The new volume shows Mr. Renwick himself, after at least five 
other books devoted to his native county and to Peebles itself, 
returning to it once more. 

'Ille terrarum mihi praeter omnes 
Angulus ridet.' 

No wonder that the townsmen some years ago made an honorary 
freeman of one who has rendered such filial service and such 
faithful chronicle. The stones, the very dust of Peebles, are dear 
to him, and with patriotic zest he crushes the myth that it 
was reserved for David II., and not David I., to make Peebles a 
full and free royal burgh. When Mr. Renwick wants to settle a 
doubt and he has settled more than almost any historical 
student in Great Britain he has a way of resorting to an 
appendix for his pieces of justification. So, here, he prints 
(fortified by facsimile) the charter of 1367 which George 
Chalmers and William Chambers both vainly misread ; and no 
man will doubt any more, for David II. 's charter itself disproves 
the proposition which disparaged the certainty of Peebles having 
enjoyed the highest burghal antiquity. Another charter adds an 
unusual historical curiosity to the appendix ; it is the grant 
of the barony of Manor in Peeblesshire to Sir William Inglis 
in 1395, 'in reward of his notable deed namely the slaying 
of Thomas of Struthire an English knight whom he slew on the 
Borders in a duel in an action of infamy.' 

The town council records, which form the substance of the 
volume, cover the period from the Restoration to the Revolution, 
and nearly reach the '15. Naturally the preface glances retro- 
spectively at some of the burghal institutions touched upon. 
Peebles was still an essentially agricultural community, and 
the rights and regulations of common pasture, the mills, and the 
bridge were themes of town politics of great practical importance. 
Thus they claim attention in the preface along with such matters 
as the mode of electing provost and council, the incorporating 
of sundry crafts, and the friction between the schoolmaster 
who taught Latin and the school doctor who taught English. 
Peebles had a 'lord provost' in 1555; it spoke of its fair 
as existing ' thes mony aiges bygane ' ; it accepted incorpora- 
tion with the Commonwealth, and even a charter from the Lord 
Protector without ever naming Cromwell in its minutes ; it 
swore allegiance with enthusiasm to the returned Charles II. 
in 1 66 1 ; it prayed for William and Mary according to the 

274 Geo. Neilson 

Act in 1689 ; and its records betray no extravagant feeling over 
the Union of 1707. 

Internal affairs are the staple of the extracts. The days of 
border history were past ; the burgh appears to have made its 
last combatant stand in the abortive attempt to keep out 
Cromwell's army after the battle of Dunbar. The central 
interest is domestic. For Mr. Renwick, we suspect, Peebles 
holds undimmed its reputation for pleasure ; its alleged sepul- 
chral quiet he seems determined to disprove. At least there 
is no denying that the annals silently achieve that end, for brisk 
episodes abound. A ' witch's get ' is a term of abuse ; the 
education authority of the period imprisoning folk for ' not putting 
their children to the school ' are by a violent maid-servant declared 
to be nothing ' but mensworne rascalls' ; neighbours quarrelled 
with each other with the formula c I defye the, divell.' Once 
at least they went still further and defied the provost, for a 
burgess in 1667 upbraided that dignitary by ' saying he spoke not 
majestick lyke' an observation too heinous to atone for by a 
less fine than 40 merks plus incarceration ' during the provest's 
pleasur.' On occasion a provost's wife could be riotous against a 
burgess * pulling doun of his bonet after he had called her a 
brazen faced loun,' but much graver was the case when the 
provost himself was assaulted by ' dinging of his hatt and 
piriweig.' For this, James Sheill not only went to prison but 
paid a fine, and had his burgess ticket riven ' publictly att the 
cross ' in token of forfeiture of all his burgess privileges. 

The liveliness of Peebles otherwise is evinced by the frequency 
of morning drinks, and pints and gallons of ale to workmen, 
as e.g. ' quhen they lifted up the stipell bell to set her rycht,' 
by such freaks as that of the roisterer * ringing the fray bell,' 
by the c tua new lockis that was brokin be the mos-truperis upon 
the portis,' and by the grim necessities of a town's hangman, 
the scourging of thieves, the pillorying of resetters ' with ane 
paper on their heidis,' and the searching out of stranger unde- 
sirables. So far from dull was Peebles that the town officer 
himself got 'notoriously drunk' one night whereby the prisoners 
in the ' thieves' hole ' put fire to the doors and nearly set the 
town a-blaze. Death itself was only an excuse for prolonging 
such festivities, and in 1697 the council had to repress the 
abuses at wakes frequented by crowds, ' playing at cards, and 
drinking excessively, and swearing.' Pleasure even at Peebles 
had to be kept within reasonable bounds. 

Scottish Burgh Records 275 

One suggestive episode alluded to in the preface is a search 
for the town's papers after Cromwell's men had made free with 
the place. A small payment was made ' for two candle to 
look the writtes in the steiple efter the Inglesmen had spoyled 
the same.' Not small is the honour of Peebles that it has never 
wanted for lights of its own to see to its muniments. Scottish 
burghs in general have scarcely less signally profited by the 
unwearying service and unique learning of an honorary burgess 
of Peebles as their chief archivist and historiographer. 


Chronicle of Lanercost 1 

ON the following day, to wit, on the festival of S. Margaret, 
Virgin and Martyr, 2 he received at Carlisle Castle fealty 
and homage from nearly all the chief men of England, who were 
assembled there for the expedition to be made into 
5 7 ' Scotland, and was proclaimed king. Thus Edward 
the younger succeeded the elder, but in the same manner as 
Rehoboam succeeded Solomon, which his career and fate were to 
prove. Meanwhile, the obsequies and funeral rites of his father 
were being arranged, and when these were ready, the corpse 
was taken to Carlisle, and so on to the south, liberal offerings 
in money and in wax being made for it in those churches by 
which it passed, most of all in those where it rested for the 
night. The new king, and Antony Bek, Bishop of Durham 
(who had previously been ordained by the Pope Patriarch of 
Jerusalem), accompanied the corpse through several days' journey, 
together with the nobles of England and a great multitude of 
Secular and Regular clergy ; and afterwards the king returned 
to Carlisle to arrange for the expedition into Scotland ; and 
thither came to him first Patrick, Earl of Dunbar, and made 
homage and fealty to him. 

On the vigil of S. Peter ad Vincula 3 he moved his army into 
Scotland in order to receive homage and fealty from the Scots, 
as he had forewarned them, having summoned by his letters all 
the chief men of the country to appear before him at Dumfries, 
there to render him the service due. Afterwards he divided 
his army into three columns to search for the oft-mentioned 
Robert ; but, this time, as formerly, he was not to be found, so 
they returned empty-handed to England after certain guardians 
had been appointed in Scotland.* 

1 See Scottish Historical Review, vi. 13, 174, 281, 383 ; vii. 56, 160, 271, 377 ; 
viii. 22, 159. 

2 2oth July. 3 3 ist July. 

4 Aymer de Valence was appointed guardian of Scotland on 28th August, but 
he was superseded on 8th September by John de Bretagne, Earl of Richmond. 

Chronicle of Lanercost 277 

Meanwhile there came in great pomp to the king a certain 
knight of Gascony, Piers de Gaveston by name, whom my lord, 
the elder Edward, had exiled from the realm of England, and 
in accordance with the unanimous advice of parliament had caused 
solemnly to swear that he would never re-enter England ; this 
because of the improper familiarity which my lord Edward the 
younger entertained with him, speaking of him openly as his 
brother. To this fellow, coming by the new king's command to 
join him while he was still in Scotland, the king gave the noble 
earldom of Cornwall and the Isle of Man, and preferred him 
in affection to all the other nobles of the country, whether of his 
own kin or otherwise. When this was done, the whole of 
England murmured against the king, and was indignant against 
the aforesaid Piers. Moreover, the new king apprehended 
Walter de Langton, my lord Bishop of Chester, a man as worthy 
as any in the realm, who had been treasurer to his [Edward's] 
father until his death, and imprisoned him in Wallingford 
Castle. 1 He did this, as was alleged, because the said bishop 
had been prime mover in advising that the aforesaid Piers 
should be exiled from the realm in the time of his [Edward's] 
father. He also caused many other leading men, who had been 
with his father, to be dismissed from their offices, and viler and 
worse men to be appointed. Howbeit, he had some cause for 
punishing the bishop, because, as was said, he found in his 
possession more of the treasure which he had collected under 
his [Edward's] father than was in his father's treasury after his 

Later, after the [anniversary of the] death of S. Michael, 2 the 
king held his parliament at Northampton, and there confirmed 
the gift of the said earldom [of Cornwall], and allowed the 
bishop to remain in the aforesaid castle [of Wallingford], which 
was at that time the castle of Piers himself; and after the 
parliament he went to London with the clergy and people, and 
caused his father to be interred at Westminster among the kings ; 
for since the day of his death his body had been kept above 
ground in the abbey of Walsingham. 

While all these affairs were being transacted, Robert Bruce, 
with his brother Edward and many of his adherents, was moving 

In this may be traced the influence of Piers de Gaveston, no friend to de Valence, 
whom, because of his swarthy complexion, he nicknamed 'Joseph the Jew,' a 
term of special opprobrium in the fourteenth century. 

1 In Berkshire. 2 29th September. 

278 Sir Herbert Maxwell, Bart. 

through Scotland wherever he liked, in despite of the English 
guardians, and chiefly in Galloway, from which district he 
took tribute under agreement that it should be left in peace ; 
for they were unable to resist him because of the large number 
of the people who then adhered to him. 

About the same time died Friar William of Gainsborough, 
Bishop of Worcester, beyond the sea, when returning from 
the court of France, whither he had been sent to arrange the 
king's nuptials. He lies at Beauvais among the Minorite Friars. 
Almost all his household died there with him, whence it was 
believed that they had perished by poison. 

Later, about the feast of the chair of S. Peter, 1 the King of 
England sailed across to France, and with solemnity and great 
state married his wife Isabella, daughter of the King of France, 
at Boulogne, as had been arranged in the presence of her father 
and the leading men of that country, and of many from Eng- 
land. He brought her back to England, and was crowned in 
London. The people of the country and the leading men 
complained loudly at his coronation against the aforesaid Piers, 
and unanimously wished that he should be deprived of his 
earldom ; but this the king obstinately refused. The murmurs 
increased from day to day, and engrossed the lips and ears 
of all men, nor was there one who had a good word either for 
the king or for Piers. The chief men agreed unanimously 
in strongly demanding that Piers should be sent back into exile, 
foremost among them being the noble Earl of Lincoln and 
the young Earl of Gloucester, whose sister, however, Piers 
had received in marriage by the king's gift. 2 

About Easter 3 the king held a parliament, in which it was 

unanimously declared that the said Piers should be banished 

within fifteen days from all the lands which are under 

the King of England's dominion. Howbeit the king, 

though he gave verbal assent to this, did not in fact keep faith, 

any more than in some other things which he promised, and 

Piers remained in England. Wherefore about Pentecost the 

earls and barons, with horses and arms and a strong force, 

1 22nd February, 1307-8. 

2 Margaret de Clare, the king's niece, being daughter of his elder sister, Joan of 
Acre. The marriage took place on 1st November, 1307, although Walsingham 
says it was after Gaveston had been appointed Lord Lieutenant of Ireland, l6th 
June, 1308. 

3 1 4th April. 

Chronicle of Lanercost 279 

came to Northampton, where the king was staying at that time 
with the said Piers, and there at length it was arranged by 
force and fear that he should immediately be sent back into exile, 
in the manner aforesaid, and the Pope's excommunication was 
procured upon him in the event of his ever after re-entering 
England. But while it was decreed that he should embark at 
Dover and have an annuity for life of ^200 sterling for himself and 
jioo for his wife, if she were willing to leave the country 
with him, the king secretly caused him to sail to Ireland with 
his wife, furnishing him with letters to the effect that, wheresoever 
he should go within the lands of the King of England, he should 
be received with the glory and honour due to the person of 
the king himself. Also he gave him, as was said, such precious 
and valuable articles as he could find in his treasury, and also 
he gave him many charters sealed with his great seal, but in 
blank, whereon Piers might write whatever he chose ; and 
accordingly he was received in Ireland with great glory. 

In all these proceedings no one in the kingdom supported the 
king, except four persons, to wit, my lord Hugh le Despenser, 
baron, Sir Nicholas de Segrave, Sir William de Burford, and 
Sir William de Enge, against whom the earls and barons rose, 
demanding that they should be banished as deceivers of the king 
and traitors to the realm, or else that they should be removed 
immediately and utterly from the king's presence and council. 

About the same time, grievous to relate, the Master of the 
Order of Templars, with many brethren of his order, publicly 
confessed, as was said, before my lord the King of France and 
the clergy and people, that for sixty years and more he and 
his brethren had performed mock-worship before a statue of 
a certain brother of the Order, and had trodden the image of 
the Crucified One under foot, spitting in its face, and that 
they had habitually committed sodomy among themselves, and had 
perpetrated many other iniquities against the faith. On account 
of which all the Templars in France were apprehended and 
imprisoned, not undeservedly, and their goods were confiscated, 
and the same was done in England, pending what the Pope and 
the clergy should decide what should be done with them. 

Meanwhile, taking advantage of the dispute between the King 
of England and the barons, Edward de Brus, brother of the oft- 
mentioned Robert, and Alexander de Lindsey and Robert Boyd 
and James de Douglas, 1 knights, with their following which they 
1 First mention of * the good Sir James,' son of Sir William ' le Hardi.' 

280 Sir Herbert Maxwell, Bart. 

had from the outer isles of Scotland, invaded the people of 
Galloway, disregarding the tribute which they took from them, 
and in one day slew many of the gentry of Galloway, and made 
nearly all that district subject to them. Those Gallovidians, 
however, who could escape came to England to find refuge. But 
it was said that the King of England desired, if he could, to 
ally himself with Robert de Brus, and to grant him peace 
upon such terms as would help him to contend with his own earls 
and barons. Howbeit, after the feast of S. Michael l some kind 
of peace and agreement was patched up between the King of 
England and his people, on condition that the king should do 
nothing important without the advice and consent of the Earl of 
Lincoln ; but from day to day the king, by gifts and promises, 
drew to his side some of the earls and barons. 

About the beginning of the following Lent 2 an embassy was sent 
to the King of England by order of the Pope and at the instance 
of the King of France, desiring him to desist from attacking the 
Scots, and that he should hold meanwhile only what he possessed 
at the preceding feast of S. James the Apostle ; 3 and likewise an 
embassy was sent to Robert de Brus desiring him to keep the 
peace, and that meanwhile he should enjoy all that he had 
acquired at the preceding feast of the same S. James, and no 
more ; and that the truce should endure until the festival of 
All Saints next to come. 4 But Robert and his people restored 
nothing to the King of England of that which he had wrongously 
usurped between the said feast of S. James and the beginning of 
Lent aforesaid ; rather were they continually striving to get more. 
In the summer the king held his parliament at Northampton ; 
whereat, contrary to the hope of all England, the said Piers de 
Gaveston, through privy procurement of the king 
beforehand, was confirmed as formerly in the earldom 
of Cornwall, with the assent of the earls and barons, on condition 
that he should have nothing in the kingdom except the earldom. 
For already, before the aforesaid parliament, the sentence of 
excommunication pronounced by my lord the Pope against the 
said Piers in England had been suspended for ten months, and all 
Englishmen were absolved from whatever oath they had taken in 
any manner affecting the said Piers ; and meanwhile he received 
license to return from Ireland to England, and obtained in 
parliament the earldom of Cornwall as before. 

1 zpth September. J i2th February, 1308-9. 

3 2 5th July, 1308. 4 ist November. 

Chronicle of Lanercost 281 

But in the aforesaid parliament there was read a fresh sentence 
of excommunication pronounced against Robert de Brus and 
against all who should give him aid, counsel, or favour. 

Now about the feast of All Saints, 1 when the said truce was 
due to expire, the King of England sent Sir John de Segrave and 
many others with him to keep the march at Berwick; and to 
defend the march at Carlisle [he sent] the Earl of Hereford and 
Baron Sir Robert de Clifford, Sir John de Cromwell, knight, and 
others with them. But a little before the feast of S. Andrew * 
they made a truce with the oft-mentioned Robert de Brus, and he 
with them, subject to the King of England's consent, until the 
twentieth day after Christmas, 3 and accordingly Robert de Clifford 
went to the king to ascertain his pleasure. On his return, he 
agreed to a further truce with the Scots until the first Sunday in 
Lent, 4 and afterwards the truce was prolonged until summer ; for 
the English do not willingly enter Scotland to wage war before 
summer, chiefly because earlier in the year they find no food for 
their horses. 

About the feast of the Assumption 5 the king came to Berwick 
with Piers, Earl of Cornwall, and the Earl of Gloucester and the 
Earl of Warenne, which town the King of England 
had caused to be enclosed with a strong and high wall 
and ditch ; but the other earls refused to march with the king by 
reason of fresh dispute that had arisen. But he [the king] 
advanced with his suite further into Scotland in search for the oft- 
mentioned Robert, who fled in his usual manner, not daring to 
meet them, wherefore they returned to Berwick. 6 So soon as 
they had retired, Robert and his people invaded Lothian and 
inflicted much damage upon those who were in the king of 
England's peace. The king, therefore, pursued them with a 
small force, but the Earl of Cornwall remained at Roxburgh with 
his people to guard that district, and the Earl of Gloucester 
[remained at] Norham. 

After the feast of the Purification 7 the king sent the aforesaid 
Earl of Cornwall with two hundred men-at-arms to the town 
of S. John beyond the Scottish Sea, 8 in case Robert de Brus, who 

1 ist November. 2 3oth November. s 14-th January, 1309-10. 

4 8th March, 1309-10. 5 I5th August. 

c This Fabian strategy was very exasperating to the chronicler, but it was 
the means whereby Bruce won and kept his kingdom. 

7 2nd February, 1310-11. *l.e. Perth, beyond the Firth of Forth. 

282 Sir Herbert Maxwell, Bart. 

was then marching towards Galloway, should go beyond the said 
sea to collect troops. But the king remained on at Berwick. 
The said earl received to peace all beyond the Scottish Sea, as far 
as the Mounth. After the beginning of Lent 1 the Earls of 
Gloucester and Warenne rode through the great Forest of 
Selkirk, receiving the foresters and others of the Forest to 

About the same time died the noble Henry, Earl of Lincoln, 
who was Guardian of England in the king's absence, in place 
of whom the Earl of Gloucester was elected with the king's 
consent, and therefore returned from Scotland to England. 

In the same year died Antony Bek, Patriarch of Jerusalem and 
Bishop of Durham (Patriarch, however, only in name), and was 
buried with great solemnity in the cathedral church of Durham, 
at the northern corner of the east end ; in which church none had 
hitherto been buried save S. Cuthbert. 2 

To him succeeded Richard of Kelso, a monk of that monastery 
[Durham], soon after Easter, 3 and was consecrated at 
York by the archbishop on the feast of Pentecost. 4 

In the same year my lord Thomas, Earl of Lancaster, came to 
the king in Scotland, to do homage for the earldom of Lincoln 
which had come to him through his wife after the death of the 
aforesaid earl. But, forasmuch as the king was in Berwick, the 
earl was advised not to go before him outside the realm to render 
homage, neither would the king come across the river to him ; 
wherefore there was much apprehension of civil war in England, 
because the earl, having four other earldoms besides that of 
Lincoln, threatened to return immediately with one hundred 
knights whom he had brought with him (without taking account 
of foot-soldiers besides), and to enter upon the lands of the said 
earldom whereof he had offered homage to the king, who had 
declined to receive it. But by God's influence the king followed 
wiser counsel, crossed the water of Tweed, and came to the earl 
at Haggerston, about four miles from Berwick, where they 
saluted each other amicably and exchanged frequent kisses. 
Although hitherto they had been much at discord because of 
Piers de Gaveston, yet [that person] came thither with the king ; 

1 24th February, 1310-11. 

2 Considering the effusive eulogy or scathing criticism passed by the chronicler 
upon other deceased dignitaries of the Church, it is strange that he should have 
nothing to say about the character of this most redoubtable prelate. 

8 nth April. 4 30th May. 

Chronicle of Lanercost 283 

but the earl would neither kiss him, nor even salute him, whereat 
Piers was offended beyond measure. 

In the same year the Templars of England were tried upon the 
aforesaid crimes with which they were charged by inquisitors sent 
by my lord the Pope, all of which they denied at York, but three, 
of them pled guilty to them all in London. 

Forasmuch as the king, two years before, had granted in a 
certain parliament, and confirmed by establishing it under his 
great seal, that he would submit to the authority of certain 
persons, earls and bishops, 1 partly for councillors (for he was not 
very wise in his acts, though he may have spoken rationally enough), 
and likewise partly for the better governance of his house and 
household, and that the term of two years should be given them 
for dealing with these matters and deliberating, which time had 
now elapsed, therefore the Guardian of England and the nobles of 
the land sent forward envoys to the king in Scotland about the 
feast of S. Laurence, 2 humbly beseeching that it would please him 
to come to London and hear in parliament what they had 
ordained for his honour and the welfare of his realm. Wherefore 
the king, unwillingly enough, went to London, where all the 
great men of the realm were assembled, and in that parliament 
the said ordainers announced publicly what they had ordained, 
and these were approved by the judgment of all as being very 
expedient for the king and realm, and specially so for the com- 
munity and the people. Among these [ordinances] it was decreed 
now, as it had been frequently before, that Piers de Gaveston 
should depart from the soil of England within fifteen days after 
the feast of S. Michael the Archangel, 3 never to return, nor 
should he thereafter be styled nor be an earl, nor be admitted 
to any country which might be under the king's dominion; and 
sentence of excommunication was solemnly pronounced by the 
Archbishop of Canterbury upon all who should receive, defend, 
or entertain him in England after the aforesaid fixed limit of 
time. He himself, confident that he had been confirmed for life 
in his earldom, albeit he was an alien and had been preferred to 
so great dignity solely by the king's favour, had now grown 

1 These Lord Ordainers were the Archbishop of Canterbury, the Bishops of 
London, Salisbury, Chichester, Norwich, S. David's and LlandafF; the Earls 
of Gloucester, Lancaster, Lincoln, Hereford, Pembroke, Richmond, Warwick 
and Arundel ; the Barons Hugh de Vere, William le Mareschal, Robert Fitz 
Roger, Hugh Courtenay, William Martin, and John de Grey. 

2 xoth August. 3 1 3th October. 

284 Sir Herbert Maxwell, Bart. 

so insolent as to despise all the nobles of the land ; among whom 
he called the Earl of Warwick (a man of equal wisdom and 
integrity) ' the Black Dog of Arden.' When this was reported 
to the earl, he is said to have replied with calmness : ' If he call 
me a dog, be sure that I will bite him so soon as I shall perceive 
my opportunity.' 

But let us have done with him [Piers] till another time and 
return to Robert de Brus to see what he has been about mean- 
while. The said Robert, then, taking note that the king and all 
the nobles of the realm were in such distant parts, and in such 
discord about the said accursed individual [Piers], having collected 
a large army invaded England by the Solway on Thursday before 
the feast of the Assumption of the Glorious Virgin, 1 and burnt all 
the land of the Lord of Gillesland and the town of Haltwhistle 
and a great part of Tynedale, and after eight days returned into 
Scotland, taking with him a very large booty in cattle. But he 
had killed few men besides those who offered resistance. 

About the feast of the Nativity of the Blessed Virgin, 2 Robert 
returned with an army into England, directing his march towards 
Northumberland, and, passing by Harbottle and Holystone and 
Redesdale, he burnt the district about Corbridge, destroying 
everything ; also he caused more men to be killed than on the 
former occasion. And so he turned into the valleys of North and 
South Tyne, laying waste those parts which he had previously 
spared, and returned into Scotland after fifteen days ; nor could the 
wardens whom the King of England had stationed on the marches 
oppose so great a force of Scots as he brought with him. How- 
beit, like the Scots, they destroyed all the goods in the land, with 
this exception, that they neither burnt houses nor killed men. 

Meanwhile the Northumbrians, still dreading lest Robert should 
return, sent envoys to him to negotiate a temporary truce, and 
they agreed with him that they would pay two thousand pounds 
for an exceedingly short truce to wit, until the Purification of the 
Glorious Virgin. 3 Also those of the county of Dunbar, next to 
Berwick, in Scotland, who were still in the King of England's 
peace, were very heavily taxed for a truce until the said date. 

In all these aforesaid campaigns the Scots were so divided 
among themselves that sometimes the father was on the Scottish 
side and the son on the English, and vice versa ; also one brother 
might be with the Scots and another with the English ; yea, even 
the same individual be first with one party and then with the 

1 1 2th August 2 8th September. 8 2nd Feb., 1311-12. 

Chronicle of Lanercost 285 

other. But all those who were with the English were merely 
feigning, either because it was the stronger party, or in order to 
save the lands they possessed in England ; for their hearts were 
always with their own people, although their persons might not 
be so. 

From the feast of S. Michael 1 until the feast of S. John 
Lateran, 2 Pope Clement held a council at Vienne 3 with the 
cardinals and three patriarchs and one hundred and thirty arch- 
bishops and bishops, and abolished the Order of Templars so that 
it should no longer be considered an Order. Also he caused 
many new constitutions to be enacted there, which were compiled 
in seven books in the time of his successor, John XXII. 

Now let us return to Piers. That oft-mentioned Piers de 
Gaveston left England and went to Flanders within the time 
appointed him, to wit, within fifteen days after the feast of 
S. Michael. 4 But whereas in Flanders he met with a reception far 
from favourable (through the agency of the King of France, who 
cordially detested him because, as was said, the King of England, 
having married his daughter, loved her indifferently because of 
the aforesaid Piers), to his own undoing he returned to England, 
but clandestinely, through fear of the earls and barons ; and the 
king received him and took him with him to York, where they 
plundered the town and country, because they had not where- 
withal to pay their expenses. For the earls and barons had 
ordained, and enforced execution thereof after the return of the 
said Piers, that the king, who would not agree with his lieges in 
anything, should not receive from his exchequer so much as a 
half-penny or a farthing. 5 The king, then, fearing lest the earls 
and barons should come upon him there, took Piers to Scar- 
borough with him ; but he who was then warden of the castle 6 
refused to allow, on any account, the king to enter accompanied 
by Piers, wherefore the king turned aside with him to Newcastle, 
and there, as at York, they plundered the town and country. 
When Thomas, Earl of Lancaster, heard this, being most hostile 
to the said Piers, he marched secretly and suddenly through the 
wooded parts of England, avoiding the high roads, about the feast 
of the Invention of the Holy Cross. 7 

1 29th September, 1311. 2 6th May, 1312. 3 InDauphiny. 

4 1 2th October. 5 Obolum nee quadrantem. 

'Henry de Percy, First Lord Percy of Alnwick, 1272-1315. 7 3rd May. 

(To be continued,} 

Reviews of Books 

JOINT-STOCK COMPANIES TO 1720. By William Robert Scott, M.A., 
Cambridge: University Press. 1910. 155. nett. 

THIS is a very valuable contribution to economic history, and it is impos- 
sible in a short space to give an idea of the scope and thoroughness of 
research of Dr. Scott's book. 

The sixteenth century is a period of great interest in economic history, 
and one of its most important phenomena is the increase of capital and of 
opportunities for its employment. From the middle of the century onwards 
an ever increasing amount was invested in joint-stock companies. The 
formation and growth of these companies were influenced by different con- 
ditions from those of the present day. Dr. Scott finds that these conditions 
fall into two classes, those which affected all the companies, and those 
which only affected special trades or industries. The first class of conditions 
is to be treated of in Volume I., 1 which is an account of the ' general 
development of the joint-stock system * brought * into relation with the 
chief social, political, industrial and commercial tendencies which influenced 
it.' Thus an account will be given of the uses of capital in modern times. 
Volume II. contains accounts of companies formed for trading, colonizing, 
fishing and mining. The history of some, by no means all, of these com- 
panies has been written. But, as Dr. Scott says, attention has been chiefly 
given heretofore to the work and results of the companies, rather than to 
their constitution and their financial organization and methods. This latter 
side is fully and ably dealt with in Dr. Scott's book. Dr. Scott begins 
with the earliest companies formed, those for foreign trade, such as the six 
companies which were successively formed to trade with Africa, the first 
expedition sailing in 1553 ; the company for trade to Russia, which obtained 
a charter in 1555 ; the 'Adventurers to the North- West for the Discovery 
of a North-West Passage,' which accomplished nothing, and lost over 
^30,000 ; the Levant Company ; and the Hudson Bay Company. 

The East India Company, founded in 1600, is the best known and the 
most important. Almost from the beginning it had great difficulties to face 
at home as well as abroad. It was attacked by the bullionists and the 

1 For reasons connected with the printing Volume II. is published before 
Volume I. 

Early Joint-Stock Companies 287 

clothiers, who declared that it exported bullion and imported goods which 
competed with the woollen manufacture. About 1670 the Levant Com- 
pany, jealous of the success of the East India trade, the interlopers, and the 
opponents of the whole system of joint-stock companies joined in the attack. 
In 1 68 1 efforts were made to promote a rival joint-stock company, but the 
favour of the crown was secured for the old company, chiefly by an annual 
New Year's gift of 10,000 guineas, until the Revolution. After 1689 the 
opponents of the company attacked it with renewed vigour both in Parlia- 
ment and on the stock-market, and at last were established in 1698 as the 
New Company. It then appeared necessary that some arrangement for 
amalgamation should be made. Accordingly it was decided, in 1702, that 
the companies should be united in 1709, the trade in the meantime to be 
carried on by a joint committee of the New and Old Companies. The 
financial adjustments were very complicated. The Old Company held more 
dead stock than the New, but it had a large debt due on bond. In addition, 
a two million loan had been raised, of which each company held a different 
proportion. Even after the amalgamation there were still difficulties to be 
faced by the United East India Company the control of the officials in 
the east, for instance, $2000 was spent on liquor at Bencoolen in six 
months, while the stores were left to rot ; an alarm about interlopers from 
Ostend, with a commission from the Emperor (surely not the ' Emperor of 
Austria' in 1716); and the crisis of 1720. Dr. Scott's history of the 
finance and constitution of this company and its long struggle with the 
interlopers is most valuable. 

The failure of the Scottish East India Company (the Darien Company) 
was largely due to the opposition of the English Company, though in any 
case the Scots, even had they been able to raise their proposed capital of 
600,000, would have had a hard struggle with the long-established East 
India and African companies with their joint capital of 1,372,540. The 
stock of the English Company fell 46 per cent, after the development of 
Paterson's scheme. Parliament was urged to interfere, both by the East 
India Company and also, though Dr. Scott does not mention it, by the 
plantation officials, afraid of Scottish settlement in America and infringe- 
ment of the Navigation Acts. The House of Commons decided to seize 
the papers of the subscribers and to impeach the leading members, and the 
company was really ruined before the subscription in Scotland was begun. 
400,000 was subscribed in Scotland, of which 170,000 was nominally 
paid up, though only about 150,000 was actually paid. This was lost, 
and debts of 14,809 i8s. I id. were incurred by 1707, when the assets were 
1,654 l Is - Ofd. Some of the stock was sold at 10 in 1706, the purchasers 
making a profit of about 600 per cent, when payment was made from the 

Some of the colonizing companies had very important results, including 
the founding of settlements in Virginia, Massachusetts, other parts of New 
England, and the Bermudas. An unsuccessful Scottish attempt was made 
to settle Nova Scotia by Sir William Alexander (1621-1633) in which the 
title of baronet was offered to those who ventured 3000 marks and sent out 
six colonists. 

288 W. R. Scott 

The success of the Dutch in fishing off the British coasts inspired the 
foundation of the * Society of the Fishery of Great Britain and Ireland ' 
(1632-40). But the Scots were not at all anxious to co-operate, the capital 
raised was insufficient, and was almost entirely lost. 

Nearly all the companies, for whatever purpose they were formed, were 
incorporated by charter from the crown, seldom in Tudor and Stewart 
periods confirmed by Parliament, although the Russia Company had its 
privileges confirmed by Act of Parliament in 1566. The East India Com- 
pany for long endeavoured to get authorization from Parliament, and 
pointed to the Scots act constituting the Darien company as evidence in 
favour of its demand. 

The charter of the Russia Company, 1555, is one of the earliest examples. 
It incorporates certain persons named as * one bodie and perpetuall fellow- 
ship and communaltie' endued with perpetual succession and a common 
seal, capable of holding bonds and of sueing and being sued ; with a 
governor and provision for the fellowship electing some of the * most sad, 
discreete and honest persons ' of the fellowship as assistants, who had con- 
siderable power. Most of the later charters were much on these lines, 
sometimes providing for an annual meeting of shareholders, or specifying 
the number of shares, twenty-four in the Society of the Mines Royal ; or 
the voting qualification, which in the 1661 charter of the East India Com- 
pany was fixed at ^500. 

A very important feature in the charters of the trading companies was 
the extent and character of the monopoly granted to them. The East 
India Company was granted in 1600 the * whole entire and only trade and 
traffic ' in all places from the Cape of Good Hope to the Straits of Magellan; 
the Royal African Company in 1672 was to have the whole trade from 
Sallee to the Cape. They were also often authorized to punish interlopers, 
who forfeited their ships and cargoes. 

The difficulties of the Russia Company with interlopers are interesting, 
illustrating the complications which arose in commercial matters before 
the complete union of England and Scotland. James I., by letters patent 
under the great seal of Scotland, incorporated Sir James Cunningham and 
other adventurers as a Scottish East India and Greenland Company. 
Cunningham, to the alarm of the Russia Company, began to fit out a 
whaling expedition, but an arrangement was come to by which the charter 
was to be recalled and Cunningham compensated. In 1626 Charles L, as 
king of Scotland, gave a license for whaling to Edwards, or Uduard as the 
Scottish records call him, and his partners. After some controversy the 
Company was ordered to admit them as members, but in 1634 the Green- 
land Adventurers were again in difficulties with interlopers, one of whom 
had got hold of Edwards' license. 

The financial history of the companies is given with great fulness 
and clearness by Dr. Scott. In the trading companies there was not 
always a permanent joint-stock at the early stages, but members could 
subscribe for one voyage only or for a group of voyages. In the early 
years of the East India Company the voyages were organized on the 
system of terminable stocks. By 1613 they had sent out twelve voyages, 

Early Joint-Stock Companies 289 

for each of which there was a separate subscription, except that one and 
two, and three and five were inter-related. In that year a subscription 
was made on the basis that there should be four voyages with the capital 
adventured, this was called the First Joint-Stock. In 1617 a Second 
Joint-Stock was formed, but it was found advisable to purchase the assets 
of the First, and similarly the Third bought the * remains ' of the Persian 
Voyages, which had been sent out separately. In 1657 it was arranged 
that the Fourth Joint-Stock and the United Joint-Stock should be wound 
up, and gradually the system of a permanent capital was adopted. 

The methods of finance were not always strictly business-like. The 
Royal African Company, chartered in 1672, was involved by 1712 in 
difficulties 'without precedent or parallel.' In 1702 dividends had been 
paid out of capital to induce the shareholders to pay an assessment on their 
stock, and by 1712 the price had fallen to 2j^ for jioo stock. When 
trade was depressed on account of the Dutch war, two dividends amount- 
ing to 50 per cent, were declared by the East India Company because the 
capital could not be employed, and also, and probably more important 
though not stated by the committee, because they feared the crown might 
compel them to make large loans if they were known to have large 

The East India Company occasionally paid dividends in commodities, 
such as pepper or calico, in its earlier years. This was not appreciated by 
those who were not merchants, and in 1629 it was declared 'in order 
to give contentment to the gentry ' that the distribution should be made in 

Occasionally in the companies for plantation and for reclaiming the land 
dividends were given in land. Such a dividend was promised to every 
adventurer of a ^12 IDS. share in the first Virginia Company, who did not 
emigrate himself. The land division in Bermudas in 1617 gave 25 acres 
per share (an interesting map is given shewing the principle of the division). 
The shareholders in the company for draining the Great Level were 
to receive 95,000 acres ; and the Irish society, financed by a rate levied on 
the London Livery companies, divided a great part of Ulster amongst the 

In some of the colonizing companies there were subordinate joint-stocks 
founded for particular purposes. Such were the Magazine in the Virginia 
Company for bringing the tobacco to market ; a joint-stock of j8oo for 
transporting * 100 Maids to Virginia to be made Wives'; and ^1000 for 
sending out shipwrights. 

Money was occasionally raised by lottery, as by the Virginia Company 
in 1612, the Royal Fishery Company in 1661, the Company of Mine 
Adventurers in 1699. The last was managed by Sir Humphrey 
Mackworth, one of the earliest company promoters. He, or his agents, 
excelled in writing pamphlets, precursors of the modern prospectus, describ- 
ing the prospects of the company in most glowing terms, * the most artistic 
touch ' being the * plea that, from the superfluity of profits, the happy 
shareholder should vote considerable sums for charitable purposes.' The 
proceeds of 2000 shares, amounting to jio,ooo, were used by Mackworth 


290 Arthur C. Champneys 

chiefly in providing treats at the lotteries and in paying his own personal 

The remaining volumes of this work will be most welcome, and we 
look forward with special interest to Volume I., which will contain the 
generalizations on the facts which Dr. Scott has collected from many 
sources and handled with great ability. 


Arthur C. Champneys, M.A. Pp. xxxiii, 258. With numerous 
Illustrations. Demy 4to. London : G. Bell and Sons. 1910. 
315. 6d. nett. 

THE volume before us makes no attempt at a survey of the whole field of 
Irish Architecture, secular and military as well as sacred, such as was 
accomplished for Scotland in the works of Drs. MacGibbon and Ross, but 
it represents a much more systematic study of the building art in Ireland 
than has been previously essayed. Mr. Champneys does not indeed ignore 
the structures of the pagan period, for he emphasizes the fact that it is from 
these dry-stone monuments that the primitive cells and oratories of Early 
Christian times were originally evolved, and he describes and illustrates in 
his first chapter some of the more important of the stone forts of the 
western seaboard. On the other side the term ' ecclesiastical architecture ' 
is liberally extended to cover a treatment of such work as that of the carved 
crosses, which is not in the strict sense structural. The book is illustrated 
throughout by numerous process reproductions of photographs, for the most 
part from the author's own negatives, but, as a serious set-off against this, 
there is an absolute dearth of ground-plans, the want of which will be felt 
especially by the professional reader. The illustrations would also have 
been strengthened by some drawings of details and ornaments of special 
interest, as well as by some analytical diagrams and sections of vaults. The 
untouched photograph, on which reliance is almost exclusively placed, is 
not an ideal form of illustration where details are in question, as the photo- 
graph seems to accentuate disturbing patches of discolouration, caused by 
lichen and similar accidents. It would also have conduced to the comfort 
of the reader if references to the illustrations had been introduced into the 
text, according to a practically universal and most salutary custom. 

These defects may easily be remedied in a subsequent issue of what will 
remain probably for a long time the standard work on its subject. It is a 
thoroughly sound, well-thought-out production, and exhibits the archi- 
tecture of Ireland in its connections with that of other parts of the British 
Isles, while at the same time doing full justice to those aspects of it in 
which it seems purely Hibernian. On certain questions of dating and of 
origin the author takes the reasonable view which has been practically 
established for the last two decades. It is now sufficiently recognized that, 
while the more primitive structures are of uncertain date, those in which 

Irish Ecclesiastical Architecture 291 

the highly ornamental style called Irish Romanesque makes itself apparent 
cannot be earlier than the twelfth century. This needs to be said, because 
in a recent Italian work on medieval architecture, which in its English dress 
is likely to be widely read, the author seems to assume that the too early 
dating for which Petrie is in part responsible has remained an article of 
faith to this day. This is by no means the case, and the sane chronology 
of buildings like those at Glendalough, on which Mr. Champneys has set 
his seal, has been well understood for some time past It is true that there 
are examples of Irish Romanesque, such as the chancel arch at St. Caimin's, 
Iniscealtra, and the western door of St. Flannan's, Killaloe, in which no 
details occur that can be chronologically fixed ; but in the majority of cases 
the chevron, an unmistakable symptom of twelfth century date, is much in 
evidence, and this is quite sufficient to fix the chronology of the style. 

In the matter of the older structures that are devoid of ornamental 
details, dating must be largely a matter of conjecture. These are of special 
interest to Scottish students, as they consist in the beehive huts, stone-roofed 
oratories, and other dry-stone structures that occur in the Celtic parts of 
Scotland as well as in the western isle. The technique of these is so 
obviously derived from that of the pagan tombs and stone forts of the pre- 
Christian centuries that in themselves they might be of any date within the 
limits of the ecclesiastical history of the island. Mr. Champneys seems 
inclined to show unnecessary scepticism as to their high antiquity, but this 
is a matter on which there must be considerable latitude of opinion. On 
one minor point connected with these interesting structures his opinion 
may be contested. The projection of the side walls upon the western front 
of many early Irish churches he appears to treat as decorative features, 
calling them ' antae,' * pilasters terminating the side walls,' and, when they 
occur in later work, ' buttresses.' Surely the example on St. Macdara's 
Island, off Connemara, which he mentions on p. 38, shows that the feature 
is constructive. Here it is not only the wall, but the corbelled stone roof 
into which the upright side wall passes off, that expresses itself in this 
fashion on the ends of the building, and this seems to proclaim the con- 
structive independence of the combined wall and roof. Where there is no 
stone roof the ' antae ' are to be regarded as merely survivals. 

The later chapters of the volume, on the different periods of Irish 
Gothic, are full of interesting matter. The Cistercian influence is excel- 
lently handled, and the connection with England, illustrated in the work 
at Christ Church, Dublin, is made clear, while at the same time the 
vernacular elements in the later Irish Gothic are amply vindicated. Ire- 
land never became, any more than Scotland, an architectural province of 
England, and, though owing much to the English lancet and decorated 
styles, Erin did not go on to adopt the Perpendicular forms, but like Scot- 
land pursued an independent course. In the fifteenth and sixteenth 
centuries Irish architecture exhibits specially indigenous features. 


292 Pelham : Essays 

ESSAYS BY HENRY FRANCIS PELHAM, Late President of Trinity College, 
Oxford, and Camden Professor of Ancient History. Collected and 
edited by F. Haverfield. Pp. xxiii, 328. With Map. 8vo. Oxford: 
Clarendon Press. 1911. ios. 6d. nett. 

THOSE who knew the late Professor Pelham will feel grateful to his 
successor in the Camden Chair for the admirably balanced and finely 
phrased appreciation which serves as introduction to this volume of collected 
papers. Those who did not, will learn from it something of the singular 
combination of qualities that enabled their possessor to exercise such an 
influence in so many departments of University life at Oxford. Pelham 
was a man of wide sympathies and of quite unusual charm and sincerity of 
manner. He was a brilliant teacher, and a most capable administrator. 
But he was also, perhaps above everything else, a scholar with a genuine 
love of learning, a broad outlook over the field of knowledge, and an easy 
mastery of the multitudinous mass of detail belonging to his own special 
subject. He published only one book his brief but altogether excellent 
Outlines of Roman History. That his output was not greater was doubtless 
mainly due to the fact that when he was in the prime of his vigour he was 
threatened with blindness. A successful operation averted the calamity, 
but for years afterwards he could not use his eyes with ordinary freedom. 
The interruption to his work came just as he was setting his hand in earnest 
to what he hoped up to the very last to make the great achievement of his 
life, a large * History of the Roman Empire.' Only three or four chapters 
had been written when his sight began to fail. Whether, even under the 
most favourable circumstances, the ' History ' would ever have been com- 
pleted, is perhaps open to doubt. As Professor Haverfield points out in his 
biographical sketch, the task was one of immense and of rapidly increasing 
difficulty ; Mommsen himself had turned aside from it deliberately. But 
the present volume at all events shows clearly that very few were so well 
equipped for attempting it as Pelham. 

The longest and most important of the papers the book contains deals 
with the domestic policy of Augustus. Next to it we should rank the 
description of the Roman Frontier in Southern Germany. The former, a 
hitherto unpublished chapter of the c History,' is well calculated to serve 
as a specimen of the writer's quality. It is a model of lucid exposition and 
of sound and sane reasoning. There is no English discussion of the subject 
at once so full and so informing. We doubt whether any so judicious has 
appeared upon the Continent. The paper on the German Limes was 
originally printed in the Transactions of the Royal Historical Society. It is 
a really first-rate summary of the first fourteen years' work of the Limes- 
Commission. As discovery progresses, it will tend to fall out of date, but it is 
not likely to lose its value for many years to come. Professor Haverfield has 
supplied a capital map, which enables the printed text to be easily followed. 

The majority of the other essays are strictly and severely technical the 
stern stuff of which history must be made if it is to be not merely readable, 
but reliable. As such they will command the attention of specialists. The 
remainder are of more general interest, and among these we should give the 

Bussell : The Roman Empire 293 

palm to the Quarterly Review article upon the ' Early Roman Emperors.' 
The least satisfactory is that upon 'Discoveries at Rome, 1870-89.' 
Excavation has been so active during the last two decades that editorial 
notes of correction and supplement are frequently called for here, and yet 
even here the careful reader will find a good deal that deserves attention. 

Of the volume as a whole it may safely be predicted that it will long 
remain entitled to an honoured place on the shelves of students of Roman 

THE ROMAN EMPIRE : Essays on the Constitutional History from the 
Accession of Domitian (81 A.D.) to the retirement of Nicephorus III. 
(1081 A.D.). By F. W. Bussell. 2 volumes. Vol. I. xiv, 402, Vol. II. 
xxiii, 521. Demy 8vo. London: Longmans, Green & Co. 1910. 
28s. nett. 

IN spite of a few well-known writers, Byzantine History has not received 
the attention from English scholars which it deserves. Gibbon, notwith- 
standing his rather Olympian altitude, entered closely into the subject and did 
much for its elucidation : and Finlay, with a more sympathetic treatment, 
carried research a good deal further. But Finlay 's history was completed 
in 1 86 1, and since then Byzantine studies have somewhat languished, 
although Professor Bury, in the intervals of other work, has done much to 
carry them on. Dr. Bussell's important and vigorous contribution will, it 
is to be hoped, now definitely turn a portion of English, and especially 
Oxford Scholarship towards a field which has been so largely left to the 
Germans and the French. Byzantine studies in general have received a 
great loss through the death of the lamented Professor Krumbacher of 
Munich : but the present work shows that the interest which he did so 
much to arouse will not be allowed to die. 

Dr. Bussell modestly describes his work as Essays on the Constitutional 
History, but in reality it consists of two stout volumes, and they are con- 
cerned as much with political philosophy, and in that perhaps lies their 
most important element. Or perhaps it would be more correct to say that 
Constitutional History and Political Philosophy must always go together 
that the one is meaningless without the other. And so Dr. Bussell has 
brilliantly combined the two. His historical narrative is illuminated by 
philosophical insight. He has the faculty of looking at a period as a whole. 
In everything, he combines minute knowledge with the ability to take a 
general view. Thus every page is enlivened with remarks and conclusions 
drawn both from the matter in hand, and from knowledge of events in 
other ages, drawn from widely different sources. In a vigorous introduction 
the conclusions and methods of the work are outlined. 

Dr. Bussell's book is, then, on Byzantine history, as interpreted through 
political philosophy. In plan, the work falls into two parts. The first 
volume follows up the course of the Empire's history, chronologically from 
the accession of Domitian in 81 to the retirement of Nicephorus III. in 
1 08 1, or rather to the defeat of Romanus IV. at Manzikert in 1071 ; then, 

294 Bussell : The Roman Empire 

and not till then, in Dr. Bussell's view, the Roman Empire passed away, 
and the accession of the Comneni opened a * new dynasty and a new age.' 
The second volume goes over the same ground, not chronologically as a 
narrative, but in the form of essays. This plan ensures great fulness of 
treatment, and a truth once discovered is not allowed to be lost sight of. 

The style throughout is dramatic, and we watch with interest the swift 
course of the centuries till the flood of Orientalism transforms the whole 
tissue of a once Western Empire. In each decade the facts are clearly 
marked ; and for every generalisation, dates and proper names are produced; 
while illustrations from all sources, from the novels of Disraeli to the 
writings of Tsin-Hwang-Ti, are given with an equal light touch and 

With the general public, the book will be read for its graphic style, and 
its vigorous discussion of the ever-pressing problems of bureaucracy, caste, 
heredity, and representation. To the student, it will mean much more. 
It is a book he must work at, thoroughly to understand it. It is well equipped 
with introductions, chronological tables of reigns, notes, appendix, a com- 
plete index, and even an analysis of all the facts and arguments. Only 
maps are required to make the equipment complete, for occasionally the 
reader is troubled to keep the shifting outlines of frontiers in his head. As 
a rule references are not given at the foot of the pages, but are reserved for 
notes at the end of a chapter ; and striking sentences are quoted in the 
original Greek, with great effect. On almost every occasion the page or 
section of the authority is given, although in the case of Psellus, Dr. Bussell 
hints at many important passages, but reserves a more detailed treatment for 
another work, which he half promises, and which we hope he will carry 
out. R. B. MOWAT. 

by William Hunt, D.Litt., and Reginald L. Poole, M.A. Volume 
VI. From the Accession of Edward VI. to the Death of Elizabeth, 
1547-1603. By A. F. Pollard, M.A. Pp. xxv, 524. Demy 8vo. 
London : Longmans, Green & Co. 1910. 75. 6d. nett. 

THE publication of Professor Pollard's volume completes this political 
history of England from the earliest times till the end of Queen Victoria's 
reign. This volume is, like the others, in itself a separate and complete 
book, with its own bibliographical and genealogical appendices, maps, and 
index. It presents to view three reigns, those of Edward VI., Mary 
Tudor and Elizabeth. Its chief interests are its accounts of the settled 
form which the Reformation took in England, of the character and of the 
policy of Elizabeth, and of the entry of Scotland upon the stage of modern 

It opens with the administration of the Protectorate which followed 
the death of Henry VIII. in 1547, when Edward VI. was only nine years 
old, while the English constitution still required, as its mainspring, an 
active personal ruler. It tells the story of the fresh attempt on Scotland, 

Pollard : Political History of England 295 

in preparing for which Henry had spent the last months of his life ; of 
the seizure of Edinburgh and the papist abbeys ; and of Pinkie, the last 
and bloodiest of the battles between the independent kingdoms. It shows 
us the optimist Somerset, a unique dictator, trying to rule with a ' gentle 
hand,' and seeming to think he could reverse the despotic methods of the 
Tudors, almost dispense with axe and gallows, and ignore the heresy laws 
of the late king. It tells of the enduring acts of the Protectorate and the 
short reign of the boy king, Edward VI. j of the adoption of the Book of 
Common Prayer, with the ' black rubric ' which John Knox contrived to 
get interpolated in it; of the legalisation of inclosures at the discretion 
of lords of the manor ; and of the sparing (not the founding, as their name 
erroneously suggests) of the so-called King Edward VI.'s Grammar Schools. 
We read again the pathetic tale of Lady Jane Grey, the almost perfect type 
of intellectual graces, of modesty, sincerity, and saint-like innocence, the 
blameless instrument of her father-in-law's desperate plot ; and of the half- 
Spanish Mary, whom Mr. Pollard calls, without undue flattery, the most 
honest of Tudor rulers, and who yet brings a blight on national faith and 
confidence. He describes her as a pitiful woman by nature, freely pardon- 
ing convicted traitors, but burning Protestant widows, striving in vain to 
satisfy by such burnt-offerings the cravings of a mind diseased in a dis- 
ordered frame, forsaken by her husband and estranged from her people. 
Sterility, he says, was the conclusive note of her reign. Under Mary the 
Church was restored. But there was no spiritual fervour. There was an 
intellectual paralysis. Even theology was neglected. 

Mr. Pollard has drawn every character in clear, bold strokes, and he is 
as faithful with Elizabeth as with the rest. He shows her self-reliant, 
steadfast, absolute, of true English tenacity, and thanking God for giving 
her 'a heart which never yet feared foreign or home enemy' ; more than 
a Macchiavelli in deceit, and one of the most accomplished liars who ever 
practised diplomacy. When she wills the end, she wills the means. She 
secretly attacks while publicly professing friendship. Her servants' lives 
and fame are hers to spend or throw away, and she is disloyal to her 
agents whenever it suits her to repudiate them. These are the methods 
of her time, but she has an asset in diplomacy that is all her own. Her 
courtships played a leading part in the subtle work of her foreign policy. 
She dangled the bait, that cost her neither expense nor risk, before greedy 
Spaniard, Austrian, Scot, Swede, and Frenchman in turn, if she could 
thus for the moment attract an ally to, or divert an enemy from, England. 
Each was beguiled with hopes which she alone knew to be vain. For 
she had a secret which she never revealed, and which her ministers did 
not dare to whisper, though they suspected it. Mr. Pollard accepts the 
evidence that she knew that, for physical causes, she could never have a 
child, and marriage was as repulsive to her as imprisonment. 

With unfailing skill he has set forth the devious ways, and the extra- 
ordinary success of her policy; her gradual steering of England from 
alliance with Spain to alliance with France and with Scotland; her 
manoeuvreing of Mary Stuart from being the representative of France to 
being the client of Spain ; her completion of the recovery by the crown, 

296 Pollard : Political History of England 

from the barons and the knights of the shire, of the crown's powers of 
initiative in legislation, a step towards the transference of these powers to 
ministers responsible to parliament. 

Mr. Pollard's account of the relations between church and state and 
church and people is of the greatest interest and value. Again and again 
he points out and illustrates the sordid character of the English Reforma- 
tion, and shows how very little religion, in the true sense, had to do with 
the matter, and what continuous factors were honest patriotism and dis- 
honest greed. Only a minority cared about a moral and intellectual 
amendment. Northumberland's friends in 1552 desired a simpler ritual, 
but at least one of their motives was an appetite for church goods, plate 
and metal. Even in the Catholic reaction under Mary, the English would 
not admit Pope or legate, except on the condition that the holders of the 
distributed abbey lands should not be disturbed. Mr. Pollard points out 
that English political instincts were more strongly developed than religious 
feelings or moral sense, and respectable people thought it scarcely decent 
to indulge conscience in defiance of the law. The faith was a matter for 
the church to settle, and the clergy were responsible. 

These chapters exhibit throughout a judgment illuminating and con- 
vincing, the ease and freedom of complete mastery of the subject, and a 
rhetorical perfection and happiness of expression very admirable and 

The volume re-tells some of the most romantic and perennially 
interesting incidents in modern history, and some of the most perennially 
and fiercely debated. Mr. Pollard has given most of them a more 
accurate setting, and all of them a fresh interest. 


REFORMATION IN ENGLAND, 1509-1525. By Carlos B. Lumsden. 
Pp- 33- 8vo. London : Longmans, Green & Co. 1910. 95. nett. 

MR. LUMSDEN'S book is of a highly polemical character, and fairly bristles 
with statements, of which the general trend can merely be indicated but 
scarcely discussed within the limits of a brief review. 

The book is the first of * many volumes ' in which the author hopes to 
bring his history down to the death of Charles I. ; but, although it is thus 
the first of a series and as such necessarily incomplete in some respects, still 
the proportions are oddly arranged ; almost half of it is given up to the 
purely political history of the time, whereas the section on the German 
Reformation is strangely scant considering the part it played in influencing 
the course of affairs in England ; also the conditions of the Church in 
England in the early sixteenth century are practically untouched, and 
popular religious opinion and feeling either in Germany or England is 
left severely alone. 

These latter omissions may possibly be rectified in a later volume, but 
in regard to time one would expect them to appear in the present 

Lumsden : Dawn of Modern England 297 

The author speaks from the standpoint, not merely of a Roman Catholic, 
but of a determined apologist of medieval ethics, modes of thought, and 
ecclesiastical standards. The philosophy of the Middle Ages is 'the 
greatest the world has ever seen ' ; the individualism which was the 
supreme and all-pervading tendency of the Renaissance is responsible 
for a few possible benefits and very many evils in succeeding centuries. 
Mr. Lumsden is perhaps a little obsessed by this theory ; as, for instance, 
when he claims that the keynote of monasticism was the annihilation 
of the individual in the community. Might it not be suggested that 
it was in certain respects rather the last expression of a spiritual indi- 
vidualism ? The Reformation accomplished no good end ; it set free 
the evil passions and greed of mankind from all ecclesiastical restraint, 
with disastrous results; Luther was a histrionic genius with a shrewd 
capacity for playing upon the cupidity of his countrymen in the fight 
with Rome, which was thus dominated entirely by economic interests. 
The Reformers were first of all practical men and 'in good works they 
more particularly resented the power that this gave the Church over 
money.' Justification by Faith as expounded by Luther encouraged a 
mere expression of belief, and discouraged all ' charity, humility, and love 
of one's neighbour.' 

These assumptions, as well as many others equally disputable, are 
put forward by Mr. Lumsden as self-evident statements of fact. He 
does not deny the degradation of the Roman Curia in the sixteenth 
century ; and he rightly joins other modern historians in destroying the old 
popular view of the Bible in pre-Reformation times as a forbidden book 
wholly inaccessible in the vernacular tongues. MARY LOVE. 

III. A.D. 1669-1672. Edited by P. Hume Brown, M.A., LL.D., 
Historiographer Royal. P. xlviii, 851. 8vo. H.M. General Register 
House, Edinburgh. 1910. 155. nett. 

ANOTHER massive instalment is added to the published records by this 
volume, which begins just a few months previous to the Earl of Lauderdale's 
appointment in September, 1669, as the King's Commissioner in Scotland, 
and the exponent of an eventful ecclesiastical policy. To suppress the 
religious recusants who refused to accept the re-establishment of episcopacy at 
the Restoration was the main concern of the Council during the three years 
covered by the volume, and these records tell the story of Lauderdale's 
effort, first by conciliation and afterwards by repressive measures of increas- 
ing stringency, to suppress conventicles, protect ' indulged ' ministers, put 
down the unlicensed ' outed ' ministry, and generally maintain the episcopal 
settlement in the teeth of the Scottish people. 

Burnet, who in 1673 was addressing Lauderdale in warm compliment 
not only as a 'Master in all learning,' but for his 'judgement so well 
ballanced,' wrote differently after the rupture with his patron. 'Duke 
Lauderdale's way,' he said in his History, 'was to govern by fits and to pass 

298 Register of Privy Council 

from hot to cold ones always in extremes.' This severe estimate is not quite 
borne out by the proceedings which Professor Hume Brown summarises in 
his introduction, and which, passing through all stages from indulgence to 
persecution, are characterised by a steady persistence in the attempt to quiet 
the country. The bait of indulgence had not the expected effect. Con- 
venticles were insuppressible in spite of incessant prosecution. 

Equally numerous were the prosecutions for cases of assault and robbery 
the law's name for the 'rabbling' of unpopular conforming ministers. Endea- 
vours to find any workable compromise were essentially unsuccessful : the 
indulgence of 1669, not by any means abortive, was equally condemned by 
the covenanters and by the episcopalian synod of Glasgow ; its repetition with 
modifications in 1672 gave no hope of efficient result. Over all, however, 
there was little persuasion ; force was the remedy invoked behind all the 
indulgences, although the more violent manifestations of persecution were 
reserved for a later administration. Lauderdale was to discover that his 
concessions were no effective bribe and that compromise was impossible. 
And there were other than covenanter malcontents. Roman Catholicism 
had its vehement votaries, and even the Quakers persisted like the Catholics 
in following their own creed despite the Acts of Parliament and Council. 

Trade subjects were rising in importance, and, above all, trade with 
England and Ireland. The Scots were eager to get Scots goods into 
England and to keep Irish horses, cattle, and victual out of Scotland. The 
protection of native salt, the promoting of a Fishing Company, the 
regulation of printing and bookselling privileges, the improvement of roads, 
the suppression of disorders in Edinburgh, Rutherglen, and Linlithgow, and 
in the Orkney Islands, and the continuance (with considerably abated zeal) 
of witchcraft proceedings are among the themes singled out for treatment in 
the introduction. Monopolies were continually being defied. A typical 
instance may be given. The Company and Society of Fishing in 1670 had 
obtained a prohibition against any but themselves from exporting herring or 
white fish, but Glasgow ships named the Peter, the David, the Henkar 
Voyage, the Mareon, and the Mary, and a Saltcoats ship named the Provi- 
dence, were all convicted at one time in 1672 of carrying cargoes of herring. 
The provost of Glasgow (Wm. Anderson) and other merchants on the 
Clyde were fined 100 merles per last of herring exported. 

Among miscellaneous papers forming an appendix there is an interesting 
letter in 1669 to the 4 old proveist ' of Glasgow, George Porterfield, then 
resident with his wife in Amsterdam. He held office in 1652. The letter 
from John Martin makes interesting reference to the current troubles, and 
declares *O if the olde proveist might ere he dy be invited home to rule in 
that poor citie . . . that wolde be a day of refreshing.' Another letter to 
' Mistresse Porterfield ' in 1672 is from John Brown, who dates from Middle- 
burgh, and is evidently Brown of Wamphray, then minister of the Scots 
church at Rotterdam. 

In previous notices of these registers ithe remark has been repeated that 
the romantic and adventurous spirit of the older chroniclers survives unim- 
paired in these later records. 

As an instance there may be taken the narrative of the riot at the St. 

Frere : Visitation Articles 299 

James's fair in the burgh of Forfar in 1671 contained in cross-charges by 
and against William Gray of Hayston, claiming the office of constabulary. 
He and the magistrates both claimed the right to proclaim the fair. The 
latter proclaimed it ' both at the mercat crose of the said burgh and upon 
the know called the Horseman's Know in the Muir of Forfar.' An 
attempt to disperse the assembly led to an armed conflict of bodies of horse 
and foot, with halberds, swords, muskets, guns, and pistols, after which 
Gray went from the * muir in a most hostill triumphing and insulting 
manner ' to proclaim the fair over again in his own name. Interesting 
points of law and history were involved. On the one hand, the Gray 
family had held the hereditary offices of sheriff and constable with the castle 
hill attached as a pertinent of the constabulary, and, on the other, the burgh 
had had its whole burghal privileges confirmed by charter in 1669, includ- 
ing the ' weekly mercat and yeerly fairs.' Gray prevailed ; Provost, bailies, 
councillors, and others of the burgh party were fined ; and on the counter- 
charge Gray and his company, including the sheriff-clerk of Forfar, were 
assoilzied. Among the commissions of fire and sword granted in 1672 
against outlawed Highlandmen is one against M'Leod of Assynt, and a host 
of allied M'Leods, M'Neills, and other clansmen, whose offences included 
that of * intercomoning with the Neilsones alias the Slichten Abrach.' 

Shipping incidents are many, such as the adventure of the Golden Salmond 
of Glasgow, partly owned by Provost Anderson, setting out on a maiden 
voyage to Cadiz and captured * by a Turkish man of warr near Salzie ' 
which recalls the Sallee rover of Robinson Crusoe. Other Glasgow ships 
mentioned are the Merchant, the Glasgow, the Rainbow, the David, and 
the Dolphin. A staple export carried consisted of vagabonds and * egyptians ' 
under the then prevalent sentences of transportation to the American 
plantations. Specific destinations of such cargoes are the Barbados, the 
* Caribbie Islands,' and Virginia. 

But enough has been said to illustrate the wealth of interest there is in 
these varied annals. Too little has been said in thanks to the editor for his 
introductory analysis, which lucidly and with well-chosen illustrations 
points out the prominent features of that time of ecclesiastical coercion, 
of expanding commerce, and of steady decrease in domestic violence. 


TION. 3 vols. Edited by Walter Howard Frere, D.D. Alcuin Club 
Collections XIV., XV., XVI. London : Longmans, Green & Co. 

IT is probable that this work will be read only by those who already are 
acquainted with the story of the religious changes that marked the sixteenth 
century in England. Yet to such persons it will come as a revelation of a 
great deal that is new and unexpected, and which could not be obtained 
from ordinary historical treatises. It sets forth, with the clearness peculiar 
to original documents, the constant and manifold upheavals of the period. 

300 Frere : Visitation Articles 

The shifting of theological positions, the blank denials of past traditions, the 
fierceness of the Marian reaction, the attempts to reconcile opposing elements, 
as well as the domestic evils and abuses of the Church, are all vividly pour- 
trayed in these volumes. 

Limitations of space make it necessary for us to confine ourselves here to 
the introduction, which opens with a general treatment of the growth and 
development of Episcopal visitations and their relations to those of arch- 
deacons. Mr. Frere then proceeds to a consideration of the practice as it 
prevailed in England from the seventh century down to the time of 
Archbishop Parker. 

Of special interest to the student of medieval life will be the sections 
which are concerned with the difficulties of bishops with regard to the 
monastic houses and cathedrals in their dioceses. In some respects the 
problem that faced the sovereigns of the Middle Age viz. that of over- 
coming the forces of decentralisation found a parallel in the task of con- 
temporary bishops in enforcing their right to visit abbeys and cathedral 
chapters, and in resisting claims to exemption that were often based on 
forgeries or documents deliberately tampered with. Much valuable infor- 
mation as to the struggles involved by the clashing of the various interests 
concerned, together with an account of Grossetete's achievement in 
re-establishing the Episcopal right, will be found in 15-23. 

But the most important feature of the introduction is contained in 25, 
which treats of the Royal Visitation of 1535. We are reminded that this 
was a necessary outcome of a new condition of affairs ; but stress is laid 
upon its revolutionary character. Although royal intervention in ecclesiastical 
affairs was as common before as after the Reformation, it was reserved for the 
sixteenth century to substitute, in England, the jurisdiction of royal visitors 
for that of the Ordinary. This change marks the beginning of that lack of 
spiritual independence in spite of which (and this is the marvel of English 
Church history) the Church of England has maintained and manifested a 
vigorous and progressive life. 

Those who are still accustomed to think of Edward VI. as a patron and 
promoter of popular education will find reason to change their opinion after 
reading 27. The truth is that his reign was marked by a rapacity for 
Church revenues and treasures that was far greater than any desire for 
educational progress. It is always easy to win a good name by spending 
public money rather than one's own, and what Dr. Frere has written bears 
out some words of Professor Pollard which are worth quoting : 4 The greatest 
damage was done to the cause of education. Edward VI. 's grammar 
schools have gained him a reputation as a founder beyond that of any other 
sovereign and far beyond his own or his advisers' merits.' 2 9~32 furnish 
a striking picture of the difficulties of the bishops in the chaotic years that 
followed the accession of Elizabeth, and there is a sympathetic reference 
to the conservative wisdom of Archbishop Parker. 

It is to be hoped that these volumes will meet with a careful and wide 
study, for it would be difficult to speak too highly of their worth, or to 
over-estimate their usefulness to students. 


Exchequer Rolls of the Jews 301 

1273-1275. Edited by J. M. Rigg, of Lincoln's Inn, Barrister-at-Law. 
Jewish Historical Society of England. 410. Pp. xxiv, 363. Edinburgh: 
Printed for the Society by Ballantyne, Hansen & Co. 1910. To 
Non-members, i6s. 

IT is very appropriate, amid all the attention that has been given in recent 
years to the editing of documents illustrative of our medieval history, that 
the obscure condition of the Jews in the thirteenth century should have 
been taken in hand by a body of experts like the Jewish Historical Society 
of England. Since Henry Cole produced his folio volume for the Record 
Commission in 1844, little had been done to throw much-needed light on 
the vicissitudes of this long-suffering race till Mr. Rigg and his fellow- 
members took the matter up in earnest a dozen years or so ago. Scholars 
are familiar with his volume of selections from the Plea Rolls of the Jewish 
Exchequer 1244-1272, issued in conjunction with the Selden Society, 
which has done so much to illustrate a department of the history of English 
Law hitherto unexplored. From this volume a great deal was learned of 
the proceedings of the Justiciarii Judaeorum who held the rank of Barons 
of the Exchequer, and had cognizance of Jewish affairs in the matter of 
revenue, contracts between Jews and Christians, and in all causes touching 
their goods, fines, and forfeitures. 

As a preface to this volume the editor has reproduced a revised reprint 
of a paper read before the Jewish Historical Society and published in the 
Jewish Quarterly Review in 1902, and he has been well advised in doing 
so. The survey of the peculiar position held by the Jews in England in 
the thirteenth century and of their relation to the social, industrial, and 
commercial fabric makes a fitting introduction to what must be, except to 
a few enthusiasts, a somewhat dry and uninviting record. Students of 
special departments of English antiquities will wade through the numerous 
pleas, most of them very short, which make up the record for the years 
1273-1275, in search of the information in which they are interested, but 
perhaps a larger number will read the preface alone in their desire to get 
an intelligible idea of the place that the Jews filled in English life, and how 
matters fared with them from time to time. It needs no argument to prove 
that Mr. Rigg's preface will meet every legitimate claim of this kind. His 
treatment of the subject is at once full and impartial without going into 
unnecessary details. It is easy to understand, after perusing these few 
pages, how the ill-favoured tradition embodied in Shylock arose, and how 
the cast-iron laws of early feudalism were in a large measure responsible for 
its creation. The Jew developed his idiosyncrasy for usury under the 
remorseless pressure of necessity. 

There is one notable feature in the pleas recorded in this volume worthy 
of mention. The Jews seem to have been scattered everywhere in 
England, or rather pushed their financial operations far and wide, except in 
the counties adjoining the Scottish Border. One knight in Northumber- 
land and another in Cumberland seem to sum up the dealings of the four 

302 The Alcuin Club Collections 

northern counties with the community during the period under review. 
The nearest station was at York where they had an important lodgment. 
Aaron, the Jew of Lincoln, a famous banker, had plied his craft in the 
previous century with disastrous results to many magnates in these counties, 
the proceeds of which afterwards found their way into the royal exchequer. 
No doubt northern merchants resented their intrusion, for we find the good 
men of Newcastle-upon-Tyne paying the king a fine of 100 marks in 1234 
that no Jew henceforth shall remain or make residence in their town. 

The editor gives the satisfactory assurance that the rolls have been gone 
through twice, a laborious undertaking, so that there is little likelihood that 
any pleas of importance have been omitted. It is a matter of taste whether 
it would not have been better to have left the pleas untranslated. Anyhow 
we have them in English, and a good index of persons and places, compiled 
by the Rev. S. A. P. Kermode, is a welcome addition to the volume. 


ALTARS. Selected and described by Percy Dearmer, M.A. Pp. 21 1. 
8vo. London: Longmans, Green & Co. 1910. 2 is. No. XIII. 
Cuthbert F. Atchley. Pp. xxix, 404. With numerous Illustrations. 
8vo. London: Longmans, Green & Co. 1909. 3. No. XVII. 
SCOTTISH LITURGY. By F. C. Eeles. Pp. xi, 175. 8vo. London: 
Longmans, Green & Co. 1910. ji. 

THESE three handsome volumes are replete with interesting and accurate 
information on subjects where a little real knowledge would have spared 
the world a great deal of unnecessary and disturbing controversy. 

The first, though dealing primarily with the Gothic altar, throws a 
great deal of light on the * ornaments of the church and of the minister ' as 
these might have been seen throughout all western lands in the fifteenth, 
sixteenth, and early seventeenth centuries. 

To the selected plates are added brief Notes explanatory of each ; but it 
scarcely needs these to enforce the lesson taught by the entire series of 
pictures that in the great periods of ecclesiastical architecture, when the 
altar was the focus of the church, to which all the lines of the building 
converged, the altar itself, while richly vested, was neither dwarfed by 
ungainly erections behind it, nor overloaded with ornaments placed upon it; 
and as a consequence stood out with all the greater dignity. Now that in 
Scotland the desire is rising in all our churches to beautify the interior of 
our sanctuaries, it is very desirable that the well-meant mistakes which led 
astray so many of the pioneers of this movement in England should be 
avoided ; and we know nothing better fitted to guide both architects and 
clergymen to good taste and genuine ' correctness ' in these matters than 
the study of Mr. Dearmer's volume. 

In the second of the above-mentioned books, Mr. E. G. Cuthbert 

The Alcuin Club Collections 303 

Atchley discusses with ample learning the whole history of the use of 
Incense in Divine Worship, first in pre-Christian times among Jews and 
pagans, and afterwards in the Christian Church. 

The results of his investigations are in many ways surprising. It is, to 
the present writer, a painful surprise to find a member of the Alcuin Club 
speaking as he does of many incidents in the Old Testament, in regard to 
which one would have expected to find in such a quarter a fuller belief in its 
inspiration and a far more reverent use of it. But if Mr. Atchley here out- 
does the most extreme apostles of the Higher Criticism, he surprises us 
again, and much more pleasantly, when he comes to deal with the use of 
incense in the Christian Church. He admits at once that the earlier 
Fathers would have none of it. To them, as to the Puritan, it was either 
a Mosaic ceremony which was done away in Christ, or a pagan rite asso- 
ciated with the worship of devils. The prophecy of Malachi, the texts in 
the Apocalypse, which have been quoted in support of its Christian use, the 
early Fathers interpreted symbolically. And then comes the great surprise 
of all the introduction of incense in the Church. When, after the triumph 
of Christianity, incense did begin to be used by Christians, in what shape 
did it come in ? It was borrowed, not from any religious rite, but from a 
social custom ! Triumphant generals, returning from some victory over 
Goth or Persian, were received with palm branches and garlands, with pipe 
and song, with torches and incense. Even such were the accompaniments 
deliberately adopted by the Church for her funerals. She copied in the 
obsequies of her departed a triumphal procession. She would celebrate a 
victory, not a defeat, and it was at funerals that the ecclesiastical use of 
incense first came in. 

The whole book is most interesting, and the author's conclusion is 
moderate and sane. A ceremony long and widely adopted in the Church, 
he pleads, is not condemned by the fact that Jews or heathens have used it, 
so long as it is innocent in itself, and connotes no heretical doctrine. On 
the other hand, its disuse need not be construed into the abandonment of 
any fundamental truth. 

To Scotsmen, however, by far the most interesting of the three volumes 
is that which we owe to the research of Mr. Eeles. Most of the customs 
with which he deals are connected with the ' Scottish Communion Service ' 
of the Scottish Episcopal Church, which he describes, not unjustly, as * the 
best liturgy in the English language, and the product of a time when 
Scottish Episcopalians were groaning under the severity of the penal laws.' 
The bishop, with whose name it is pre-eminently associated, though 
he did not live to see it in its final form, Thomas Rattray (1684- 
1743), though as a Perthshire laird he lived in comparative comfort, 
could not venture to dress as a clergyman (!); and when, after his 
death, his celebrated work, The indent Liturgy of the Church of 
Jerusalem, was published, it was not deemed safe to give the bishops who 
subscribed for it any designation implying what they were. Their names 
are indicated simply by an asterisk. Rattray himself, in his portrait at 
Craighall, wears a blue coat with gold lace and gilt buttons. Yet these 
men, hampered (most of them) by extreme poverty and all by political perse- 

304 Foster : English Factories in India 

cution, built up a rite, simple at once and reverent, enshrining much of 
value that elsewhere throughout the Anglican communion disappeared 
under the * slovenliness of the late eighteenth and early nineteenth centuries, 
which was itself,' as Mr. Eeles says, * of the nature of an innovation.' 

It is in Aberdeenshire, among the native Episcopalians of that region 
a humble but sturdy folk that most of the usages described by 
Mr. Eeles survived. He might have added, had the scope of his book 
permitted, that several of those usages were observed also by the Presby- 
terians of the same district, at least in the more orthodox and conservative 
churches. The late Rev. Mr. Jankins, minister of Aboyne, explained to 
me in my student days his use of 'the credence-table'; and I remember well 
the late Very Rev. Dr. Hutchison, of Banchory-Ternan, telling me how, 
when he went to be minister of that parish I think about 1845 he used 
to find, on going to assist at Holy Communion in some of the neighbouring 
parishes, a bowl of water and a towel placed on the holy table, that he 
might wash his hands ere < taking' and distributing the elements; and the 
late Dr. Sprott found that the custom of mixing a little pure and clean 
water with the sacramental wine not indeed at the table, but in the pre- 
paration of the elements before had by no means disappeared from the 
Established Church. 

Mr. Eeles's book is more than the mere record of the peculiarities of a 
* remnant' however learned or devout. It is a study in the principles of 
Christian worship. It is a contribution to the Church history of Scot- 
land, calculated to fill us with respect for a section of our countrymen who 
were really learned, and who stood nobly by their principles amid sore 
discouragement. It deserves the attention in particular of all who long for 
such a healing of our ecclesiastical divisions as shall do justice to all that is 
sound and earnest in the religion of Scotland. 


Edited by William Foster. Pp. xxxix, 354. With Frontispiece. 
Med. 8vo. Oxford: Clarendon Press. 1910. I2s. 6d. nett. 

THIS is a further instalment of the valuable and admirably edited documents 
relating to the English Factories in India, from 1630 to 1633. The 
materials available have been supplemented by the 'Surat Factory Letter 
Book,' which is preserved in the Bombay Record Office. The period 
covered by the documents is one marked by some recovery from the 
depression, which had weighed on the East India Company's affairs at 
home ; but, unfortunately, these improved prospects were spoiled by a most 
severe famine in India, which is described with great detail by eye-witnesses 
in several of the documents in this volume. Sad as these particulars are, 
they are worthy of mention as showing the terrible devastation during a 
time of scarcity in India under native rulers, and with measures of relief 
but little organized. At Swally, out of 260 families, only 10 or 1 1 

Lawson : The Kingis Quair 305 

survived ; at Surat, it is said that ' we could hardly see anie livinge persons, 
. . . and at the corners of the streets the dead laye 20 together,' while the 
total mortality in this place was estimated at 30,000. After the famine 
there came great floods, and * the faire fields are all drowned, and the fruits 
of the earth cleane washed away with these waters.' 

Friction with the Portuguese continued, and there is a vivid picture of a 
fight at Swally in 1630, which is of interest, since previous English victories 
had been at sea. On this occasion the Portuguese landed and demonstrated 
against the English encampment, covered by the fire from their ships. The 
English, < being stirred up to a high measure of furie by the howerly 
vexations and braveing of the enemye,' attacked ; and, ' such was the 
obstinate rage of our people,' that the Portuguese gave ground, while the 
victors pursued them to within pistol shot of their frigates. 

The Company still found it difficult to maintain order amongst its 
servants in India and to check private trade. Complaints were made 
against John Willoughby that he had caused the Company great expense 
' for want of discreete compleing with the king's gunner about saltpeter,' 
also for < his breaking open the tarras aloft, where below in a roome the two 
padres luggage was housed and his ransacking all these, to the Company 
and our nacion's great dishonour.' 

The factors were in the habit of writing to the office at London with 
considerable force and freedom. They mention, on one occasion, that it 
was common report that the officials at Surat could not trade as they 
wished, 'for feare of giving discontent to that rogue, their governor.' 
Again there are frequent references to the advantage gained by the Dutch 
and Portuguese in having forts for the protection of their servants ; if the 
English were similarly protected l we should make all these parts stand in 
awe of us and bring them almost to what condicions of trade we would, 
and not suffer ourselves to be thus grosly abused and insulted over by these 
villaines.' W. R. SCOTT. 

tion, Notes, Appendix, and Glossary, by Alexander Lawson, Berry 
Professor of English Literature in the University of St. Andrews. 
Pp. xcv, 169. With Illustrations. Demy 8vo. London : A. & C. 
Black. 1910. 6s. nett. 

PROFESSOR LAWSON'S book is a new and welcome proof of the revived 
interest in earlier Scottish literature which is evincing itself at present in 
various movements. The book contains the texts of the * Kingis Quair ' 
and the ' Quare of Jelusy,' a critical introduction dealing with controversial 
questions, full and scholarly notes, and a glossary. 

The text of the * Kingis Quair ' has been the subject of careful investi- 
gation, and the editor presents it in two versions, a method invaluable to 
scholars. One of these is as in the MS., the other with the emendations 
suggested by himself, or adopted from other scholars. As good examples of 
the former, we might note the reading 'scele' (skill) for 'scole' in 
stanza 7, and 'byndand' for 'bynd and' in stanza 107. 

306 Lawson : The Kingis Quair 

The chief interest of the book lies in the Introduction, in Professor 
Lawson's attitude to the controversy as to the authorship of the * Kingis 
Quair.' In the earlier part we have good hope that the writer is to be 
the champion of the poet-king. He gives a detailed life of James the 
First, and appears to accept in a general way the tradition of James's 
literary propensities. When, however, he goes on to review the work of 
previous controversialists, and to add his own contribution, the case is 
different. He points out that in the title in the MS., the chief evidence 
in favour of James, there are statements which can be controverted. 
The book 'was callit the kingis quair,' but it is on this scribe alone 
we depend for the title ; the book ' was maid quhen his Majestic was 
in England,' but internal evidence contradicts this. Further, Professor 
Lawson appears to think that the poem is not coloured by the king's 
rank and environment, that its didactic tone is inappropriate, that, in fact, 

* there is little or nothing to suggest that the writer is a young king who 
has moved among royal personages and who has kingly instincts,' and 
he comes to the conclusion that * the verdict must be given, hesitatingly 
perhaps, yet given against tradition.' We have therefore one more opinion 
on a problem which, with the scanty evidence we possess, seems to defy 

Professor Lawson proceeds to compare the * Kingis Quair' with two 
poems, in the same mixed language, generally accounted somewhat later in 
date, viz. the ' Quare of Jelusy,' which is printed in the volume, and 

* Lancelot of the Laik,' a Scottish translation of a portion of the French 

* Lancelot du Lac.' He somewhat tentatively puts forward the suggestion 
that all three poems are the work of the same author, that we have a poet 
1 who partly translated a French romance in his youth, who was much 
indebted to Chaucer's "Knight's Tale," and was fired by the spirit of it in 
his higher moods, who extended his knowledge of English poetry and 
wrote the " Kingis Quair," and who finally, in old age, with failing power 
and no inspiration, wrote the " Quare of Jelusy." ' This ascription is the 
new and important contribution to the discussion, and is supported by the 
production of parallels found in the other poems in content, form, and 
language, e.g. the dialogue with the bird in Lancelot is equated with the 
address to the nightingale in the l Kingis Quair,' and Lancelot's lament 
beginning 'What have I gilt allace, or what deservit,' with the poet's 
outpourings in the ' Quair.' 

Comparing it with the ' Quare of Jelusy,' Professor Lawson notes 
the dream form of introduction, and the seeing of the beautiful woman 
in the garden, and the didactic tone of the whole. He gives many 
instances of this kind, but it is a difficult type of evidence, for there 
was so much common to all Chaucerian imitators that a great deal of 
similarity in thought and phrase must be discounted. Professor Lawson 
admits the immense superiority of the 'Kingis Quair.' But it tells 
against his argument that in neither of the other poems, and the Lancelot 
is over 3000 lines in length, is there anything to compare with the finer 
parts of the * Quair.' And the exquisite and detailed beauty of the 
description of the lady, with its love of jewels and colour, finds no parallel 

Marriott : Political Institutions 307 

in the other poems, although both offer opportunities for similar de- 

The argument based on peculiarities of language in common has weak 
points, e.g. such arguments as that based on the appearance in * Lancelot of 
the Laik' and 'Kingis Quair' of 'dedeyne,' 'hufing,' and 'cowardye* 
(* elsewhere uncommon words'), is barely convincing when we find that 
4 dedeyne ' is used by Barbour, Henryson, and Douglas, and ' hufing ' and 
1 cowardye ' by Barbour and Douglas. In fact this argument can be used 
for the opposite purpose, that of widening the gulf between the 'Kingis 
Quair ' and the other poems. Thus, two favourite and characteristic words 
of the middle Scotch writers, viz. * amene,' pleasant, and ' feill ' in its peculiar 
sense of knowledge or apprehension, are found in * Lancelot of the Laik ' 
and in the c Quare of Jelusy,' but not in the ' Kingis Quair ' ; of these the 
first seems to have been popularised by Dunbar and Douglas, while * feill ' 
is found in Henry's ' Wallace,' Dunbar, Douglas, and Lyndesay. Again, 
Professor Lawson places * Lancelot of the Laik ' first in chronological order, 
but the vocabulary seems to support Professor Skeat's arrangement, which 
places it after the * Quare of Jelusy,' although by the same author, and 
both of course after the * Kingis Quair,' for the ' Lancelot ' contains more 
words of a later type peculiar to the Dun bar-Douglas group of poets ; such 
are * pens,' to think, which is found in Henryson, Dunbar, Rolland, 
and Lyndesay, and ' crownel ' and l upwarpith,' the use of which it shares 
only with Douglas. 

Such controversial suggestions, as that which Professor Lawson offers, 
are welcome, for if they do not convince they stimulate interest, and in the 
field of Scottish literature that is much to be desired. On the non- 
controversial side we owe him gratitude for his careful investigation of the 
MSS., and his scholarly annotations ; and for the valuable summaries of 
evidence, the interesting historical detail, and the fruitful literary com- 
parisons, of the Introduction. MURIEL GRAY. 

Marriott. Pp. viii, 347. Crown 8vo. Oxford : Clarendon Press. 
1910. 43. 6d. 

MR. MARRIOTT, wisely appreciative of the public's need of guidance in the 
elementary facts of the system under which they are governed, has pub- 
lished the substance of his college lectures in a little book that is well- 
arranged, interestingly written, and likely to prove useful. A text-book 
such as this is welcome intermediate in size between exhaustive treatises 
on the one hand and condensed epitomes of obvious facts upon the other. 
The promise of originality of treatment suggested in the preface, however, 
would seem scarcely to be substantiated by results. Mr. Marriott's method 
of exposition cannot be said (as he seems to claim) to open up a new and 
more seductive avenue to the study of English institutions, or to provide a 
new and more scientific basis for the study of English politics. That 
method, indeed, of beginning with organs of government as they exist at 

308 Marczali : Hungary 

the present day, and afterwards tracing their connexion with the past, is as 
old as the days of Blackstone and De Lolme, and has never been without its 
exponents among publicists down to the days of Anson, Bryce, and Redlich. 

Mr. Marriott, it is needless to say, is a well-informed writer ; but he 
would appear occasionally to be unaware of some of the most recent 
discussions of medieval constitutional phenomena of quite minor impor- 
tance, it is true, so far as the purpose of the present work is concerned. 

It would be easy to indicate numerous topics that have been omitted, 
yet there is hardly any part of the substance actually incorporated that 
could be expunged without loss to the educational value of the work. Mr. 
Marriott, judged by this practical test, would seem to have shown good 
judgment, on the whole, in the selection of material, if we accept some 
350 pages as the desirable limits of a survey designed to include brevity as 
one of its chief merits. The book offers an admirable introduction to a 
subject of universal interest. WM. S. M'KECHNIE. 

an Introductory Essay on the Earlier History of Hungary by Harold 
W. V. Temperley, M.A. Pp. Ixiv, 378, with Map. Demy 8vo. 
Cambridge : University Press. 1910. 75. 6d. nett. 

THIS is the first Hungarian work of original research to be translated into 
English. Its author, the distinguished professor of National History in the 
University of Budapest, was invited by the Hungarian Academy of Science 
to write a history of Hungary in the time of Joseph IL, emperor of 
Germany and king of Hungary 178090. 

Maria Teresa had been prudent, conservative, and tactful. Her son was 
a reformer, conscientious, indefatigable, eager for progress, filled with the 
philosophical ideas of the eighteenth century, and determined to make all 
his subjects enlightened and happy without delay, and even against their 
will. But in Hungary he did not succeed. Hungary was, as she still is, a 
nation the one whole nation in the Hapsburg dominions. For eight 
hundred years, in spite of the incursions and conquests of Turks, Russians, 
Germans, and other neighbours, she had preserved her individuality and her 
language with extraordinary tenacity. In the eighteenth century her 
social order, her institutions, her ways of life, were still her own, and, 
alone in Europe, still largely of the Middle Ages. With a prejudiced and 
ignorant patriotism she stubbornly and successfully resisted change. 

Joseph wished to centralise her institutions generally, to organise the 
courts of justice, to introduce the German language, to abolish serfdom, to 
extend education, even to regulate dress worst of all, to revise the register 
of property, to equalise taxes, and to reform the Church. Hungary's 
resistance was passive, but inflexible. Her political system was full of 
abuses, but it was her own. Her officials were robbers and kept the 
people miserable ; but she said, if they had been guilty of the seven deadly 
sins, she elected them herself, and preferred them to angels from heaven 
nominated by the Emperor. The local governors did not refuse to obey 
His Majesty's orders j they put his letters away unopened. 

Marczali : Hungary 309 

To carry out his reform*, Joseph caused investigations to be made into 
the condition of the country, its laws and customs, its social, economic, 
religious, educational, and agricultural affairs. The Hungarian Walter 
Scott, Maurus Jokai, has vividly presented the experiences of one of 
Joseph's agents in his novel Rab Raby, recently translated into English. 
The information was registered in a great collection of original documents 
now in the royal archives, not recording statistical information alone, but 
also responsible comment and analysis of the facts of this medieval and 
almost oriental state, made in loco and contemporaneously by modern 
Western officials. Before writing his history Professor Marczali devoted 
ten years to the study of this wealth of material, and, in addition, to the 
examination of county and family archives, and the MSS. in the national 
collections. The work now translated, a picture of the strange, old-world 
society which the Emperor encountered, is the fruit of that labour and the 
preliminary to Professor Marczali's History of Hungary in the Reign of 
Joseph II. Not that medieval society in Hungary had been in all respects 
unchanged for 500 years. On the contrary, the Renaissance and the 
Reformation had deeply affected the two principal elements of national 
life, the nobility and the Church. Nevertheless, like the United States for 
the study of primitive ethnology, Hungary has for the student of the 
Middle Ages, as it had for Joseph's bureaucrats, the inestimable advantage 
that much of the material for examination survived in action, if not to 
living view, almost to within living memory. Professor Marczali's work i? 
a study, from original sources, of European medieval institutions and 
society in Hungary observed and recorded as still existing. The record at 
his disposal was not a palimpsest. The phenomena had not yet been, as 
elsewhere, overwritten and effaced by modern civilization. 

In his introduction the author briefly sketches the political position, 
when the Turks, after 145 years' possession of the great Hungarian plain, 
had been expelled by German armies, while Hungarians stood sullenly 
aloof, or aided the Infidel, whom they feared less than the Austrian ; and 
when the struggle with Austria began which lasted till Hungary's inde- 
pendence was regained. He devotes a chapter to the social system, with 
it conceptions of status, of right, and of property, resting, not on abstract 
justice or public economy, but on conquest. He describes the nobles, the 
descendants of the Magyar conquerors of the country, whose estates com- 
posed the whole of it, who were the nation (freeman and noble being 
identical), and who made and administered its laws ; the town-dwellers, 
chiefly alien both in nationality and language ; and the serfs, the 
descendants of the conquered, better off, Professor Marczali thinks, than 
their contemporary serfs in France, supporting the whole social edifice, but 
having no share in its government. Another chapter is devoted to economic 
conditions. The system of taxation is described, under which, except in 
o far a* they might be slightly affected by the price of salt, the temporal 
and spiritual nobility paid no taxes at all, direct or indirect. These burdens 
were borne by the mittra cvntribuent plebt. The system of cultivation and 
pa^turag?, the domestic industries the fair*, the roads, the river navigat" 
Austria s tariff restrictions and the effects of her general commercial 

310 Theodora Keith : 

oppression of Hungary, are presented to view. There is a chapter on 
Nationality, describing the various races in the land and their inter- 
relations. There is another on the Church. The yoke of the Turks, 
indifferent to Christian sects, allowed more religious liberty than that of the 
Austrian. Hungary was, and still is, largely Protestant, and the Protestant 
chiefly Calvinistic, the Lutheran doctrine being associated with the hated 
German ; while, as in Scotland, the stubborn spirit of Calvinism fortified 
the hereditary passion for liberty ; and the Calvinist was sometimes found 
allied with the Moslem to resist the Roman Catholic Austrian. 

Mr. Temperley's masterly Introductory Essay is an appropriate and 
most needful adjunct to the book. With its help the English reader can 
in this work study the popular meeting in the Rakos (the Hungarian 
ayo/oo), its echoes scarcely yet silent ; a free people conservatively 
perpetuating government by a single chamber in which the Magnates 
could be outvoted j and those most characteristic institutions of Hungary, 
the county system and the county assembly. Mr. Temperley, like Pro- 
fessor Marczali, finds more than one suggestive parallel to English history 
in that of Hungary, where, for example, Absolutism, successful in all other 
countries, was resisted, as it was here. 

Those who know the subject best will best understand the immense 
difficulties of giving English readers a clear notion of Hungarian history 
and an adequate translation from the Hungarian language, both difficulties 
so happily overcome in Mr. Temperley's Essay and Professor Yolland's 

This volume will inspire its readers with a keen desire that it may be 
followed by Professor Yolland's translation of the History to which it is 
the illuminative introduction. ANDREW MARSHALL. 

By Theodora Keith. 8vo. Pp. xxiii, 2IO. Cambridge University 
Press. 1910. 2s. nett. 

THIS little work by a young Scottish student is the first number of a series 
of Girton College Studies, and has a preface by the Rev. Wm. Cunningham, 
D.D., who congratulates Miss Keith on her success in so dealing with 
a mass of material as to bring out the importance of much careful detail. 
The congratulations seem to us to be well-earned, for the essay presents 
the story of Anglo-Scottish commercial relations, oppositions, diplomacies, 
and hostilities in such a manner as to prove not only that economic history 
has as much adventure in it as political history, but that the seventeenth 
century, with its awakening of Scots industrialism, offers many attractions 
from its inherent interest, while at the same time it reveals the Scot in his 
new character as a world-trader. Slow to essay that role, he was quick to 
develop its possibilities once he had discovered them, and Miss Keith has, to 
a considerable degree, the honour of leading the way in a branch of history 
which must grow in importance the more it is realised that industrialism 
meant a vital change of the political and social nexus both of men and 

Commercial Relations 311 

peoples. For it altered equally the domestic and external relationships 
of Scotland. 

The effects of the Union of 1603 were peculiar. They went through 
various phases, and the final state of the matter left no alternative between 
some such Union as that of 1707 (whether to be the result of treaty or 
of conquest) on the one hand, and on the other hand the disjunction of 
the kingdoms. 

It was not merely the question of free trade between them ; still more it 
was the right of trade with the American Plantations and with the 
Continent that made the incompleteness of the Union of the Crowns a 
grave menace to British peace. That England was ungenerous and 
shortsighted to the last degree can hardly be disputed, but Scotland was 
as persistent, unscrupulous, and resourceful in nullifying English attempts to 
shut her out of profitable markets. In the first half of the seventeenth century 
Scottish development was slow, and the rather grasping policy of England 
was not so keenly felt and resented as it was after the Restoration, 
when Scotland had begun to make rapid progress. The Cromwellian 
incorporating Union proved to England that Scotland was not self- 
supporting, and when the Restoration came both countries hastened to 
undo the knot that Cromwell had too harshly tied. Then England 
built up a protective system especially designed to maintain a monopoly 
in the Colonies, which the Scots, by countervailing duties and otherwise, 
unweariedly strove to subvert. Smuggling became a principle. The 
Scottish 'interlopers' achieved no small success in evading the English 
Navigation Acts, but the growing stringency of the English company 
privileges was a leading motive for the Darien enterprise, the failure of 
which, not a little induced by English hostility, was indirectly a powerful 
influence in that nearer and completer Union which King William 
advocated and Queen Anne's ministers achieved. 

The long struggle of half a century made by the Scots to secure equality 
of trading rights is well illustrated by concrete examples, of which Glasgow 
furnishes not a few. The 'interloping' trade found convenient ports 
on the Clyde, and the rum and tobacco traffic, to which the essential 
mercantile origins of Glasgow are often referred, fell largely into Scottish 
hands, in spite of incessant efforts to put it down. Holland and France 
had been Scotland's chief customers; now there was war long drawn 
out with both. Scotland complained that too big a share of the cost 
and loss fell on her, and that when peace was being made there was 
no concern for Scottish interests. England tried in vain to bottle up 
her wool ; there was always some new way whereby the Scots defeated the 
prohibition to export. Scotland was advancing rapidly. Prior to 1668 
imports from England far exceeded the exports, but in the last decade 
of the century the export exceeded the import by 10,000. 

A final indication of the keenness of the Scots traders appeared in their 
adroit speculation at the Union. They laid in large stocks of French 
wines, paying the low duties current in Scotland : they saw that the Union 
treaty would enable them to carry them over the border, at greatly en- 
hanced prices, into England, where direct imports from France were shut out. 

312 Keith : Commercial Relations 

Miss Keith is a welcome addition to the ranks of those who regard 
the economic aspect of history as the most important side of Scottish 
annals. The school almost threatens to claim a monopoly which the 
true Scot will as heretofore resist. But its view of the relative values 
of history can be maintained for periods previous to 1600: before 1700 
it has become indisputable. It is no dismal science with Miss Keith, 
who herself sees and lets others see life and entertainment in the subject. 
We trust she will be encouraged to prosecute lines of study so full of 
promise. Her booklet is an admirable beginning. Of course, its brevity 
explains and excuses much foreshortening of internal facts, such as those 
showing that the Scotsmen's defiance of English excise and custom laws 
elsewhere was no greater than their evasion of their own laws at home. 
Whether the Scottish administration forbade exportation of salt, or fish, or 
coal, whether it prohibited importation of horses or victual from Ireland, 
whether it interdicted the incoming or outgoing of wool or copper coins, 
or whether it conceded monopolies in more or less common manu- 
factures, the air was hostile ; the Scots were never willing to * prejudge 
their owne inhabitants' when it was 'for the particular of a stranger 
and his monopolie ' ; so that, almost uniformly, effect was frustrated by 
inability to enforce. The fiscal establishment was inadequate, and the 
merchant spirit intolerant of restraint. Export of food-stuffs in time of 
dearth sometimes underwent * the country people's malison,' realised, as 
some thought, by shipwreck. In 1644 a new table of duties was 
denounced as an * ungodly, unlawful, and unusual act of excise.' 
Remonstrance some years later against salt taxes put on by Cromwell 
reaches a fine height of political invective against * the late Usurper.' 

Miss Keith closes with a useful bibliography of the chief sources used. 
A fuller bibliographical note would have marked, as characteristic of the 
last two decades of the century, the great increase in publications on those 
economic subjects and commercial enterprises towards which Scotland had 
now definitively turned. Her essay gives us some excellent outlines 
for future historical adjustment. It also leaves us pondering with Arch- 
deacon Cunningham how far trade rivalry contributed to throwing Scots 
and English into opposite camps in the civil war, and making them so 
radically unsympathetic even in peace and with a common cause. 


Elrington Ball, with an Introduction by the Very Rev. J. H. Bernard, 
D.D., Dean of St. Patrick's. Vol. I. Pp. Ivi, 392. With Illustrations. 
Demy 8vo. London : G. Bell & Sons, Ld. 1910. IDS. 6d. nett. 

THE mantle of the late Caesar Litton Falkiner, who was to have edited 
Swift's letters when his valuable literary career was cut short by sudden 
death, has fallen on a worthy successor. It is quite safe to say that few 
recent books, if any, have been so well edited as this one, or with so much 
wisdom and loving care. The edition is designed to be as complete and 

The Aberdeen Doctors 313 

reliable as possible, and no pains have been spared to make it so. Many 
sources have supplied letters first printed in this edition. The Forster 
MSS., Archbishop King's papers, the Cork MSS., and the Orrerry papers 
have all been laid under contribution, with the result that for the first time 
we are able to see almost the whole range of Swift's correspondence now 
extant, to gauge the variety of his humour, and to see as well the full beauty 
of his style no matter on what he wrote. Even the dubious Montagu 
letters have a place in this exhaustive work. The present Dean of 
St. Patrick's contributes an excellent introduction to the collected 
correspondence of his illustrious predecessor. He says everything he can in 
defence of Swift's character, indicates his belief in the reality of the secret 
marriage to Stella, and does not too much blame the Dean in the Vanessa 
episode. He points out the excellence of Swift's clerical rule, and insists on 
his real (if meagre) belief. He tries to show that Swift was not much 
more preferment-seeking than most ecclesiastics of his time and Church, 
glosses over his great coarseness, and, finally, emphasises his great capacity 
for individual friendship. It is an introduction which should be read by all 
admirers of the great Dean, and it is the finest and most reasonable apology 
for his manifest defects that has yet appeared. 


THE ABERDEEN DOCTORS. A Notable Group of Scottish Theologians 
of the First Episcopal Period (1610-1638) and the bearing of their 
Teaching on some questions of the present time. By D. Macmillan, 
M.A., D.D., Minister of Kelvinhaugh Parish, Glasgow. Pp. x, 320. 
Post 8vo. London : Hodder & Stoughton. 1910. 6s. 

DR. MACMILLAN has done well to unearth the ' Aberdeen Doctors.' They 
were a very remarkable set of men, and have been long forgotten are, 
indeed, unknown to many Scots people, who suppose that they are well 
acquaint with the main incidents and most notable personalities of their 
national history. The oblivion into which they have passed is, of course, 
the penalty of their practical ineffectiveness their failure to mould the 
religious thought and control the ecclesiastical movements of their day. 
They were not strong enough to do that. Their culture was so wide 
that they saw all round the burning questions that arose in their time, 
and could not give themselves to the hasty and violent solutions of those 
questions proposed by men, whose understanding of things was much 
narrower than theirs. They committed the unpardonable sin of refusing 
to sign the National Covenant of 1638, and for this they were driven 
from place and power, and became futile and pathetic wanderers on 
the earth. The learned and eloquent protests that they made against 
the tactics of the men of the Covenant fell upon deaf ears, and things had 
to take the course that stronger and less intelligent men were bent upon 
giving them. The Scots Church was not to be the tolerant, compre- 
hensive, pious, and peaceable institution that they desired it to be. 
It must assume the form that ruder and less cultured men, who could 
control the helm of State, saw to be necessary for the time. 

314 Terry : History of Europe 

Dr. Macmillan's story of the doings and sufferings of the * Doctors' 
is told in a lucid and interesting manner. He knows the period well, and 
has cheerfully faced the irksome task of digging into documents, where 
are entombed the dry bones of extinct theological controversy. He 
has brooked this task in the hope of fetching from the writings of the 
* Doctors ' some light that may illuminate the dark ways of present-day 
ecclesiastical dispute. This hope is a worthy one, and should not be 
disappointed ; but there is a grave peril attached to the writing of 
history that sets before it a polemical purpose. Dr. Macmillan has put 
into a number of compact appendices the main facts of the * Doctors' ' 
careers, and it is to these perhaps that the student of history will resort 
rather than to the chapters that set forth the significance and drift of these 
facts. The ' Doctors ' were, without doubt, as noble a set of men as this 
country ever produced, and their learning gave them a front place 
among the foremost savants of Europe in their day. Dr. Macmillan 
clearly establishes this, but the picture that he gives of them leaves 
them in the position of very thin shades. This may arise from lack of 
biographical material. But may it not be, that it is the doom of men 
who have to give their life to theological conflict, to part with the fairer 
and more interesting parts of their humanity. 

Cr. 8vo, pp. xv, 288. London : Routledge & Sons. 38. 6d. 

No more difficult task of compression can well be conceived than that of 
telling the story of medieval Europe in 300 pages without squeezing all 
juice out of it. Professor Terry has succeeded : his is a brisk and vigorous 
short history, in which such episodes as the Norse and Norman con- 
quests, the Crusades, and the Conciliar movement, receive their due place of 
emphasis in the close-packed record of a thousand years. Most readable 
and well indexed, it is a capital precis of the Middle Ages. 

F.S.A., Barrister at Law. Pp. vii, 64. With Illustrations. 4to. 
London : G. Bell & Sons, Ld. 1910. 35. 6d. nett. 

THIS slim tract deals with two events in Shakespeare's life. The author 
believes that the negative evidence, which he marshals, is (as Dr. Furnivall 
thought) against the view that Shakespeare and the other ' players ' took 
part in the Triumphal Progress of King James I. from the Tower to 
Westminster Abbey even though they each received a grant of royal red 
cloth for a suit. It was not so, however, at the funeral of King James. 
Then the 'Actors and Comedians ' walked in it clad in black, immediately 
behind c Baston le Peer the Dauncer ' and in front of the ' Messengers of the 

The other and more important point is the verification of Mr. Halliwell- 
Phillips's statement (accepted by Mr. Sidney Lee) that Shakespeare with the 
other Kings' players took some part in the festivities in honour of the 
Spanish Ambassador-extraordinary at Somerset House in August, 1604. 

Law : Shakespeare 315 

Mr. Law is convinced that he has established this by an entry, in the 
Accounts of the Treasurer of the Chamber, of a payment * to Augustine 
Phillips and John Hemynges for y e allowance of themselves and tenne of 
their fellowes His Ma ties Groomes of the Chamber and Players ' for their 
attendance on the Spanish ambassador for eighteen days. Phillips died in 
the next May leaving to his 'fellowe William Shakespeare a Thirty 
Shillinges peece of goold,' probably part of his pay. There are many 
interesting facts and conjectures about the lives of the Court Players when 
in Waiting added, all of which, deduced from contemporary accounts, are 
worth reading and considering. 

THE KILTARTAN MOLIERE. Translated by Lady Gregory. Pp. 231. 
Crown 8vo. Dublin : Maunsel & Co., Ld. 1910. 3$. 6d. nett. 

THIS is a sincere attempt to translate UAvare, Le medecin malgr/ lui, 
and Les Fourberies de Scapin into the colloquial form of English that is 
spoken at present in Ireland. The result is surprisingly vivid, and the wit 
by no means detracted from. One reads it with pleasure in spite of the 
unusual forms * Oh, you have me killed ! ' ' If this thief gets off, it is the 
churches themselves will be in danger'; 'Let you not come pushing your- 
self there,' etc., and an occasionally unknown or rare word. One of the 
chief interests of the experiment is the preservation of many forms of a dialect 
which has only been fully reduced to written form in this century by a 
devoted band of clever Irish-born enthusiasts. 

jl Good Fight, by Charles Reade (The original version of The Cloister 
and the Hearth^ with an introduction by Andrew Lang. 8vo. Pp. xii, 208. 
Oxford: Clarendon Press. 1910. Price, 2s. 6d. nett), is trebly welcome, 
first, as a good story as well as a good fight ; second, as the early form 
of Reade's classic novel, much developed subsequently ; and third, for 
Mr. Lang's breezy essay on the difficulty Erasmus, wise child though 
he was, must have had about the detail of his parentage, which furnished 
Reade with his plot. 

The Sources of The British Chronicle History in Spenser's Faerie )ueene. 
By Carrie Anna Harper (8vo. Pp. viii, 190. John C. Winston Co., 
Philadelphia. 1910. Price, one dollar). This is not the first of the 
Bryn Mawr College Monographs which has been welcomed (S.H.R. 
v. 476) for its contribution to the source-search side of English criticism. 
It is a dissertation presented for the doctorate in philosophy, and it 
deals with the whole of Spenser's incorporation of early British chronicle, 
as Mr. Wilfrid Perrett dealt with that incorporation (see S.H.R. ii. 461), 
so far as necessary for tracking the story of King Lear. The method 
of the present essay is not unlike that of Mr. Perrett. Its aim is to 
account for the rimed chronicle almost complete of British kings from 
Brutus to Cadwallader found in the Faerie )ueene, bk. II. canto 10 and 
bk. in. canto 3. 

Eumnestes sitting amid rolls, records, parchment scrolls, 

And antique Registers for to avize, 

316 British Chronicle History 

had amongst them 

An auncient booke, hight Briton moniments y 
That of this lands first conquest did devize. 

This primary chronicle was plainly enough Geoffrey of Monmouth's 
Historia Britonum, but Miss Harper's industry enables us for the first 
time both to detect the precise passages followed and to recognise to 
what a degree Spenser used other forms of the narrative than Geoffrey's. 
He made his story of mythical kings not simply a transcript of Geoffrey, 
but a rendering of Geoffrey cum Holinshed, Hardyng, and Fabyan, 
sometimes cum Stow and Camden too, besides others. Indeed, Miss 
Harper amply succeeds in letting us (especially in Canto 10, C A Chronicle 
of Briton Kings ') see, as she herself sees, ' Spenser not solely as a poet 
but also as a historian and chronicler and as an antiquarian.' Surpris- 
ingly complete is the process of the demonstration that Spenser handled 
Geoffrey's * matter of Britain ' with an antiquary's way of weaving 
in the collateral data, albeit he can scarcely have been critical enough 
to perceive that those side touches from other authors all sprang from 
Geoffrey's own rib. 

The essay is an instructive example of close textual collation, showing 
with logical and convincing clearness how faithful even in his romance the 
poet was to what then passed for historical authority. A clever sentence at 
the close of this patient and well-sustained thesis likens the poet to his own 
Eumnestes, among his worm-eaten books and documents : 

' Amidst them all he in a chaire was sett 
Tossing and turning them withouten end.' 

c Even so it would seem,' concludes Miss Harper, c Spenser himself must 
have worked.' It is perhaps hardly what might have been looked for in a 
poet's poet, but the citations, in long and exhaustive array, marshal them- 
selves into a case which will brook no gainsaying. 

The Clarendon Press has issued the Oxford Book of Ballads, chosen and 
edited by Mr. Quiller Couch (pp. xxiii, 871. 75. 6d. nett). The volume 
is beautifully produced, and brings into very convenient compass nearly two 
hundred ballads. 

Messrs. W. & A. K. Johnston have sent us a small Historical Atlas, 
containing 32 maps printed in colours, with Notes, Chronological Tables, 
and Index. The maps are carefully selected, and the work should prove 
useful for schools. 

The Tear Book of the Viking Club (vol. ii. 1909-10, pp. 80) consists 
mainly of reviews, but has some district reports, one recording and 
illustrating a ring-knot-work cross from Urswick, near Ulverston. Old 
Lore Miscellany (January) justifies its name by its gathering of Orcadiana 
of all sorts sheep-marks, place-names, charter-notes, topography, and 
biography. A first instalment appears of an account of the Sutherland 
bard, Rob Donn, written in 1826 but still unpublished. In Orkney and 
Shetland Records (vol. i. part ix.), containing several early deeds, there may 

The Viking Club 317 

be specially noted a will made in 1506 by Sir David Sinclair of Sumburgh. 
For the protection of his soul he says: 'I incal the blyssit Virgen Mare 
and the Sanctis in hevin.' Legacies include a * carvell,' an * Inglis schipe,' 
and a * litill schipe,' silver stoups of various sizes (e.g. l my best silver stope 
with sex stoppis inclusit in the samen'), sundry bits of jewellery, and 
articles of apparel. One legatee receives * twa nobillis and The Buk of Gud 
Maneris? The last item is editorially identified as the work printed by 
Caxton in 1487. The kindliest touch of all is this: 'Item, I leife the 
fruitis of my landis of this yeiris crope to the puir folkis.' The will 
was made in Latin, and is preserved in a notarial translation made 
in 1525. 

Not behind it in interest is a verdict of 1509, *ane ogane and a dome 
dempt at Saba and Toop,' in Orkney concerning pasture rights, etc., 
on Saba. It embraces the prohibition 'that na persone nor peirsonis sail 
intromytt nor tayk away nodyr erd nor stane gerss nor waitt, nodyr wark 
wattill wair noist wring nor ne wdyr manyr of thing of the grownd 
of Saba.' Except for earth, stone, grass, and * wair ' (seaweed), the terms 
are editorially owned to be a puzzle. 

The Carnegie Trust Ninth Annual Report for 1909-10, so far as dealing 
with the endowment of research in history, shows very creditable patronage 
of sound study the assisted themes including church history, Norse 
influence, and the Scottish Staple. 

M. Etienne Dupont returns to one of his many themes in La Participa- 
tion de la Bretagne a la Conquete de F Angleterre par les Normands (cr. 8vo. 
Pp. 50. Paris: Robert Duval. 1911). In spite of the hostilities between 
Normans and Bretons just before, Duke William was accompanied in 
his great expedition by a considerable Breton contingent. He received, 
however, no support from Breton religious houses, and made no post- 
conquest gifts to such houses. Nor apparently did the Bretons send 
ships in aid; at any rate, none figure in the ancient catalogue. The 
Bretons are, so to speak, mentioned in despatches from the field of Hastings, 
that is to say, the chroniclers tell much about them there. Their annals on 
this side have waxed dim, and M. Dupont has done piously by his country- 
men in following their careers and piecing together the misty and meagre 
record of their names, their deeds, and their fates. 

The English Historical Review numbers in its contents for October last 
an outline of the controversial passages between Henry VIII. and Luther, 
with pithy extracts, the text of a fine dating from 1163, and some fresh 
data on castle-guard, chiefly from Northumberland. Much odd matter 
from an old transcript of a journal in cipher by Thomas Venner, a leading 
conspirator, is assembled in an account of the Fifth Monarchy Insurrection 
in 1653-61. Letters sent to the British government from the continent 
are printed, giving the alarm of the intended rising in the Irish rebellion 
of 1798. 

In the January number the student of Viking times will find much 
sound fact grouped by Sir H. Howorth in his study of Ragnall Ivarson and 

318 English Historical Review 

Jarl Otir, whose piracies from A.D. 912 until at least A.D. 919 wrought 
fierce havoc in Britain, Ireland, and France. Mr. R. G. Marsden, dis- 
cussing early prize jurisdiction, touches on the admiralty rights of Scotland 
from 1603 until 1666. Sir E. Maunde Thompson sketches with high 
appreciation the great career of the archivist Leopold Delisle, who died in 
July last. Mr. G. G. Coulton prints an elaborate and business-like 
visitation of the archdeaconry of Totnes in 1342, containing many censures 
of the equipments of the churches. Mr. G. B. Hertz's article on Samuel 
Seabury, famous as a loyalist bishop in America during the Revolution, 
derives incidental interest from its tribute to the force and influence of 
Thomas Paine, whose reputation has risen of late years. But of course the 
central interest is in Seabury himself, who, rinding the Archbishop of 
Canterbury, John Moore, reluctant or dilatory to consecrate him, went to 
Aberdeen, where in 1784 he was ordained Bishop of Connecticut by John 
Skinner, Bishop of Aberdeen. Thus curiously by a Scottish consecration 
episcopacy was grafted upon North American soil. In a review Mr. 
H. W. C. Davis sets forth in a couple of pages the ordinances made for 
judicial combat by the charter-statute (fuero) of Cuenca in Castile at the 
beginning of the thirteenth century. 

The Modern Language Review, now in its sixth year, gains momentum 
as it goes. The value of its contents for critical literary study is well seen 
in the January number, which opens with a paper by Mr. Allan F. 
Westcott (of New York) on the poet Montgomerie. Coming out 
simultaneously with Mr. George Stevenson's very able preface to the 
new Scottish Text Society volume of Montgomerie's poems, the study 
by Mr. Westcott runs so parallel with Mr. Stevenson's that it would be 
difficult to resist the impression of contact between the two writers were 
it not for the silence of both. Each of them contributes excellent new 
matter for the life-history of King James's favourite, who was also probably 
his metrical tutor. In any case, such double study of the Scottish poet is 
an inspiriting fact : the old literature comes surely to its own. Messrs. 
Chambers and Sidgwick print thirteen more of the carols of blind John 
Audelay, circa 14.26. One of them treats priest, friar, old man, and knight 
as * al the foure astatis ' of holy church. It defines the duty of the last 
order thus : 

A kny3t schuld fe3t a5ayns falsnes 

And schew his monhod and his my3t 

And mayntene trouth and ry3twysnes 

And hole cherche and wedowes ry3t. 

An Italian version of the legend of St. Margaret the Virgin, and a very 
full criticism of M. Feuillerat's John Lyly may also be particularised among 
the excellent contributions. Mr. John W. Cunliffe, of Madison, 
Wisconsin, gives, in facsimile signatures of George Gascoigne, the decisive 
proof that the government agent of that name was one with the author of 
The Spoyle of Antiverpe (1576). 

Apart from its melancholy proofs that these forlorn Ten Tribes have 
recognised themselves in hard-headed Scotland, the Northern British- 

American Historical Review 319 

Israel Review (vol. i. No. 3, January, 1911) has many pictures useful 
for archaeology. A lecture by Mr. F. R. Coles touches on the Bronze 
Age civilisation of Scotland. It is followed by a rhapsody on Ardoch. 
Another Scottish paper extracts Robert Chambers's account of the Corona- 
tion Stone, with some wandering legends and theories about it. Mr. 
James Watson's methods of clearing early Scots history from its obscurity 
beggar description in their latitude of impossible explanations and freedom 
of textual emendation. For example, his fancy for a whole series of kings 
in Scotland named ' Frederic ' is deliciously absurd. 

The American Historical Review has a notable paper on Roman Law 
and the German peasant, in which Mr. Sidney B. Fay seems to give 
a heavy blow to the long prevalent view that the * reception ' tended 
to lower the status of the German peasant to that of the Roman servus. 
It combats effectively also the allegation that the * reception ' either met 
with * popular opposition ' or was a grievance conducive to the peasants' 
revolt of 1525. Valuable points are made in papers on social forces in 
American history, such as the land interest, the moneyed aristocracy, 
the democratic idea, and the Scandinavian element in the population. 
Inter-relations with the home country under George III. are discussed 
in a criticism of Horace Walpole's Memoirs. The story of the long 
unsettled and threatening Oregon boundary question from 1815 until 1846 
is also traced in its interesting British diplomatic connections. 

The Revue Historique (Jan.-Fev.) contains a study of the remarkable 
institutional reforms effected in Piedmont under the French dominance 
between 1536 and 1556. Another article, a critique of Lord Cromer, 
tells 'cette lamentable histoire,' how France lost Egypt. M. Adolphe 
Reinach subjects to very searching examination M. de Morgan's elaborate 
work on Les Premieres Civilisations, finding much occasion to contradict, 
to doubt, and to correct in the latter's survey of the vast body of history 
and prehistory which accomplished itself in the ages reaching from the 
first appearance of mankind down to the fall of the Macedonian empire. 

In the three preceding issues of Archivum Franciscanum Historicum 
there has been appearing a series of hitherto unedited documents relating 
to the Fraticelli. In the number for January the editor of these, Father 
L. Oliger, discusses the Dialogus contra Fraticellos of St. James de Marchia 
which caused grave difficulties regarding the project of canonisation of 
St. James, postponing it for more than twenty-six years. 

Father H. Golubovich edits from a MS. in the British Museum the 
Statuta liturgica of St. Bonaventura of 1263, General Chapter at Pisa. 
Mr. Moir Bryce's Scottish Grey Friars receives a critical and at the 
same time appreciative review, in which various important and minute 
corrections, all evincing expert knowledge, are made. But we fear there 
is no authority whatever for the italicised words in following statement: 
* Auctor, ecclesiae presbyterianae pastor, aequitate integerrima Fratrum 
minorum opera etc. expandit.' Mr. Bryce's many friends will be amused 
to see him referred to under such a misconception. 

320 Analecta Bollandiana 

In connection with the centenary of the birth of the distinguished 
musician and Friar minor, Peter Singer, born at Unter-Haselgehr, Tyrol, 
July, 1810, an interesting biography by Father Hartmann von an der 
Lan-Hochbrunn is reviewed. It was of Singer that his friend the Abbd 
Liszt said : * If I am the Paganini of the piano, Father Singer is the Liszt 
of the organ.' We are told that Singer in 1838 invented and constructed 
the first modern harmonium. He was visited at his convent at Salzburg 
by numerous artistes and high personages anxious to see and hear so 
eminent a musician. 

The Analecta Bollandiana (January, 1911) contains as its first article 
a critical review of a recent work on eastern patrology by Dr. G. Bayan, 
Le synaxaire armlnlen de Ter Israel. In the next paper Dom Francois 
Van Ortoy treats of Peter Ferrand (a Spanish Dominican who died 
before 1260), and the first biographers of St. Dominic. The appendix 
to this article consists of Ferrand's Life of the Saint, the text being 
collated with four others. His redaction of the legend was probably 
composed in 1238 or 1239. He was also the author of a Chronicle 
of his Order from its beginning until the year 1254, which hitherto 
has been wrongly attributed to Humbert de Romans. The writer of 
the article adduces grounds for believing it to be, up to the date named, 
the work of Peter Ferrand. 

Communications and Replies 

VIDAS ACHINLEK, CHEVALIER. In the last issue of this 
Review (S.H.R. VIII. i.) Professor Skeat proved to the satisfaction of 
those who have studied the poems that the Scottish Lancelot of the Laik 
and the hiair of Je lousy are by the same author. As to that author's 
identity, however, he accepted the suggestion made by David Laing in 
1836, viz. that the ^uair of Jelousy was the work of a certain James 
Auchenleck whose name appears in the list of graduates of Glasgow 
University in 1471 as 'Ja. Auchlek, pauper,' who, according to Laing, 
can be subsequently identified as the ' Maister James Achlik, Secretar 
to the Earl of Rosse,' 1 and as the holder of a Chantory in Dornoch 
which is vacant by his death in I497- 2 This ascription is based solely 
on the name James Auchenleck ; the Auchenleck being derived from the 
colophon of the manuscript of the >uair of Jelousy , which is * Quod 

Auche ,' the Christian name being supplied from Dunbar's Lament 

for the Makaris. 

That Scorpion fell has done infek 
Maister Johne Clerk and James Afflek 
Frae Ballatmaking and tragede. 

But the name Auchenleck occurs not infrequently in the Registrum Secreti 
Sigilliy the Registrum Magni Sigilli^ the Acta Dominorum Goncilii, and 
The Lord High Treasurer's Accounts especially in the two first, while 
even the combination James Auchenleck is not uncommon. It appears 
as landowner, as witness to deeds, even as accomplice in a murder, but in 
no case in a capacity which suggests likelihood of literary activities. 

When verifying the various citations of the name given by Laing 
I have been unable to find the name in the lists of graduates and licentiates 
printed in the Munimenta Universitatis Glasguensis, although this work 
covers the period referred to, and is presumably compiled from all extant 
documents. Laing may have had access to some document now lost, but 
he possibly wrote Glasgow University in place of St. Andrews University. 
The matter, however, does not seriously affect the point under discussion. 

Although convinced by Prof. Skeat's arguments, and by a comparison 
of the poems, of the identity of authorship of the two poems, I would 
ascribe them to an entirely different Auchenleck. 

1 Acta Dominorum ConciRi. 

2 Registrum Secreti Sigilli ; Bannatyne Miscellany, vol. i. p. 161, 


322 Vidas Achinlek, Chevalier 

Lancelot of the Laik is a fragment of nearly 3500 lines of a poem 
which originally, as Prof. Skeat says, probably extended to 10,000 lines, 
and is a translation into Scottish verse of a portion of the great French 
prose romance of Lancelot du Lac. The poet in his prologue gives a 
summary of the early portion of the romance up to the point at which 
his translation begins, thus showing familiarity with the whole. His work 
is a correct and fairly close but uninteresting translation of his original. 
It is expanded in parts, chiefly in realistic touches in the description of 
actual fighting, 

The ded hors lyith virslying with the men ; * 
in warlike speeches as Gawaine's speech ending 

Deth or defens, none other thing we wot ; 2 

and in the parts devoted to advising the king as to the ruling of his 
household and his land. In the body of the poem there is but one 
personal reference. The poet breaks off in his account of Arthur's con- 
fession, thus : 

The maner wich quho lykith for to here 

He may it find into the holl romans 

Of confessioune o passing circumstans ; 

I can it not, I am no confessour, 

My wyt haith ewill consat of that labour 

Quharof I wot I aucht repent me sore. 8 

Taking these facts into consideration, I would suggest as the author 
a certain Vidas or Vidastus Achinlek or Afflect, whose name appears in 
the Registrum Secreti Sigilli Regum Scotorum* as having taken part at 
Edinburgh on 3Oth April, 1499, m negotiations between Louis XII. of 
France and James IV. of Scotland, with a view to securing the assistance 
of James in arranging a treaty between Louis and the king of Denmark. 
This Achinlek, the envoy of Louis, is described by James as 'nobilis et 
strenuus miles dominus Vedastus Achinlek, commissarius et consiliarius ac 
magister hospitii excellentissimi et invictissimi principis Ludovici, Fran- 
corum regis.' 5 Louis on his side writes of * la bonne confiance que avons 
de la personn de notre ame et feale conseilleur et maitre dostell Vidas 
Achinlek, Chevalier, et de ses sens, loyaute bonne prudomme et experien,' 
and gives him * plain pouvir' along with 'notre tres cher et tresame frere 
cousin et alye le roy d'Ecosse ' to arrange and conclude the treaty, which 
is signed and sealed by James of Scotland and the said Vidastus Achinlek. 6 

The only further reference to this knight which I have been able to 
find occurs in the Accounts of the Lord High Treasurer? where in 
September, 1503, there is an entry of a gift of bridlesilver to 'Schir Vedast 
Auchlekkis man quhilk presented the hors to the king.' There is an 

1 Lancelot of the Laik, 1. 3384. ^ Ibid. I 805. 

3 Lancelot of the Laik, 11. 1436-41. *Rfg- Seer. Sig. vol. i. p. 52. 

*Ibid. p. 53. *lbid. p. 55- 

7 Ace. of the Lord High Treasurer of Scotland, vol. ii. p. 392. 

Vidas Achinlek, Chevalier 323 

entry in 1505 of a sum of money paid to the 'wedo of Auchlek,' 1 but 
of this latter there is no means of identification. There is unfortunately 
no reference to this distinguished servant of Louis in Les Ecossais en 
France, by Francisque-Michel, where one would have hoped to get some 
information as to his career. 

Let us now consider the claims of James Auchenleck and of Vedastus 
Achinlek. On the one hand an insignificant holder of a Chantory in 
Dornoch, a man of humble origin (if the <Ja. Auchlek, pauper,' be 
genuine), of whom nothing is known, whose sole claim is the possession 
of the name James (which does not occur in the manuscript), and of 
whom we cannot even postulate that he knew French. On the other, 
a man of good birth, ' Vidas Achinlek, Chevalier,' holding an important 
office at the French Court, Steward of the King's Household, which 
required a perfect knowledge of French ; a man of education sufficient 
to be entrusted with the delicate matter of making treaties ; a man having 
full access to the stores of French literature. We may find a parallel to 
his case in that of Sir Gilbert Hay, a Scottish knight, resident at the 
French Court, describing himself as ' Chaumerlain umquhile to the maist 
worth King Charles of Fraunce,' who translated Le Livre de UOrdre dt 
Chevalerie and also the Romance of Alexander. Of the latter translation 
The Buke of the Conqueror Alexander the Great, there is but one manuscript 
as there is of Lancelot of the Laik. Further, the great poets of the time, 
Dunbar and Douglas, were employed on Embassies. 

As to the translation itself, the points on which the writer expands fit 
in with this theory as to authorship; as a * chevalier' his stress on the 
fighting is natural, as * conseilleur et maitre d'ostell ' his wearisome dilating 
on the duties of a king towards his people and his household is compre- 
hensible, and his gift of a horse to the king reads like an object-lesson ; as 
a layman his little jibe at confession is explained ; while the theme of the 
poem and its avowed object, to ingratiate him with his ladylove, is more 
befitting a courtier than a cleric. 

Finally, as this Auchenleck was alive in 1503, we can date his poems 
a few years later than 1495 which Prof. Skeat names as a probable date. 
The later date, 1503, gets rid of a difficulty which lies in the extraordinary 
similarity of certain lines in Dunbar's Golden Targe and Thrissil and the 
Rose, and lines in Auchenleck's poems ; a similarity which makes Dunbar 
the plagiarist, if the other died in 1497, e.g. : 

'Her cristall teris I saw hyng on the flouris.' Dunbar. 2 
'As cristoll teris withhong upon the flouris.' Auchenleck. 8 
' Quhill loud resownit the firmament serene.' Dunbar. 2 
' Quhill al the wood resonite of ther song.' Auchenleck. 3 
'This ile before was bare and desolate 
Of rettorick or lusty fresch endite.' Dunbar. 2 

1 Ace. of Lord High Treas. vol. iii. p. 151. 

2 Golden Targe, 11. 17, 108, 269-70. 

3 Lancelot of the Laik, 11. 62, 66. 


324 Vidas Achinlek, Chevalier 

' Bare of eloquens 
Of discressioune and ek of retoryk ; ' 

' Ye fresh enditing of his laiting toung.' Auchenleck. 1 

* In weid depaynt of mony divers hue.' Dunbar. 2 

* Quhich all depaynt with divers hewis bene.' Auchenleck. 3 
'And lusty May that mudder is of flouris.' Dunbar. 2 
'This lusty May the quhich all tendir flouris.' Auchenleck. 8 
'The birdis did with oppin vocis cry 

O luvaris fo, away thou dully nycht.' Dunbar. 2 
'Throw birdis songs with opine vox one hy 

That sessit not on luvaris to cry.' Auchenleck. 1 
'The air attemprit, sobir, and amene.' Dunbar. 4 
'Tho was the ayr sobir and amene.' Auchenleck. 8 

These lines practically all occur in the introductory part of Lancelot of the 
Laik or of the )uair of Jelousy. In the body of the longer poem such 
resemblances do not occur, save where the writer inserts a few lines 
descriptive of nature, which have no equivalent in the French. Does it 
not seem more probable that the decidedly uninspired translator when left 
to himself, should have absorbed lines and phrases from his great con- 
temporary, than that the reverse should have occurred ? 

There still remains the difficulty of Dunbar's version of the Christian 
name of the poet ; is there any way of overcoming it ? 


1 he University, Cjlasgow. 

It is necessary to point out that, whilst the supposition of so late a date 
as 1503 (or later still, for the Thrissill and, Rose is as late as May in that 
year) may indeed get rid of one difficulty, it occasions two more. For it 
requires that both the MSS., viz. that containing the >uair of Jelousy and 
that containing Lancelot, must belong to the sixteenth century and not to 
the fifteenth at all ; which it will be difficult to prove. I see no reason 
why Dunbar may not have copied from Auchenleck ; for ideas as to 
* plagiarism ' in those days were surely very different from those which are 
held now. And why should Dunbar be wrong as to the name James ? 

^ , . , WALTER W. SKEAT. 


Miss Gray's contention is interesting. But, as Dunbar names a James 
Afflek among the Scottish poets, and as no one during four centuries alludes 
to Vidastus Achinlek as a writer of verse, it is not probable. Laing's con- 
jecture that the author of The Quare of Jelusy is the James Affiek of The 
Lament for the Makaris has this to commend it it founds upon an actual 
poet. The identification of this poet with the St. Andrews graduate, 

1 Lancelot of the Laik, 11. 180, 327, 13-14. 

z Thrissil and the Rose, 11. 17, 4, 59-60. 

8 Quair of Jelousy, 11. 4, i, 18. 4 Golden Targe, 1. 249. 

Vidas Achinlek, Chevalier 325 

entered in the Roll under the year 1471 as Jas. Auchlek pauper, is pure 
conjecture. (I have pointed out Laing's erroneous substitution of Glasgow 
for St. Andrews in my edition of The Kingis )uair and the Ojtuare of Jelusy 
published in October.) The theory that he is the Chantor of Dornoch, 
who died in 1497, ^ s ^ so P ure ly conjectural. This ecclesiastic, at any rate, 
bore the name of Dunbar's poet. That a churchman wrote The Quare of 
Jelusy a tedious didactic poem is much more probable than that it came 
from the pen of an accomplished courtier, soldier, and man of the world. 
That this churchman, or other poet of his name, was too poor to pay his 
graduation fees has nothing improbable about it. Robert Fergusson, who 
is by some excellent critics placed very high among the many poets on the 
St. Andrews Roll, was also very poor. 

Laing read the MS. of The ^uare of Jelusy (Arch. Selden B. 24) when 
the close of the colophon must have been easier to read. Yet even in 
Laing's day it was mutilated. Only the letters au are now clear, and 
what follows is blurred. Mr. Maitland Anderson thinks that the letters 
following are not ch or chin at all but possibly tor, and that the word may 
be autor. 

The date assigned by Professor Skeat and Miss Gray to Lancelot of the 
Laik and to The Quare of Jelusy I believe to be later than the language and 
the content demand. But discussion of this would open a wide field, too 
extensive for this note. ALEXANDER LAWSON. 

The University, St. Andrews. 

The closing sentence of Miss Gray's interesting note on Vedast 
Auchinlek leaves the problem of authorship where it was. Dunbar, as the 
text of the Lament for the Makaris shews, knew a poet called James Afflek, 
and for that reason ' the secretar of the Earl of Rosse,' whose Christian 
name was James, has prima facie a better claim to consideration than 
Vedast. Besides, Dunbar's line will not scan if we substitute Vedast for 
James. The colophon * quod Auch ' certainly lends a degree of support to 
the attribution to James Afflek. 

More profitable, however, than any conjectures concerning Vedast, or 
other member of the gens Afflek, would be an attempt to date the poem 
by internal evidence. At line 380 the author, declaiming against jealousy, 
says : 

Qhare of I coud ane hundreth samplis tell 
Of storeis olde, the quhich I lat oure go, 
And als that in this tyme present befell ; 
Amongis quhilk we fynd how one of tho 
His lady sleuch and syne himselfe also, 
In this ilk lond, withoutyn ony quhy, 
But only for his wickit gelousy. 

which indicates a domestic tragedy, then of recent date, where a lady had 
been murdered by her jealous husband, who committed suicide. 'In this 
ilk lond ' means most probably ' in Scotland,' and with that clue one 
should expect to be able to fix a terminus a quo at any rate. 

326 Vidas Achinlek, Chevalier 

Professor Skeat's parallel passages, most of which I had noted fifteen 
years ago, certainly do not prove the common authorship of the >uare of 
Jelousy and Lancelot of the Lak. They establish relationship and nothing 
more. Miss Gray's parallels from Dunbar, the Quare of Jelousy and 
Lancelot, are all worth noting : some of them, indeed, are striking. But 
what would we say if, on the strength of these parallels, she were to 
maintain that the >uare of Jelousy and Lancelot may conceivably be early 
works of Dunbar ? If possible, we must find other and safer criteria than 
parallel readings and general resemblances of style for solving problems of 
origin and authorship. Some of Professor Lawson's criteria, e.g. the 
frequent use of ' quhy ' as a noun in the Quare of Jelousy, Lancelot, and the 
Kingis >uair, are in my opinion of more value than parallel passages, and 
may yield some day, if carefully followed up, valuable results. It seems to 
me that what is most needed now is a careful study of certain fifteenth 
century poems, namely, Fragment B of the Romaunt of the Rose, the Court 
of Love, the Kingis ^uair, the Square of Jelousy, and Lancelot of the Lak, not 
as separate works, but as a group of poems, closely related, all of which 
exhibit, more or less, a * purely artificial language such as was probably 
never spoken.' In such a study the relationship of Lydgate's Temple of 
Glas to four of these poems will need to be considered. It was edited by 
Dr. Schick years before any question of authorship arose as to the Kingis 
)uair, and some of the editorial premises undoubtedly need to be re- 
examined, particularly as regards the relation of the Kingis Quair and the 
Court of Love to the Temple of Glas, and to each other. It is to be hoped 
that ere long someone will undertake the considerable labour involved. 

J. T. T. BROWN. 

COUPAR AND CITEAUX. The muniments of Coupar Abbey 
passed from Lord Coupar to the Lords Balmerino, and from them to the 
Earl of Moray, by whose liberality I have lately been allowed to peruse 
them. The majority have, I fear, been lost or destroyed, but the residue 
is still numerous and valuable. There are five documents extant which 
relate to the pension due to the mother Abbey of Citeaux, which formed 
the subject of Dr. James Wilson's interesting article (S.H.R. viii. 172). 
Readers of the Review may be glad to have a short summary of the 
contents of the five documents aforesaid. 

The first is Alexander II.'s grant to the monks of Coupar of the church 
of Erolin (Airlie). It is No. 18 of the Breviarium antiqui Registri printed 
by the Grampian Club. The Reddendo clause, not there printed, runs 
thus : c Reddendo inde annuatim ex parte nostra capitulo Cistercii ad procura- 
tionem capituli generalis quarto die viginti libras sterlingorum.' The date is 
Edinburgh, 3rd October. On the evidence of the Obligation, printed 
by Dr. Wilson, the year may be filled in as 1219, though a difficulty arises 
(not necessary to be discussed here) from the use of the first person plural, 
which the Scottish Chancery did not adopt till 1222. 

Some years later it appears that the Abbot of Citeaux claimed that King 
Alexander's grant to his Abbey covered the whole revenues of the church 
of Airlie. The decision of the consequent lawsuit was delegated by the 

Coupar and Citeaux 327 

Pope to the Cistercian Abbots of Rievaulx, Fountains and Beaulieu. 
To them Geoffrey, Bishop of Dunkeld, addressed a curious letter, narrating 
the circumstances in which the church of Airlie had been granted to 
Coupar, he having been at the time (as clerk of liverance) a member of the 
King's council, and intimating to them plainly that a decision against 
Coupar would be disgraceful to themselves and their order. 

The result appears in a notification by the Abbot of Mel rose, dated 
at the chapter general of 1246, and sealed by him and the Abbot of 
Citeaux, bearing that it had been agreed that Coupar was to pay 20 marks 
sterling for damages and expenses at Troyes fair or at the next chapter 
general, and to continue to pay the ^2O pension as before, for which 
consideration Citeaux renounced all further claims. 

The fourth document is a notification by the Abbot of Citeaux, dated at 
Dijon, i yth July, 1408, bearing that he had been informed by the 
Abbot of Balmerino of the lamentable condition of the Abbey of Coupar ; 
that he has remitted all the arrears of the pension, which were large, 
in consideration of the payment of 40 francs of gold from the mint of 
the King of France; and has also remitted one-half of the pension for the 
twenty years next following. 

Last comes another notification by the Abbot of Citeaux, dated in 
chapter general at Citeaux, I4th September, 1448, embodying a diffinitio ot 
the chapter whereby, considering the risks by sea and land to which 
the Abbey of Coupar (meaning presumably its money in transit) is exposed, 
they remit henceforth all payment of the pension ; the Abbot and Convent 
of Coupar having bound themselves to pay to the house of Citeaux 
400 crowns of gold and weight in the town of Bruges betwixt and the 
feast of Christmas next to come. 

As to (i) the ground on which the Abbot of Citeaux claimed to be 
entitled to the church of Airlie rather than the pension, and (2) the degree 
of regularity or the reverse with which the pension was paid, we may still 
hope for further light from Citeaux. I have communicated full copies 
of the five documents (all originals) to Dr. Wilson, who, when Mr. Brown's 
researches are complete, will, I hope, give us the last word on the subject. 

Meanwhile our thanks are due to Sir Archibald Lawrie for his clear 
explanation of the historical circumstances. Whether the deed disinterred 
by Mr. Brown is an original or not, he is the only person who has the 
means of judging with all respect, I fail to see that there is any internal 
evidence to the contrary. It may be mentioned that the style of the Abbot 
of Melrose in 1246 is identical with that of the Abbot of Coupar in 1219-20. 
It is * frater M. dictus abbas de Melros.' In another Coupar deed, a lease 
granted between 1207 and 1209, tne s ty^ e i * frater Ricardus dictus abbas 
de Cupro,' and to this the Abbot's seal remains attached. 


BERWICKSHIRE. Through the kindness of Mr. J. A. Brown of 
Glasgow and of the Rev. D. D. F. Macdonald, the parish minister, I 
am enabled to reproduce a most interesting medieval bell which is 

328 Late Fifteenth Century Bell at Swinton 

still in use at the church of Swinton in Berwickshire. Owing to the 
position in which church bells generally hang, it is seldom possible to obtain 
satisfactory photographs of them, unless upon the rare occasions when they 
have to be lowered for re-hanging. The Swinton bell is of unusual interest, 
as it is an early example of a bell which bears a date in Arabic numerals. 
English medieval bells were seldom dated, but a date seems to be of 
common occurrence upon foreign medievals, although it is more usually 
in Roman numerals. 
The inscription runs: 


There is no initial cross, but its place is taken by a small fleur-de-lys 
resting upon a kind of short fillet. The lettering is large and bold, and it 
takes up nearly the whole space between the 'lines' or l rims' which 
encircle the bell just below the shoulder. The lettering is of the transi- 
tion period between gothic and renaissance. The first M and the A's 
are of gothic character of the type known as Lombard ic, but all the 
rest, including two other M's, are Roman. The figures are bold examples 
of the kind of Arabic lettering usual at the period. There are two 
rims above the inscription, two below it, two above the lip, and one on 
each side of a simple raised moulding just above the sound-bow in the 
usual place. 

The bell is clearly of Low Country origin. The lettering of the inscrip- 
tion is very like that on the bells at Kettins in Forfarshire 1519, Dunning 
in Perthshire 1526, Crail Town Steeple 1530, and the loth, nth, I2th, 
1 3th, and I4th at the parish church of Perth, which were cast in 1526. 
All these have inscriptions in Dutch, and some have the same fleur-de-lys 
ornament. The bells at Dunning, Kettins, and Crail have more orna- 
ments than the Swinton bell. All the bells in this group have doubtless 
come from the same foundry, though in the present state of our knowledge 
it would be hazardous to make guesses as to the identity of that foundry. 


(S.H.R. viii. 133). Mr. W. M. Macbean writes to me from New York 
(Jan. 27) saying that he possesses a copy of The True Loyalist, which once 
belonged to the late regretted Mr. Joseph Knight. With it is a cutting 
from Notes and Queries (Third Series, vol. xii. p. 164). Other references will 
be found in the Index to that volume. One correspondent of N. & Q. 
attributes the Collection to Charles Salmon, born in 1745, a printer, and a 
friend of Fergusson, the poet. One copy contains verses not found in my 
transcript of the British Museum volume and a drama on the betrayal of a 
Stirling of Keir. The known copies, three perhaps, are all dated 1779. 


[The Editor has also heard from Mr. C. H. Firth, Oxford, that he has 
a copy of this volume, dated 1779.] 

Some Abbots of Newbattle 329 

SOME ABBOTS OF NEWBATTLE. In the list of the Abbots of 
the Cistercian Monastery of Newbattle in the Cartulary of Neubatle as 
published by Cosmo Innes for the Bannatyne Club, the names of James, 
John and James occur following that of Abbot Edward, who died in 1529. 

The surname of James, the first of the three under discussion, appears 
to have been unknown. He appears as present in Parliament 18 July, 1539. 
The only mention of John seems to be that he was present in Parliament 
in December 1540. 

James, the third of the three, is called Hasmall, and appears on record in 
1542. A note mentions that this surname is taken from Thomas Innes' 
MSS. This is clearly a misreading for Haswall. Mr. Anderson, in the 
Calendar of the Laing Charters, points out that from a seal the name was 
probably Haswell. From information come to light since Innes's time, I 
think these three Abbots may be resolved into one. 

Abbot Edward died in 1529, and from a writ in the Register of the 
Privy Sea/, vol. viii., Mr. James Haswell gets a grant of the lands of New- 
battle during the vacancy caused by the death of the late Edward, late 
Abbot. This is followed shortly, in the same volume, by a Precept for the 
admission of Mr. James Haswell to the Temporalities of Newbattle. 

Abbot John, who only appears in the Rolls of Parliament 1540, is, I 
suspect, a lapsus calami for James. I have not examined the original Rolls, 
but the error, if an error it be, is more likely to be that of the Clerk of Parlia- 
ment, than that of Thomas Thomson, the editor of the folio edition of the 
Acts. The Act in which John is mentioned is not printed in my copy of 
the dcts of Parliament as issued by Waldegrave in 1597. 

The Seal in the Laing Charters bears 'a boars head, on a chief endented 
three mullets.' It is attached to a deed of date c. July 1550. 

The various preferments enjoyed by Haswell or one of the same name 
are as follows, from the Privy Seal Register : Chaplainry of St. Katherines in 
Castle of Edinburgh 1506. Vicarage of Cramond 1515. Pension of 10 
as Chaplain to the King 1525. Prebendary in Crief Church 1526. Rectory 
of Kirkblane 1527. Priory of Bewley 1528. This last he resigned on 
admission to Newbattle, and was succeeded in Bewley by Robert Reid, 
afterwards the famed Bishop of Orkney. Thus we have an Abbot James 
Haswell, a single mention of Abbot John 1 540 and an Abbot James Haswell 
again, and I submit there was but one Abbot James Haswell, who rules from 
death of Edward till Mark Ker was appointed c. 1555. 

I suspect Abbot James Haswell was of the Haswell family of Murefield, 
East Lothian, but, as yet, I have not been able to prove it. 

The following original obligation registered to 6 Nov. 1552 shows that 
Abbot James was inclined, in his old age, to outrun the constable and had to 
be pulled up by his convent. 

' James Adamsone burges of Edinburgh promittis and oblissis me nocht 
to intromett uptak nor mell wth na manar of gudis patrimony nor sowmes 
of mony nor utheris profettis pertinand to ye Abbay of Newbotle in tyme 
cumming wthout ye Conventis consent and assent gevin thairto and sail 
not furniss ane venerable fader James abbot of ye said abbay wth ony 
merchandis or gudis wthout thair consent except wyne Ceir Irn salmundis 

330 Some Abbots of Newbattle 

and abulzementis for ye abbotis body nor ony utheris in his nayme and sail 
rasave thankfull payment of ye sowme of i m li mony aucht to me be ye 
saidis abbot and convent in greit and small sowmez lyk as yai pleiss offer 
and perfurniss and deliver to thaim my acquitans conforme to ye rasait 
yairof. And sail not mak assignay nor assignais of hiear degre nor my self 
to my letre of tak of certain akeris of Musselburgh. And gyf I perfurniss 
ony mony or merchandis or deliveris to ye said Abbot wthout ye saidis 
Conventis consent, I am contentit to tyne ye samyn and that ye place be 
not compellit to agayne pay ye samyn to me. And sail observe and suffer 
Johne Wache occupy his akeris quhilkis he hes in tak of ye said Abbay 
for zeris to ryn conforme to ye samyn, the fermez teyndis and cayne foulez 
aucht and wont to be payit to ye abbay being thankfully payit to me 
during my takkis. In witness, etc.' J. G. WALLACE JAMES. 


[There can be little doubt that Dr. Wallace James is right in believing 
the ' Johannis abbas de Newbottill ' of the parliamentary record of 10 
December 1 540 (Acts Par!. Scot. ii. 404) to be a clerical error. In fact, on 
the same date, and in the same record (A.P.S. ii. 405) he appears as * Jacobus 
abbas de Newbotle.' ED. S.H.R.] 

EARTHQUAKES IN GLASGOW. The following interesting 
notes are taken from a communication made by David Murray, LL.D., 
to the Glasgow Herald of December 20, 1910, and since added to : 

1570. July 4, 10 p.m. 'Thair was ane earth quaik in the cittie of 
Glasgow, and lastit bot ane schort space, but it causit the inhabitants of 
the said cittie to be in greit terrour and feir.' ' Diurnal of Occurrents,' 
p. 179. 

1608. 'Upon the 8th of November there was an earthquake at nyne 
houres at night, sensible eneugh at St. Andrewes, Cowper, Edinburgh, 
Glasgow, Dundie, but more sensible at Dumbartane ; for there the people 
were so affrayed, that they ranne to the Kirk, together with their minister, 
to cry to God, for they looked presentlie for destructioun. It was thought 
that the extraordinar dreuth in the sommer and winter before was the 
caus of it.' Calderwood, 'Historic,' vi. p. 819. 

The people of Aberdeen were much alarmed by this shock, and a day 
of fasting, humiliation, and prayer was appointed by the Magistrates and 
clergy. The particular sin which was supposed to have brought this judg- 
ment was salmon fishing on Sunday ; and the salmon fishers of Aberdeen 
were accordingly brought before the Session and rebuked. 

1613. March 3 and 5* There was an earthquake felt in various 
places in Scotland on both days, but it is not recorded whether Glasgow 
was amongst them. 

1650 or 1651. There was an earthquake in Glasgow on an afternoon 
not specified. Robert Baillie, 'Letters and Journals,' iii. p. 319. 

1656. August 17, 4 a.m. 'There was a sensible earthquake in all 
parts of the toune of Glasgow.' Robert Baillie, Ibid. 

Earthquakes in Glasgow 331 

1732. July ii. There was a shock of earthquake at Glasgow between 
2 and 3 o'clock p.m. It lasted about a second. * Gentleman's Magazine,' 
1732, p. 874. 

1754. March. There was a sudden sinking of the riverside walk at 
the head of the Green for several days and over long distances. * Scots 
Magazine,' 1754, p. 154; l Gentleman's Magazine,' 1754, p. 141. 

It does not appear whether this was owing to an earthquake, but there 
was an earthquake at Whitby on April 19, 1754. 'Gentleman's Maga- 
zine,' 1754, p. 399. 

1755. November i. The great earthquake at Lisbon. It is not 
recorded whether it was felt at Glasgow ; but between 9.30 and 10.15 
a.m. the waters of Loch Lomond alternately rose 2 feet 6 inches and then 
fell, rising and falling occupying each about five minutes. The agitation 
continued until 1 1 o'clock a.m., but not so violently, and then ceased. At 
the same time Loch Long, Loch Katrine, and Loch Ness were similarly 
disturbed. 'Scots Magazine,' 1785, pp. 552, 593. The shock was felt 
at Leadhills. 

On March 31, 1761, Loch Ness was similarly affected, when there was 
another considerable shock at Lisbon. 

1755. December 31. Between i and 2 a.m. a small shock of earth- 
quake was felt at Greenock and several places in that neighbourhood, as 
well as at Dumbarton, Inchinnan, and Glasgow. 'Scots Magazine,' 1756, 
p. 42. The following graphic account of this earthquake comes from 
Kilmacolm : 'January i. Yesterday about one o'clock in the morning, 
being awake in bed, I felt about seven or eight shocks of an earthquake, 
all succeeding one another. The whole shocks were over in the space of 
half a minute. The second shock was the greatest, and so violent that it 
fairly lifted me off the bed, jolted me to the head of it, and in a moment 
down again to where I lay before. I believe three or four such shocks 
would have laid this house, though a very strong one, in ruins. The 
second shock jostled a large chest with such violence along the side of a 
wall in another room that it awakened a gentleman who was sleeping 

1786. August ii. A little after 2 a.m. a slight shock of an earthquake 
was felt, in different parts of the town, by several persons who happened 
to be awake at that still hour, and who mentioned it, and described its 
circumstances some days previous to the arrival of corresponding accounts 
from the south country. 

' About five minutes after the clock had struck the first quarter past two 
in the morning a gentleman lodging in the north side of the College Court, 
whilst in bed and fully awake, found his attention excited by a low rum- 
bling noise, seemingly very distant, which lasted about three seconds, and 
which was repeated twice afterwards at very short intervals. This was 
presently followed by another very uncommon and much louder noise, 
which seemed to come from the wainscot of the north side of the room as 
if occasioned by some great, heavy soft body rubbing violently against the 
panels in a cross direction. A similar noise was heard at the same time by 
another gentleman on the first floor, though in neither case was there felt 

332 Earthquakes in Glasgow 

any concussion. In a house, however, near to the head of the town and in 
another a little above the cross a tremulous motion accompanied the shock, 
which a good deal alarmed those who felt it. In the house at the College, 
as well as at another house at Greenhead, some tame birds in cages were 
thrown into great consternation, or fluttering, just at the time the other 
symptoms of the shock were most remarkable. The weather at this time 
was very still and mild, with an uniform cloudiness all around.' * Scots 
Magazine,' 1786, p. 408. It is possible that the writer of this report was 
John Anderson, Professor of Natural Philosophy, who had a lodging on the 
north side of the College Court. 

This earthquake was felt at Aberdeen, Kelso, Dumfries, Kirkcudbright, 
Carlisle, Penrith, Kendal, Whitehaven, and Newcastle about the same time. 
A large pillar of rock at Whitehaven was thrown down. 

1787. January 6. Between 10 and u a.m. there was a shock of earth- 
quake in Campsie, Strathblane, New Kilpatrick, Killearn, and Fintry, but 
apparently was not felt in Glasgow. At Woodhead, in the parish of 
Campsie, a burn became dry in places for some time. At Lettrick 
[ ? Leddrie ] Green, Strathblane, the hedges were agitated as if by a sudden 
gust or wind. At Nethertown the houses shook so much that the people 
ran into the fields, locked doors flew open, the horses in a plough stood still 
through fear. * Glasgow Mercury,' January 17, 1787. 

1 80 1. September 7, 6 a.m. A smart shock of earthquake was felt in 
the New town of Edinburgh during two or three seconds. It was not felt 
in the Old town or to the south. The centre seems to have been at Comrie 
or Crieff, and it was felt across the island from Leith to Greenock, and 
from Lochearnhead to Glasgow. * Scots Magazine,' 1801, p. 656. 

1817. April 26, 6.30 a.m. A smart shock of earthquake was felt in 
Glasgow and neighbourhood. Its duration must have been for a consider- 
able number of seconds, as in more situations than one the concussion caused 
the windows to shake violently. It was felt in a similar manner at the same 
moment at Greenock and Inverness, and by one or two persons in Leith. 
'Scots Magazine,' 1817, part i. p. 396. 

1836. October 24, 10 a.m. There was a shock at Blythswood. 

1839. October 23, 10 p.m. There was a severe earthquake shock at 
Comrie, which was felt over a large area of the surrounding country from 
Aberdeen to Kelso, and, amongst other places, on Loch Lomondside, at 
Finnart on Loch Longside, and at a house three miles to the south-west of 
Glasgow. Whether Glasgow itself was affected is not recorded. 

1843. March 10. Earthquake shocks in the early morning were felt 
throughout the North of England and the South of Scotland. 

1888. February 2. There was a slight shock all over Scotland. 

1889. January 18. There was a slight shock at Edinburgh. 

1910. December 14. There was a smart shock in Glasgow and 
neighbourhood, and I believe a slighter shock on the previous night. 

There is a long and full list of recorded earthquake shocks in Britain, 
and more particularly in Scotland, by the late Mr. David Milne-Home in 
the < Edinburgh New Philosophical Journal,' volumes 31 (1841) to 35 
(1843). DAVID MURRAY. 


Scottish Historical Review 

VOL. VIIL, No. 32 JULY 1911 

The Beginnings of St. Andrews University 



THE University of St. Andrews was, in its earliest stage, 
merely a voluntary society of Doctors and Masters ; but 
it did not long remain in this unorganised condition. According 
to Bower, as already stated, lectures began to be delivered in 
May, 1410. On February 28, 1412, a formal charter of 
foundation and privileges was completed and sealed. This 
charter was addressed to the Doctors, Masters, Bachelors, and 
Scholars resident in St. Andrews, and bears to have been issued 
in compliance with their wishes. Bishop Wardlaw, in the pre- 
amble, but without alluding to any previous document, recalls 
the fact that the University had been instituted and founded 
by himself, and that under favour of the divine clemency it 
had been laudably commenced by the said Doctors and Masters. 
He now, with the consent of his cathedral chapter, instituted 
and founded it anew, diligently considering and with earnest 
meditation reflecting that it is by schools of letters that men, 
through the favour of Him from whom every good and perfect 
gift flows, are rendered learned in the sciences, and that by such 
the ignorant are instructed and the more advanced raised to 
higher attainments. Moreover the catholic faith, being thus 
surrounded by an impregnable wall of Doctors and Masters, 
grows strong, and is able to withstand heresies and errors. 


334 J- Maitland Anderson 

While the main objects of the foundation of the University- 
were the advancement of learning and the maintenance of the 
catholic faith, the immediate purpose of the charter appears to 
have been to secure a good understanding between the members 
of the University and the authorities and people of the town. 
It was the founder's earnest desire that the University and the 
city might flourish together, that the influence of the University 
might render the city powerful, and that in this peaceful and 
prosperous condition the study of divine and human law, of 
medicine, and of the liberal arts or faculties might be ardently 
carried on. To accomplish this end the Bishop placed the 
University and all its members under the special protection of 
himself and his successors, and invested them with various 
immunities, privileges, and liberties. 

Throughout the jurisdiction of the Bishop, members of the 
University were to have free power of buying whatever they 
required, and especially things pertaining to food and clothing, 
without exactions or customs, or of license asked of any one 
whatsoever. They were also to have the power of selling their 
own goods, provided they did not bring them into the town for 
the purpose of trade. An assize of bread and ale, and appraisings 
of things pertaining to food, were to be fully observed, and 
delinquents in these matters punished. It was to be the duty 
of the Rector of the University to report defaulters to the 
Provost or to any of the bailies of the town, and to demand 
that they be sufficiently corrected and punished. If this demand 
were not complied with within twenty-four hours, the power of 
correction and punishment was to be transferred to the Rector 
himself. In the event of a dispute arising between the Rector 
and the Provost or bailies, the Bishop reserved the cognisance 
and determination of it to himself and his successors. Whenever 
the Provost or any of the bailies was found culpable or negligent 
in the administration of justice, he, as well as the delinquents, 
was to be handed over to the Rector to be duly punished 
saving certain privileges, liberties, and customs enjoyed by the 
Prior, the chapter, and the Archdeacon in their baronies within 
the city. 

The Rector was also granted jurisdiction over those, whether 
clergy or laity, who injured or wronged members of the University, 
provided the offence was not heinous. In like manner all civil 
causes, actions, and complaints of scholars, against any person 
whatever were, at the wish of the said scholars, to be heard in 

St. Andrews University 335 

presence of the Rector, and by him, proceeding summarily and 
immediately, determined according to law. Members of the 
University were exempted from appearing, against their will, 
before any ecclesiastical or civil judge, other than the Rector, 
regarding contracts or civil questions ; while, on the other hand, 
they had the right of litigating before any ecclesiastical judge 
whom they might prefer. Inns and houses were to be let to 
them at rates to be fixed by a committee of themselves and of 
the citizens elected and sworn for this purpose in equal numbers. 
As a general rule, a member of the University could not be 
ejected from his rooms so long as he paid the rent and conducted 
himself properly in them. Beneficed persons within the diocese 
of St. Andrews who were actually teaching or studying in the 
University, were to enjoy the fruits of their benefices while 
absent from them, provided they made suitable arrangements 
for the supply of divine ordinances to their parishioners. They 
had to ask leave of absence from the Bishop, but did not 
necessarily have to wait until they obtained it before proceeding 
to the University. 

The Bishop undertook to secure that the Provost, bailies, and 
other officials of the city should each year at their entry upon 
office swear in the hands of the Rector faithfully to observe, and 
cause to be observed, the statutes and customs of the University, 
so far as they were concerned, as well as to uphold its privileges 
and liberties. For himself and his successors, the Bishop promised 
to lay no claim to any part of the goods of scholars dying testate 
or intestate. Their wills were to be registered free, and every- 
thing pertaining to them was to be free from the expense of legal 
process. Finally, all members of the University were entirely 
exempted from the payment of taxes, and from burdens and 
servitudes of every kind within the city, whether great or small. 
These numerous and valuable privileges were to be enjoyed not 
merely by the masters and scholars, but also by their bedells, 
servants, and attendants. They were likewise extended to the 
University scribes, stationers, and parchment makers, and likewise 
to the wives, families, and domestic servants of all the officers of 
the University. 

The charter embodies a resolution of the Prior and convent of 
St. Andrews, along with the Archdeacons of St. Andrews and 
Lothian, chapterly convened, giving their consent to the institution 
and foundation of the University, and to the granting of the 
privileges above enumerated. This is followed by a clause in 

336 J. Maitland Anderson 

which the Prior and convent and the Archdeacon of St. Andrews 
confirm the granting of an assize of bread and ale and the 
appraisement of everything pertaining to victuals in so far as 
their particular baronies were concerned. Defaulters were to 
be punished by the bailies of the Prior and Archdeacon in the 
same way as by the Provost and bailies of the city, and in case 
of neglect on the part of these officers, the defaulters were to 
be handed over to the Rector to be duly punished for their 

This composite charter was formally completed, extended in 
legal form, and sealed with the episcopal and chapter seals, in the 
chapter-house of the Cathedral Church on Sunday, February 28, 
1412, by Symon de Lystoun 1 and Richard de Crag, 2 notaries 
public. The original charter has unfortunately not been pre- 
served, but there are various manuscript copies of it in the 
possession of the University, the earliest of which is incorporated 
in one of the papal bulls to be afterwards referred to. 

Judging from the names of the persons who witnessed its 
attestation, the Bishop's charter would appear to have been drawn 
up in consultation with men of University training and experience 
unconnected with St. Andrews. They were Thomas de Butill, 
Doctor of Canon Law, papal auditor, and Archdeacon of Galloway, 3 
who had studied Arts and Canon Law at Oxford for five years, 4 
but who was probably a graduate of Avignon, as his name occurs 
on the benefice rolls of that University for 1393 and 1394 ; 5 

J In manuscript charters of October 25, 1404, and January 25, 1409, Symon de 
Lystoun is described as son of Janet de Douglas, wife of Arnold Patynmakar, 
citizen of St. Andrews, and as father of William de Lystoun. He witnessed a 
St. Andrews charter of January 17, 1416 ; and on Sunday, May 7, 1419, he was 
present, along with Bishop Wardlaw, at a meeting of the Faculty of Arts, held 
in the old Parish Church of St. Andrews, when new regulations for proceeding 
to license were adopted. 

2 This is evidently the ' Master Richard of Crag ' who was vicar of Dundee in 
1439 and onwards, and who is otherwise known as 'licentiatus in decretis ac 
clericus cancellarie ' and * clericus regis Jac. II. et director cancellarie.' Reg. Mag. 
Sig. vol. ii. p. 886 ; Maxwell's Old Dundee prior to the Reformation, pp. 13, 37. 

3 According to Eubel (Hierarchia Catholica, vol. i. p. 1 68), Thomas de Butill 
was made Bishop of Galloway by Benedict XIII., on June 14, 1414 ; but in the 
Cal. ofPetlAom to the Pope, vol. i. pp. 570-617, where various other preferments 
are recorded, he is still Archdeacon on March 4, 1415. 

4 On February 18, 1380, a safe-conduct was granted by Richard II. to Butill 
and a number of other Scots clerks who were proceeding to Oxford for purposes of 
study. Rotuli Scotiae, vol. ii. p. 20. 

'Fournier's Statuts, vol. ii. pp. 334, 348. 

St. Andrews University 337 

John de Merton, Doctor of Canon Law, Provost of the Collegiate 
Church of Bothwell, who had also studied at Oxford, and had 
several times been sent to England on public business during the 
reigns of Richard II. and Henry IV. ;* Columba de Dunbar, son of 
George, Earl of March, and Dean of the Collegiate Church of 
Dunbar, who had c studied Arts for many years at Oxford,' and 
who, in 1394, at the age of fourteen, had received a papal dis- 
pensation to hold a benefice without cure of souls ; 2 Patrick de 
Houstoun, Bachelor of Canon and Civil Law, and Canon of the 
Cathedral Churches of Glasgow and Brechin, who was afterwards 


a commissioner to England in connection with various important 
negotiations, including the return of King James I. to Scotland; 3 
and John de Loudoun, perpetual Vicar of the Church of Kilpatrick, 
notary public. 4 

Nothing but a confirmatory papal bull was now wanting to 
make the foundation of the University complete, and to secure for 
it the necessary status among kindred institutions. A petition for 
the confirmation of the Bishop's charter was accordingly prepared 
and despatched to Pope Benedict XIII., who was now holding his 
Court at Peniscola in the diocese of Tortosa in Spain. It was 
drawn up in name of the King of Scotland, although still a prisoner 
in England, and of the Bishop, Prior, Chapter, and Archdeacon 
of St. Andrews, and narrated in considerable detail the reasons for 
founding a University in Scotland, its proposed constitution, and 
the privileges and immunities desired for its various members. 
The full text of this petition cannot now be found, but a summary 
of it has been preserved in the papal registers in a form which 
seems to indicate that nothing essential has been omitted, and 
that the ipsissima verba of the original have for the most part been 
retained. A complete transcript of this document was printed for 
the first time in I9o6, 5 but an abstract of it in English had appeared 

1 Rotuli Scotiae, vol. ii. pp. 8, 143, 168, 175, 196 ; Cat. of Petitions to the Pope, 
vol. i. pp. 567, 568, 583, 611, 638 ; Cal. of Papal Letters, vol. vii. pp. 354, 360. 

2 Cal. of Petitions to the Pope, vol. i. pp. 60 1, 602, 614. He was made Bishop of 
Moray on April 3, 1422 (Eubel, vol. i. p. 367). 

3 Cal. of Petitions to the Pope, vol. i. pp. 568-640 ; Rotuli Scotiae, vol. ii. pp. 239- 

4 This is probably the 'John de Lodon, priest, of the diocese of Glasgow/ 
referred to, in connexion with the vicarage of Forgan, in the Cal. of Petitions to the 
Pope, vol. i. pp. 594, 601. He died about 1427 (Cal. of Papal Letters, vol. viii. pp. 
100, 370). 

b Scottish Historical Review, vol. iii. p. 313. 

338 J. Maitland Anderson 

ten years earlier. 1 The petition represents the movement to found 
a Scottish University as a national one. Not only had the pro- 
posal been discussed and approved of in the chapter-house at 
St. Andrews, but it had also received the support of the three 
estates of the realm. 

The appearance of King James's name at the head of the petition 
instead of the Duke of Albany's is of special significance. His 
retention in England must have prevented him from taking any 
active part in promoting the scheme in his own country ; but he 
appears to have been made acquainted with it by those who had 
occasional access to him, and to have given it his hearty commen- 
dation and support. Bower, indeed, in attributing many virtues 
to James, credits him with carrying on a vigorous correspondence 
on behalf of the proposed University, including letters to the Pope 
himself on the subject of its privileges. 2 

This petition met with a ready and willing response. Bishop 
Wardlaw was personally known to the Pope ; and besides, Bene- 
dict was doubtless anxious to promote the educational interests of 
a country which had stood by him in all his troubles as one of 
two, and now of three, claimants to the papal throne. But apart 
from such considerations, it must have been a source of genuine 
pleasure to the Pope himself to superintend the preparation of 
answers to a petition of such weighty import in his now restricted 
chancery. Benedict was a scholar of repute and a most liberal 
patron of art and learning. A few years before, he had issued a 
bull confirming the foundation of a University at Turin ; bulls or 
letters from him figure in the chartularies of at least half a dozen 
French universities ; and he has been called the founder and 
prime restorer of the University of Salamanca, to which he gave 
entirely new statutes in 141 1. So elaborate, indeed, was Benedict's 
reply to the request of his Scottish suppliants, that it took the 
form of no less than six separate and independent bulls containing 
in all about 5000 words. This plurality of bulls issued by the 
same Pope and bearing the same date, at the founding of a 
University, is probably without parallel in the academical history 
of Europe. 3 

1 Cal. of Petitions to the Pope, vol. i. p. 600. 2 Scotichronicon, 1. xvi. c. xxx. 

3 In 1332 the University of Cahors received seven bulls from John XXII., but 
they were issued in four different months. On September 6, 1413, the University 
of Avignon received nine bulls from John XXIII., and on December i 7, 1421, the 
University of Montpellier received ten from Martin V., but they had no bearing 
on the founding of these Universities. 

St. Andrews University 339 

Like most documents of their kind, these bulls are a mass of 
inelegant Latin verbiage, very difficult to reproduce or to condense 
into readable English. They, nevertheless, yield much substantial 
information to the student of academical constitution and usage in 
the days of the pre-Reformation church. Nothing more than a 
brief allusion to some of their more salient contents can be 
attempted here. 

The first or principal bull, after a few introductory sentences, 
recapitulates the reasons for the foundation of a Scottish University 
given in the petition presented to the Pope in name of the King 
and others. They were the many risks and dangers by land and 
sea to which Scottish clerks were exposed in quest of instruction 
in the faculties of Theology, Law, Medicine, and the Liberal 
Arts ; the battles they had to fight, the detentions they had to 
endure, the broils they had to encounter, and the impediments 
they had to put up with at the hands of schismatics on their way 
to the Universities of other countries ; and the thought of the 
many teachable persons in Scotland who were prevented from 
seeking learning abroad on account of the burdens and expenses 
it entailed, and who, if a University were established in their own 
country, would have less difficulty in obtaining the instruction for 
which they were fitted. Considering these things, the petitioners 
advocated the foundation of a home University, and they pointed 
to St. Andrews as a convenient and suitable place for the purpose. 
It was further stated on behalf of the Bishop, Prior, Archdeacon, 
and Chapter that if the erection of a Studium Generate or Universitas 
Studii in St. Andrews were sanctioned, they were prepared to con- 
cede to its members very considerable advantages. 

The Pope, being satisfied with the above reasons, and taking 
into consideration the exemplary devotion of the King and people 
of Scotland to the Apostolic See, and also reflecting that in St. 
Andrews and its neighbourhood peace and quietness prevailed, 
that there was a plentiful supply of provisions and no lack of 
well-appointed hospices and other conveniences suitable for 
students, sanctioned the proposal to erect a University there. 
In so doing he expressed the hope that a city which the divine 
goodness had so richly adorned would be equally fruitful of 
knowledge, and would produce men distinguished for their 
wisdom and virtue as well as for their skill in the doctrines of 
the various faculties, and that it would be a well-watered fountain 
of knowledge from whose fulness all might draw who sought 
to quench their thirst for learning. He thereafter proceeds to 

340 J. Maitland Anderson 

ordain that there should henceforth be in the said city a Studium 
Generate embracing the faculties of Theology, Canon and Civil 
Law, Arts, and Medicine, and all other lawful faculties. Students 
who, on completing their courses of study in any of these 
faculties, wished to be licensed to teach others, were to be 
examined for the Degree of Master or Doctor. Successful 
candidates were to be presented to the Bishop of St. Andrews, or 
to his Vicar General in things temporal and spiritual, or to 
some other capable and suitable ecclesiastical person selected 
by the Bishop, or, in the event of the see being vacant, to the 
Vicar General of the Cathedral Chapter, by whom they were 
to be admitted to their respective degrees. The examination 
was to be comprehensive and impartial, and only those who were 
really fit to teach were to be allowed to graduate. This strict- 
ness of examination was specially insisted upon, because it was the 
Pope's desire that Masters and Doctors of St. Andrews should 
have the unfettered power of lecturing and teaching not only 
there but at any other University without further approbation. 
The bull also provided that the Rector of the University might 
be a graduate of any of the above-named faculties, but that 
it was necessary that he should be in holy orders. Finally, 
it ordained that students were to be free to make wills without 
exactions of any kind, all claims for fees by officials and ordinaries 
being declared null and void. 

The second bull ratifies and extends Bishop Wardlaw's 
indulgence in favour of beneficed persons in his diocese, inasmuch 
as it grants liberty to all such throughout Scotland, whether belong- 
ing to the regular or the secular clergy, to study for ten years at 
the University, and thereafter to lecture there, if so inclined, while 
continuing to receive the fruits of their benefices. They were 
taken bound, however, to appoint and to adequately remunerate 
good and sufficient vicars, so that their benefices might not be 
defrauded of their just rights, nor the cure of souls be neglected 
in them. The third bull is for the most part a duplicate of 
the second. It is addressed to the Abbot of Arbroath, the 
Provost of the secular and collegiate church of St. Mary in 
St. Andrews, and the Archdeacon of Galloway, who are empowered 
to see its provisions carried into effect. They are specially 
charged not to allow beneficed persons studying or lecturing 
at St. Andrews to be molested in the enjoyment of their eccle- 
siastical revenues by ordinaries, chapters, convents, or any other 
authorities whatsoever. The fourth bull confirms Bishop Ward- 

St. Andrews University 341 

law's charter in all its points and particulars which it recites 
at full length. The fifth bull is addressed to the Bishop of 
Brechin, and to the Archdeacons of St. Andrews and Glasgow, 
whom it appoints conservators of the privileges of the University. 
Authority is given to any one or more of them to defend the 
University, if necessary, from all who would seek to interfere 
with its rights or to molest and injure its members. In the 
fulfilment of this duty they are to proceed by way of ecclesiastical 
censure, or, if need be, they are to call to their aid the arm 
of the secular authority. The sixth and last of the series of bulls 
has reference to the divided state of the church, and empowers 
those Scotsmen who had begun their studies at Universities 
located in countries infected with the stain of schism (that is 
in countries lying outside the obedience of Benedict himself) 
to continue their studies at St. Andrews and proceed to degrees 
there in accordance with the ordinances of the Council of Vienne. 
Those who had already graduated were to receive other degrees in 
the same faculties. Any oaths which had been taken at variance 
with this procedure, as well as all decrees, statutes, and customs 
to the contrary, were declared to be relaxed. 1 

The transmission of these bulls from Peniscola to St. Andrews 
was entrusted to Henry Ogilvy, who had in all probability been 
the bearer of the petition to the Pope. Henry Ogilvy (or de 
Ogilvy), a man of noble lineage, was a priest of the diocese of 
St. Andrews who had been dispensed as the illegitimate son 
of a baron. He was a Master of Arts of the^ University of Paris, 
and must have been quite a young man at the date of his mission, 
as his degree had been obtained so recently as 1411. He is 
afterwards described as a Bachelor of Canon Law. When at 
Peniscola he obtained from the Pope a grant of the canonry and 
prebend of Tullynessle in Aberdeenshire. He also had collation 
of the church of Inveraritie in Forfarshire, about which a suit 
was then pending in the Roman Court. He likewise held 
the perpetual vicarage of Tibbermore in Perthshire, and may 
have been the same Henry de Ogilvy who was rector of the 
chapel of St. Mary at Freeland, in the parish of Forgandenny, 
and of Kirkden in Forfarshire. As a member of the Faculty 
of Arts he was present at a meeting of the faculty held on 

1 These bulls were printed by the University Commissioners of 1826 in the 
volume of Evidence' relating to St. Andrews, published in 1837, pp. 171-6. A 
facsimile of the one confirming Bishop Wardlaw's charter, along with a transcript 
and a translation, may be seen in part ii. of the National Manuscripts of Scotland. 

342 J. Maitland Anderson 

November 29, 1424. He died at the Apostolic See in 1425 as a 
canon of Brechin. 1 

A period of almost two years elapsed between the issue of the 
foundation charter and the arrival of the papal bulls in St. 
Andrews. As already mentioned, the charter is dated February 
28, 1412 ; the bulls are dated August 28, 1413, and they did not 
reach their destination till February 3, 1414. St. Andrews was at 
that time the most northerly town in Europe in which a Univer- 
sity had been founded, and it was also the most distant point to 
which bulls of similar import had been issued from the papal 
chancery, whether at Rome or elsewhere. Ogilvy's journey from 
the east coast of Scotland to and from the south-east coast of 
Spain must have been a long and hazardous one, the more 
especially as part of it was performed in winter. There is no 
record of the route he took, but in all likelihood he would travel 
between Scotland and France by sea, and through France and 
Spain by land. The bearer of documents such as those entrusted 
to his care would scarcely, in the circumstances of the time, risk 
a journey through England, even if he had obtained a safe- 
conduct beforehand, of which there is no mention in the Rotuli. 

Bower, who was in all probability an eye-witness of what he 
describes, gives a brief but graphic account of the arrival of 
Ogilvy in St. Andrews, and the events of the next few days. It 
occurred, he says, on the Morrow of the Purification of Our Lady, 
which happened to be a Saturday. As soon as the fact of his 
arrival became known, the sound of bells went forth from all the 
churches of the town. On the following day, Sunday, a solemn 
assembly of the whole clergy was held at nine o'clock in the 
morning in the refectory of the Priory, which had been specially 
put in order for the purpose. At that assembly the bulls were 
presented to the Bishop, as Chancellor of the University, and 
after they had been read in the hearing of all present, the Te Deum 
was sung with melodious voice by the clergy and convent, while 
moving in procession to the high altar in the Cathedral Church. 
When the singing had ended the whole assembly knelt and the 
Bishop of Ross recited the versicle De Sancto Spiritu with the 
collect Deus qui corda. The remainder of this eventful Sunday 
was passed amid scenes of indescribable hilarity, and throughout 
the whole night huge fires were kept blazing in the streets and 

1 Auctarium, vol. ii. cols. 99, 103 ; Cat. of Petitions to the Pope, vol. i. p. 600; 
Cal. of Papal Letters, vol. vii. p. 405, vol. viii. pp. 391, 549 ; Acta Facultatis 

St. Andrews University 343 

open places of the town the people meanwhile regaling them- 
selves with wine. Monday was apparently a day of much needed 
rest, but a solemn procession was fixed for Tuesday, February 6, 
in order that the feast of the arrival of the privileges might be 
celebrated on the same day as the feast of the arrival of the relics 
of St. Andrew. But who, asks Bower, could easily describe all 
that took place in that procession the sweet-toned singing of 
the clergy, the dancing of the people, the pealing of the bells, the 
notes of the organs ? On the same day the Prior solemnly 
celebrated the high mass De Sanclo Spiritu, and the Bishop of Ross 
preached a sermon ad clerum. The bedellus counted in the 
procession, besides a vast multitude of people, no less than four 
hundred clergy, besides choir boys and novices. The auspicious 
event was thus welcomed, as Tytler has remarked, c by a boister- 
ous enthusiasm more befitting the brilliant triumphs of war than 
the quiet and noiseless conquests of science and philosophy.' * 

The last stage of the procedure connected with the founding of 
the University of St. Andrews had now been reached, and it was 
at length entitled to take its place on the roll of European Studia 
Generalia. The procedure had been necessarily somewhat slow, 
but in the meantime the Doctors and Masters already named had 
not been idle. According to Bower, the first teachers in the 
University continued their lectures before the confirmation of 
its privileges for two years and a half. But this period only 
covers one year more than the interval between the date of 
the charter and the date of the bulls. If Bower is otherwise 
correct in his dates, an interval of more than three and a half 
years must have elapsed between the opening of the University 
and the arrival of the bulls. Be that as it may, shortly after 
the receipt of the bulls probably during the Lent of 1414 
a number of students were ready to ' determine,' and eleven 
of them obtained the degree of Bachelor of Arts. One of 
these had been a determinant at Oxford ; another was a Bachelor 
of that University whom the faculty admitted to the corre- 
sponding degree of St. Andrews in terms of the sixth papal bull 
above mentioned. With this first list of graduates the Liber 
Conclusionum of the Faculty of Arts begins, and for many years to 
come the history of the University, so far as teaching and gradua- 
tion are concerned, is little more than the annals of that faculty. 
No separate records of pre-Reformation date of any other faculty 
have been preserved, and only incidental references to such 
1 History of Scotland, 1864 ed., vol. ii. p. 44. 

344 J Maitland Anderson 

faculties and their officers, students, and graduates are to be met 
with in the records of the Faculty of Arts, and other contem- 
porary documents. That a Faculty of Divinity and Canon Law 
(Facultas Canonum) existed from the commencement of the 
University is quite certain, although its history cannot now be 
traced continuously. Medicine is frequently referred to as a 
subject of study, but it is doubtful if any organised faculty 
existed until quite recent times. 

It is noteworthy that neither in Bishop Wardlaw's charter nor 
in Pope Benedict's bulls is there any mention of endowments or 
of buildings. The initial wealth of the University consisted 
entirely of its local and general privileges. Its sole income for 
academical purposes arose from the dues which it exacted from its 
students and graduands. No provision was made for salaries to 
its Masters. As Buchanan remarks, 1 the University owed its 
beginning more to the willingness of learned men to offer them- 
selves to the profession of letters than to any public or private 
patronage. The first Masters were not, of course, altogether 
unrewarded, for they were allowed to hold benefices, and were 
dispensed from personally performing the duties attached to them 
so long as they were engaged in teaching. In the Faculty of Arts 
this system would soon come to an end, because in a few years 
the supply of competent regent Masters would be greater than the 
demand. In the Faculty of Theology and Canon Law, on the 
other hand, the Masters would usually be men of middle age who 
derived their chief income from parish churches or other prefer- 

It has been the custom of some writers on the University to 
assert that these early Masters read their lectures in a wooden 
building situated where St. Mary's College now stands. This 
statement has found, it is to be hoped, a last resting-place in the 
Dictionary of National Biography? It is difficult to account for the 
origin of so strange a notion. It may have arisen from the 
circumstance that on May n, 1406, Bishop Wardlaw obtained 
from Henry IV. of England a safe-conduct for two ships bringing 
timber from Prussia for church-building purposes. 3 Bishop Russell 
suggested that the word * church ' might have slipped into this 
document instead of * university.' * In 1 406, however, a university 
had not been thought of for St. Andrews, whereas about that time 

l His/oria,]. x. c. xviii. 'Vol. lix. p. 353. 

8 RotuR Scotiaf, vol. ii. p. 178. 4 Keith, Scottish Bishops, p. 28. 

St. Andrews University 345 

extensive repairs were being carried out on the woodwork of the 
cathedral, 1 and the Bishop may also have been preparing for the 
erection of the new parish church, which is almost exactly the 
same age as the University. 

In the matter of buildings St. Andrews was no worse off than 
many other mediaeval universities. For a long time the University 
of Paris had no home of its own. Each Master was at liberty to 
teach where he pleased. When a Nation or a faculty found it 
necessary to deliberate about something it met in the cloister, or 
in the refectory, of a convent. Larger assemblies were held in a 
church. 2 The same thing happened at St. Andrews. The 
Masters opened halls or pedagogies in different parts of the town. 
The Faculty of Arts met seventeen times between 1414 and 1432, 
* apud Sanctum Leonardum,' most likely in the church. It also 
met in other places until it was provided with a house of its own. 
The more solemn meetings of the whole University were held in 
the refectory of the Priory, where the papal bulls were first read, 
and the Rector was usually elected there. 

That the University of St. Andrews justified its existence from 
the first is not open to question. It may not have grown so 
phenomenally as Boece's phrase c excrevit in immensum' might 
lead one to suppose. On the other hand, it would not be fair to 
measure the number of its students by the modest lists of graduates 
in Arts that have survived. For one thing, it stopped the flow 
of Scottish students to foreign countries. Before St. Andrews 
University was ten years old, although the schism had been 
healed, the Scottish student had disappeared from Paris. This is 
vouched for by the learned editors of the Auctarium, who say 
(vol. ii. p. v.) : * Scoti omnes circa an. 1420 urbem deseruerunt, 
excepto uno Rogero de Edinburg, qui ipse an. 1429 ultimus 
Scotus defunctus est.' 

The story of the last years of the great papal schism as it 
affected Scotland has still to be written. This is not to be 
wondered at, as until lately printed sources of information were 
very limited, and the subject is one which does not perhaps attract 
many students of history. A good deal of the necessary information 
must still be sought for in the Vatican or other archives, but 
enough has been printed to enable anyone with a little research to 
supplement very considerably the narrative of the Scotichronicon? 

1 Scotichronicon, 1. vi. c. Iv. J Liard, L'Universite de Paris, p. 1 1. 

3 In spite of a few minor errors of fact and date, Mr. A. Francis Steuart's paper 
on ' Scotland and the Papacy during the Great Schism,' in the Scottish Historical 

346 J. Maitland Anderson 

In this article it is impossible to deal with the matter even 
cursorily. But as the University of St. Andrews was one good 
fruit of the schism, and was mixed up with it to the end, the 
subject cannot be passed over altogether. 

Reference has already been made to the hostile attitude taken 
up by the University of Paris against Benedict XIII. in I4O8. 1 
Benedict was not the kind of man to suffer abuse from any quarter 
without retaliation. So, on October 21, 1409, he f anathematized 
and cursed, deprived, condemned, and annulled the whole Parisian 
University.' 2 It was a period without parallel in the annals of 
the modern world. * There were now three Kings of the Romans 
even as there were three Popes. There were thus three heads of 
the temporal world and three heads of the spiritual world in 
Christendom. Those faithful souls who regarded the Pope as 
the sun and the Emperor as the moon must have been sore 
dismayed when they beheld three suns and three moons in the 
firmament at once. Once before, in 1046, there had been three 
Popes simultaneously ; once before, in 1347, there had been 
three who claimed to be Kings of the Romans ; but never before 
had there been three Popes and three Kings of the Romans at 
one and the same time, and the like was never to happen again.' s 
The struggle of the rival emperors came to an end with the 
success of King Sigismund ; but the struggle of the rival popes 
went merrily on. Scotland being content with Benedict, did little 
more than steadily adhere to him, and it was only when the calling 
of another council had been resolved upon by Sigismund and John 
XXIII. that Scotsmen were urgently summoned to join the fray. 

Scotland had taken no part in the Council of Pisa in 1409, 

Review, vol. iv. pp. 144-158, is an interesting and instructive contribution to the 
study of the subject. 

1 Scottish Historical Review, vol. viii. p. 229. 

2 Archiv fiir Litteratur- u. Kirchengeschichte, bd. iii. p. 647 ; Pages, Notes et docu- 
ments de FHistoire de Saint Vincent Ferrier, p. 1 54. Strong language and personal 
abuse were in vogue all round. ' Benedictus ' became ' Maledictus.' By another 
play upon his name his followers were known as * Lunatici.' Gregory XII., John 
XXIII., and the Emperor Sigismund received similar treatment. Even yet hard 
things are constantly being written about Benedict. In the new edition of the 
Encyclopedia Britannica he is met with as an extraordinarily skilful, adroit, and 
unscrupulous antagonist.' A Provencal writer, in the course of a few pages, 
contrives to call him an intriguer, a dissimulator, and a knave ; and to describe 
him as crafty, subtle, proud, and obstinate (Ch. Martin, Lou Casteu e lei Papo> 
tPAvignoun, pp. 68-85). 

8 Kitts, Pope John the Twenty-Third, p. 62. 

St. Andrews University 347 

but Simon de Mandeville, Archdeacon of Glasgow, attended the 
Council held by Benedict at Perpignan in 1408-9, ' pro rege et 
regno Scotie,' 1 while Thomas de Butill was present at the sub- 
sequent Council held by Benedict at the same place. At any rate 
he was at San Mateo, in the diocese of Tortosa, on October i, 
1414, when Benedict prorogued that Council till the first Sunday 
after Easter, I4I5. 2 

While Scotland stood practically solid in its adherence to 
Benedict, there are nevertheless some indications that it contained 
a few supporters of the Roman pontiff. The monk of Saint- 
Denys 3 asserts in a general way that when the roads that led to 
Rome had become safe, adherents of Pope John XXIII. at once 
set out from England, Scotland, and other countries to attend the 
Council which he had summoned to be held there in 1412. It 
may be questioned if anyone really went from Scotland. In the 
end of the year the University of Paris advised the Pope to 
prorogue the Roman Council and to despatch embassies to Spain, 
Aragon, Scotland, and other regions outwith his obedience, to 
induce them to send ambassadors to the Council. The Pope 
agreed to do so, and the embassy to Spain was sent on May 18, 
1413. Nothing is known of a similar embassy to Scotland. 4 

On April 8, 1414, the University of Paris despatched John of 
Austria, 5 Master of Arts and Professor of Theology, to Scotland. 

1 Archiv fiir Litteratur- und Kirchengeschichte, bd. vii. pp. 671, 691. Simon de 
Mandeville, described as of noble birth, was a nephew of Matthew Glendoning, 
Bishop of Glasgow. He graduated Master of Arts at Paris in 1394, and in 1406 
was lecturing on Civil and Canon Law at Orleans. In answer to petitions he 
obtained grants of various benefices from Benedict, and while at Perpignan, where 
he is styled papal chaplain and Doctor of Canon and Civil Law, the pope, motu 

proprio, added to the number and dispensed him to hold more ; but he never 
returned to Scotland, having died at the court of Benedict in 1409. He appears 
to have been in Scotland in 1407, and to have left again in 1408. Chartularium, 
vol. iv. pp. 73, 109 ; Auctarium, vol. i. cols. 689, 690 ; Cal. of Petitions to the Pope, 
vol. i. pp. 583-639 ; Cal. of 'Documents relating to Scotland, vol. iv. pp. 149, 155. 

2 Finke, Acta Concilii Constanciensis, bd. i. p. 339. 

3 Chronique du Religieux de Saint-Deny s, vol. iv. p. 730. 

4 Finke, Acta Concilii Constanciensis, bd. i. p. 156. 

5 Johannes Mullechner, better known as John of Austria, entered the University 
of Paris in the direst poverty. He was unable to pay any of the fees due at 
the various stages of his Arts course. Yet he rose to be one of the most prominent 
members of the University in his day. He is last mentioned in the records of his 
Nation as its chosen spokesman before the Emperor Sigismund when he visited the 
University of Paris in 1416. His is one of the names most frequently mentioned 
in the Chartularium, vols. iii., iv., and in the Auctarium, vols. i., ii. 

348 J. Maitland Anderson 

He was accompanied by John Gray, 1 a Scotsman, Master in 
Medicine as well as in Arts, as representing the King of France, 
and probably by others. The University's instructions to the 
leader of this embassy have been preserved and printed.' 2 He 
was to travel through England, with a safe-conduct, and if 
possible obtain an interview with the captive King of Scotland, 
and briefly explain to him the purpose of the embassy. He was 
then to go to Sr . hd and see the Duke of Albany and other 
powerful nobleb and prelates, and endeavour to arrange for a 
meeting of the three estates in order that the intention of the 
University of Paris might be explained in detail. At the same 
time he was to ask the University to be excused for not sending 
a more imposing embassy, and to point out the cause that had 
prevented this from being done. Further, if it seemed good to him, 
he was to plead, as an excuse for his failure to send letters to 
the University of St. Andrews, that the University of Paris had 
not yet been fully informed concerning the founding of a 
university at St. Andrews. If it had been so, letters would 
certainly have been written. Its members were to be asked to 
help and direct him in his business the main object of which was 
to secure a good representation from Scotland at the forthcoming 
Council of Constance. This was the proposal he was to make to 
a general assembly of the estates if they could be got together. 
Failing that, he was to deal with the nobles and prelates in- 
dividually as he could find them. As little as possible was to be 
said about the Council of Pisa. His chief duty was to induce 

1 John Gray was Master of Arts of Paris of 1374, and Master of Medicine in 
1395, also of Paris, where he lived for many years, and was Dean of the latter 
faculty in 1413. He was evidently a man of affairs, as he was sent on several 
embassies by the Kings of France and Scotland. He had the misfortune, however, 
to be the son of a married man and a nun, a circumstance which troubled him 
through life, and at one time led him to commit perjury. Four popes granted 
him dispensation, rehabilitation, or absolution in the course of his career. He 
had a perfect mania for benefices, and obtained a fair share of them in France 
as well as in Scotland. Plures canonicatus quaesivit has been written of him, and 
he did not ask in vain. In the end Eugenius IV. dispensed him to hold any 
benefices, with or without cure, of any number and kind compatible with one 
another, even if canonries, prebends, or dignities, and to resign them all, simply or 
for exchange, as often as he pleased. Auctarium, vol. i. col. 451, etc. ; Jourdain, 
Index CAartarum, pp. 198, 215 ; Chartularium, vol. iv. p. 263, etc. ; Cal. of 
Petitions to the Pope, vol. i. pp. 592, 606, 636 ; Cal. of Papal Letters, vols. vii., viii. 
passim ; Exchequer Rolls, vol. iv. pp. xlix. 163, 676 ; Reg. Mag. Sig. vol. ii. p. 27 ; 
Cal. of Documents relating to Scotland, vol. iv. p. 213; Finke, Acta Concilii Constan- 
tiensis, bd. i. p, 349. 

2 Jourdain, Index CAartarum, p. 232. 

St. Andrews University 349 

them to send a grave and dignified company to Constance, and to 
impress upon them the good that was likely to flow from such a 
course and the evil that might result from its neglect. As an 
inducement he was to set forth the labours undertaken by the 
University of Paris in the matter of a united and universal church, 
all which might move them to join a Council through which, by 
the Divine help, full and perfect peace in the whole church might 
be attained. Finally, he was directed to offer a friendly greeting 
to the University of St. Andrews, and to bring back the replies 
he obtained in writing. 

On the same occasion the University of Paris sent an ( Epistola 
Consolatoria ' to King James, in which the University, while 
deploring his odious captivity, sought to comfort him with the 
reflection that even greater misfortunes had befallen some of the 
most illustrious rulers of the ancient world. With much unction 
and scriptural allusion, the University went on to remind the 
King that things spiritual were of more concern than things 
temporal, and called upon him to play his part in bringing about 
the splendour of ecclesiastical peace by helping to put the church 
under one undoubted head. He was also made acquainted with 
the despatch of messengers to the governor, prelates, and people 
of his kingdom. 1 

In September, 1414, it was reported to Benedict, by some of 
his adherents in Paris, that ambassadors had been sent to Scotland 
and elsewhere to obtain adherence to the Council of Constance. 
In the same document Scottish students in Paris, to the number 
of twenty and upwards, petitioned to be allowed by Benedict to 
continue their studies there, or at other French universities, and 
to be afforded facilities for proceeding to degrees in Arts. 
Benedict's answer to this petition is interesting. Scottish magis- 
trands were to be authorised to receive the degree of Master of 
Arts, publicly in Scotland, from the Bishop of St. Andrews after 
producing evidence that they had completed the necessary courses 
at Paris. Alternatively, authority would be committed to 
someone adhering to Benedict to confer the degree upon such 
magistrands at Paris, but in this case it was to be done in 
private. 2 

The Council of Constance was opened on November 5, 1414. 
The attendance was small and unrepresentative. Nevertheless, 

1 Chartularium Universitatis Parisiensis, vol. iv. p. 285. 

2 Finke, dcta Concilii Constanciensis, bd. i. p. 351. 

350 J. Maitland Anderson 

the Council turned out to be the most brilliant assemblage of 
clergy and laity ever witnessed in mediaeval Europe. Scotland 
officially held aloof from the Council, but individual Scotsmen 
found their way there all the same. 1 Among them was Finlay de 
Albania, Bachelor of Theology, a Dominican Friar, Provincial of 
the Order in Scotland, and special confessor to Robert, Duke of 
Albany, governor of the realm. How he came to be at Constance 
is not at all clear, but that he was there is made certain by the 
diary of Cardinal Fillastre. In 1416 he was sent to Scotland as 
an ambassador of the Council, to invite and exhort the King and 
the Governor, as well as the clergy and nobles, to send representa- 
tives to the Council to aid in procuring the union of the church. 
He duly fulfilled his mission and the letters of which he was the 
bearer were published at St. Andrews, in presence of Bishop 
Wardlaw and a great gathering of clergy, nobles, and people. 

The University and the clergy appear to have made no response 
to the Council's appeal ; but the Governor wrote a letter to the 
Council dated from his castle of Doune, November 4, 1416. He 
acknowledged receipt of the communication which Finlay had 
brought to him ; assured the Council that nothing lay nearer his 
heart than the promotion of union and the extirpation of strife 
with its evil consequences ; and explained that he had intended to 
send ambassadors to the Council but that many impediments had 
come in his way, not the least of these being the constant risks of 
wars, plunderings, and other calamities between Scotland and 
England. He promised to send ambassadors at the earliest 
opportunity and to empower them to do everything they could to 
procure the peace and reform of the church ; and he invoked the 
Divine power to strengthen and prosper the efforts that were 
being made to reach the happy issue of a holy and salutary union 
of the mother church. 

Finlay was forthwith sent back to Constance with the Governor's 
letter, which also empowered him to inform the Council more 
fully of the position of affairs in Scotland. Finlay's account of 
the result of his mission to Scotland was heard by the Council on 
January 4, 1417. When the Governor's letter was read, an 
unnamed English doctor spoke in praise of the King of Scotland 

1 In Richental's Chronik des Constanzer Conciis there are various references to the 
presence of Scotsmen ; and Kitts may be trusted to have authority for saying that 
' at the tables outside the inns sat scholars from Prague or Heidelberg, singing 
songs of the fatherland, while stern English or Scotch knights looked stolidly on ' 
(Pope John the Twenty-third, p. 248). 

St. Andrews University 351 

(Scotie) 'and always called him King of Scots (Scotorum}' No 
other reply was made, for the reason that Finlay was not the 
ambassador of the King but of the Council. 1 

It may be added here that on the accession of Pope Martin V., 
Finlay de Albania and Griffin Yonge, Bishop of Ross, were sent 
to Scotland as papal nuncios to receive the fealty and obedience 
of the King and country, and to grant absolutions and dispensa- 
tions of the usual kind to those who needed them. Finlay after- 
wards became Bishop of Argyll, but soon fell into disgrace and fled 
to Ireland, where he died. On May 13, 1426, Martin V. issued 
a mandate to the Bishops of St. Andrews and Dunblane author- 
ising them to inquire into his conduct and send the result to the 
Pope, who had been informed by the King that Finlay had given 
counsel and aid to traitors and rebels, and was so much hated by 
the clergy and laity of his diocese that he could not be tolerated 
in those parts without grave scandal. 2 

For the first five years of its existence as a corporate body the 
Faculty of Arts at St. Andrews was fully occupied in the 
administration of its own internal affairs. It was not until 1418 
that it took part in a matter of national concern. This was none 
other than the withdrawal of obedience from Benedict XIII. and 
its transference to Martin V. 3 Benedict had been deposed by the 
Council of Constance on July 26, 1417, and Martin had been 
elected Pope on November 1 1 following. 4 Scotland was now 
the only country that in any real sense remained faithful to 
Benedict, and a strong effort was accordingly made to win it over 
to the majority and so finally put an end to the great papal 
schism. Scotland was still unrepresented at the Council, and so 

1 H. von der Hardt, Rerum Conciln Constanciensis, torn. iv. p. 1086 ; Lenfant, 
Histoire du Concile de Constance, torn. i. p. 603, torn. ii. p. 3 ; Finke, Forschungen 
u. Quellen zur Geschichte des Konstanzer Konzils, p. 186. 

2 Scotichronicon, 1. xvi. c. x. ; Eubel, Hierarchia Catholica, vol. i. p. 25 1 ; Calendar 
of Papal Letters, vol. vii. pp. 6, 69, 473. 

3 In taking this step St. Andrews was simply following the example of the 
University of Paris, which had become a power in the State and lost no 
opportunity of making its presence felt. That University intervened in all 
public feuds and gave judgment at one time for the Pope and at another time 
for the King. Its ambassadors sought to direct the Councils of Pisa and 
Constance, and to make the University the arbiter of the papacy by pronouncing 
upon the rival pretensions to the heritage of St. Peter (Liard, L'Univenite de 
Paris, p. 14.). 

4 On December 3 Martin wrote to King James, informing him of his election. 
Rymer, Foedera, vol. ix. p. 523. 

352 J. Maitland Anderson 

the Abbot of Pontigny was despatched to Scotland, in 1417, for 
the special purpose of securing the adhesion of the Scottish 
Church to the Council, and of effecting the withdrawal of its 
obedience from Benedict. He duly arrived and expounded his 
twofold mission in a speech of great eloquence before the Governor 
and three estates of the kingdom at Perth. 1 About the same 
time the Emperor Sigismund wrote from Paris to the Governor 
and three estates, urging them to send procurators to the Council, 
so that Scotland might be represented in it as well as other 
countries. 2 Meanwhile Benedict was looking sharply after his 
own interests. He wrote a letter to the Governor and three 
estates entreating them to persevere in their obedience to him. 
He had a firm adherent in the Duke of Albany, who appointed 
an English Franciscan friar named Robert Harding, Master in 
Theology, to take up the cause of the church on behalf of 
Benedict. This he did with great vigour in numerous disputa- 
tions and speeches. But all his eloquence and sophistry failed to 
uphold the waning cause of Benedict. The whole University of 
St. Andrews rose up against Harding, says Bower. Supported by 
the Governor, however, he attacked the University and heaped 
abuse upon its members both orally and in writing. They in 
their turn gave as good as they received. 3 

The attitude taken up by the Masters of the University may 
at first sight seem strange and ungrateful, but it was the only 
course left open to them to pursue. The restoration of unity to 
the church had now become the one great question of the day, 
and it was abundantly clear that this could not be accomplished 
through any of the three rival popes. John XXIII. had been 
deposed by the Council of Constance as early as May 29, 1415, 
and Gregory XII. had abdicated on July 4 of the same year. 
For the next two years every effort had been put forth to induce 
Benedict to withdraw his claims and so restore peace, but he 
remained obdurate, and sentence of deposition had at last to be 

1 John de Bienville, Doctor of Theology, was the thirty-second abbot of the 
Cistercian monastery at Pontigny in the diocese of Auxerre. He joined the 
Council of Constance in 1414. Boece says of him that he was renowned for 
the greatness of his erudition and the sanctity of his life. After fulfilling his 
mission to Scotland, he is understood to have proceeded to England to transact 
business connected with the affairs of his order (Scotickronicon, 1. xv. c. xxiv. ; 
Boece, Scotorum Historiae, 1. xvi. ; Martene et Durand, Thes. Nov. Artec, vol. iii. 
col. 1259 ; Gallia Christiana, vol. xii. col. 450). 

2 Scotichronicon, 1. xv. c. xxiv. 3 Scotichronicon, 1. xv. c. xxiv. 

St. Andrews University 353 

Scotland had adhered to the Avignon anti-popes from the 
outbreak of the schism in 1378, but now that it was all but healed, 
after a long conflict of nearly forty years, further adherence to the 
line of Anagni would have been unjustifiable. There was doubtless 
much personal sympathy with Benedict in his disappointments 
and misfortunes among the members of the University, most of 
whom were indebted to him for the positions in the church which 
they held. 1 But the strong desire for peace, for a reunited church, 
and for the suppression of Lollardism and other heresies, out- 
weighed all private and personal considerations, and the Masters 
of the University made up their minds to advise the country to 
acquiesce in the decrees of the Council of Constance. This 
determination was officially carried into effect at a meeting of the 
Faculty of Arts held at St. Leonard's on August 9, 1418, when it 
was concluded that obedience ought to be withdrawn from * Peter 
de Luna, formerly known as Benedict.' With a few exceptions, 
every Master in the Faculty formally withdrew his obedience 
from Benedict and transferred it to Martin. The meeting then 
proceeded to appoint a deputy to appear before a council and, in 
presence of the Governor and three estates of the realm, to make 
known the decision of the Faculty with the view of inducing the 
Governor and the whole council to solemnly celebrate withdrawal 
of obedience from Peter de Luna and to proclaim the obedience 
of the Scottish Church to Pope Martin V. the solemn act of 
withdrawal to be postponed to a general council out of respect for 
the Governor and whole kingdom. In case the Governor might 
not wish to withdraw obedience from Peter de Luna, but, on the 
contrary, might wish to persevere in it and to send ambassadors to 
him, the Faculty took upon itself the duty of celebrating the 

The whole question of the relation of Scotland to the new 
Pope was debated on October 2 or 3, 1418, in a general council 
of the three estates of the realm held at Perth. There Harding 
made a final stand on behalf of Benedict, in a lengthy harangue in 
which he made use of all the arts of mediaeval rhetoric. He was 
opposed by the deputy from St. Andrews, Master John Elwold, 
Rector of the University, and by other eminent theologians, who 
declared his conclusions to be scandalous and seditious, savouring 
strongly of heresy, fruitful of schism, and anything but conducive 

1 It is rather remarkable that not one of the men associated with the founding 
of the University, nor one of its first teachers, is named as having taken part in the 
proceedings connected with the withdrawal of obedience from Benedict. 

354 J Maitland Anderson 

to the unity of the church. Master John Fogo was also con- 
spicuous in his hostility to Harding. The debate appears to have 
been carried on with much bitterness on both sides, but in the 
end the counsels of the University prevailed and Scotland with- 
drew its obedience from Benedict and adhered to Martin. The 
records of the Faculty of Arts contain no further allusion to the 
matter except that on October 10, 1418, it was agreed, as a mark 
of favour and goodwill, that the Rector should have ten shillings 
for his expenses in attending the general council at Perth. 

There is no mention of Elwold as Rector in any University 
document, and his name had not been known to the compiler of 
a list of rectors drawn up about 1533. Nevertheless, Bower is 
almost certain to be correct in attributing this distinction to him. 
John Elwold, or Elwald, was a determinant in Arts of the Uni- 
versity of Paris in 1399, and a Licentiate in the same year. This 
achievement was an uncommon occurrence at the time, the usual 
interval between these degrees being from two to three years. 
He began to lecture in 1400, and took an active part in the 
affairs of the English Nation until 1406, when he may have 
returned to Scotland. He was twice elected Procurator of his 
Nation in 1401, and while in office he drew attention to the fact 
that its members were not getting their proper share of bursaries 
at the Sorbonne. He held one himself, and appears to have been 
successful in his efforts on behalf of other ' supposts.' In 1401 
and 1402 several of his own countrymen determined under him. 
He is last heard of at Paris as one of three provisors for the feast 
of St. Edmund, appointed on November n, 1406. Very little 
information is available as to his career in Scotland. He is 
doubtless the John Elwalde who figures in the index to volume 
vii. of the Calendar of Papal Letters as 'canon of Glasgow, rector 
of Markinch and vicar of Selkirk Regis, afterwards rector of 
Kirkandrews and Kirkinner, with the rectory of Markinch in 
commendam' The two entries in the text of the volume relate to 
the year 1423, and describe Elwold as Licentiate of Theology as 
well as Master of Arts. They afford a good example of the 
complicated manner in which ecclesiastical benefices were wont 
to be given, resigned, or exchanged. 1 

John Fogo, whom Bower calls ' magister in sacra pagina,' and 
Boece ' sacrarum literarum professor,' may have been a member 
of the Faculty of Theology at St. Andrews. He was at this 

1 Scotichromcon, \. xv. c. xxiv. ; Auctarium, vol. i. cols. 790-934 ; Cal. of Papal 
Letters, vol. vii. pp. 251, 269. 

St. Andrews University 355 

time a monk of the Cistercian abbey of Melrose, of which he 
became abbot between 1422 and 1425. On June 9 of the latter 
year he was, as Abbot of Melrose, included in the embassy of the 
King of Scotland to the Roman court. On January 8, 1426, and 
again on January 8, 1430, he is styled the King's confessor. As 
already noted, he was concerned in the trial of Paul Craw, at St. 
Andrews, on July 23, 1433, while on November 30 of the same 
year he and a number of other Scotsmen had a safe-conduct to 
the Council of Basel. About the same period Fogo crossed 
swords with Laurence of Lindores on a question of international 
policy, with the result that he was summoned to St. Andrews by 
the redoubtable inquisitor, where he was speedily convinced of 
the hollowness of his arguments. Fogo appears to have held the 
abbacy of Melrose till 1440 or later. 1 

These proceedings did not quite settle the question of obedience. 
Benedict had still a number of sympathisers in the country 
sufficient to encourage Harding to carry on an agitation in his 
behalf. But on July n, 1419, a bull was issued by Martin 
condemning the errors of Harding and empowering Laurence of 
Lindores, as inquisitor for Scotland, to seize and detain him. In the 
event of his retracting his errors, and humbly and publicly seek- 
ing pardon, he was to go unpunished, after being gently admonished 
by Laurence ; but if he remained obstinate and refused to walk 
in the light, he was to be dealt with according to use and wont in 
such cases. 2 On the same day the Pope wrote thanking the 
doctors and masters of the University for the stand they had 
taken against Harding, and calling upon them to aid the inquisitor 
in finally putting him and his supporters to silence. Fogo is said 
to have been energetic in procuring these bulls, and would seem to 
have been the messenger who brought them from Florence, where 
the Pope was holding his court. Shortly after their arrival 
Harding suddenly took ill and died at Lanark. 3 With his demise 

1 Scotichronicon, 1. xv. cc. xxiv., xxv. ; 1. xvi. cc. xxiii., xxiv. ; Boece, Scotorum 
Hlstoriae, 1. xvii. ; Cal. of Papal Letters, vol. vii. p. 214; Rymer, Foedera, vol. x. 
PP- 344, 537; R'g> Mag. Sig. vol. ii. pp. 6, 29 ; Liber de Metros, pp. 493-5745 
Morton, Monastic Annals ofTeviotdale, p. 236. 

2 Boece's information is that if Harding had not made his escape by flight he 
would have been burned as a heretic (Hlstoriae, 1. xvi.). Of all the persons named 
in the early annals of the University, Harding is the most obscure. Bower 
appears to be the sole contemporary authority for what is known about him. I 
find no trace of his name in any printed academical or papal register. 

3 Scotichronicon, 1. xv. cc. xxiv., xxv. Notarial (but obviously not quite accurate) 
copies of these bulls are preserved in the University Library at St. Andrews. I 

356 J. Maitland Anderson 

all serious opposition to Martin ceased, and Scotland was for the 
time ecclesiastically at peace. 

Among existing universities St. Andrews stands about twenty- 
ninth in the order of foundation. If regard were had to unbroken 
continuity, it would stand about twentieth. The careers of nine 
or ten of its predecessors have been chequered. Some of them 
were in abeyance for long periods, or lapsed altogether and had 
to be refounded. St. Andrews University has occasionally been 
dispersed for a few months on account of plague or the unsettled 
state of the country, but, so far as is known, its doors have never 
been closed for a complete academical year. In another aspect of 
chronology it is worth noting that the University of St. Andrews 
was the last of ten universities founded during the Great Schism, 
which began in 1378 and ended in 1417. Three of these are 
now German universities, two are Italian, one is Hungarian, one 
French, and one Scottish, while two are extinct. The following 
is the list, with the names of the popes who confirmed their 
foundation, and the dates of their respective bulls : 

Erfurt, Clement VII. , September 18, 1379. 

Heidelberg, Urban VI., October 23, 1385. 

Cologne, Urban VI., May 21, 1388. 

Budapest, Boniface IX. (month and day unknown), 1389. 

Ferrara, Boniface IX., March 4, 1391. 

Wiirzburg, Boniface IX., December 10, 1402. 

Turin, Benedict XIII., October 27, 1404. 

Leipsic, Alexander V., September 9, 1409. 

Aix-en-Provence, Alexander V., December 9, 1409. 

St. Andrews, Benedict XIII., August 28, 1413. 

Of these ten universities, seven were founded by Roman popes 
and three by Avignon anti-popes ; but St. Andrews is the only 
one whose foundation rests solely on the bull of an anti-pope. 
The Avignon anti-popes were Clement VII. and Benedict XIII. 
Clement's bull in favour of Erfurt could not be put into 
execution on account of the troubled state of the times, and 
within a few years the city transferred its obedience to Urban VI. 
On May 4, 1389, another bull of erection was obtained from 
Urban, in which no reference is made to the earlier bull of 

made transcripts of them so long ago as 1888 and now print them as appendices 
to this article. The bull addressed to Laurence of Lindores is partly printed in 
the Scotichronicon ; the one addressed to the University has not, so far as I know, 
been printed before. 

St. Andrews University 357 

Clement. This new bull may have been applied for merely as a 
matter of policy, or for greater security, but it made no difference 
in the year from which the University of Erfurt dated its 
foundation. A similar delay was caused by wars in the case of 
Turin, and meanwhile Savoy and Piedmont had gone over to the 
Roman obedience. A new bull was accordingly applied for from 
John XXIII., and obtained on August i, 1412. The University 
of Turin, however, still dates its birth from the bull of Benedict. 
There was turmoil in Scotland as well as on the Continent, but 
the kingdom adhered to Benedict till the formal close of the 
schism. Thereafter no effort was ever made to obtain a re- 
foundation of the University of St. Andrews at the hands of a 
Roman pontiff. Such a step was entirely unnecessary, and fees 
paid to the papal chancery for such a purpose would have been 
good money utterly wasted. All the same, it has been a source 
of concern to not a few that the University of St. Andrews was 
not founded by a 'legitimate' pope. But there never was the 
slightest cause for anxiety on that account. Within their 
respective obediences Clement and Benedict were perfectly 
legitimate popes, and their bulls were just as valid as those 
issued by their rivals. 1 When at last Scotland withdrew its 
obedience from Benedict XIII., and transferred it to Martin V., 
the new pope raised no question whatever as to the validity of 
the University of St. Andrews, although it was founded by men 
whom he believed to have been steeped in schism. On the 
contrary, and at the earliest opportunity (July n, 1419), he 
greeted its doctors and masters as his beloved sons, and sent them 
his apostolic benediction. It was the same with all Benedict's 
other transactions in Scotland. Nothing was upset or interfered 
with, while many of his grants and dispensations, without being 
questioned, were confirmed or renewed by Martin. Benedict's 
arms have held their place on the common seal of the University 

1 It was clearly impossible for anyone living at the time of the schism to know 
with certainty who was the true pope. Much has been written on the subject 
since, but it remains an open question still. As to that Protestant and Catholic 
writers are at one. Thus in Hook's Church Dictionary (1896), it is said that 'as 
to the fact which , >f the two rivals was pope and which anti-pope, it is impossible 
even now to decide.' The Catholic Dictionary of Addis and Arnold (1897) does 
not go quite so far, but is constrained to allow that ' even now it is not perhaps 
absolutely certain who was pope and who anti-pope.' It is significant also that 
in the list of anti-popes drawn up by Cardinal HergenrOther, Prefect of the 
Apostolic Archives, and adopted by the Catholic Encyclopedia at present in course 
of publication, the name of Peter de Luna does not occur. 

358 J. Maitland Anderson 

from its foundation until now. They are believed to have been 
removed from the mace of the Faculty of Arts by Archbishop 
Spottiswoode, to make room for his own as Chancellor. When, 
in 1905, ensigns armorial for the University were, for the first 
time, designed and matriculated, the silver crescent reversed of 
Peter de Luna was given a prominent position between the gold 
mascles of Henry Wardlaw. Underneath, a red lion rampant 
recalls the name and title of another founder all three of them 
men who did well for St. Andrews and for Scotland. The lamp 
which they lit five centuries ago has never gone out : in spite of 
its age, it burns brighter to-day than it ever did before. 



A. Bulla Martini Laurencio de Lundoris, heretice pravitatis Inquisitori, 
contra fratrem Robertum Harding concessa. 

Martinus episcopus servus servorum Dei dilecto filio Laurencio de Lun- 
doris, licenciato in theologia, in regno Scocie heretice pravitatis Inquisitori, 
salutem et apostolicam benedictionem. Inter precipuas solicitudines regi- 
minis ecclesie ex injuncto divinitus nobis officio saluti gregis dominici 
propensius intendere et fervencius invigilare debemus, hec nobis incumbit 
cura potissima ut errores et scandala omnemque eiusdem gregis infectivam 
doctrinam prorsus abjicere et funditus exstirpare conemur. Cum igitur ad 
nostrum fidedignorum relacione ac fama publica referente devenerit nuper 
auditum, quod in regno Scocie quidam frater Robertus Hardyng, de ordine 
Minorum, plures articulos falsos, scandalosos, sediciosos, auriumque piarum 
offensives, et quosdam ex ipsis erroneos ac heresim sapientes, quorum 
fecimus inferius describi tenores, publice dogmatizare, asserere, predicare, 
defendere non veretur. Nos volentes talibus scandalis obviare, et ne tales 
perdurare aut succrescere contingit errores, prout ex injuncti nobis officii 
pastoralis obligacione tenemur providere, cupientes discrecioni de qua in his 
et aliis fiduciam gerimus in Domino specialem, committimus et apostolica 
auctoritate presencium tenore mandamus quatinus prefatum fratrem 
Robertum, ubicumque eciam intra loca sacra vel alia quacumque im- 
munitate gaudencia repertum, capias seu capi et detineri facias, ipsumque 
caritative moneas et requiras quatinus a predictis dogmatizacione, assercione, 
predicacione, et affirmacione penitus desistens, predictos articulos et doc- 
trinam in eis contentam publice et cum debita solemnitate revocet, 
contrariamque illis erroribus fateatur veritatem, petendo penitenciam et 
graciam de commissis, quas si humiliter et publice pecierit nostra auctoritate 
concedi volumus et jubemus. Si vero, quod absit, ab hujusmodi erroribus 
resipiscere et in lucem ambulare noluerit, sed in tenebris permanere, contra 
ipsum eiusque sequaces et fautores si qui sint, summarie, simpliciter, et de 

St. Andrews University 359 

piano sine strepitu et figura judicii, ipsis et aliis que fuerunt vocandi vocatis 
procedas eciam ex officio prout in talibus est fieri consuetum, contradictores 
quoslibet et rebelles, per censuram ecclesiasticam et alia juris remedia 
oportuna compellendo. Testes autem qui fuerunt nominati si se gracia, 
odio, favore, vel amore subtraxerint censura simili compellas veritati 
testimonium perhibere, quoniam in premissis omnibus et singulis tibi ex eis 
plenam et omnimodam concedimus dicta auctoritate facultatem, consti- 
tucionibus et ordinacionibus apostolicis, ac de duabus dictis in concilio 
generali necnon statutis et consuetudinibus ac privilegiis dicto Roberto, 
vel quibusvis aliis, ab apostolica sede concessis, eciam si de ipsis et totis 
eorum tenoribus habenda sit in nostris literis mentio specialis et aliis 
contrariis non obstantibus quibuscumque. Predictorum vero articulorum 
tenor sequitur et est talis : 

Primus articulus. Si Benedictus cederet, daret occasionem suis subditis 
eterne damnationis. 

Secundus. Secundum justum juris ordinem, prius debet fieri restitucio 
Benedicto quam ipse teneatur cedere. 

Tercius. Si post Concilium Constanciense Benedictus fuerit notorie 
negligens, prelati Scocie habent jus ad procedendum ad monendum et 
abscindendum ipsum, si sit incorrigibilis ; quo casu dato, per ipsos Benedicto 
preciso, ipsi prelati qui sunt de obediencia Benedicti habent jus eligendi 
papam unicum. 

Quartus. [Quod] post negligenciam notoriam et incorrigibilem Benedicti 
et abscisionem ejusdem, ecclesia Scoticana tenetur, propter omne dubium 
removendum papatus in Martino, primo eidem jus papatus exhibere et 
deinde obedienciam sub inferre. 

tjhiintus. Quia damnavit Concilium Constanciense, et quod ibi ex- 
istentes non potuerunt facere unionem in ecclesia Dei, sed tantum illi de 
regno Scocie sicut exemplum dedit de elephante. 

Sextus. Quod aliqui de regno Scocie, prevenientes suos fratres, Martino 
obedientes, sunt filii diaboli et viperis similes ; et sequitur similis assercio 
quod illi qui receperunt beneficia a Benedicto, postea adherentes Martino, 
sunt similes scorpionibus, et hoc secundum duplicem proprietatem. 

Septimus. Quod quamdiu Johannes vivit incarceratus non erit unio in 
ecclesia Dei sine suspicione. 

Octavus. Post negligenciam notoriam Benedicti, jus ecclesie universalis 
descendit in membra obediencie ejus. 

Nonus. [Quod] soli illi de obediencia Benedicti sunt catholici, et 
omnes alii scismatici et heretici. 

Decimus. [Quod] Benedictus non fuit negligens quoad ilia [quae] 
respiciunt unionem ecclesie, nee in Concilio Constanciensi nee tempore 

Datum Florencie quinto idus Julii pontificatus nostri anno secundo. 

B. Bulla Martini Universitati pro assistencia prestanda Inquisitori heretice 

pravitatis concessa. 

Martinus episcopus servus servorum Dei dilectis filiis magistris, doctoribus, 
et Universitati Studii Sanctiandree salutem et apostolicam benedictionem. 

360 St Andrews University 

Miliciam quam ut boni constantesque Cristiane fidei defensores contra 
erraneos et scandalosos articulos fratris Roberti Hardyng laudabiliter 
suscepistis in Domino commendamus. Et quamvis ex ipso facto vos et 
vestrum quilibet a Domino nostro Jesu Christo procul dubio premia 
sperare possitis, tamen et nos qui non nostris mentis, sed divina dementia 
disponente, gerimus vices suas in terris vobis graciarum condignas referrimus 
acciones caritatem vestram hortantes quatinus dilecto filio Laurencio de 
Lundoris, heretice pravitatis in regno Scocie Inquisitori, cui caritativam 
monicionem ipsius Roberti si resipiscere velit, et eciam correccionem si 
in malo perseverit, commisimus ut in nostris literis latius patet, oportunis 
favoribus, consiliis, et auxiliis assistatis, et ita super his et aliis fidem 
prefatam ac nostrum et dicte ecclesie statum, et insuper vestrum honorem 
concernentibus, vos geratis ut vestra possit devotio apud nos et sedem 
apostolicam non immerito commendari, nosque et ipsa sedes proni ad ea que 
universitatis vestre respiciunt incrementa, vestris hoc exigentibus mentis 
laudabilibus efficiamur quotidie proniores. Datum Florencie quinto idus 
Julii pontificatus nostri anno secundo. 

Two Ballads on Viscount Dundee 

THESE contemporary ballads on Dundee have escaped notice, 
and though their literary value is of the smallest, they 
possess a certain historical interest. 

{ The Scotch Protestants Courage ' comes from the Pepysian 
collection. It falsifies the facts about the battle in the most 
unblushing manner, but it is quite possible that the writer did 
not know what had really happened. As Macaulay says, ' The 
news of Dundee's victory was everywhere speedily followed by 
the news of his death, and it is a strong proof of the extent and 
vigour of his faculties that his death seems everywhere to have 
been regarded as a complete set off against his victory.' 

Luttrell's Brief Relation of State Affairs contains the account of 
the battle as the news reached Londoners. About August 3, it 
states : 'Letters from Scotland bring, that Major-General Mackay 
with 3000 men, engaged the Viscount of Dundee with 6000, near 
the Blair of Atholl ; that the fight was maintained very sharply 
for some time, but two of the Scotch regiments (that came from 
Holland would not fight) which occasioned a disorder among our 
men ; but the rebells drawing off to the hills, our men made good 
their retreat ; several were killed on both sides, and among the 
rebels 'tis assured that the Viscount of Dundee himself is killed/ 
About a couple of days later the news of Dundee's death is con- 
firmed, and a little later comes the entry: *The Scotch letters say 
there had been another engagement between a party of the rebells 
consisting of 400 foot and 80 horse, and a party detached from 
Generall Macay, near St. Johnstown ; that they cut off all the 
rebells except some few they took prisoners.' 1 Luttrell's ' Diary,' 
as it is commonly called, gives the items of news it records under 
the date of the month, and arranges them in chronological order, 
but does not always give the date of the day. The skirmish last 
referred to took place on July 3 1 , four days after the battle of 
Killiecrankie. It seems clear that the ballad was written about the 
middle of August. 

1 Luttrell, i. 565, 566. 

362 C. H. Firth 

The ballad entitled 'Bonny Dundee * is from a manuscript collec- 
tion of Jacobite songs and satires, all written in the reign of 
William III., which is now in the possession of Charles Ffowkes, 
Esq., F.S.A., of Oxford. He has allowed me to copy this and a 
number of other pieces from it. The volume is throughout written 
in a contemporary hand, and seems to be a collection of fugitive 
verses circulated in manuscript and recopied by the collector 
some time before the end of William's reign. 

The interest of this particular piece consists largely in the use 
of the phrase, ' Bonny Dundee.' I think this is the earliest 
instance of the transfer of the phrase from the place, to which it 
was originally applied, to the man. _ __ 


To the Tune of, * Billy and Molly Licensed according to Order.' 

Here's Joyfull Tydings now we bring 

from the brave Scotish Nation, 
The fame of Protestants shall ring, 

through Town and Corporation : 
The Rebell which did lead the Van, 

and o'er the Mountains scouted, 
At length brave Boys is dead and gone, 

and all his Forces routed. 

The Protestant great General, 

who led his men to Battel ; 
Although on both sides some did fall, 

while Guns and Drums did rattle 
The fight they bravely did maintain 

And while they were about it ; 
Dundee in field was fairly slain, 

and all his Rebells routed. 

Mackay he did the Rebells face, 

that valiant stout Commander ; 
And for his Courage seem'd to trace 

the steps of Alexander : 
His forces he drew up with speed, 

although the Papists flouted ; 
He made Dundee in field to bleed, 

and all his forces routed. 

Two Ballads on Viscount Dundee 363 

In noble shining Armour bright, 

stout lads both brisk and aiery 
March'd with Mackay in field to fight 

for William and Queen Mary; 
Alas the fray near lasted long, 

when once we went about it ; 
Dundee was slain in all the throng, 

likewise his Rebells routed. 

Though he at first rid up in state, 

we soon did blast his Glory ; 
A Pistol Bullet sent him strait 

from hence, to Purgatory : 
His Rebells they did likewise run, 

and through the Valleys scouted, 
So that each man and mothers son 

by Protestants were routed. 

The Clans and the Mackdonells too, 

and all the Heathen faction ; 
When they was told that this was true 

they all were in Distraction ; 
There hearts were fill'd with fear and dread, 

as through the Vails they scouted ; 
Still crying out, Dundee is dead, 

and we shall all be routed. 

Five hundred Rebells, Foot and Horse, 

one day a Town did Plunder, 
But Mackay hearing of that loss, 

strait after them did Thunder 
He Charg'd and Fir'd in the R[ear] 

as they before him scouted, 
Till he at last the Coast did clear 

and they were more than routed. 

We cut them down as they did fly 

and stoutly followed after, 
The Major smote them Hip and Thigh ; 

I'faith with a great slaughter : 
There some was slain, the rest was tain 

who on our Forces glouted, 
In this sharp fray, we got the Day 

and all the Rebells routed. 

Some says Dundee has slipt his wind, 
and fled to Purgatory, 

364 C. H. Firth 

But some are of another mind, 

counting the same a story ; 
They heard him bid his men reside, 

upon the Scotish Borders, 
While he full Post was forc'd to Ride 

away to Hell for Orders. 

Printed for P. Brooksby, J. Deacon, J. Blare, and J. Back. 


O Scotland lament the Loss of thy Friend, 

Who loving hath gain'd thee that Honour and Fame, 
His valour was such he might justly pretend 

The Greatest of Heroes to Meritt the Name, 
But alas ! a Sad fate put a Stop to that hand, 

Which had been sufficient to conquer alone ; 
Now Scotland thou'rt under another Command, 

For Bonny Dundee's gone to his Long home. 

And England who mourns the loss of thy Prince, 

Lament then also the loss of Dundee, 
For when Royall James was banish'd from hence, 

His Cause he espoused most vigorously. 
In Spight of Resistance to Scotland he run, 

There in the High-lands a Party to have ; 
For fight for his Majesty when he was gone 

But Loyal Dundee lyes now in his Grave. 

The stout Highland Ladds with sword in one hand, 

A Target in th' other were ready to go ; 
When ever their Captain would please to Command, 

They'd live and dye with him, they honour'd him so; 
He muster'd his forces, Declar'd for the King, 

Defy'd all his Foes with a handfull of Men, 
And swore his Old Master he'd home again bring, 

But Brave Dundee we'll ne're see agen. 

Mackey upon this to Scotland was sent, 

These Rebells [so] call'd to conquer and slay, 
But his Errant he had Just cause to repent, 

For when he came there he lost the Day. 
Tho' he thought to run down, with his men of Might, 

Dundee and his Party give quarter to none, 
But he gave him battle and put him to Floght, 

But gallant Dundee is now Dead and gone. 

Two Ballads on Viscount Dundee 365 

Who if he had liv'd all men must allow, 

With Conduct so wise, and Courage so great, 
We had marcht to Edinburgh long ere now, 

And put the Conventioners into a Sweat. 
He stop'd their Proceedings and made 'em all run, 

And happy he'd been that could first get away, 
But Death, cold Death, with a Summons did come, 

And Poor Dundee was forc'd to Obey. 

The Castle so famous which held out so long, 

At Length Duke Gourdon was forc'd for to quitt, 
Dundee had regain'd it tho never so strong, 

And soon made a Jacobite Master of it ; 
To stand against his Irresistable hand, 

No horses nor Foot could ever be found, 
But a Williamite now has got the Command, 

'Cause Great Dundee is safe under Ground. 

2 A 

The English Thanksgiving Service for King James* 
delivery from the Cowrie Conspiracy 

r I \HE form of Prayer with Thanksgiving for King James* 
JL delivery from the Gowrie Conspiracy on 5th August, 1600, 
is among the rarest of the special forms of service issued for 
use in England in the seventeenth century. Although the service 
continued to be used upon the appointed day for many years 
at least for a quarter of a century it never found its way into 
the Prayer Book like the corresponding service for 5th Novem- 
ber (Powder Treason), nor does it seem to have been even 
occasionally printed with the Prayer Book like the Form for 
the anniversary of the Fire of London. No standard commen- 
tator in the Book of Common Prayer, old or new, seems to 
mention it, and the present writer has never seen it either 
described or discussed. Although it is of little liturgical interest 
and of no literary merit, it has sufficient peculiarity to warrant 
more notice than it has hitherto received. 

Every student of Scottish history will remember how the 
Edinburgh ministers discredited the official report of the Con- 
spiracy, refused to hold thanksgiving services at the bidding 
of the Town Council, and were punished by being driven from 
their churches ; how Dr. Lindsay, the Bishop of Ross, held a 
service of thanksgiving and preached at the cross of Edinburgh, 
and how the King attended a similar service at the same place on 
his arrival the following week, when Patrick Galloway preached a 
sermon upon psalm 124. Spottiswoode, 1 referring apparently to 
the subsequent meeting of the Privy Council, says that * order 
was taken for a publick and solemn Thanksgiving to be made 
in all the Churches of the Kingdome, and the last Tuesday of 
September with the Sunday following appointed for that exercise.' 
In connexion with the holding of Parliament at Edinburgh 
on 1 5th November in the same year, he tells us that 'the 

1 John Spotswood, History of the Church of Scotland, London, 1655, pp. 460, 461. 

Thanksgiving Service 367 

Estates . . . did ordain, That in all times and ages to come the 
fifth of August should be solemnly kept with prayers, preachings, 
and thanksgiving for the benefit, discharging all work, labour, and 
other occupations upon the said day, which might distract the people in 
any sort from those pious exercises.'' 

There seems no reason to think that any form of service 
was issued in Scotland. The form before us seems to have been 
put forth by royal authority in England in 1603, immediately 
after the union of the crowns, but before the revision of the Prayer 
Book which succeeded the Hampton Court Conference. The 
5th of November was appointed a day of thanksgiving in 
England for the failure of the Gunpowder Plot, and a service 
was set forth for it in 1606. After the Restoration the service 
for Gunpowder Treason, together with those for King Charles the 
Martyr Qoth Jan.) and the Restoration (29th May), were ordered 
by Royal Proclamation to be printed with the Prayer Book. This 
was done, and the days were observed, until 1859, but the 
Gowrie Conspiracy service passed into obscurity with the Great 

The service consists of Morning Prayer, Litany and the first 
part of the Communion Service printed at length as in the Prayer 
Book of the time, but with only the minimum of rubrics, the 
proper psalms, lessons and collects being inserted in their respec- 
tive places, two prayers for alternative use being added at the end. 
In the threadbare rubrics puritan influence is manifest in the sub- 
stitution of the word ' minister ' for ' priest ' in all places where 
the latter occurs in the Prayer Book of the time. This had 
already been done in England in certain unauthorised versions of 
the Prayer Book which had been issued by the puritan party 
during the last half of the reign of Elizabeth, but it is surprising 
to find it in a form set forth by authority just before the 
Hampton Court Conference, and it may be suggested that the 
reason is to be sought in Scottish influence rather than in that of 
the English nonconformists. The three psalms used are not 
definitely prescribed, but are to be selected from the seven provided. 
With this arrangement we may contrast that of the service for 
Gunpowder Treason, where the psalms are definitely fixed. As 
in the latter service, there are the special versicles and responses 
for the King among those before the collects. As in Prayer 
Books before 1604, there is no suffrage for the Royal Family 
in the Litany, but before the conclusion of the Litany there is the 
prayer In the time of any common plague or sickenesse. The Lessons 

368 F. C. Eeles 

and the Epistle and Gospel are the same as those in the service 
for Gunpowder Treason. 

The chief interest, however, of the service lies in the six special 
prayers. Of these the first forms the Collect at Matins, the 
second is inserted after the last Let us pray in the Litany, the 
third forms the Collect in the Communion Service, the fourth is 
to be said after the Offertory and before the Prayer for the whole 
state of Christ's Church, the fifth and sixth are alternative prayers 
printed at the end of the form. The Collect at Morning Prayer 
is headed A Prayer for the Kings Maiestie, and the two alternative 
prayers are preceded by the rubric These two prayers following, may 
be used in place of any of the other, as the Minister shall thinke fit. 

The prayer which forms the Collect at Mattins is an Elizabethan 
composition, and seemingly makes its first appearance as the 
second of three special prayers set forth in 1585, where it is 
preceded by the rubric : 

' ^ A Prayer and thanksgiving for the Queen, used of all the Knights 
and Burgesses in the High Court of Parliament, and very requisite to be 
used and continued of all her Majesty's loving subjects.' 

This rubric suggests that the prayer may have been in use 
for some time. It is here followed by the initials ' J. Th.,' the 
meaning of which is not clear. 

The long special prayer added to the Litany, and the first of 
the two alternative prayers at the end of the service are to be 
found as early as 1594 in : 

' An Order for Prayer and Thanksgiving (necessary to be used in these 
dangerous times) for the safety and preservation of her Majesty and this 
realm. Set forth by authority. London. Printed by the Deputies of 
Christopher Barker, Printer to the Queen's most excellent Majesty. 1594.' 

This order consists of a long and truculent ' Admonition to 
the Reader ' full of personal allusions to various conspirators and 
treasonable persons, followed by six psalms and three prayers, of 
which the prayers in question are the first and second. Four 
years later the same order of service was again set forth, the title 
adding that it was ' renewed with some alterations on the present 
occasion.' The chief alterations were the substitution of a lengthy 
reference to Squire's conspiracy for part of the former * Admoni- 
tion ' and the addition of two more long prayers, the second of 
which is probably the most appalling travesty of a liturgical form 
ever set forth in England. 

Up to the present the writer has not been able to trace the 

Thanksgiving Service 369 

other prayers in the Gowrie service to any earlier source, but 
their style and composition are of much the same character as 
those of all the long and wearisome prayers set forth for special 
occasions in the latter part of Elizabeth's reign. The original 
collects in the service for Powder Treason were of similar 
character. They were very wisely shortened after the Restora- 
tion, and the most violent and unchristian passages omitted. 

The forms of prayer of this period were fortunately short-lived. 
They form a not very creditable chapter in the history of English 
rites. Their length is inordinate, their sentences involved and 
their style bad. As literary compositions they are unworthy of 
the period in which they were written. They make no preten- 
sions to liturgical form. Crowded with ingenious quotations 
from the Old Testament, they breathe the spirit of childhood of 
the race, and they are full of extraordinarily fierce and blood- 
thirsty allusions to enemies and conspirators. Perhaps none in 
this Gowrie form are quite so violent in their language as one in 
the Powder Treason service, and none descend to the lo \vest 
point of all, which seems to be reached in the last prayer in the 
Elizabethan form of 1598, which includes the following passages : 

' Eternal God, which createdst all men after thy likeness, but hast 
advanced Kings more like thyself in places of government, and to that end 
hast both anointed them with thy Holy Oil above others, and also laid a 
curse upon them which touch thine anointed. . . . But those priests of Baal, 
the hellish Chaplains of Antichrist, accursed runagates from their God and 
Prince, the bellows and fuel of these flagrant conspiracies, confound them 
in thy wrath, since thy Grace will not convert them, and that which thy 
power cannot work on them in defeating their enterprizes, let thy fury per- 
form in revenge upon their persons. . . . But let our gracious Queen 
still reign and rule in despite of Rome, and Rheims, and Spain and 
Hell ' 

The first part of this amazing composition contains the key to 
much of the violence of the language of this and cognate forms. 
It was the sacredness of the Royal person in virtue of the 
consecration and anointing administered at the time of the 
Coronation or ' Sacring,' which, as in pre-Reformation times, was 
held to involve all treasonable attempts upon the sovereign in the 
added guilt of sacrilege. And to the men of those days the 
sacrilege was made all the worse because of the religious motive 
underlying it, in virtue of the bull Regnans in excelsis which had 
been issued by the Pope as recently as 1570. Hence the un- 
paralleled ferocity of language, the effect of which is heightened by 

370 F. C. Eeles 

the exaggeration of verbal colouring which was in fashion at the 
time. 1 

The prayers in the following form are all printed in black 
letter in the original, and the rubrics in ordinary Roman. Italics 
here indicate italics in the original, except in the prayers where 
italics here indicate Roman in the original. 


II A fourme of Prayer with Thankesgiuing, to be vsed by all the King's 
Maiesties louing Subjects euery yeere the fift of August. 

Being the day of his Highnesse happy deliuerance from the traiterous and 
bloody attempt of the Earle of Gowry and his brother, with their Adherents. 

Set foorth by Authoritie. 

[Large woodcut of Royal Arms (England ist and 4th) surmounted 
by arched crown and surrounded by conventional mantling.] 

U Imprinted at London by ROBERT BARKER, Printer to the Kings most 
Excellent Maiestie. ANNO 1603. Cum priuilegio. 

^ An order for Morning Prayer to be vsed yerely the fift of August. 

I Exhort you therefore . . . sight of God our Sauiour [i Tim. 2, v. I, 


fl First the Minister shall with a lowd voice pronounce one of these 
three sentences following. 

At what time soever . . . [Ez. 18] 

Rent your hearts . . . [loel 2] 

To thee, O Lord God, belongeth mercy . . . [Dan 9] 

[The order for Morning Prayer then follows with psalms and lessons 
printed in full. The rubric after Venite runs :] 

IT The other psalmes to be read are the 20. 21. 27. 31. 33. 85. 124. 147. 
or any three of them. 

[After the psalms the rubric runs :] 

II The first Lesson, is the xxij. Chapter of the second booke of Samuel. 

And David spake the wordes of this song . . . with Dauid and with his 
seede for evermore. 

Then reade or sing. 

We praise thee, O God ... let me neuer be confounded. 
11 The second Lesson is the xxiij. Chapter of the Actes of the Apostles. 

1 These Elizabethan occasional forms are to be found in Liturgies and Occasional 
Forms of Prayer set forth in the reign of Queen Elizabeth. Edited for the Parker 
Society by the Rev. W. K.' Clay, Cambridge, 1847. For the earlier occurrence 
of the collects mentioned above see pp. 581, 659-60, 683-4. 

Thanksgiving Service 371 

And Paul earnestly beholding the Councell, sayd, Men and brethren, 
I haue liued in all good conscience. . . . And he commanded him to 
be kept in Herods iudgement hall. 

11 Then reade, or sing. 
Blessed be the Lord God of Israel. . . . 

\lubilate is given as an alternative, then the service proceeds as in the 
Prayer Book, except that there is no reference to Evening Prayer in the 
rubric after the Creed, the rubric before the Lord's Prayer is omitted, and 
the word * Minister * is substituted for < Priest.' After the Xf . O Lord saue 
the King there is the I who putteth his trust in thee y with additional 
versicles thus :] 

Minister. Send him helpe from thy holy place. 

People. And euermore mightily defend him. 

Minister. Let his enemies haue no aduantage against him. 

People. Let not the wicked approch neere to hurt him. 

[Instead of the rubric before the collects there is] 

11 A Prayer for the Kings Maiestie. 

O Almightie and most mercifull God, which doest pitch thy tents round 
about thy people, to deliuer them from the handes of their enemies : Wee 
thy humble seruants which haue euer of olde scene thy Saluation, doe fall 
downe and prostrate ourselues with prayse and thankesgiuing to thy glorious 
Name, who hast in thy tender mercies from time to time saued and defended 
thy seruant lames our most gracious King^ and especially as this day diddest 
make frustrate their bloody and most barbarous Treason, who being his 
naturall Subiects, most vnnaturally violating thy Diuine ordinance, did 
secretly seeke to shed his blood. But through thy mercy (O Lord) their 
snare was hewen in pieces, and vpon thy seruants head doeth the Crowne 
flourish. The wicked and bloodthirstie men thought to deuoure Jacob, 
and to lay waste his dwelling place : But thou (O God) which rulest in 
Jacob, and vnto the ends of the world, doest dayly teach us still to trust in 
thee for all thy great mercies, and not to forget thy mercifull kindnesse 
shewed to him that feareth thy Name. O Lord, we confesse to thy glory and 
prayse, that thou onely hast thereby saued vs from destruction, because thou 
hast not giuen him ouer for a praye to the wicked : his soule is deliuered, 
and we are escaped. Heare vs now we pray thee, (O most mercifull Father) 
and continue forth thy louing kindnesse towards thy seruant our Soueraigne 
Lord, towards our most vertuous Queene, and all their Princely children, 
and euermore to thy glory and our comfort keepe them in health with long 
life and prosperitie, whose rest and onely refuge is in thee, O God of their 
saluation. Preserue them as thou art woont, preserue them from the snare 
of the enemie, from the gathering together of the froward, from the 
insurrection of wicked doers, and from all the trayterous conspiracies of 
those which priuily lay waite for their Hues. Graunt this, O heauenly 
Father, for Jesus Christs sake, our onely Mediatour and Aduocate. Amen. 

[Then follow the collects for peace and grace, and then] 

372 F. C. Eeles 

Hit is meete, that the Letanie shall not bee omitted the fift day of 
August, though it fall vpon Monday, Tuesday, Thursday, or Saturday. 

[Then follows the Litany with the usual suffrages for the King but 
without that for the Royal Family. After the last Let us pray the collects 
are as follows :] 

Almighty and euerlasting God, Creator and Gouernour of all the world, 
by whom Kings doe beare rule, and vnder whose prouidence they are 
wonderfully and mightily oftentimes protected from many fearful dangers, 
by which the malice of Sathan and his wicked ympes do seeke to intrappe 
them : Wee giue vnto thy heauenly Maiestie most humble and heartie 
thankes, for that it hath pleased thee of thine infinite mercie and goodnesse 
in Christ Jesu, so wonderfully to uphold, deliuer and preserue thy seruant 
our most dread and Soueraigne Lord King lames so many and sundry 
times from the cruell and bloody treacheries of desperate men and especially 
as this day from the wicked designments of those bloodthirstie wretches the 
Earle Gowry with his brother, and their desperate confederates. And wee 
doe most humbly and from the bottome of our hearts pray and beseech thee 
to continue this thine unspeakeable goodnesse towards him and towards his 
Realmes, and euermore mightily, as thou art woont, to defend and protect 
them. O Lord, dissipate and confound all practises, conspiracies and 
Treasons against him. Smite his enemies vpon the cheeke bone, breake 
their teeth, frustrate their counsels and bring to nought all their deuises. 
Let them fall into the pit that they have prepared for him. Let a sudden 
destruction come vpon them vnawares : and the net that they shall lay for 
him priuily, let it catch themselues, that they may fall into their owne 
mischiefe. Let them be ashamed and confounded together that seeke after 
his life to destroy it. Let them be driven backward, and put to rebuke, 
that wish any euil either to his Royal person, or to our gracious Queene, or 
to any of their most worthy Progenie : So that the whole world and all 
posteritie may see and know, how mightily with thy Fatherly care and 
providence thou watchest over, and defendest those which put their trust in 
thee. And so also they which seeke thy glory may euer be ioyfull and glad 
in thee, and all such as love their saluation, may rightly say alway, The 
Lord be praysed. Graunt this (O most louing and mercifull Father) for thy 
deare Sonnes sake Jesus Christ our Lord and onely Sauiour. Amen. 

We humbly beseech thee, O father, mercifully to looke vpon our 
infirmities . . . 

Almighty and euerlasting God, which onely workest great marueiles . . . 

In the time of any common plague or sickenesse. 

O Almighty God, which in thy wrath in the time of King Dauid . . . 
[After the Litany comes the rubric :] 

f If there be a Communion vpon the fift day of August, then let the 
Epistle, Gospel, and Prayers of Thanksgiuing newly appointed for the 
present occasion, bee vsed in the places as they are here following set downe, 
to bee vsed when there is no Communion. 

Thanksgiving Service 373 

[Here follows the Communion Service, without rubrics save the words 
Minister and People before the sections and responses of the Decalogue, 
down to the collects which follow immediately, thus] 

Let us pray. 

Eternal God, and most gracious Father, which preseruest thy seruants by 
thy mighty hand, especially godly Princes, when their Hues are sought for 
by their cruell enemies : We giue thee most humble and heartie thanks 
according to our bounden duetie for thy gracious fauour, in preseruing 
as this day our Soueraigne Lorde King lames, from the deuilish and 
bloody conspiracie of Earle Cowrie, and his brother with their Complices in 
Scotland, and for executing thy iust iudgements vpon those wicked 
Xraytours. Let it please thee which art the Highest Majesty and Lord of 
hostes, at the humble supplication of vs thy seruants, to couer him still with 
the shield of thy iustice, and to defend him with the sword of thy iudge- 
ment. Graunt, that as thou hast prepared a more princely table for him of 
late, then before, in the sight of thine and his enemies, and hast a